issue-1996-06-25•Federal Register final rules — 1996-06-25
Federal Register final rules — 1996-06-25
issue-1996-06-25Federal Register final rules — 1996-06-25Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-16170 Summer Flounder Fishery; 1996 Recreational Fishery Measures
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32711-32712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16170]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 625
[Docket No. 960412110-6166-02; I.D. 030596E]
RIN 0648-AI93
Summer Flounder Fishery; 1996 Recreational Fishery Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues the final specifications for the 1996 summer
flounder recreational fishery, including no closed season, a possession
limit of eight fish per person and a minimum fish size of 14 inches
(35.6 cm). The intent of this document is to comply with implementing
regulations for the fishery that require NMFS to publish measures for
the upcoming fishing year that will prevent overfishing of the
resource.
EFFECTIVE DATE: June 20, 1996.
ADDRESSES: Copies of the Environmental Assessment and supporting
documents used by the Monitoring Committee are available from:
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 S. New Street, Dover, DE 19901-6790.
FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy
Analyst, (508) 281-9221.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Summer
Flounder Fishery (FMP) was developed jointly by the Mid-Atlantic
Fishery Management Council (Council) and the Atlantic States Marine
Fisheries Commission (ASMFC), in consultation with the New England and
South Atlantic Fishery Management Councils. The management unit for the
FMP is summer flounder (Paralichthys dentatus) in U.S. waters of the
Atlantic Ocean from the southern border of North Carolina northward to
the Canadian border. Implementing regulations for the fishery are found
at 50 CFR part 625.
Section 625.20 outlines the process for determining annual
commercial and recreational catch quotas and other restrictions for the
summer flounder fishery. Pursuant to Sec. 625.20, the Director,
Northeast Region, NMFS, implements measures for the fishing year to
ensure achievement of the fishing mortality rate specified in the FMP.
This document announces the following measures pertaining to the
recreational fishery, which are unchanged from the proposed measures
that were published in the Federal Register on April 22, 1996 (61 FR
17682): (1) The continued elimination of the closed season, (2) an
individual possession limit of 8 fish per person, and (3) a minimum
fish size of 14 inches (35.6 cm).
Comments and Responses
No comments were received during the comment period concerning the
proposed measures.
Classification
This action is authorized by 50 CFR part 625.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
When this rule was proposed, 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 action would not have a significant economic impact on a
substantial number of small entities. The reasons were published in the
proposed rule and are not repeated here. As such, a Regulatory
Flexibility Act analysis has not been prepared.
The Assistant Administrator for Fisheries, NOAA, finds that there
is good cause to waive the delayed effectiveness of this rule under 5
U.S.C. 553(d)(3). As was noted in the proposed rule, these measures
should become effective immediately as the season has
[[Page 32712]]
already started and the increase in possession limit eases a
restriction. Also, the final specifications for the 1996 summer
flounder recreational fishery could not be established when the final
1996 specifications were implemented because recreational catch data
for 1995 were not available for the Summer Flounder Monitoring
Committee to evaluate the effectiveness of the management measures in
attaining the 1995 harvest limit.
List of Subjects in 50 CFR Part 625
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 19, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 625 is amended
to read as follows:
PART 625--SUMMER FLOUNDER FISHERY
1. The authority citation for part 625 continues to read as
follows:
Authority: 16 U.S.C. 1801, et seq.
2. In Sec. 625.25, in paragraph (a) the first sentence is revised
to read as follows:
Sec. 625.25 Possession limit.
(a) No person shall possess more than eight summer flounder in, or
harvested from, the EEZ unless that person is the owner or operator of
a fishing vessel issued a moratorium permit under Sec. 625.4. * * *
* * * * *
[FR Doc. 96-16170 Filed 6-20-96; 2:13pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-16161 Establishment of the Administrative Review Board; Final Rule; Correction
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Page 32910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16161]
[[Page 32909]]
_______________________________________________________________________
Part III
Department of Labor
_______________________________________________________________________
41 CFR Part 50-203
Administrative Review Board: Correction; Final Rule
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules
and Regulations
[[Page 32910]]
DEPARTMENT OF LABOR
41 CFR Part 50-203
Establishment of the Administrative Review Board; Final Rule;
Correction
AGENCY: Department of Labor.
ACTION: Correction to final rule.
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SUMMARY: This document contains a correction to the final regulations
which were published Friday, May 3, 1996 (61 FR 19982). The regulations
established the Administrative Review Board and consolidated, within
this one entity, the authority delegated by the Secretary of Labor to
decide administrative appeals and matters under administrative review.
EFFECTIVE DATE: May 3, 1996.
FOR FURTHER INFORMATION CONTACT:
David A. O'Brien, U.S. Department of Labor, Room S-4309, 200
Constitution Avenue, NW, Washington, DC 20210, Telephone (202) 219-
4728.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of this correction
established the Administrative Review Board and consolidated, within
this one entity, the authority delegated by the Secretary of Labor to
decide administrative appeals and matters under administrative review.
Need for Correction
The document published on May 3rd contained 92 paragraphs of
amendment. Due to inadvertence, one sentence in the regulations (that
being the second sentence in Sec. 50-203.8(a)) was overlooked and not
included in the amendatory process. This document corrects that
omission.
Correction of Publication
Accordingly, the publication on May 3, 1996 of the final
regulations (Establishment of the Administrative Review Board) which
were the subject of FR Doc. 96-9910, is corrected as follows:
On page 19987, in the third column, insert a new amendatory
paragraph, entitled paragraph 71a, to read as follows:
Sec. 50-203.8 [Corrected]
``71a. In Sec. 50-203.8(a) remove the words ``Trial Examiner(s)''
and add, in their place, the words ``administrative law judge(s)'',
wherever they appear in the second and third sentences.
Signed at Washington, D.C. this 20th day of June, 1996.
Robert B. Reich,
Secretary of Labor.
[FR Doc. 96-16161 Filed 6-24-96; 8:45 am]
BILLING CODE 4510-23-M
Complete official Federal Register PDF
FR Doc. 96-16160 Japanese Beetle; Domestic Quarantine and Regulations
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32636-32641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16160]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 95-087-1]
Japanese Beetle; Domestic Quarantine and Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule.
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SUMMARY: We are amending the Japanese beetle quarantine and regulations
to add Minnesota and Wisconsin to the list of quarantined States and to
provide greater specificity about what actions must be taken to prevent
the spread of Japanese beetle by aircraft from regulated airports. The
actions specified by these amendments are necessary to prevent the
spread of Japanese beetle into noninfested areas of the United States.
We are also amending the regulations to allow carriers at regulated
airports the option of performing some activities under a compliance
agreement with the Animal and Plant Health Inspection Service,
[[Page 32637]]
rather than in the presence of an inspector.
DATES: Interim rule effective June 20, 1996. Consideration will be
given only to comments received on or before August 26, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-087-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 95-087-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Mario A. Rodriguez, Operations
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
The Japanese beetle feeds on fruits, vegetables, and ornamental
plants and is capable of causing damage to over 300 potential hosts.
The Japanese beetle quarantine and regulations, contained in 7 CFR
301.48 through 301.48-7 (referred to below as the regulations),
quarantine the States of Alabama, Connecticut, Delaware, Georgia,
Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan,
Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont,
Virginia, West Virginia, and the District of Columbia and restrict the
interstate movement of aircraft from regulated airports in these States
in order to prevent the spread of the Japanese beetle.
The Japanese beetle is active during daylight hours only. Under
Sec. 301.48-2 of the regulations, an inspector of the Animal and Plant
Health Inspection Service (APHIS) may designate any airport within a
quarantined State as a regulated airport if he or she determines that
adult populations of Japanese beetle exist during daylight hours at the
airport to the degree that aircraft using the airport constitute a
threat to spread the Japanese beetle to the seven States listed in
Sec. 301.48(b) (Arizona, California, Idaho, Nevada, Oregon, Utah, and
Washington). An inspector may terminate an airport's designation as
regulated when he or she determines that adult populations of Japanese
beetle no longer exist at the airport to the degree that aircraft using
the airport pose a threat to spread this pest.
Also, under Sec. 301.48-4 of the regulations, a regulated article
may move interstate from a regulated airport to the protected States
only if: (1) The regulated article has been treated in accordance with
the Plant Protection and Quarantine Treatment Manual, which is
incorporated into the regulations by reference at 7 CFR 300.1; or (2)
the inspector, upon visual inspection, determines that the regulated
article does not present a threat to spread the Japanese beetle because
adult beetle populations are not present with regard to the particular
regulated article; or (3) the regulated article arrives and leaves the
regulated airport during the same nondaylight period.
APHIS and State plant health officials constantly monitor the
Japanese beetle population in the United States. Recent trapping
surveys indicate that the States of Minnesota and Wisconsin are now
infested with Japanese beetle. Therefore, we are amending the
regulations in Sec. 301.48(a) to add Minnesota and Wisconsin to the
list of States quarantined for Japanese beetle. We are also amending
the regulations to provide greater specificity about what actions must
be taken to ensure aircraft do not spread Japanese beetle from
regulated airports. The actions specified by these amendments are
necessary to prevent the spread of Japanese beetle to noninfested areas
of the United States. We are also amending the regulations to allow
carriers the option of performing some activities under a compliance
agreement with APHIS, rather than in the presence of an inspector.
We are also amending the definition of ``regulated airport'' in
Sec. 301.48-1 of the regulations to include portions of airports, as
well as entire airports. The current definition pertains only to
airports in their entirety. This change will allow APHIS inspectors to
quarantine only those portions of an airport that are at significant
risk of being infested with Japanese beetles. Generally, these areas
are at the periphery of airports, where commercial carriers of goods
are frequently located. Passenger airlines generally use the portion of
an airport closest to the terminal, where the risk of Japanese beetle
infestation is low. This change would remove a burden on carriers that
use airport areas at low risk of Japanese beetle infestation because
these parts of airports could be excluded from regulation.
We are amending the regulations so that an aircraft may move
interstate from a regulated airport to a protected State only if: (1)
An inspector, upon visual inspection of the airport and/or aircraft,
determines that the aircraft does not present a threat to spread the
Japanese beetle because adult beetle populations are not present; or
(2) the aircraft is opened and loaded only while it is enclosed in a
hangar that APHIS has determined to be free of and safeguarded against
Japanese beetle; or (3) the aircraft is loaded during the hours of 8:00
p.m. to 7:00 a.m. (generally nondaylight) only or lands and departs
during those hours and, in either situation, is kept completely closed
while on the ground during the hours of 7:00 a.m. to 8:00 p.m.; or (4)
if opened and loaded during daylight hours, the aircraft is inspected,
treated, and safeguarded.
If the fourth alternative is chosen, the inspection, treatment, and
safeguarding must be done either under the supervision of an inspector
or under compliance agreement with APHIS. The inspection, treatment,
and safeguarding shall include some or all of the following eight
requirements and any other conditions determined by APHIS to be
necessary to prevent the spread of Japanese beetle:
1. All openings of the aircraft must be closed or safeguarded
during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or
by other means approved by APHIS.
2. All cargo containers that have not been safeguarded in a
protected area must be inspected immediately prior to and during the
loading process. All personnel must check their clothing immediately
prior to entering the aircraft. All Japanese beetles found must be
removed and destroyed.
3. All areas around doors and hatches or other openings in the
aircraft must be inspected prior to removing the exclusionary devices.
All Japanese beetles found must be removed and destroyed. All doors and
hatches must be closed immediately after the exclusionary devices are
moved away from the aircraft.
4. Aircraft must be treated in accordance with the Treatment Manual
no more than 1 hour before loading. The approved pesticide should be
held at a 45-degree angle toward the floor of the aircraft to ensure
full coverage at the specified rate. Particular attention should be
paid to the ball mat area and the holes around the main entrance. The
aircraft must then be aerated under safeguard conditions for 15
minutes.
5. Aircraft treatment records must be maintained for 2 years by the
applicator
[[Page 32638]]
completing or supervising the treatment. These records must be provided
upon request for review by an inspector. Treatment records shall
include the pesticide used, the date of application, the location where
the pesticide was applied (airport and aircraft), the amount of
pesticide applied, and the name of the applicator.
6. When ``tail swapping'' procedures are implemented (replacement
of a designated aircraft with an alternate one when mechanical or other
problems occur in the designated aircraft before departure), the
alternate aircraft must be inspected and all Japanese beetles must be
removed. The aircraft must be safeguarded by closing all openings and
hatches or by equipping the aircraft with exclusionary devices until
the aircraft is ready for use. During loading, all treatment and
safeguard requirements applicable to regularly scheduled aircraft must
be implemented.
7. Aircraft may be retreated in the noninfested State if Japanese
beetles are found.
8. Notification of unscheduled commercial flights and of all
military flights must be given at least 1 hour before departure to the
appropriate person in the destination airport of any of the States
listed in Sec. 301.48(b). Notification of arriving military flights
should also be given to base commanders to facilitate the entrance of
Federal and/or State inspectors onto the base, if necessary.
Inspectors will determine which of these eight requirements are
appropriate for each individual carrier on a case-by-case basis. The
requirements could vary not only among carriers at different airports
but also among carriers at the same airport based on varying degrees of
pest risk. As described previously, the location of a carrier at an
airport plays a large part in determining the risk of Japanese beetle
infestation.
Any person who enters into a compliance agreement, and employees or
agents of that person, must allow inspectors access to all records
regarding treatment of aircraft and to all areas where loading,
unloading, and treatment of aircraft occurs. Approval for a compliance
agreement may be canceled at any time if the Administrator determines
that the requirements of the agreement are not being met.
We are also amending the regulations by making some changes that
pertain to internal agency management. The regulations indicate that
the Deputy Administrator, Plant Protection and Quarantine, APHIS, is
the official responsible for various decisions under the regulations.
We are revising the regulations to indicate that the primary
responsibility for various decisions under these regulations belongs to
the APHIS Administrator. We are replacing all references to ``Deputy
Administrator'' with references to ``Administrator'' and are replacing
all references to ``Plant Protection and Quarantine'' with references
to ``Animal and Plant Health Inspection Service.'' Similar changes have
been made to other APHIS regulations.
Nonsubstantive Changes
We are making one nonsubstantive change to correct an error in a
previous rulemaking that pertained to the Japanese beetle regulations.
On January 12, 1987, we published in the Federal Register (52 FR 1179-
1180, Docket No. 86-351) a final rule that, among other things, amended
7 CFR 300, ``Incorporation by Reference,'' to remove the Japanese
Beetle Program Manual from the list of materials incorporated into the
regulations by reference. However, this change was not reflected in the
Japanese beetle regulations. We are therefore removing the reference to
the ``Japanese Beetle Program Manual'' in the definition of ``Treatment
manual'' at Sec. 301.48-1 of the regulations to reflect the change that
became effective upon publication of the final rule of January 12,
1987.
We are making several editorial changes to improve the regulations.
Immediate Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that there is good cause for publishing this interim
rule without prior opportunity for public comment. Immediate action is
necessary to implement improved procedures for preventing the spread of
Japanese beetle to noninfested areas of the United States prior to the
beginning of the 1996 season of Japanese beetle activity (mid-June in
many parts of the country).
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make this
rule effective upon publication in the Federal Register. We will
consider comments that are received within 60 days of publication of
this rule in the Federal Register. After the comment period closes, we
will publish another document in the Federal Register. It will include
a discussion of any comments we receive and any amendments we are
making to the rule as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
The Japanese beetle regulations are being amended to add Minnesota
and Wisconsin to the list of States regulated for Japanese beetle and
to state in more detail the requirements for the interstate movement of
aircraft from regulated airports. Thus, the rule clarifies Japanese
beetle domestic quarantine regulations, but actual practices at the
regulated airports will not be significantly altered.
While the status of certain airports under regulation has changed
from year to year, the total number of regulated airports has averaged
about eight for several years and is not expected to change in the
foreseeable future. Nearly all regulated flights are loaded in
accordance with inspection, treatment, and safeguarding procedures
under APHIS supervision. The costs incurred by the affected air
carriers for complying with the inspection, treatment, and safeguarding
requirements of the regulations are not expected to change.
The only significant change in actual program operations is that
inspection, treatment, and safeguarding requirements for aircraft may
be done under a compliance agreement with APHIS, without the direct
supervision of an inspector. The possibility of compliance agreements
may create time-saving opportunities for the affected air carriers due
to increased flexibility in timing and flight schedules. These time-
saving opportunities may translate into lower costs for the affected
air carriers.
According to the Small Business Administration, an air carrier with
1,500 employees or less is considered small. The exact number or
percentage of small air carriers is not known. Even though most of the
affected flights from regulated airports are those of large air
carriers, other, smaller companies may benefit indirectly from the more
timely and perhaps more frequent departures that may result from the
compliance agreements.
Regulated airports and affected air carriers consider it important
to minimize the risk of transporting the Japanese beetle. Some of them
volunteer turf treatments in areas surrounding the airports. In
addition, APHIS encourages the planting of nonhost plants near the
regulated airports. According to airport authorities and air carriers,
such activities entail costs that are worthwhile when compared to the
potential costs of disrupted business
[[Page 32639]]
that would result if the Japanese beetle were transported.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this rule. The assessment provides a basis for
the conclusion that the amendments to the Japanese beetle regulations
will not present a risk of introducing or disseminating plant pests and
will not have a significant impact on the quality of the human
environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the
Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection at USDA, room
1141, South Building, 14th Street and Independence Avenue SW.,
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays. Persons wishing to inspect copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to the individual listed
under FOR FURTHER INFORMATION CONTACT. The environmental assessment and
finding of no significant impact are also posted on the Worldwide Web.
The URL is http://www.aphis.usda.gov/bbep/ead/ppqdocs.html.
Paperwork Reduction Act
In accordance with section 3507(j) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection and
recordkeeping requirements included in this interim rule have been
submitted for emergency approval to the Office of Management and Budget
(OMB). This interim rule amends the existing information collections
approved by OMB under control number 0579-0088, and OMB has granted
emergency approval under this control number. Notwithstanding any other
provision of the law, no person is required to respond to, nor shall
any person be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the Paperwork
Reduction Act, unless that collection of information displays a
currently valid OMB control number. Please send written comments to the
Office of Information and Regulatory Affairs, OMB, Attention: Desk
Officer for APHIS, Washington, DC 20503. Please state that your
comments refer to Docket No. 95-087-1. Please send a copy of your
comments to: (1) Docket No. 95-087-1, Regulatory Analysis and
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118,
Riverdale, MD 20737-1238, and (2) Clearance Officer, OIRM, USDA, room
404-W, 14th Street and Independence Avenue, SW., Washington, DC 20250.
Abstract
We are publishing an interim rule (95-087-1) to add two new States
(Minnesota and Wisconsin) to the list of States quarantined because of
the Japanese beetle and to provide greater specificity concerning what
actions need to be taken to ensure that aircraft do not spread Japanese
beetles from regulated airports.
Aircraft that depart from regulated airports in quarantined States
are subject to regulations designed to prevent the spread of the
Japanese beetle to other States.
Our interim rule also provides carriers engaged in the
transportation of goods from regulated airports with the option of
performing some activities (such as treating and safeguarding the
aircraft) under a compliance agreement with us, rather than in the
presence of an inspector.
This regulatory action is designed to prevent the spread of the
Japanese beetle within the United States. Its implementation will
require us to engage in certain information collection activities that
will necessitate the use of several forms, including aircraft treatment
records, notifications of arrival, and compliance agreements.
We are seeking OMB approval to use these forms.
Aircraft treatment records: An aircraft that is preparing to depart
from a regulated airport must be treated with an approved pesticide no
more than 1 hour before it is loaded. The individual completing or
supervising this treatment must maintain these treatment records for 2
years. The records must be made available to an inspector upon request.
The records must include the pesticide used, the date of application,
the location where the pesticide was applied (airport and aircraft),
the amount of pesticide applied, and the name of the individual who
performed the treatment.
Notification of arrival: Appropriate personnel at the destination
airport must be notified of an incoming, unscheduled commercial flight
(and all military flights) at least 1 hour before the aircraft departs
from a regulated airport. This notification is always accomplished via
a telephone call. Inspectors in the destination area need this
information to schedule their work, thus minimizing delays in
accomplishing inspections and necessary treatments of regulated
articles upon their arrival.
Compliance agreement and cancellation: Certain precautions must be
taken before an aircraft departs from a regulated airport. The aircraft
may depart if an inspector determines that adult Japanese beetles are
not present at the airport; or the aircraft may depart if it has been
opened and loaded only in a hangar that we have determined is free of
Japanese beetles; or it may depart if it has been loaded only during
nondaylight hours (since Japanese beetles are active during daylight
hours only); or the aircraft may depart if it is opened and loaded
during the day but is subsequently inspected, treated, and safeguarded.
Our interim rule provides the carrier with the option of having the
inspection, treatment, and safeguarding performed under the direct
supervision of an inspector or under a compliance agreement with APHIS.
The compliance agreement would specify what procedures and precautions
the carrier must undertake to prevent the aircraft
[[Page 32640]]
from spreading the Japanese beetle to noninfested areas of the United
States.
Approval of a compliance agreement can be withdrawn if we determine
that the requirements in the agreement are not being met.
If a compliance agreement has been canceled or denied, the
applicant may appeal in writing within 10 days after receiving written
notification.
The information collection activities described above are a crucial
component of our program to prevent the spread of the Japanese beetle.
The purpose of this notice is to solicit comments from the public
(as well as affected agencies) concerning this information collection
activity. We need this outside input to help us:
Evaluate whether the information collection is necessary for the
proper performance of our agency's functions, including whether the
information will have practical utility;
Evaluate the accuracy of our estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
Enhance the quality, utility, and clarity of the information to be
collected; and
Minimize the burden of the information collection on those who are
to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 2 hours and 51 minutes per
response.
Respondents: Importers, airport personnel, carriers.
Estimated number of respondents: 29.
Estimated number of responses per respondent: 1.41.
Estimated total annual burden on respondent: 117 hours.
Copies of this information collection can be obtained from the
Department of Agriculture, Clearance Officer, OIRM, Ag. Box 7630,
Washington, DC 20250.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, 7 CFR part 301 is amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Sec. 301.48 [Amended]
2. In Sec. 301.48, paragraph (a) is amended by adding the word
``Minnesota,'' after the word ``Michigan,'' and by adding the word
``Wisconsin,'' after the words ``West Virginia,''.
3. Section 301.48-1 is amended as follows:
a. By removing the definitions for Deputy Administrator and Plant
Protection and Quarantine Programs.
b. By adding definitions in alphabetical order for Administrator,
Animal and Plant Health Inspection Service (APHIS), and Compliance
agreement to read as set forth below.
c. By revising the definitions of Inspector, Regulated airport, and
Treatment manual to read as set forth below.
Sec. 301.48-1 Definitions.
* * * * *
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any person authorized to act for the
Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Compliance agreement. A written agreement between the Animal and
Plant Health Inspection Service and a person engaged in the business of
moving regulated articles interstate, in which the person agrees to
comply with the provisions of this subpart.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or other person, authorized by
the Administrator to enforce the provisions of the quarantine and
regulations in this subpart.
* * * * *
Regulated airport. Any airport or portions of an airport in a
quarantined State declared regulated in accordance with provisions in
Sec. 301.48-2 of this subpart.
* * * * *
Treatment Manual. The Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this
chapter.
* * * * *
Sec. 301.48-2 [Amended]
4. Section 301.48-2 is amended by adding the words ``or she'' after
the word ``he'' where it appears in paragraphs (a) and (b).
Sec. 301.48-3 [Amended]
5. Section 301.48-3 is amended by removing the word ``Deputy''.
6. Section 301.48-4 is revised to read as follows:
Sec. 301.48-4 Conditions governing the interstate movement of
regulated articles from quarantined States.
A regulated article may be moved interstate from a regulated
airport to any State 1 designated in Sec. 301.48(b) only if:
---------------------------------------------------------------------------
\1\ Requirements under all other applicable Federal domestic
plant quarantines must be met.
---------------------------------------------------------------------------
(a) An inspector, upon visual inspection of the airport and/or the
aircraft, determines that the regulated article does not present a
threat to spread the Japanese beetle because adult beetle populations
are not present; or
(b) The aircraft is opened and loaded only while it is enclosed
inside a hangar that an inspector has determined to be free of and
safeguarded against Japanese beetle; or
(c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00
a.m. only or lands and departs during those hours and, in either
situation, is kept completely closed while on the ground during the
hours of 7:00 a.m. to 8:00 p.m.; or
(d) If opened and loaded between the hours of 7:00 a.m. to 8:00
p.m., the aircraft is inspected, treated, and safeguarded. Inspection,
treatment, and safeguarding must be done either under a compliance
agreement in accordance with Sec. 301.48-8 or under the direct
supervision of an inspector. On a case-by-case basis, inspectors will
determine which of the following conditions, and any supplemental
conditions deemed necessary by the Administrator to prevent the spread
of Japanese beetle, are required:
(1) All openings of the aircraft must be closed or safeguarded
during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or
by other means approved by the Administrator.
(2) All cargo containers that have not been safeguarded in a
protected area must be inspected immediately prior to and during the
loading process. All personnel must check their clothing immediately
prior to entering the aircraft. All Japanese beetles found must be
removed and destroyed.
(3) All areas around doors and hatches or other openings in the
aircraft must be inspected prior to removing the exclusionary devices.
All Japanese beetles found must be removed and destroyed. All doors and
hatches must be closed immediately after the exclusionary devices are
moved away from the aircraft.
[[Page 32641]]
(4) Aircraft must be treated in accordance with the Treatment
Manual no more than 1 hour before loading. The approved pesticide
should be held at a 45-degree angle toward the floor of the aircraft to
ensure full coverage at the specified rate. Particular attention should
be paid to the ball mat area and the holes around the main entrance.
The aircraft must then be aerated under safeguard conditions for 15
minutes.
(5) Aircraft treatment records must be maintained by the applicator
completing or supervising the treatment for a period of 2 years. These
records must be provided upon request for review by an inspector.
Treatment records shall include the pesticide used, the date of
application, the location where the pesticide was applied (airport and
aircraft), the amount of pesticide applied, and the name of the
applicator.
(6) When ``tail swapping'' procedures are implemented (replacement
of a designated aircraft with an alternate one when mechanical or other
problems occur in the designated aircraft before departure), the
alternate aircraft must be inspected and all Japanese beetles must be
removed. The aircraft must be safeguarded by closing all openings and
hatches or by equipping the aircraft with exclusionary devices until
the aircraft is ready for use. During loading, all treatment and
safeguard requirements applicable to regularly scheduled aircraft must
be implemented.
(7) Aircraft may be retreated in the noninfested State if live
Japanese beetles are found.
(8) Notification of unscheduled commercial flights and of all
military flights must be given at least 1 hour before departure to the
appropriate person in the destination airport of any of the States
listed in Sec. 301.48(b). Notification of arriving military flights
should also be given to base commanders to facilitate the entrance of
Federal and/or State inspectors onto the base if necessary.
Sec. 301.48-5 [Amended]
7. Section 301.48-5 is amended by removing the word ``Deputy''.
Sec. 301.48-6 [Amended]
8. Section 301.48-6 is amended by removing the word ``Deputy''.
9. A new Sec. 301.48-8 is added to read as set forth below.
Sec. 301.48-8 Compliance agreements and cancellation.
(a) Any person engaged in the business of moving regulated articles
may enter into a compliance agreement to facilitate the movement of
such articles under this subpart. Any person who enters into a
compliance agreement, and employees or agents of that person, must
allow an inspector access to all records regarding treatment of
aircraft and to all areas where loading, unloading, and treatment of
aircraft occurs.
(b) A compliance agreement may be canceled by an inspector, orally
or in writing, whenever he or she determines that the person who has
entered into the compliance agreement has failed to comply with the
agreement or this subpart. If the cancellation is oral, the
cancellation and the reasons for the cancellation will be confirmed in
writing within 20 days of oral notification. Any person whose
compliance agreement has been canceled may appeal the decision, in
writing, to the Administrator within 10 days after receiving written
notification of the cancellation. The appeal must state all of the
facts and reasons upon which the person relies to show that the
compliance agreement was wrongfully canceled. A hearing will be held to
resolve any conflict as to any material fact. The Administrator shall
adopt rules of practice for the hearing. An appeal shall be granted or
denied, in writing, as promptly as circumstances allow, and the reasons
for the decision shall be stated. The compliance agreement will remain
canceled pending the decision on the appeal.
Done in Washington, DC, this 20th day of June 1996.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-16160 Filed 6-24-96; 8:45 am]
BILLING CODE 3410-34-P
Complete official Federal Register PDF
FR Doc. 96-16159 Pork and Pork Products From Mexico Transiting the United States
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32646-32647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16159]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. 95-093-2]
Pork and Pork Products From Mexico Transiting the United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule allows fresh, chilled, and frozen pork and
pork products from the Mexican State of Yucatan to transit the United
States, under certain conditions, for export to another country.
Previously, we allowed such pork and pork products only from the
Mexican States of Sonora and Chihuahua to transit the United States for
export. Otherwise, fresh, chilled, or frozen pork and pork products are
prohibited movement into the United States from Mexico because of hog
cholera in Mexico. Yucatan, like Sonora and Chihuahua, appears to be a
low-risk area for hog cholera, and we believe that fresh, chilled, and
frozen pork and pork products from Yucatan could transit the United
States with minimal risk of introducing hog cholera. This action will
facilitate trade.
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Dr. Michael David, Senior Staff
Veterinarian, Import/Export Animals, National Center for Import and
Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231,
(301) 734-5097.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) prohibit or restrict the importation of certain animals
and animal products into the United States to prevent the introduction
of certain animal diseases. Section 94.9 of the regulations prohibits
the importation of pork and pork products into the United States from
countries where hog cholera exists, unless the pork or pork products
have been treated in one of several ways, all of which involve heating
or curing and drying.
Because hog cholera exists in Mexico, pork and pork products from
Mexico must meet the requirements of Sec. 94.9 to be imported into the
United States. However, under Sec. 94.15, pork and pork products that
are from certain Mexican States and that are not eligible for entry
into the United States in accordance with the regulations may transit
the United States for immediate export if certain conditions are met.
Prior to the effective date of this final rule, only pork and pork
products from Sonora and Chihuahua, Mexico, were eligible to transit
the United States in accordance with Sec. 94.15.
On February 23, 1996, we published in the Federal Register (61 FR
6955-6956, Docket No. 95-093-1) a proposal to amend the regulations by
allowing pork and pork products from the Mexican State of Yucatan to
transit the United States for export under the same conditions as pork
and pork products from Sonora and Chihuahua.
These conditions were set forth as follows:
1. Any person wishing to transport pork or pork products from
Yucatan through the United States for export must first obtain a permit
for importation from the Animal and Plant Health Inspection Service
(APHIS).
2. The pork or pork products must be sealed in Yucatan in a
leakproof container, with a serially numbered seal approved by APHIS.
The container must remain sealed at all times while transiting the
United States.
3. The person moving the pork or pork products through the United
States must inform the APHIS officer at the U.S. port of arrival, in
writing, of the following information before the pork or pork products
arrive in the United States: The times and dates that the pork or pork
products are expected at the port of arrival in the United States, the
time schedule and route of the shipments through the United States, and
the permit number and serial numbers of the seals on the containers.
4. The pork or pork products must transit the United States under
Customs bond.
5. The pork or pork products must be exported from the United
States within the time period specified on the permit.
Any pork or pork products exceeding the time limit specified on the
permit or transiting in violation of any of the requirements of the
permit or the regulations may be destroyed or otherwise disposed of at
the discretion of the Administrator, APHIS, pursuant to section 2 of
the Act of February 2, 1903, as amended (21 U.S.C. 111).
We solicited comments concerning our proposal for 60 days ending
April 23, 1996. We received one comment by that date. The comment was
from a domestic pork industry group. The commenter commended the
efforts of Mexican pork producers and the Mexican Government in their
hog cholera eradication efforts, stated support for the principles of
regionalization outlined in the proposed rule, reemphasized the
importance of surveillance and control measures to minimize the risk of
transmitting hog cholera to the U.S. swine population, and discussed a
related trade issue. The commenter did not recommend any clarification
or changes to the proposed rule.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule without
change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions no longer found to
be warranted. Therefore, the Administrator of the Animal and Plant
Health Inspection Service has determined that this rule should be
effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This rule allows fresh, chilled, and frozen pork and pork products
from the Mexican State of Yucatan to transit the United States, under
certain conditions, for export to another country. It has been
determined that Yucatan is a low-risk area for hog cholera and has the
veterinary infrastructure necessary to monitor for the presence of the
disease.
There appears to be little risk of hog cholera exposure from
shipments of pork and pork products from Yucatan
[[Page 32647]]
transiting the United States. Assuming that proper risk management
techniques continue to be applied in Mexico and that accident and
exposure risk are minimized by proper handling during transport, the
risk of exposure to hog cholera from pork in transit from Mexico
through the United States is minimal.
Shipments of pork and pork products from Yucatan transiting the
United States will most likely be ocean shipments to Miami with final
destinations in the Caribbean and South America. Because no overland
transit of pork and pork products through the United States is expected
as a result of this rulemaking, no increase in U.S. trucking or other
U.S.-based economic activity is expected.
Both the United States and Mexico are net pork importers. U.S. pork
imports represent approximately 2 to 3 percent of production, and
Mexican imports represent 7 to 8 percent of production. With favorable
income growth expected in Mexico due to trade liberalization, meat
imports, including pork products, are expected to grow and limit
Mexican pork exports. However, facilitating export opportunities for
the Mexican pork industry may provide incentives for continued efforts
to eradicate hog cholera from infected Mexican States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, 9 CFR part 94 is amended as follows:
PART 94--RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL
PLAGUE), VELOGENIC VISCEROTROPIC NEWCASTLE DISEASE, AFRICAN SWINE
FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY:
PROHIBITED AND RESTRICTED IMPORTATIONS
1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 147a, 150ee, 161, 162, and 450; 19 U.S.C.
1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and
371.2(d).
Sec. 94.15 [Amended]
2. In Sec. 94.15, paragraph (b), the introductory text and
paragraph (b)(2) are amended by removing the words ``Chihuahua or
Sonora'' and adding the words ``Chihuahua, Sonora, or Yucatan'' in
their place.
Done in Washington, DC, this 19th day of June 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-16159 Filed 6-24-96; 8:45 am]
BILLING CODE 3410-34-P
Complete official Federal Register PDF
FR Doc. 96-16131 List of Communities Eligible for the Sale of Flood Insurance
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32702-32705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16131]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 716
Health and Safety Data Reporting
CFR Correction
In title 40 of the Code of Federal Regulations, parts 700 to 789,
revised as of July 1, 1995, in Sec. 716.120(d), on pages 79 and 80, the
chemical substances under the category Siloxanes should read as
follows:
Sec. 716.120 Substances and listed mixtures to which this subpart
applies.
* * * * *
(d) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Special
Category CAS No. (exemptions for category) Exemptions Effective Date Sunset Date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Siloxanes:
Cyclopolydimethylsiloxane..................... 69430-24-6................................... 10/12/93 10/12/03
Decamethylcyclopentasiloxane.................. 541-02-6..................................... 10/12/93 10/12/03
Decamethyltetrasiloxane....................... 141-62-8..................................... 10/12/93 10/12/03
Dimethyldiphenylsiloxane...................... 68083-14-7................................... 10/12/93 10/12/03
Dimethylhydropolylsiloxane.................... 68037-59-2................................... 10/12/93 10/12/03
Dimethylmethyl 3,3,3-trifluoropropyl siloxane. 115361-68-7.................................. 10/12/93 10/12/03
Dimethylmethylvinylsiloxane................... 67762-94-1................................... 10/12/93 10/12/03
Dimethylpolysiloxanes......................... 68037-74-1................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Dimethyl silicones and siloxanes.............. 63148-62-9................................... 10/12/93 10/12/03
Dimethyl silicones and siloxane, reaction 67762-90-7................................... Sec. 716.20(b)(2 10/12/93 10/12/03
products with silica. ) applies
Docosamethylcycloundecasiloxane............... 18766-38-6................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Docosamethyldecasiloxane...................... 556-70-7..................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Dodecamethylcyclohexasiloxane................. 540-97-6..................................... 10/12/93 10/12/03
Dodecamethylpentasiloxane..................... 141-63-9..................................... 10/12/93 10/12/03
Dotetracontamethyleicosasiloxane.............. 150027-00-2.................................. Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Dotriacontamethylcyclohexadecasiloxane........ 150026-95-2.................................. Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Dotriacontamethylpentadecasiloxane............ 2471-11-6.................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Eicosamethylcyclodecasiloxane................. 18772-36-6................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
[[Page 32703]]
Eicosamethylnonasiloxane...................... 2652-13-3.................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Hexacosamethylcyclotridecasiloxane............ 23732-94-7................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Hexacosamethyldodecasiloxane.................. 2471-08-1.................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Hexadecamethylcyclooctasiloxane............... 556-68-3..................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Hexadecamethylheptasiloxane................... 541-01-5..................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Hexamethylcyclotrisiloxane.................... 541-05-9..................................... 10/12/93 10/12/03
Hexamethyldisilazane.......................... 999-97-3..................................... 10/12/93 10/12/03
Hexamethyldisiloxane.......................... 107-46-0..................................... 10/12/93 10/12/03
Hexatriacontamethylcyclooctadecasiloxane...... 23523-12-8................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Hexatriacontamethylheptadecasiloxane.......... 18844-04-7................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Methylpolysiloxane............................ 9004-73-3.................................... 10/12/93 10/12/03
Methylvinylcyclosiloxane...................... 2554-06-5.................................... 10/12/93 10/12/03
Siloxanes and silicones, di-Me, hydroxy- 70131-67-8................................... Sec. 716.20(b)(2 10/12/93 10/12/03
terminated. ) applies
Octacosamethylcyclotetradecasiloxane.......... 149050-40-8.................................. Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Octacosamethyltridecasiloxane................. 2471-09-2.................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Octadecamethylcyclononasiloxane............... 556-71-8..................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Octadecamethyloctasiloxane.................... 556-69-4..................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Octamethyltrisiloxane......................... 107-51-7..................................... 10/12/93 10/12/03
Octaphenylcyclotetrasiloxane.................. 546-56-5..................................... 10/12/93 10/12/03
Octatriacontamethylcyclononadecasiloxane...... 150026-97-4.................................. Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Octatriacontamethyloctadecasiloxane........... 36938-52-0................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Polymethyloctadecylsiloxane................... not available................................ Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Tetracontamethylcycloeicosasiloxane........... 150026-98-5.................................. Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Tetracontamethylnonadecasiloxane.............. 150026-99-6.................................. Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Tetracosamethylcyclododecasiloxane............ 18919-94-3................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Tetracosamethylundecasiloxane................. 107-53-9..................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Tetradecamethylcycloheptasiloxane............. 107-50-6..................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Tetradecamethylhexasiloxane................... 107-52-8..................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Tetramethylcyclotetrasiloxane................. 2370-88-9.................................... 10/12/93 10/12/03
Tetramethyldivinyldisiloxane.................. 2627-95-4.................................... 10/12/93 10/12/03
Tetratriacontamethylcycloheptadecasiloxane.... 150026-96-3.................................. 10/12/93 10/12/03
Tetratriacontamethylhexadecasiloxane.......... 36938-50-8................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Triacontamethylcyclopentadecasiloxane......... 23523-14-0................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Triacontamethyltetradecasiloxane.............. 2471-10-5.................................... Sec. 716.20(b)(2 10/12/93 10/12/03
) applies
Trifluoropropylmethylcyclotrisiloxane......... 2374-14-3.................................... 10/12/93 10/12/03
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
BILLING CODE 1505-01-D
[[Page 32704]]
=======================================================================
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 64
[Docket No. FEMA-7643]
List of Communities Eligible for the Sale of Flood Insurance
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
-----------------------------------------------------------------------:
SUMMARY: This rule identifies communities participating in the National
Flood Insurance Program (NFIP). These communities have applied to the
program and have agreed to enact certain floodplain management
measures. The communities' participation in the program authorizes the
sale of flood insurance to owners of property located in the
communities listed.
EFFECTIVE DATES: The dates listed in the third column of the table.
ADDRESSES: Flood insurance policies for property located in the
communities listed can be obtained from any licensed property insurance
agent or broker serving the eligible community, or from the NFIP at:
Post Office Box 6464, Rockville, MD 20849, (800) 638-6620.
FOR FURTHER INFORMATION CONTACT: Robert F. Shea, Jr., Division
Director, Program Implementation Division, Mitigation Directorate, 500
C Street, SW., room 417, Washington, DC 20472, (202) 646-3619.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
measures aimed at protecting lives and new construction from future
flooding. Since the communities on the attached list have recently
entered the NFIP, subsidized flood insurance is now available for
property in the community.
In addition, the Director of the Federal Emergency Management
Agency has identified the special flood hazard areas in some of these
communities by publishing a Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM). The date of the flood map, if one has been
published, is indicated in the fourth column of the table. In the
communities listed where a flood map has been published, Section 102 of
the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C.
4012(a), requires the purchase of flood insurance as a condition of
Federal or federally related financial assistance for acquisition or
construction of buildings in the special flood hazard areas shown on
the map.
The Director finds that the delayed effective dates would be
contrary to the public interest. The Director also finds that notice
and public procedure under 5 U.S.C. 553(b) are impracticable and
unnecessary.
National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR Part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
Regulatory Flexibility Act. The Acting Associate Director certifies
that this rule will not have a significant economic impact on a
substantial number of small entities in accordance with the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., because the rule creates no
additional burden, but lists those communities eligible for the sale of
flood insurance.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
Executive Order 12612, Federalism. This rule involves no policies
that have federalism implications under Executive Order 12612,
Federalism, October 26, 1987, CFR, 1987 Comp., p. 252.
Executive Order 12778, Civil Justice Reform. This rule meets the
applicable standards of section 2(b)(2) of Executive Order 12778,
October 25, 1991, 56 FR 55195, 3 CFR, 1991 Comp., p. 309.
List of Subjects in 44 CAR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
1. The authority citation for Part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq., Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.
Sec. 64 [Amended]
2. The tables published under the authority of Sec. 64.6 are
amended as follows:
----------------------------------------------------------------------------------------------------------------
Community Effective date of
State/location No. eligibility Current effective map date
----------------------------------------------------------------------------------------------------------------
New Eligibles--Emergency Program
Kentucky:
Elliott County, unincorporated areas 210372 May 8, 1996...............
Frenchburg, city of, Menifee County. 210373 ......do..................
Montana: Fort Benton, city of Chouteau 300013 May 17, 1996..............
County.
Texas: Live Oak County, unincorporated 481179 ......do..................
areas.
New Hampshire: Hart's Location, town of, 330213 May 30, 1996..............
Carroll County.
New Eligibles--Regular Program
Texas: Fairchilds, village of Fort Bend 481675 May 28, 1996..............
County \1\.
Reinstatements
New York:
St. Armand, Town of, Essex County... 361157 Aug. 10, 1984, Emerg; Feb. Feb. 5, 1986.
5, 1986, Reg; Nov. 4,
1992, Susp; May 8, 1996,
Rein.
Rodman, town of Jefferson County.... 360349 July 29, 1975, Emerg; July July 3, 1985.
3, 1985, Reg; Nov. 4,
1992, Susp; May 31, 1996,
Rein.
Regular Program Conversions
Region III
Pennsylvania: German, township of, 421627 May 6, 1996, Suspension May 6, 1996.
Fayette County. Withdrawn.
[[Page 32705]]
Region IV
Georgia:
Jasper County, unincorporated areas. 130519 ......do.................. Do.
Telfair County, unincorporated areas 130166 ......do.................. do.
North Carolina: Asheville, city of, 370032 ......do.................. Do.
Buncombe County.
Region V
Indiana: Warrick County, unincorporated 180418 ......do.................. Do.
areas.
Michigan:
Allen Park, city of, Wayne County... 260217 ......do.................. Do.
Dearborn, city of, Wayne County..... 260220 ......do.................. Do.
Dearborn Heights, city of, Wayne 260221 ......do.................. Do.
County.
Selma, township of, Wexford County.. 260757 ......do.................. Do.
Taylor, city of, Wayne County....... 260728 ......do.................. Do.
Region VI
Oklahoma:
Pauls Valley, city of, Garvin County 400246 ......do.................. Do.
Stillwater, city of, Payne County... 405380 ......do.................. Do.
Region VII
Colorado: Lafayette, city of, Boulder 080026 ......do.................. Do.
County.
Region I
Maine: Lyman, town of, York County...... 230195 May 20, 1996, Suspension May 20, 1996.
Withdrawn.
Region X
Washington, King County, unincorporated 530071 ......do.................. Do.
areas.
----------------------------------------------------------------------------------------------------------------
\1\ The Village of Fairchilds has adopted Fort Bend County's Flood Insurance Study (FIS) and Flood Insurance
Rate Map (FIRM) (Panel 375) dated September 30, 1992, for floodplain management and insurance purposes. The
county's CID number is 480228.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Rein.--Reinstatement; Susp.--Suspension;
With.--Withdrawn.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Issued: June 14, 1996.
Richard W. Krimm,
Acting Associate Director Mitigation Directorate.
[FR Doc. 96-16131 Filed 6-24-96; 8:45 am]
BILLING CODE 6718-05-M
Complete official Federal Register PDF
FR Doc. 96-16126 Clean Air Act Final Interim Approval of Operating Permits Program; the State of Texas
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32693-32699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16126]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[TX-FRL-5526-4]
Clean Air Act Final Interim Approval of Operating Permits
Program; the State of Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final Source Category-Limited Interim Approval.
-----------------------------------------------------------------------
SUMMARY: The EPA is promulgating source category-limited interim
approval of the Operating Permits program submitted by the Texas
Natural Resource Conservation Commission (TNRCC) for the State of Texas
for the purpose of complying with Federal requirements for an
approvable State program to issue operating permits to all major
stationary sources, except any sources of air pollution over which an
indian tribe has jurisdiction.
EFFECTIVE DATE: July 25, 1996.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing this source category-limited interim
approval are available for inspection during normal business hours at
the following location:
EPA, Region 6, Permits Section (6PD-R), 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733.
TNRC
C, Office of Air Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: David F. Garcia, Permits Section (6PD-
R), EPA, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733, telephone (214) 665-7217.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Clean Air Act (the Act), and implementing regulations at 40 CFR
part 70 require that States develop and submit Operating Permits
programs to EPA by November 15, 1993, and that EPA act to approve or
disapprove each program within one year after receiving the submittal.
The EPA's program review occurs pursuant to section 502 of the Act and
the part 70 regulations, which together outline criteria for approval
or disapproval. Where a program substantially, but not fully, meets the
requirements of part 70, EPA may grant the program interim approval for
a period of up to two years. If EPA has not fully approved a program by
two years after November 15, 1993, or by the end of an interim program,
it must establish and implement a Federal program.
On June 7, 1995, EPA proposed source category-limited interim
approval of the Operating Permits program for the State of Texas. See
60 FR 30037 (June 7, 1995). The EPA received comments on the proposal
and compiled an updated Technical Support Document which describes the
Operating Permits program in greater detail. In this document, EPA is
taking final action to promulgate source category-limited interim
approval of the Operating Permits program for the State of Texas.
II. Final Action and Implications
A. Analysis of State Submission
The Governor of Texas submitted a title V Operating Permits program
for the State of Texas on September 17, 1993, and supplemental
submittals from the Executive Director of TNRCC on October 28, 1993,
and November 12, 1993. The Texas title V Operating Permits program
includes among other things TNRCC Regulation XII, title 30 of the Texas
Administrative Code (TAC) Chapter 122 ``Federal Operating Permits''
(the Texas permit regulation) and TNRCC General Rules, title 30 of TAC,
section 101 (the Texas fee regulation).
The EPA identified and discussed the specific inconsistencies
precluding full approval of the Texas program in the June 7, 1995,
Federal Register document. It is essential that these inconsistencies
be remedied by the State consistent with the Act and part 70 prior to
EPA granting full approval of the State's Operating Permits program.
The State committed to address certain of the identified inconsistences
in a letter dated October 3, 1995, in a manner sufficient to satisfy
EPA concerns. The State in the October 3, 1995, letter agreed to: (1)
Revise section 122.120(4)(A-B) of the Texas permit regulation regarding
source applicability; (2) revise section 122.010 of the Texas permit
regulation to make the Texas definition of ``air pollutant'' consistent
with part 70, as it relates to regulated air pollutant; (3) revise
section 122.010 of the Texas permit regulation to make the definition
of ``site'' consistent with part 70, as it relates to research and
development activities; (4) revise section 122.132 of the Texas permit
regulation in regard to compliance schedule requirements; (5) revise
section 122.211 of the Texas permit regulation to require ``similar''
changes allowed under an Administrative Amendment to be approved by
EPA; and (6) revise section 122.202 of the Texas permit regulation as
it relates to General Permits. These particular rules will be
acceptable for full approval if the State makes the changes in its
rules as specified in the letter. Also, the State's criminal
enforcement provisions meet title V and part 70. The EPA proposed in
the June 7, 1995, notice to accept that these criminal enforcement
statutory provisions satisfied the intent of part 70 and solicited
comments. No adverse comments were received. The EPA's position is that
the State's criminal enforcement provisions are acceptable for both
interim and full approval.
During the State's process to revise the Operating Permit
regulation for full title V approval, EPA will comment based on the
part 70 rule in place at the time. In the action on the State's
submittal for full approval, EPA will use the criteria in whatever is
the final part 70 regulation, whether it be the existing July 21, 1992,
regulation or a later version (part 70).
B. Response to Comments
The EPA received three comment letters (including one from TNRCC)
during the 30-day public comment period held on the proposed interim
approval of the Texas program. The commenters requested a 90-day
extension of the public comment period based on interest to reevaluate
the Texas title V program and submit a plan with a redesigned Texas
title V program. The EPA extended the comment period until October 5,
1995, in a Federal Register notice published August 4, 1995. Comments
were received from 27 parties during the extended period. Below is
EPA's response to comments received on the proposed source category-
limited interim approval for the Texas Operating Permits program.
1. Comment 1--All the comments received unanimously suggested EPA
delay and/or defer final approval of the Texas interim program until
such time as TNRCC is able to submit a revised Regulation XII and
program submittal.
EPA Response--The EPA cannot ``delay and/or defer'' an action on a
pending title V program submittal. However, in addition to preparing a
Response to Comments and a Federal
[[Page 32694]]
Register notice after the end of the comment period in October, EPA
also met with TNRCC a number of times to discuss possible significant
changes to the State's program design. Thus, EPA tried to accommodate
the State and industry's wishes to submit a revised program design and
yet meet its own obligation to move forward on the pending program
submittal. The EPA has expressed fundamental concerns regarding the
approvability of such significant changes to the existing program
design. Mary Nichols, Assistant Administrator for the Office of Air and
Radiation, sent a letter, dated February 7, 1996, to Mr. Barry McBee,
Chairman of TNRCC, which outlined EPA's broad concern with such a
program redesign as presented to EPA in discussion meetings. A copy of
the letter has been placed in the docket and is available for public
review.
During this same timeframe, EPA reviewed and drafted a detailed
response to comments received during the public comment period. In
addition, EPA continued working on promulgation of part 71, the Federal
operating permit rule. After the promulgation of the part 71 rule,
States such as Texas without an approved program will be subject to a
part 71 program. This rule is expected to be finalized and made
effective in the summer of 1996. On March 14, 1996, EPA then received a
request from Texas to proceed expeditiously with a final action on the
June 7, 1995, proposal.
2. Comment 2--A commenter noted that EPA cannot impose the three
conditions stated in the August 29, 1994, proposal for Operating
Permits Programs Interim Approval Criteria until that action is
promulgated. That proposal would revise part 70 to allow interim
approval for States such as Texas whose programs do not provide for
permits to incorporate all requirements established through an EPA-
approved minor new source review (MNSR) program. The EPA proposed at 60
FR 30039 three conditions a State must meet in order to be eligible for
interim approval. Texas must: (1) include in each operating permit
issued during the interim approval period, a statement that MNSR
requirements are not included; (2) include a cross-reference in each
operating permit to the MNSR permit for that source; and (3) require
reopening of permits for incorporation of MNSR permit conditions upon
completion of the interim approval period.
EPA Response--The EPA agrees, and the August 29, 1994, proposal for
Operating Permits Programs Interim Approval Criteria was finalized on
June 20, 1996.
3. Comment 3--A commenter said that all companies cannot meet the
three proposed conditions outlined in the August 29, 1994, Federal
Register notice as previously discussed in comment 2. The concern is
that EPA is assuming companies can list modifications found in State
MNSR permits made years before, and cross-reference the modification in
the MNSR permit with then-applicable enabling authority.
EPA Response--The EPA does not agree with the comment. Facilities
that emit air pollutants are required to obtain and maintain the
appropriate new source review authorization whether it is a major or
MNSR permit. Due to these requirements, EPA believes that companies
will be able to list and cross reference MNSR permits modifications
made in the past. Where adequate company records do not exist, the
facility may use State records. Where no company or State records
exist, the facility must take steps to obtain the required permit and
may be subject to appropriate enforcement action.
4. Comment 4--A commenter requested that the negative applicability
requirement be eliminated for ``tier 3 permits.'' Only applicable
requirements should be addressed in the application; no negative
applicability requirements are necessary.
EPA Response--The EPA does not consider this comment relevant to
this action. The TNRCC has not adopted a permitting program that
includes ``tier 3 permits,'' nor has such a proposal been submitted for
EPA approval.
5. Comment 5--The State commented that it does not agree with EPA
that MNSR should be considered an ``applicable requirement'' under part
70. Should EPA determine MNSR to be an applicable requirement in the
final part 70 rule, the State requested EPA allow it to use the
``program substitution'' concept presented in its comments on the EPA's
August 29, 1994, proposed rulemaking.
EPA Response--The EPA does not agree with the State's comment.
First, it continues to be the EPA's position that MNSR is an applicable
requirement. Since July 21, 1992, in the promulgated rules which define
the minimum elements of an approvable State Operating Permits program,
EPA has interpreted the Federal definition of ``applicable
requirement'' to include terms and conditions of ``any preconstruction
permits issued pursuant to regulations approved or promulgated through
rulemaking under title I.'' Such permits include all MNSR permits.
While the exclusion of certain MNSR provisions may be allowed under
interim approval of the program, for full program approval, the State
program must provide permits that include all MNSR permits.
Second, the State can use its ``program substitution'' concept as
long as it meets all requirements of title V, including requirements
for annual and initial compliance certification, the EPA veto,
compliance plans and schedules, six month reporting, and prompt
reporting of deviations. The Texas ``program substitution'' concept as
presented to EPA does not meet title V and part 70. Furthermore, in the
area of compliance for all part 70 permits, EPA believes that
compliance certification places the burden of proof on the source, not
on the permitting agency, for certifying compliance with all applicable
requirements. It is EPA's position the burden of proof is placed on the
source since the Texas permit regulation 122.132(b)(1) requires the
responsible official of a source, not of the permitting agency, to sign
the compliance documents.
6. Comment 6--The conditions on permits issued during the interim
approval period were proposed in the August 1994 proposal for programs
that do not require MNSR changes to be incorporated in the operating
permit as applicable requirements. These conditions were subsequently
addressed in the June 7, 1995, proposal, and were commented on by the
State. The State proposes to: (a) Include in each operating permit a
standardized permit provision stating ``Preconstruction authorizations
including permits, standard permits, flexible permit, special permits,
or special exemptions which are referenced in this permit will only be
enforced under Regulation VI''; (b) use the permit form entitled
``Preconstruction Authorization References'' for cross referencing; and
(c) if MNSR is determined to be an applicable requirement in the final
part 70 rule, the TNRCC staff will propose to use the ``program
substitution'' concept.
EPA Response--The final regulation revising the interim approval
criteria (Operating Permits Program Interim Approval Criteria) requires
any operating permit issued during an interim approval meet certain
conditions if the permit does not incorporate minor New Source Review
(MNSR) requirements. These conditions are:
(1) Each permit must state that MNSR requirements are not
incorporated.
(2) Each permit must provide a cross reference, such as a listing
of the permit number, for each MNSR permit
[[Page 32695]]
containing an excluded minor NSR term.
(3) The State must reopen or use a substantially equivalent
revision process to incorporate any excluded MNSR applicable
requirements into each operating permit prior to or upon program
transition to full approval.
(4) Each permit must indicate how citizens may obtain access to
excluded MNSR permits.
(5) Each permit must state that the MNSR requirements which are
excluded are not eligible for the permit shield under section 70.6(f).
The State's comment in (a) above indicates that the title V permit
will reference NSR permit actions as enforceable under Regulation VI.
The EPA does not agree this response satisfies criterion (1) above.
This provision must be revised to state that MNSR requirements are not
incorporated in each operating permit issued during the interim
approval period. Additionally, the State must be quite clear in any
standardized permit provision that all its major ``preconstruction
authorizations including permits, standard permits, flexible permit,
special permits, or special exemptions'' are incorporated by reference
into the operating permit as if fully set forth therein and therefore
enforceable under regulation XII (the Texas operating permit
regulation) as well as regulation VI (the Texas preconstruction permit
regulation). As noted in (b) above of the comment, the State plans to
use the ``Preconstruction Authorization Reference'' form. This form
must list all MNSR authorizations (permit number) for each minor
emission unit not being incorporated into the operating permit. This
reference form which is part of the permit application and permit will
adequately meet criterion (2). Criterion (3) requires the State to
reopen/revise permits for incorporation of MNSR permit conditions prior
to or upon full program approval. As noted in (c) above, the State
proposes to use its ``program substitution'' concept. The EPA believes
that this concept is acceptable as long as each permit issued during
the interim period is revised to meet all requirements of title V,
including requirements for annual and initial compliance certification,
the EPA veto, compliance plans and schedules, six month reporting, and
prompt reporting of deviations.
The State must also ensure that the additional conditions of the
final interim approval criteria rule, not addressed in its comments,
are met during the interim period. As noted in (4) above, the State
must indicate in the operating permit how citizens may obtain access to
excluded MNSR permits. Finally, criterion (5) requires the State to
document in the title V permit that excluded minor MNSR terms are not
eligible for the permit shield under section 70.6(f).
7. Comment 7--The State proposes to revise section 122.120(4)(C),
pertaining to Applicability, to state ``any area source, in a source
category designated by the Administrator'' shall obtain an operating
permit. The TNRCC believes this revision to the Texas permit regulation
is consistent with 40 CFR 70.3(a). The TNRCC believes this suggested
revision to the Texas permit regulation corrects the deficiency
identified by EPA in the June 1995 Federal Register and makes section
122.120(4)(C) consistent with 40 CFR 70.3(a).
EPA Response--The EPA does not agree with TNRCC's comment. The
proposed language restricts the Administrator to only ``area sources''
for designation to title V permitting. Pursuant to 40 CFR 70.3(a), the
Administrator may designate a number of different types of sources
other than area sources subject to title V permitting. As a condition
for full approval, TNRCC must revise section 122.120(4)(C) to be
consistent with 40 CFR 70.3(a).
8. Comment 8--The State commented that until a final part 70 and
section 302(j) rulemaking become final they do not plan to correct the
identified deficiency requiring the definition of ``major source'' to
be revised to require the inclusion of fugitive emissions for source
categories regulated under section 111 or 112 of the Act. Specifically,
in the State's definition, source category xxvii only applies to ``any
other stationary source category which as of August 7, 1980, is being
regulated under section 111 or 112 of the Act.''
EPA Response--Currently, part 70 requires fugitive emissions to be
counted for all sources subject to section 111 and 112 standards, and
does not limit the stationary source categories to those which existed
as of August 7, 1980. However, the August 29, 1994, part 70 proposed
revisions and the August 31, 1995, supplemental part 70 proposal, if
finalized, would not include fugitive emissions for source categories
subject to section 111 or section 112 standards which were promulgated
after August 7, 1980. The August 31, 1995, supplemental proposal
further requires the Administrator to make an affirmative determination
under section 302(j). For full approval, the State must revise the
Texas permit regulation to be consistent with part 70.
9. Comment 9--The State defines in the Texas permit regulation and
also requests that the EPA define ``title I modification'' to include
only prevention of significant deterioration, nonattainment, new source
performance standard and section 112(g) modifications. The State does
not propose to change their definition which was identified by EPA as a
deficiency in the June 1995 Federal Register notice until this issue
has been resolved definitively and is defined in the final part 70.
EPA Response--The EPA has proposed to define ``title I
modification'' in the August 31, 1995, Operating Permits program and
Federal Operating Permits program, proposed rule. The EPA proposed to
define title I modification to mean any modification under part C and D
of title I or sections 111(a)(4), 112(a)(5), or 112(g) of the Act and
regulations promulgated pursuant to Sec. 61.07 of part 61. If the
definition of ``title I modification'' is finalized as proposed in the
August 31, 1995, proposed rule, the State's definition of ``title I
modification'' would be consistent with part 70. If the definition of
``title I modification'' is changed from that proposed in the August
31, 1995, proposed rule to include MNSR changes, the State must revise
the Texas permit regulation to be consistent with part 70.
10. Comment 10--The State does not agree to revise section 122.138
of the Texas permit regulation as it relates to the application shield
for significant modifications at this time. Instead, this section will
be revised when part 70 becomes final and the issue is resolved
definitively.
EPA Response--The EPA does not agree with this comment. For full
approval, the Texas permit regulation must be revised with whatever is
the final part 70 regulation, whether it be the existing July 21, 1992,
regulation or a later version at the time a corrected program is
submitted. However, EPA cannot approve a State program based on
revisions to part 70 that have not been finalized.
11. Comment 11--The State provided comments on the permit revisions
process. In regard to permit additions (section 122.215) and off-permit
(section 122.215), TNRCC does not propose to change existing language
in the Texas permit regulation to correct the identified deficiencies
until part 70 becomes final and these issues are resolved definitively.
EPA Response--In order to receive full program approval, the State
must
[[Page 32696]]
revise its rules to be consistent with part 70, in accordance with
whatever is the final part 70 regulation, whether it be the existing
July 21, 1992, regulation or a later version at the time a corrected
program is submitted. However, EPA cannot approve a State program based
on revisions to part 70 that have not been finalized.
12. Comment 12--The State proposes not to further define section
502(b)(10) as it relates to the operational flexibility provisions in
section 122.221 of the Texas permit regulation.
EPA Response--In order to receive full program approval, the State
must revise its rules to be consistent with part 70, in accordance with
whatever is the final part 70 regulation, whether it be the existing
July 21, 1992, regulation or a later version at the time a corrected
program is submitted. However, EPA cannot approve a State program based
on revisions to part 70 that have not been finalized.
13. Comment 13--The State disagrees with the EPA-identified
deficiency that the public notification for an operating permit should
include such information as the emission changes from any modification.
The State believes section 122.153 of the Texas permit regulation does
not include this requirement because its program should not be based on
emission changes.
EPA Response--The EPA disagrees with this comment. The EPA
specifies in 40 CFR 70.7(h)(2) the information that the public notice
must include. For full program approval, the State must include the
emissions change involved in any permit modification.
14. Comment 14--The State commented that fugitive emissions from
units without applicable requirements need not be quantified in permit
applications, especially if the source declares that it has major
status.
EPA Response--The EPA agrees with a portion of the comment. On July
10, 1995, EPA released White Paper I from Lydia Wegman, Deputy Director
for the Office of Air Quality Planning and Standards. A copy of this
guidance document has been placed in the docket and is available for
public review. Under section B.2. ``Required Emission Information and
Source Descriptions'' of White Paper I, for fugitive emissions that are
not subject to any applicable requirements, the source would be
required to provide a general description of the emission units and
their emissions in the application. However, fugitive emissions from
units covered by an applicable requirement need to be quantified. For
full approval, the Texas permit regulation must be revised to reflect
this position.
15. Comment 15--The State commented that section 122.122 (relating
to establishment of federally enforceable restrictions on potential to
emit) of the Texas permit regulation serves as an acceptable
certification process for grandfathered sites who choose to limit their
potential to emit under the Operating Permit program. The State also
has concerns regarding the January 25, 1995, guidance memorandum which,
among other things, announced the availability of a two-year transition
period during which a State could give sources additional options for
seeking federally enforceable limitations on potential to emit. The
time period allotted--January 25, 1995, through January 25, 1997--may
not be adequate given the expected delay of the part 70 rule and
approval of the Texas Operating Permits program. Therefore, the State
requests EPA to extend the transition period for two years following
interim approval of the Texas program.
EPA Response--The EPA will consider this request to extend the
transition period for two years after interim approval for States such
as Texas. However, this issue is not being addressed in this document.
This issue will be addressed in EPA guidance and/or memorandum at a
later date. The EPA is not addressing here whether section 122.122 of
the Texas permit regulation is acceptable for purposes of limiting
potential to emit other than during the transition period.
16. Comment 16--The State believes that the notice of emergency
required in section 70.6(g)(3)(iv) is satisfied in the TNRCC General
Rules, section 101.6 and therefore does not agree with EPA that there
is a deficiency for full approval. Section 101.6 has two opportunities
to submit information to the State. First, the occurrence of a major
upset must be reported to the agency as soon as possible. If a company
does not have all the information available at the time of the initial
notification, then a second report is to be submitted within two weeks
of the upset.
EPA Response--The EPA does not agree with this comment. The State's
allowance of time for agency notification is inconsistent with the part
70 regulation. The part 70 regulation, at section 70.6(g)(3), requires
the permittee to submit notice of the emergency to the permitting
authority within two working days. For full approval, the Texas permit
regulation must be consistent with part 70.
17. Comment 17--The State commented that the Texas Legislature
convenes every two years and approves the TNRCC budget for two-year
periods only. Therefore, the State is unable to provide a four year
estimate of the permit program cost, as required in the June 1995
Federal Register notice for full approval, but will continue to provide
budgetary information when it becomes available.
EPA Response--The EPA disagrees with this comment. Pursuant to 40
CFR 70.4(b)(8), the State must include in the fee demonstration an
estimate of the permit program cost for the first four years after
approval and a plan detailing how the State plans to cover these costs.
The EPA is not requiring a budgetary allowance from the Legislature,
but instead a projected estimate of the permit program cost.
18. Comment 18--The State provided in the October 3 letter a
response to EPA regarding the requirements for interim authorization to
clarify the ambiguity of section 122.145(e)--the ``interpretation
shield''. The response is:
(a) Interpretations made pursuant to section 122.145(e) will be
limited to whether and how a rule applies to a specific unit.
(b) The EPA has the ability to order TNRCC to reopen a permit in
the event EPA guidance becomes available after a permit or revision is
issued. Further, because each interpretation will be a provision of the
permit, it will be subject to EPA review and veto during the EPA 45-day
review period as provided by the revision section of the Texas
regulation.
(c) The State will develop guidance documents to assure proper
applicability determinations for each applicable requirement. All
interpretations will be based on the most current information
available, including guidance already received from EPA. The State will
request EPA's input prior to the development of the guidance documents.
EPA Response--The EPA agrees with TNRCC's comments for interim
approval issues. However, for full approval the State must revise the
Texas permit regulation in accordance to the June 7, 1995, Federal
Register notice.
C. Statutory Changes Enacted After the Submittal of the State Program
Significant changes to Texas laws were made by the Texas
Legislature in 1995. These statutory changes raise issues of concern
which the State must address before full approval for title V can be
granted. The State has the obligation to address all the relevant,
recently enacted laws and demonstrate how they meet title V and part
70.
This final agency action today does not waive the EPA's right to
raise statutory concerns and any attendant
[[Page 32697]]
regulatory revisions the EPA deems necessary to the State and identify
inconsistencies with those legislative changes which must be corrected
for full approval. The EPA will present its position on the laws to
TNRCC prior to the Texas 1997 legislative session, during TNRCC's
corrective rulemaking process, and in its FRN proposing action on the
State's submittal for full approval. Therefore, interested parties will
have full opportunity to comment on the merits of the EPA's positions
on the acceptability of the Texas 1995 laws (such as the Texas Senate
Bill 14, ``Takings Impact Assessment,'' among others) for full title V
program approval. The following is a specific discussion on the new
audit and standing laws.
On May 23, 1995, Texas enacted House Bill 2473, the Texas
Environmental, Health, and Safety Audit Privilege Act (the Audit
Privilege Act) creating an immunity from civil, administrative, and
criminal penalties for environmental violations discovered through an
audit as defined by the Act. The Audit Privilege Act also created a
privilege for information associated with audits which prohibits their
disclosure in administrative, civil, or criminal actions for violations
of environmental law. The EPA has reviewed the Audit Privilege Act, in
light of Clean Air Act requirements, title V delegation requirements
set forth in 40 CFR Part 70, and guidelines for full title V approval
issued jointly by the Office of Enforcement and Compliance Assurance
and the Office of Air and Radiation dated April 5, 1996, entitled
``Effect of Audit/Immunity Privilege Laws on States' Ability to Enforce
Title V Requirements'', referred to below as the ``Guidelines''. A copy
of the document has been placed in the docket and is available for
public review. The EPA is concerned that the Audit Privilege Act may
extend penalty immunity to facilities which commit repeat violations
and violations which may cause harm to human health and the
environment, and makes no provision for recoupment of penalties for
economic benefit. Section 113(e) of the Clean Air Act specifically
enumerates these three factors (among others) for consideration in
assessing civil penalties. To the extent that the Audit Privilege Act
provides immunity from civil penalties that does not permit
consideration of these factors, appropriate civil penalties cannot be
assessed by a state. It is clear, pursuant to the Guidelines, that EPA
should not approve state title V programs in states where civil penalty
immunity is granted to violators without consideration of compliance
history, harm or risk of harm, and economic benefit.
The EPA is also concerned that the Audit Privilege Act may prevent
the State from obtaining appropriate criminal penalties. Evidence
necessary to prove that a crime has been committed may be protected by
privilege which may inhibit or prevent the State from assessing
appropriate criminal penalties. The State must demonstrate that it has
the ability to obtain appropriate criminal penalties where an audit
report reveals evidence of prior criminal conduct on the part of
managers or employees. Another problematic aspect of the Audit
Privilege Act is the disparity between its provisions limiting
disclosure of audit report information by employees and others, and the
Clean Air Act Sections 113 and 322 which specifically protect
whistleblowers from retaliation and provide awards for persons who
furnish information that leads to a criminal conviction or civil
penalty. The Texas Audit Privilege Act does not, by its terms, create
or impose special sanctions on informants, but it asserts that a
``Party to a confidentiality agreement . . . who violates that
agreement is liable for damages caused by the disclosure. . . '' In
addition, sanctions are created with regard to government officials who
disclose privileged information. Pursuant to the Guidelines, EPA is
concerned that both of these provisions may have a negative impact on
disclosures well beyond the intended reach of the privilege.
Confidential informants are an important source of leads for state and
federal enforcement programs.
The above analysis of the Audit Privilege Act is intended to be
illustrative and does not preclude EPA from raising additional issues
of concern. The analysis is solely limited to title V of the Act and
does not relate to any other environmental program. As noted
previously, all interested parties will have opportunity to comment on
the acceptability of this law for full title V approval.
The Act authorizes States to implement title V Operating Permit
programs in section 502(d). The statute also sets forth the minimum
elements of a State permit program, including the requirement that the
permitting authority have adequate authority to assure that sources
comply with all applicable Act requirements, as well as authority to
enforce permits, including recovering minimum civil penalties and
appropriate criminal penalties, Sec. 502(b)(5) (A) and (E). Pursuant to
title V, EPA promulgated regulations specifying the minimum required
elements of State Operating Permit programs, found at 40 CFR Part 70.
These regulations explicitly require States to have certain enforcement
authorities, including authority to seek injunctive relief to enjoin a
violation, to bring suit to restrain persons where a facility is posing
an imminent and substantial endangerment to public health or welfare,
and suit to recover appropriate criminal and civil penalties. Section
113(e) of the Act sets forth penalty factors for EPA or a court to
consider in assessing penalties for civil or criminal violations of the
Act, factors which necessarily apply to penalties for violations of
title V permits. The EPA is concerned about the potential impact of
some State audit privilege and immunity laws on the ability of the
States to enforce Federal requirements, including those under title V
of the Act. Upon review and consideration of the statutory and
regulatory provisions discussed above, EPA issued guidance on April 5,
1996, entitled ``Effect of Audit Immunity/Privilege Laws on States'
Ability to Enforce Title V Requirements.'' This guidance outlines
certain elements of the State audit immunity and privilege laws which,
in EPA's view, may so hamper the State's ability to enforce as to
render the Agency unable to delegate the title V Operating Permit
program. The guidance is consistent with EPA's audit policy,
``Incentives for Self-Policing: Discovery, Disclosure, Correction and
Prevention of Violations'' (60 FR 246, December 22, 1995).
Section 502(b)(6) of the Act requires an approvable State title V
program to include an opportunity for judicial review in State court of
the final permit action by the applicant, any person who participated
in the public comment process, and any other person who could obtain
judicial review under applicable law. The EPA interprets the statute to
require, at a minimum, that States provide judicial review of
permitting decisions to any person who would have standing under
Article III of the United States Constitution. See 59 FR 31183 (June
17, 1994). In the 1993 program submittal, Texas included an Attorney
General (AG) Opinion which set forth State laws and court decisions and
certified that Texas State laws on standing were no narrower than the
Federal ones under Article III. Since the time of the submittal in
November 1993, the Texas State Legislature met in January 1995 and
adopted revisions to the existing standing law (Senate Bill 1546, an
Act relating to persons affected by matters in hearings before the
Texas Natural Resource Conservation
[[Page 32698]]
Commission). The bill was enacted on June 16, 1995, and became
effective September 1, 1995.
On the bill's face, it does not impact standing in a title V
permitting decision. This is because the bill applies only to those
State administrative actions requiring an evidentiary hearing. The bill
on its face does not apply to State administrative actions subject to a
legislative hearing (presentation of comments with no right to cross-
examination). Title V permit decisions are only required to be subject
to a legislative hearing. Nevertheless, since there had been a change
which could possibly impact the judicial review of title V permit
decisions, EPA required the State to provide an Attorney General
Opinion setting forth all laws and court decisions issued since the
1993 Opinion and recertifying that State laws on standing were still no
narrower than the Federal ones.
This Opinion was submitted on May 6, 1996. In addition, EPA
required the General Counsel and the Executive Director to submit a
letter committing to implementing a permitting process that provides
for a standing test no narrower than the Federal one. The letter also
describes in greater detail the public participation process which is
outlined in sections 122.150 to 122.155 and sections 122.310 to 122.316
of Regulation XII. This letter was submitted on May 6, 1996.
The EPA received on March 18, 1996, a Petition to Reopen the
Comment Period for Texas Application for Delegation of title V Programs
under the CAA. The Petition was submitted on behalf of the Sierra Club,
the Environmental Defense Fund, Galveston-Houston Area Smog Prevention,
and Clean Water Action. The Request to Reopen was specifically on the
standing issue. The Petitioners requested EPA to require that a new
certification be submitted by the Texas Attorney General. The Opinion
should address the legislation passed in 1995 and all court opinions
issued since the 1993 Attorney General's Opinion. The EPA was urged to
obtain an explanation from the Attorney General's (AG) office of its
actual positions and to obtain a written commitment from the AG to take
a position in future TNRCC appeals that the Federal test be used. They
also asked EPA to require TNRCC to promulgate rules that define the
term ``person who may be affected'' (the term used in the Texas title V
regulations for a person who may request a hearing and therefore has
the right to appeal a title V permit decision). They also asked that
the rules explain how and when TNRCC will give public notice, how and
when TNRCC will respond to comments, and how and when TNRCC will
provide new notice and an opportunity for comments when the application
or proposed permit is changed significantly because of public input.
The EPA believes that the above concerns of the Petitioners have
already been addressed by EPA's requiring a revised Attorney General's
Opinion and the TNRCC letter. Although EPA did not request the State to
address the above issues in exactly the same manner as requested by
Petitioners, EPA does believe that all the concerns have been addressed
satisfactorily. Therefore, it is EPA's position that the Petition to
Reopen the Standing Issue has been rendered moot.
A Motion to Deny the Petition was filed April 9, 1996, on behalf of
the Texas title V Planning Committee. Movants pleaded that the comment
period of 120 days should be sufficient and that it has been over five
months since that lengthy comment period ended. They also disagree that
any of the information is new and that reopening of the comment period
would be prejudicial to the commenters that prepared and submitted
their comments under the October 5, 1995, deadline. Nevertheless, if
EPA decides to consider the Petitioners' allegations either officially
or unofficially, they ask that they be notified and provided an
opportunity to respond to the merits of the Petition. The EPA again
believes that the Motion to Deny the Petition has been rendered moot by
EPA's earlier actions of requiring a revised AG Opinion and a TNRCC
letter.
Both Petitioner and Movant will have the opportunity to provide
their comments on the merits of EPA's positions on the laws enacted in
the 1995 legislative session during the 1997 legislative session, the
TNRCC's corrective rulemaking public comment period, and EPA's comment
period on the corrective Texas title V program submittal.
Petitioners raised another issue of concern but did not
specifically request a reopening of the comment period on it. The issue
concerned TNRCC's laws and procedures governing public availability of
emissions data. This area will be reviewed by EPA during the State's
rulemaking process, and EPA will determine if rule revisions and/or a
Program Implementation Agreement specific to confidentiality are
necessary for full approval.
D. Final Action
The EPA is promulgating source category-limited interim approval of
the Operating Permits program submitted by the State on September 17,
1993, and supplemental submittals on October 28, 1993, and November 12,
1993. The submittals have been reviewed for adequacy to meet the
requirements of 40 CFR part 70. The results of this review are included
in the updated technical support document, which will be available in
the docket in the locations noted above. The submittal has adequately
addressed all 11 elements required for interim approval as discussed in
part 70. However, there are inconsistencies between the submittal and
the part 70 regulations which have been generally discussed in this
notice and are described in greater detail in the June 7, 1995, notice.
These inconsistencies involve the Texas permit regulation and program
implementation particularly with regard to applicability, permit
application requirements, and permit issuance and revisions. It is
essential that all the inconsistencies specifically identified in the
June 7, 1995, notice be remedied by the State prior to EPA granting
full approval of the State's Operating Permits program.
The part 70 revisions are projected to be promulgated in the fall
of 1996. These revisions may in some respects be used as the criteria
for granting full approval and may require the State to make regulatory
and statutory changes.
The scope of the Texas part 70 program approved in this notice
applies to all part 70 sources (as defined in the approved program)
within the State of Texas, except any sources of air pollution over
which an indian tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-
55818 (November 9, 1994). The term ``indian tribe'' is defined under
the Act as ``any indian tribe, band, nation, or other organized group
or community, including any Alaska Native village, which is Federally
recognized as eligible for the special programs and services provided
by the United States to indians because of their status as indians.''
See section 302(r) of the CAA; see also 59 FR 43956, 43962 (August 25,
1994); 58 FR 54364 (October 21, 1993).
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a program for delegation
of section 112 standards as promulgated by EPA as they apply to part 70
sources. Section 112(l)(5) requires that the State's program contain
adequate authorities, adequate resources for implementation, and an
expeditious compliance schedule, which are also requirements under part
70. Therefore, EPA is also promulgating approval under section
112(l)(5) and 40 CFR 63.91 of the State's program for receiving
delegation of
[[Page 32699]]
section 112 standards that are unchanged from Federal standards as
promulgated. This program for delegations only applies to sources
covered by the part 70 program.
This interim approval, which may not be renewed, extends until July
27, 1998. During this interim approval period, the State of Texas is
protected from sanctions, and EPA is not obligated to promulgate,
administer, and enforce a Federal Operating Permits program in the
State of Texas. Permits issued under a program with source category-
limited interim approval have full standing with respect to part 70,
and the one year time period for submittal of permit applications by
subject sources begins upon the effective date of this interim
approval. The State's transition schedule requires the State to take
final action on applications for 400 sites each of the first two years,
1,000 sites the third year, and 600 sites each of the last two years.
If Texas fails to submit a complete corrective program for full
approval by January 26, 1998, EPA will start an 18-month clock for
mandatory sanctions. If Texas then fails to submit a corrective program
that EPA finds complete before the expiration of that 18-month period,
EPA will apply sanctions as required by section 502(d)(2) of the Act,
which will remain in effect until EPA determines that the State of
Texas has corrected the deficiency by submitting a complete corrective
program.
If EPA disapproves Texas' complete corrective program, EPA will
apply sanctions as required by section 502(d)(2) on the date 18 months
after the effective date of the disapproval, unless prior to that date
Texas has submitted a revised program and EPA has determined that it
corrected the deficiencies that prompted the disapproval.
In addition, discretionary sanctions may be applied where warranted
any time after the expiration of an interim approval period if the
State of Texas has not timely submitted a complete corrective program
or EPA has disapproved its submitted corrective program. Moreover, if
EPA has not granted full approval to the Texas program by the
expiration of this interim approval and that expiration occurs after
November 15, 1995, EPA must promulgate, administer, and enforce a
Federal permits program for the State of Texas upon interim approval
expiration.
III. Administrative Requirements
A. Docket
Copies of the State's submittal, other information relied upon for
the final source category-limited interim approval, including the 27
public comment letters received and reviewed by EPA on the proposal,
and information referenced in this notice, are contained in docket
number OPP-7-9-1 maintained at the EPA Regional Office. The docket is
an organized and complete file of all the information submitted to, or
otherwise considered by, EPA in the development of this final source
category-limited interim approval. The docket is available for public
inspection at the location listed under the ADDRESSES section of this
document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address Operating Permits programs
submitted to satisfy the requirements of 40 CFR part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
D. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate; or to the private sector, of $100
million or more. Under Section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new Federal requirements. Accordingly, no additional costs
to State, local, or tribal governments, or to the private sector,
result from this action.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: June 13, 1996.
Jane N. Saginaw,
Regional Administrator (6RA).
Part 70, title 40 of the Code of Federal Regulations, is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding the entry for the
State of Texas in alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Texas
(a) The TNRCC submitted its Operating Permits program on
September 17, 1993, and supplemental submittals on October 28, 1993,
and November 12, 1993, for approval. Source category-limited interim
approval is effective on July 25, 1996. Interim approval will expire
July 27, 1998. The scope of the approval of the Texas part 70
program excludes all sources of air pollution over which an Indian
Tribe has jurisdiction.
(b) (Reserved)
* * * * *
[FR Doc. 96-16126 Filed 6-24-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16125 Final Authorization of State Hazardous Waste Management Program: Nebraska
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32699-32702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16125]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5524-9]
Final Authorization of State Hazardous Waste Management Program:
Nebraska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Nebraska has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act of 1976 as amended (hereinafter RCRA). Nebraska's
revisions consist of provisions contained in rules promulgated between
July 1, 1985 and June 30, 1990, otherwise known as Non-
[[Page 32700]]
HSWA Cluster II and III; and HSWA Cluster I and II. These requirements
are listed in Section B of this document. The EPA has reviewed
Nebraska's application and has made a decision, subject to public
review and comment, that Nebraska's hazardous waste program revisions
satisfy all of the requirements necessary to qualify for final
authorization. Thus, the EPA intends to approve Nebraska's hazardous
waste program revisions, subject to authority retained by the EPA under
the Hazardous and Solid Waste Amendments of 1984 (hereinafter HSWA).
Nebraska's application for program revision is available for public
review and comment.
DATES: Effective Dates: Final authorization for Nebraska shall be
effective August 26, 1996, unless the EPA publishes a prior Federal
Register action withdrawing this immediate final rule. All comments on
Nebraska's program revision application must be received by the close
of business July 25, 1996.
ADDRESSES: Written comments should be sent to Ms. Pat Price, Iowa RCRA
& State Programs Branch, U.S. Environmental Protection Agency, 726
Minnesota Avenue, Kansas City, Kansas 66101, Phone (913/551-7592).
Copies of the Nebraska program revision application are available for
inspection and copying during normal business hours at the following
addresses: Hazardous Waste Section, Nebraska Department of
Environmental Quality, P.O. Box 98922, Lincoln, Nebraska 68509-8922
(402/471-4217); U.S. EPA Headquarters Library, PM 211A, 401 M Street,
S.W., Washington, D.C. 20460 (202/382-5926); U.S. EPA Region 7 Library,
726 Minnesota Avenue, Kansas City, Kansas 66101 (913/551-7241). A copy
of the applicable state statutes and regulations is also available at
the Office of the Federal Register, 1100 L Street, N.W., Room 8401,
Washington, D.C. 20005.
FOR FURTHER INFORMATION CONTACT: Ms. Pat Price, U.S. EPA Region 7, 726
Minnesota Avenue, Kansas City, Kansas 66101, Phone: 913/551-7592.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under 3006(b) of RCRA, 42 U.S.C.
6926(b), have a continuing obligation to maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the federal hazardous waste program. The Hazardous and Solid Waste
Amendments of 1984 (Public Law 98-616, November 8, 1984, hereafter
HSWA) allow states to revise their programs and seek authorization for
program components that are substantially equivalent instead of
equivalent to RCRA requirements promulgated under HSWA authority.
States exercising the latter option receive interim authorization for
the HSWA requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g),
and later apply for final authorization for the HSWA requirements.
In accordance with 40 CFR 271.21, revisions to state hazardous
waste programs are necessary when federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, state program revisions are necessitated by changes to
the EPA's regulations in 40 CFR Parts 124, 260-266, 268, 270, 273 and
279.
B. Nebraska
Nebraska initially received final authorization for its base RCRA
Program effective February 7, 1985 (50 FR 3345, January 24, 1985).
Nebraska received authorization for revisions to its program effective
December 3, 1988 (53 FR 38950, October 4, 1988). Nebraska submitted a
draft application for additional program elements on March 1, 1990, and
a final application on April 13, 1992. Nebraska is seeking approval of
its program revision in accordance with 40 CFR 271.21(b)(3).
The EPA has reviewed Nebraska's application and has made an
immediate final decision that Nebraska's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Consequently, the EPA intends to grant final
authorization for the additional program modifications to Nebraska. The
public may submit written comments on the EPA's immediate final
decision up until July 25, 1996. Copies of Nebraska's application for
program revision are available for inspection and copying at the
locations indicated in the Addresses section of this document.
Approval of the Nebraska program revision shall become effective
sixty (60) days from today, unless an adverse comment pertaining to the
state's revisions discussed in this document is received by the end of
the comment period. If such an adverse comment is received, the EPA
will publish either: (1) a withdrawal of the immediate final decision,
or (2) a document containing a response to comments which either
affirms that the immediate final decision takes effect or reverses the
decision.
On August 26, 1996, Nebraska will be authorized to carry out, in
lieu of the federal program, those provisions of the state's program
which are analogous to the following provisions of the federal program.
------------------------------------------------------------------------
Federal requirement Analogous state authority
------------------------------------------------------------------------
Checklist 26--Listing of Spent Pickle Rule 15 005.
Liquor (K062), May 28, 1986, 51 FR
19320-19322, as amended on September
22, 1986, 51 FR 33612, as amended on
August 3, 1987, 52 FR 28697.
Checklist 27--Liability Coverage; Rules 21 001; 16 022.02B.
Corporate Guarantee, July 11, 1986, 51
FR 25350-25356.
Checklist 28--Standards for Hazardous Rules 1 001; 1 005; 1 013; 1
Waste Storage and Treatment Tank 018; 1 035; 1 054; 1 058; 1
Systems, July 14, 1986, 51 FR 25422- 064; 1 074; 1 075; 1 107; 1
25486, as amended on August 15, 1986, 122; 1 123; 1 131; 5 001.08;
51 FR 29430-29431. 19 004.01; 23 006; 21 001; 16
022.02B; 19 004.01B; 16
005.01; 16 005.03; 16 022.03E.
Checklist 29--Corrections to Listing of Rules 15 006.05; 15 007,
Commercial Chemical Products and Appendix I.
Appendix VIII Constituents, August 6,
1986, 51 FR 28296-28310.
Checklist 31--Exports of Haz. Waste, Rules 6007.03; 7001.03; 18
August 8, 1986, 51 FR 28664-28686. 003.01A; 19 005; 19 007; 17
002.01; 17 003.01; 17 003.03;
17 003.05B; 17 003.06B;
17,003.07.
Checklist 34--Land Disposal Rules Chapter 1; 19 002.04; 20
Restrictions, November 7, 1986, 51 FR 006; 16 022.02B; 16 002.02B;
40572-40654, as amended on June 4, 30 001; 16 005.01; 16 011.030;
1987, 52 FR 21010-21018. 16 011.0301; 16.011.0303; 16
011.0304.
Checklist 36--Closure/Post Closure Care Rule 16 022.02B.
for Interim Status Surface
Impoundments, March 19, 1987, 52 FR
8704-8709.
Checklist 37--Definition of Solid Rules 15 006; 26 003.01A2.
Waste: Technical Corrections, June 5,
1987, 52 FR 21306-21307.
[[Page 32701]]
Checklist 38--Amendments to Part B Rule 16 005.01.
Information Requirements for Disposal
Facilities, June 22, 1987, 52 FR 23477-
23450, as amended on September 9,
1987, 52 FR 33936.
Checklist 39--California List Waste Rules 19 007; 21 001; 16
Restrictions, July 8, 1987, 52 FR 022B.02B; 30 001; 16 001.0301;
25760-25792, as amended on October 27, 16 001.0302; 16 001.0302(a);
1987, 52 FR 41295-41296. 16 011.0302(b); 16 011.03P; 16
011.03P1; 16 011.03P2; 16
011.03P3; 16 022.03E.
Checklist 40--List (Phase 1) of Rules 21 001; 16 005.01.
Hazardous Constituents for Ground-
Water Monitoring, July 9, 1987, 52 FR
25942-25953.
Checklist 41--Identification and Rule 15 006.03.
Listing of Hazardous Waste, July 10,
1987, 52 FR 26012.
Checklist 42--Exception Reporting for Rules 18 003.02A; 18 003.02B;
Small Quantity Generators of Hazardous 18 003.02C; 23 003.07.
Waste, September 23, 1987, 52 FR 35894-
35899.
Checklist 43--Liability Requirements Rules 21 001; 16 022.02B.
for Hazardous Waste Facilities;
Corporate Guarantee, November 18,
1987, 52 FR 44314-44321.
Checklist 44E--Permit as a Shield Rule 16 002.01.
Provision, December 1, 1987, 52 FR
45788-45799.
Checklist 44F--Permit Conditions to Rules 16 008; 16 011.02M.
Protect Human Health and the
Environment, December 1, 1987, 52 FR
45788-45799.
Checklist 44G--Post Closure Permits, Rules 16 001; 16 001.04.
December 1, 1987, 52 FR 45788-45799.
Checklist 45--Hazardous Waste Rules Title 122, Chapter 6,
Miscellaneous Units, December 10, Section 001; 1 061; 1 071; 21
1987, 52 FR 46946-46965. 001; 16 005.01; 16 003.04.
Checklist 46--Technical Corrections; Rules 15 006.05; 15 007,
Identification and Listing of Appendix I.
Hazardous Waste, April 22, 1988, 53 FR
13382-13393.
------------------------------------------------------------------------
The state will assume lead responsibility for issuing permits for
those program areas authorized today. For those HSWA provisions for
which the state is not authorized, the EPA will retain lead
responsibility. For those permits which will now change to state lead
from the EPA, the EPA will transfer copies of any pending applications,
completed permits, or pertinent file information to the state within 30
days of the effective date of this authorization. The EPA will be
responsible for enforcing the terms and conditions of previously
federally issued permits while they remain in force. The EPA will also
be responsible for enforcing the terms and conditions of RCRA permits
regarding HSWA requirements until the state has the authority to
address the HSWA requirements.
The state has agreed to review all state-issued permits and to
modify or reissue them as necessary to require compliance with the
currently approved state law and regulations. When the state reissues
federally issued permits as state permits, the state will take the lead
in enforcing such permits, with the exception of those HSWA
requirements for which the state has not received authorization.
Nebraska is not authorized to operate the Federal Program on Indian
Lands. This authority remains with the EPA unless provided otherwise in
a future statute or regulation.
C. Decision
I conclude that the Nebraska application for program revisions
meets all of the statutory and regulatory requirements established by
RCRA and its amendments. Accordingly, following the public notice and
comment period, Nebraska is hereby granted final authorization to
operate its hazardous waste management program, as revised. Nebraska
now has responsibility for permitting treatment, storage, and disposal
facilities within its borders and carrying out other aspects of the
RCRA program described in its revised program application, subject to
the requirements of HSWA. Nebraska also has primary enforcement
responsibilities, although the EPA retains the right to conduct
inspections under Section 3007 of RCRA and to take enforcement actions
under Sections 3008, 3013 and 7003 of RCRA.
Incorporation by Reference
The EPA incorporates by reference, authorized state programs in 40
CFR Part 272, to provide notice to the public of the scope of the
authorized program in each state. Incorporation by reference of the
Nebraska program will be completed at a later date.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local and tribal
governments and the private sector. Under Section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``federal
mandates'' that may result in expenditures to state, local and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. When a written statement is needed for
an EPA rule, Section 205 of the UMRA generally requires the EPA to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective or least burdensome
alternative that achieves the objectives of the rule. The provisions of
Section 205 do not apply when they are inconsistent with applicable
law. Moreover, Section 205 allows the EPA to adopt an alternative other
than the least costly, most cost effective or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before the EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under Section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, giving them meaningful and timely input in the
development of the EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising them
on compliance with the regulatory requirements. The EPA
[[Page 32702]]
has determined that this rule does not contain a federal mandate that
may result in expenditures of $100 million or more for state, local,
and tribal governments, in the aggregate, or the private sector in any
one year. The EPA does not anticipate that the approval of Nebraska's
hazardous waste program referenced in today's document will result in
annual costs of $100 million or more. The EPA's approval of state
programs generally has a deregulatory effect on the private sector
because once it is determined that a state hazardous waste program
meets the requirements of RCRA Section 3006(b) and the regulations
promulgated thereunder at 40 CFR Part 271, owners and operators of
hazardous waste treatment, storage, or disposal facilities (TSDFs) may
take advantage of the flexibility that an approved state may exercise.
Such flexibility will reduce, not increase, compliance costs for the
private sector. Thus, today's rule is not subject to the requirements
of Sections 202 and 205 of the UMRA. The EPA has determined that this
rule contains no regulatory requirements that might significantly or
uniquely affect small governments. The agency recognizes that small
governments may own and/or operate TSDFs that will become subject to
the requirements of an approved state hazardous waste program. However,
such small governments which own and/or operate TSDFs are already
subject to the requirements in 40 CFR Parts 264, 265 and 270. Once the
EPA authorizes a state to administer its own hazardous waste program
and any revisions to that program, these same small governments will be
able to own and operate their TSDFs with increased levels of
flexibility provided under the approved state program.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain federal regulations in favor of
Nebraska's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the state. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This rulemaking is issued under the authority of
Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act,
as amended (42 U.S.C. 6912(a), 6926, 6974(b)).
Dated: June 11, 1996.
Dennis Grams,
Regional Administrator.
[FR Doc. 96-16125 Filed 6-24-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-16120 Federal Energy Management and Planning Programs; Methodology and Procedures for Life Cycle Cost Analyses
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32647-32651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16120]
=======================================================================
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 436
[Docket No. EE-RM-95-501]
Federal Energy Management and Planning Programs; Methodology and
Procedures for Life Cycle Cost Analyses
AGENCY: Office of Energy Efficiency and Renewable Energy, DOE.
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE) is publishing a final rule to
implement its Federal Energy Management Program to include application
of the life cycle costing methodology when evaluating and comparing the
cost effectiveness of water conservation measures in Federal buildings.
The amendments are directed principally toward updating the life cycle
cost methodology and procedures in subpart A in light of changes in law
requiring the use of life cycle costing methodology when installing
water conservation measures.
EFFECTIVE DATE: This regulation is effective July 25, 1996.
FOR FURTHER INFORMATION CONTACT: Theodore C. Collins, Federal Energy
Management Program, Office of Energy Efficiency and Renewable Energy,
Mail Station EE-92, U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585, (202) 586-8017.
SUPPLEMENTARY INFORMATION:
I. Introduction
On August 25, 1995, DOE published a Notice of Proposed Rulemaking
to amend some of the provisions in 10 CFR part 436 which are applicable
to programs for the management of energy consumption by Federal
agencies (60 FR 44286). The amendments are directed principally toward
updating the life cycle cost methodology and procedures in subpart A in
light of changes in law requiring the use of life cycle costing
methodology when installing water conservation measures.
Section 152 of the Energy Policy Act of 1992 (Pub.L. 102-486)
amended the legislatively mandated policies with regard to federal
energy management originally set forth in section 542 of the National
Energy Conservation Policy Act (Act or NECPA). 42 U.S.C. 8252. This
amendment to section 542 expands the purpose of the Federal Energy
Management Program to include the conservation and the efficient use of
water, in addition to non-renewable energy, by the Federal government.
Section 543 of the Act (42 U.S.C. 8253(a)) ``Energy Management
Goals'' was also amended by section 152 of the Energy Policy Act by
adding an energy management requirement for Federal agencies that ``Not
later than January 1, 2005, each agency shall, to the maximum extent
practicable, install in Federal buildings owned by the United States
all energy and water conservation measures with payback periods of less
than 10 years, as determined by using the methods and procedures
developed pursuant to section 544.'' To implement this statutory
provision, it is necessary to amend the life cycle cost regulations as
set forth in part 436 of the Code of Federal Regulations, pursuant to
section 544 of the Act, so that the life cycle cost methodology and
procedures can be applied to the installation of water conservation
measures which are implemented by Federal agencies to meet the
requirements of the Act.
In response to the Notice of Proposed Rulemaking, DOE received no
written comments and there were no commenters at a public hearing held
on October 12, 1995 in Washington, DC. In view of the above, no changes
have been
[[Page 32648]]
made to the rule proposed on August 25, 1995.
II. Background of the Life Cycle Cost Methodology
On January 23, 1980, DOE published a final Life Cycle Cost rule
(LCC) (45 FR 5620) which established the methodology and procedures for
calculating and comparing the life cycle cost of proposed investments
to upgrade the economic efficiency of Federal buildings through energy
conservation or substitution of renewable energy sources. The LCC rule
was published pursuant to section 381(a)(2) of the Energy Policy and
Conservation Act, as amended, 42 U.S.C 6361(a)(2), section 10 of
Executive Order 11912, and Title V, part 3, of the National Energy
Conservation Policy Act (NECPA).
On November 30, 1990, DOE published final amendments to 10 CFR part
436 (55 FR 48217) to update the guidelines applicable to Federal agency
in-house energy management programs. That rulemaking was directed
principally toward updating the life cycle cost methodology and
procedures in subpart A of 10 CFR part 436 in light of provisions in
the Federal Energy Management Improvement Act of 1988 granting DOE more
discretion in setting discount and energy cost escalation rates (Pub.
L. 100-615).
The principle uses of the LCC rule are determining the cost
effectiveness of proposed investments and assigning priorities among
proposed cost-effective investments. The methodology and procedures of
the LCC rule are amplified in a manual published for DOE by the
National Institute of Standards and Technology (NIST) HB135, revised as
necessary to reflect amendments. It is referred to as the ``Life Cycle
Costing Manual for the Federal Energy Management Program.'' The
methodology required by the LCC rule involves a systematic analysis of
all significant costs associated with proposed investments, the
principal purpose of which is to increase energy efficiency on a life-
cycle cost effectiveness basis. This analysis relates investment costs
to future costs associated with a proposed investment. The LCC rule
provides for standardized assumptions for establishing and comparing
relevant cost. See 10 CFR 436.14.
The Energy Policy Act of 1992 (Pub. L. 102-486) amended NECPA by
adding water and the use of renewable energy sources to the purpose of
NECPA (42 U.S.C. 8252) and requiring the use of the life cycle cost
methodology when installing in Federal buildings energy and water
conservation measures with payback periods of less than 10 years (42
U.S.C. 8253(b)). The amendments published today relating to water
conservation measures are pursuant to this authority.
III. General Discussion of Amendments
These amendments for the most part insert the term ``water'' in the
various provisions of the rule to reflect the fact that the
conservation and efficient use of water are now included within the
purpose and scope of the Federal Energy Management Program. The
methodology and procedures for applying life cycle cost analyses to
water conservation measures have been determined to be generally
consistent with the treatment of energy. In those instances where the
nature of water conservation measures require different treatment, a
separate provision is added. Overall, only minor changes to the rule
have been made to comply with the mandates imposed by the Energy Policy
Act of 1992.
The basic requirements of the life cycle cost methodology and
procedures are not changed by the amendments. Their coverage is
expanded so that they apply to water conservation measures which are
the primary subject of the amendments. To accommodate the differences
found when examining factors which may be unique only to water or
energy, the Department of Energy is adding new and revised definitions
in Sec. 436.11 to allow for the computation of factors unique to water
conservation measures for the purpose of performing the life cycle
costing calculations. It is the intent of the amendatory language to
make clear that the application of the life cycle cost methodology and
procedures to water conservation measures are treated parallel, where
practicable, to energy conservation measures when determining life
cycle cost effectiveness. For example, the new definition of ``building
water system'' parallels that of ``building energy system.'' The
difference is the type of system which is the subject of the analysis.
In many instances, the Department of Energy has amended the rule with
addition of the terms ``and water'' or ``or water,'' as determined
appropriate, to meet the requirement of the Act to apply life cycle
cost methodology and procedures to water conservation measures.
There are a few minor changes which serve to clarify and facilitate
agency implementation. Section 436.13 presumes that investment in a
retrofit to an existing Federal building is not life cycle cost-
effective if it is occupied under a lease which includes the cost of
utilities in the rent and does not provide a pass-through of energy or
water savings to the government. Language was added to be explicit that
this presumption applies only to Federal investment and should not
necessarily be used to determine the cost effectiveness of building
owners' investments in their Federally-leased buildings. Such
investments are, in fact, cost-effective and are encouraged. The
assumption in section 436.14 that ``water prices will not escalate'' is
based upon the fact that there are no escalation rates established for
water at the national level. However, agencies are permitted to use
escalation rates when they are available from suppliers. Section 436.23
was modified to allow agencies to include future price changes when
they estimate simple payback time in order to be consistent with
national consensus standards developed by the American Society of
Testing and Materials.
IV. Review Under Executive Order 12866
This rule was reviewed under the provisions of this Executive Order
governing Regulatory Planning and Review. DOE has determined that this
rule does not constitute a ``significant regulatory action'' and is
therefore not subject to the provisions of section 6 of the Executive
Order requiring review by the Office of Management and Budget (OMB).
V. Review Under the Regulatory Flexibility Act
This rule was reviewed under the Regulatory Flexibility Act of
1980, Public Law 96-354 (5 U.S.C. 601-612). DOE has determined that
this rule will not have a significant economic impact on a substantial
number of small entities, therefore, no regulatory flexibility analysis
has been performed.
VI. Review Under the Paperwork Reduction Act
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520) requires
that Federal agencies obtain approval from the OMB before collecting
information from 10 or more persons. There are no information
collection requirements in these amendments.
VII. Review Under the National Environmental Policy Act
DOE has determined that promulgation of this rule falls within the
interpreting/amending rulemaking class, Category A5 of appendix A to
subpart D, ``Categorical Exclusions Applicable to General Agency
Actions,'' of the DOE National Environmental Policy Act (NEPA)
regulations. 10 CFR part 1021. It is therefore categorically
[[Page 32649]]
excluded from preparation of either an Environmental Assessment or an
Environmental Impact Statement under NEPA (42 U.S.C. 4321, et. seq).
VIII. Review Under Executive Order 12612
Executive Order 12612, 52 FR 41685 (October 30, 1987), requires
that regulations, rules, legislation, and any other policy actions be
reviewed for any substantial direct effects on States, on the
relationship between the National government and the States, or in the
distribution of power and responsibilities among various levels of
government. If there are sufficient substantial direct effects, then
the Executive Order requires preparation of a federalism assessment to
be used in all decisions involved in promulgating and implementing a
policy action. The rule revises certain policy and procedural
requirements applicable only to Federal energy management programs.
Therefore, the Department of Energy has determined that the rule will
not have a substantial direct effect on the institutional interests or
traditional functions of States.
IX. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3 (a) of Executive Order
12988, ``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes
on Executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplificaiton and burden reduction. With regard to the review
required by section 3(a), section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires agencies to
review regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOE has completed the required review and
determined that, to the extent permitted by law, the final regulations
meet the relevant standards of Executive Order 12988.
List of Subjects in 10 CFR Part 436
Energy Conservation, Federal buildings and facilities.
Issued in Washington, DC, on June 4, 1996.
Christine A. Ervin,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set out in the preamble, 10 CFR part 436 is amended
as follows:
PART 436--FEDERAL ENERGY MANAGEMENT AND PLANNING PROGRAMS
1. The authority citation for part 436 continues to read as
follows:
Authority: 42 U.S.C. 6361; 42 U.S.C. 8251-8263; and 42 U.S.C.
8287-8287c.
2. Section 436.1 is revised as follows:
Sec. 436.1 Scope.
This part sets forth the rules for Federal energy management and
planning programs to reduce Federal energy consumption and to promote
life cycle cost effective investments in building energy systems,
building water systems and energy and water conservation measures for
Federal buildings.
3. Section 436.2 is amended by revising paragraph (b) to read as
follows:
Sec. 436.2 General objectives.
* * * * *
(b) To promote the methodology and procedures for conducting life
cycle cost analyses of proposed investments in building energy systems,
building water systems and energy and water conservation measures;
* * * * *
4. Section 436.10 is revised to read as follows:
Sec. 436.10 Purpose.
This subpart establishes a methodology and procedures for
estimating and comparing the life cycle costs of Federal buildings, for
determining the life cycle cost effectiveness of energy conservation
measures and water conservation measures, and for rank ordering life
cycle cost effective measures in order to design a new Federal building
or to retrofit an existing Federal building. It also establishes the
method by which efficiency shall be considered when entering into or
renewing leases of Federal building space.
5. Section 436.11 is amended by:
(a) Revising the definitions of component price, Federal building,
life cycle cost, replacement cost, retrofit, and salvage value, and (b)
adding definitions for building water system, non-water operation and
maintenance costs, and water conservation measures in alphabetical
order to read as follows:
Sec. 436.11 Definitions.
* * * * *
Building water system means a water conservation measure or any
portion of the structure of a building or any mechanical, electrical,
or other functional system supporting the building, the nature or
selection of which for a new building influences significantly the cost
of water consumed.
Component price means any variable sub-element of the total charge
for a fuel or energy or water, including but not limited to such
charges as ``demand charges,'' ``off-peak charges'' and ``seasonal
charges.''
* * * * *
Federal building means an energy or water conservation measure or
any building, structure, or facility, or part thereof, including the
associated energy and water consuming support systems, which is
constructed, renovated, leased, or purchased in whole or in part for
use by the Federal government. This term also means a collection of
such buildings, structures, or facilities and the energy and water
consuming support systems for such collection.
* * * * *
Life cycle cost means the total cost of owning, operating and
maintaining a building over its useful life (including its fuel and
water, energy, labor, and replacement components), determined on the
basis of a systematic evaluation and comparison of alternative building
systems, except that in the case of leased buildings, the life cycle
cost shall be calculated over the effective remaining term of the
lease.
* * * * *
Non-water operation and maintenance costs mean material and labor
cost for routine upkeep, repair and operation exclusive of water cost.
* * * * *
Replacement costs mean future cost to replace a building energy
system or building water system, an energy or water conservation
measure, or any component thereof.
Retrofit means installation of a building energy system or building
water system alternative in an existing Federal building.
[[Page 32650]]
Salvage value means the value of any building energy system or
building water system removed or replaced during the study period, or
recovered through resale or remaining at the end of the study period.
* * * * *
Water conservation measures mean measures that are applied to an
existing Federal building that improve the efficiency of water use,
reduce the amount of water for sewage disposal and are life cycle cost
effective and that involve water conservation, improvements in
operation and maintenance efficiencies, or retrofit activities.
6. Section 436.13 is amended by revising paragraph (a), the
introductory text of paragraph (b) and paragraph (b)(2) to read as
follows:
Sec. 436.13 Presuming cost-effectiveness results.
(a) If the investment and other costs for an energy or water
conservation measure considered for retrofit to an existing Federal
building or a building energy system or building water system
considered for incorporation into a new building design are
insignificant, a Federal agency may presume that such a system is life
cycle cost-effective without further analysis.
(b) A Federal agency may presume that an investment in an energy or
water conservation measure retrofit to an existing Federal building is
not life cycle cost-effective for Federal investment if the Federal
building is--
* * * * *
(2) Occupied under a lease which includes the cost of utilities in
the rent and does not provide a pass-through of energy or water savings
to the government; or
* * * * *
8. Section 436.14, is amended by revising paragraphs (b)(1), (c),
introductory text to paragraph (d)(2), (e) and (g) as follows:
Sec. 436.14 Methodological assumptions.
* * * * *
(b) * * *
(1) If the Federal agency is using component prices under
Sec. 436.14(c), that agency may use corresponding component escalation
rates provided by the energy or water supplier.
* * * * *
(c) Each Federal agency shall assume that the price of energy or
water in the base year is the actual price charged for energy or water
delivered to the Federal building and may use actual component prices
as provided by the energy or water supplier.
(d) * * *
(2) For determining the life cycle costs or net savings of mutually
exclusive alternatives for a given building energy system or building
water system (e.g., alternative designs for a particular system or size
of a new or retrofit building energy system or building water system),
a uniform study period for all alternatives shall be assumed which is
equal to--
* * * * *
(e) Each Federal agency shall assume that the expected life of any
building energy system or building water system is the period of
service without major renewal or overhaul, as estimated by a qualified
engineer or architect, as appropriate, or any other reliable source
except that the period of service of a building energy or water system
shall not be deemed to exceed the expected life of the owned building,
or the effective remaining term of the leased building (taking into
account renewal options likely to be exercised).
* * * * *
(g) Each Federal agency may assume that energy or water costs and
non-fuel or non-water operation and maintenance costs begin to accrue
at the beginning of the base year or when actually projected to occur.
* * * * *
8. Section 436.16 is amended by revising the section heading,
redesignating paragraphs (b) and (c) as paragraphs (c) and (d), and by
adding a new paragraph (b) as follows:
Sec. 436.16 Establishing non-fuel and non-water cost categories.
* * * * *
(b) The relevant non-water cost categories are--
(1) Investment costs;
(2) Non-water operation and maintenance cost;
(3) Replacement cost; and
(4) Salvage value.
* * * * *
9. Section 436.17 is amended by revising the section heading and by
adding paragraphs (c) and (d) to read as follows:
Sec. 436.17 Establishing energy or water cost data.
* * * * *
(c) Each Federal agency shall establish water costs in the base
year by multiplying the total units of water used in the base year by
the price per unit of water in the base year as determined in
accordance with Sec. 436.14(c).
(d) When water costs begin to accrue in the base year, the present
value of water costs over the study period is the product of water
costs in the base year as established under Sec. 436.17(a), or as
calculated by computer software provided or approved by DOE and used
with the official discount rate and assumptions under Sec. 436.14. When
water costs begin to accrue at a later time, subtract the present value
of water costs over the delay, calculated using the uniform present
worth factor for the period of delay, from the present value of water
costs over the study period or, if using computer software, indicate a
delayed beneficial occupancy date.
10. Section 436.18 is amended by revising the introductory text to
paragraph (c), paragraph (d), the first sentence of paragraph (e) and
paragraph (f) to read as follows:
Sec. 436.18 Measuring cost-effectiveness.
* * * * *
(c) Replacement of a building energy or water system with an energy
or water conservation measure by retrofit to an existing Federal
building or by substitution in the design for a new Federal building
shall be deemed cost-effective if--
* * * * *
(d) As a rough measure, each Federal agency may determine estimated
simple payback time under Sec. 436.23, which indicates whether a
retrofit is likely to be cost effective under one of the four
calculation methods referenced in Sec. 436.18(c). An energy or water
conservation measure alternative is likely to be cost-effective if
estimated payback time is significantly less than the useful life of
that system, and of the Federal building in which it is to be
installed.
(e) Mutually exclusive alternatives for a given building energy or
water system, considered in determining such matters as the optimal
size of a solar energy system, the optimal thickness of insulation, or
the best choice of double-glazing or triple-glazing for windows, shall
be compared and evaluated on the basis of life cycle costs or net
savings over equivalent study periods. * * *
(f) When available appropriations will not permit all cost-
effective energy or water conservation measures to be undertaken, they
shall be ranked in descending order of their savings-to-investment
ratios, or their adjusted internal rate of return, to establish
priority. If available appropriations cannot be fully exhausted for a
fiscal year by taking all budgeted energy or water conservation
measures according to their rank, the set of energy or water
conservation measures that will maximize net savings for available
appropriations should be selected.
* * * * *
[[Page 32651]]
11. Section 436.19 is amended by revising paragraph (d) to read as
follows:
Sec. 436.19 Life cycle costs.
* * * * *
(d) Energy and/or water costs.
12. Section 436.21 is revised to read as follows:
Sec. 436.21 Savings-to-investment ratio.
The savings-to-investment ratio is the ratio of the present value
savings to the present value costs of an energy or water conservation
measure. The numerator of the ratio is the present value of net savings
in energy or water and non-fuel or non-water operation and maintenance
costs attributable to the proposed energy or water conservation
measure. The denominator of the ratio is the present value of the net
increase in investment and replacement costs less salvage value
attributable to the proposed energy or water conservation measure.
13. Section 436.22 is revised to read as follows:
Sec. 436.22 Adjusted internal rate of return.
The adjusted internal rate of return is the overall rate of return
on an energy or water conservation measure. It is calculated by
subtracting 1 from the nth root of the ratio of the terminal value of
savings to the present value of costs, where n is the number of years
in the study period. The numerator of the ratio is calculated by using
the discount rate to compound forward to the end of the study period
the yearly net savings in energy or water and non-fuel or non-water
operation and maintenance costs attributable to the proposed energy or
water conservation measure. The denominator of the ratio is the present
value of the net increase in investment and replacement costs less
salvage value attributable to the proposed energy or water conservation
measure.
14. Section 436.23 is revised to read as follows:
Sec. 436.23 Estimated simple payback time.
The estimated simple payback time is the number of years required
for the cumulative value of energy or water cost savings less future
non-fuel or non-water costs to equal the investment costs of the
building energy or water system, without consideration of discount
rates.
15. Section 436.24 is amended by revising the last sentence in the
section as follows:
Sec. 436.24 Uncertainty analyses.
* * * If additional analysis casts substantial doubt on the life
cycle cost analysis results, a Federal agency should consider obtaining
more reliable data or eliminating the building energy or water system
alternative.
[FR Doc. 96-16120 Filed 6-24-96;8:45am]
BILLING CODE 6450-01-P
Complete official Federal Register PDF
FR Doc. 96-16111 Establishment of Class E Airspace; Bigfork, MN; Correction
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Page 32651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16111]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 95-AGL-20]
Establishment of Class E Airspace; Bigfork, MN; Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correction.
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SUMMARY: This action corrects an error in the airspace description of
the Bigfork, MN, Class E airspace published in a final rule on May 2,
1996 (61 FR 19541), Airspace Docket Number 95-AGL-20.
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
Federal Register Document 96-10972, Airspace Docket 95-AGL-20,
published on May 2, 1996 (61 FR 19541), established the Class E
airspace at Bigfork, MN. Errors were discovered in the legal
description. This action corrects the spelling of Bigfork and adds the
airport name, city and state in the title of the legal description.
Correction to Final Rule
Accordingly, pursuant to the authority delegated to me, the
airspace legal description, as published in the Federal Register on May
2, 1996 (61 FR 19541), (Federal Register Document 96-10972; page 19542,
column 1), is corrected in the legal description to the incorporation
by reference in 14 CFR 71.1 as follows:
Sec. 71.1 [Corrected]
* * * * *
AGL MN E5 Bigfork, MN [Corrected]
Bigfork Municipal Airport, MN
(Lat. 47 deg.46'45''N, long, 93 deg.39'01''W)
That airspace extending upward from 700 feet above the surface
within a 7-mile radius of the Bigfork Municipal Airport.
* * * * *
Issued in Des Plaines, Illinois on June 3, 1996.
Maureen Woods,
Manager, Air Traffic Division.
[FR Doc. 96-16111 Filed 6-24-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-16106 Telecommunications Act of 1996
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32706-32707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16106]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[CS Docket No. 96-46; FCC 96-256]
Telecommunications Act of 1996
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This Order waives the Commission's rules regarding the filing
of oppositions to petitions for reconsideration and replies. This is
necessary to provide the Commission with sufficient time to address
issues raised on reconsideration and to implement Section 653 of the
Communications Act. This Order establishes the date by which
oppositions to petitions for reconsideration must be filed and provides
that replies to oppositions will not be accepted.
DATES: This rule is effective June 25, 1996. Petitions for
reconsideration are due on or before July 5, 1996, and oppositions to
petitions for reconsideration are due on or before July 15, 1996.
FOR FURTHER INFORMATION, CONTACT: Meryl S. Icove, Cable Services
Bureau, (202) 418-7200.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Order in CS Docket
No. 96-46, FCC 96-256, adopted June 6, 1996 and released June 7, 1996.
The complete text of this Order is available
[[Page 32707]]
for inspection and copying during normal business hours in the FCC
Reference Center (room 239), 1919 M Street, N.W., Washington, DC, and
also may be purchased from the Commission's copy contractor,
International Transcription Services, Inc. (``ITS Inc.'') at (202) 857-
3800, 2100 M Street, N.W., Suite 140, Washington, DC 20017.
Synopsis of Order
1. The Telecommunications Act of 1996 added Section 653 to the
Communications Act of 1934, establishing a new framework for entry into
the video programming marketplace, the open video system. The 1996 Act
required that the Commission, within six months after the date of
enactment of the 1996 Act, ``complete all actions necessary (including
any reconsideration) to prescribe regulations'' to govern the operation
of open video systems. The Commission issued a Notice of Proposed
Rulemaking on March 11, 1996. 61 FR 10496 (March 14, 1996). On May 31,
1996, the Commission adopted a Second Report and Order implementing
Section 653. Pursuant to the 1996 Act, the Commission must issue an
order on reconsideration by August 8, 1996.
2. The Communications Act, and the Commission's rules, require that
petitions for reconsideration of a Commission order may be filed within
thirty days from the date upon which public notice is given of the
order. Public notice of the Second Report and Order was given on June
5, 1996, when a summary of the order was published in the Federal
Register. 61 FR 28698 (June 5, 1996). Petitions for reconsideration are
due, therefore, on July 5, 1996. In order to afford the Commission
sufficient time to review the issues raised in the petitions and to
meet its statutory requirement to issue an order on reconsideration by
August 8, 1996, we believe it is in the public interest for the
Commission to waive its rules regarding the filing of oppositions to
petitions for reconsideration and replies to oppositions. We are
waiving Section 1.429(f) to provide that oppositions must be filed by
July 15, 1996. We are also waiving Section 1.429(g) and will not accept
any replies to oppositions. Finally, in order to afford the fullest
consideration possible to the issues raised on reconsideration, we
strongly encourage parties to file pleadings in advance of the
deadlines.
List of Subjects in 47 CFR Part 76
Open video systems.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-16106 Filed 6-24-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-16105 Permitting Mobile Operation in the Interactive Video and Data Service (IVDS)
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32710-32711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16105]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 95
[WT Docket No. 95-47; FCC 96-224]
Permitting Mobile Operation in the Interactive Video and Data
Service (IVDS)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission has amended its rules to permit IVDS licensees
to provide mobile service to subscribers. This action authorizes mobile
operation of response transmitter units (subscriber units) operated
with an effective radiated power of 100 milliwatts or less. The
Commission also eliminated the IVDS ``duty cycle'' requirement for
operations outside of TV channel 13 Grade B contours. The Commission
found that these amendments would provide additional flexibility for
IVDS licensees to meet the communications needs of the public without
increasing the likelihood of interference.
EFFECTIVE DATE: July 25, 1996.
FOR FURTHER INFORMATION CONTACT: Eric Malinen, Wireless
Telecommunications Bureau, telephone (202) 418-0638, e-mail at
[email protected]
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted May 16, 1996, and released May 30, 1996. The full
text of this Commission action, including the rule amendments and Final
Regulatory Flexibility Analysis, is available for inspection and
copying during normal business hours in the FCC Reference Center, Room
239, 1919 M Street, N.W., Washington, D.C. The full text of this Report
and Order may also be purchased from the Commission's copy contractor,
International Transcription Services, Inc., 2100 M Street, N.W., Suite
140, Washington, D. C. 20037, telephone (202) 857-3800. Last, the full
text may be obtained from the FCC's internet World Wide Web home page,
http://www.fcc.gov
Summary of Report and Order
1. On April 13, 1995, the Commission adopted a Notice of Proposed
Rule Making, 60 FR 25193 (May 11, 1995), proposing, inter alia, to
allow IVDS licensees to provide mobile service to subscribers on an
ancillary basis. By this Report and Order, and in light of the
development of the industry and the views of a majority of the
commenters, the Commission amends Part 95 of the rules to authorize
fully mobile operation in addition to fixed operation for IVDS response
transmitter units (RTUs) operated with an effective radiated power of
100 milliwatts or less. This action will enable licensees to respond
more accurately to the public's preferred choices of interactive
services and to offer a broader array of services.
2. Recognizing that allowing mobile operations increases the
interference potential with respect to the operations of licensees in
other services, the Commission concludes that the lower power limit of
100-milliwatts is appropriate. The limit applies even to mobile RTUs
located both within the IVDS licensee's service area and outside a TV
channel 13 predicted Grade B contour. In addition, as suggested by
commenters, this 100-milliwatt limit is specified in terms of mean
power. The Commission also concludes that no change to the power limit
for fixed operations is necessary.
3. Given the development of IVDS and the Commission's current
reexamination of the parameters of the duty cycle rule, the Commission
also eliminates the duty cycle requirement for both fixed and mobile
operations in IVDS service areas where no TV channel 13 predicted Grade
B contour overlap exists. In such areas, TV channel 13 operations have
no expectation to protection from interference. The Commission also
eliminates the duty cycle in areas where there is overlap, for fixed
RTUs located within the IVDS licensee's service area, but outside the
TV channel 13 predicted Grade B contour. In such areas, the
interference potential is minimal, rendering the duty cycle restriction
unnecessary. The duty cycle requirement is retained for mobile RTUs
located within the IVDS licensee's service area, but outside the TV
channel 13 predicted Grade B contour.
4. The Commission also adopts its proposal to allow indirect RTU-
to-RTU operations, but will continue to prohibit direct RTU-to-RTU
operations. Protecting TV channel 13 from interference is a primary
concern in regulating IVDS, and direct RTU-to-RTU operation would
increase the potential for such interference. Further, the Commission
eliminates the requirement that RTUs operating at 100 milliwatts or
less incorporate automatic power control. Finally, the Commission
permits direct CTS-to-CTS communications (fixed point-to-point
communications) on a primary basis, finding that such fixed operation
can be designed to eliminate potential interference to TV channel 13
operations and does not present the interference potential presented by
direct RTU-to-RTU operations.
5. The Commission declines to permit IVDS interconnection with the
public switched network. This determination is consistent with
retaining IVDS as a private, although newly mobile, radio service.
6. The amended rules are set forth below, effective July 25, 1996.
7. This Report and Order and the rule amendments are issued under
the authority contained in 47 U.S.C. Secs. 154(i), 303 (b), and 303
(r).
List of Subjects in 47 CFR Part 95
Communications equipment, Interactive Video and Data Service
(IVDS), Radio.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 95 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 95--PERSONAL RADIO SERVICES
1. The authority citation for Part 95 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. Secs. 154, 303.
[[Page 32711]]
2. Section 95.803 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 95.803 IVDS description.
(a) An IVDS system is a point-to-multipoint, multipoint-to-point,
short distance communications service for its licensees to provide
information, products, or services to, and allow interactive responses
from, subscribers in the licensee's service area.
(b) The components of each IVDS system are its administrative
apparatus, its response transmitter units (RTUs), and one or more cell
transmitter stations (CTSs). RTUs may be used in any location within
the service area. Each IVDS system is authorized for a specific service
area and frequency segment. There can be a maximum of two IVDS systems
per service area. There are two frequency segments available for each
service area.
* * * * *
3. Section 95.805 is amended by revising paragraphs (b), (c) and
(e) to read as follows:
Sec. 95.805 Permissible communications.
* * * * *
(b) Direct CTS-to-CTS communications within the same IVDS system
are permitted.
(c) Direct RTU-to-RTU communications are prohibited. No mobile RTU
in an IVDS system may be interconnected with the public switched
network or any commercial mobile radio service.
* * * * *
(e) An IVDS system may provide fixed and mobile service to
subscribers within its service area.
* * * * *
4. Section 95.855 is amended by revising paragraph (a) to read as
follows:
Sec. 95.855 Transmitter effective radiated power limitation.
(a) The effective radiated power (ERP) of each CTS and RTU shall be
limited to the minimum necessary for successful communications. RTUs
with powers in excess of 100 milliwatts must incorporate automatic
power control to ensure the minimum ERP is used. No CTS may transmit
with an ERP exceeding 20 watts. No fixed RTU may transmit with an ERP
exceeding 20 watts. No mobile RTU may transmit with an ERP exceeding
100 milliwatts mean power.
* * * * *
5. Section 95.863 is revised to read as follows:
Sec. 95.863 Duty cycle.
(a) Except as provided in paragraph (b) of this section, the
maximum duty cycle of each RTU, either fixed or mobile, shall not
exceed 5 seconds-per-hour, or, alternatively, not exceed one percent
within any 100 millisecond interval.
(b) The duty cycle limitation specified above for RTUs does not
apply in the following situations:
(1) To fixed and mobile RTUs when there is no TV channel 13
predicted Grade B contour overlap in the licensed service area; or
(2) To fixed RTUs in areas where there is Grade B contour overlap
and the RTU is located outside the TV channel 13 predicted Grade B
contour but within the licensed service area.
[FR Doc. 96-16105 Filed 6-24-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-16104 Telecommunications Act of 1996
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32707-32709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16104]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 76
[CS Docket No. 96-57; FCC 96-257]
Telecommunications Act of 1996
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission issues this Report and Order to implement
Section 623(a)(7)(A) of the Communications Act of 1934, as amended
(``Communications Act''). The Report and Order is necessary to fulfill
the statutory requirement in Section 301(j) of the Telecommunications
Act of 1996 (``1996 Act'') that the Commission allow cable operators to
aggregate, on a franchise, system, regional, or company level, their
equipment costs into broad categories regardless of the equipment's
level of functionality. In the Report and Order, the Commission also
issues final rules.
EFFECTIVE DATE: July 25, 1996.
FOR FURTHER INFORMATION CONTACT: Tim J. Bellamy, Cable Services Bureau,
(202) 418-7200.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Report and Order
in CS Docket No. 96-57, FCC 96-257, adopted June 6, 1996 and released
June 7, 1996. The complete text of this Report and Order is available
for inspection and copying during normal business hours in the FCC
Reference Center (room 239), 1919 M Street N.W., Washington, DC, and
also may be purchased from the Commission's copy contractor,
International Transcription Services, Inc. (``ITS Inc.'') at (202) 857-
3800, 2100 M Street N.W., Suite 140, Washington, DC 20017. This Report
and Order contains modified information collection requirements
approved by OMB under control number 3060-0703 for use through June 30,
1999.
Synopsis of Report and Order
1. In this Report and Order, the Commission amends its rules to
implement Section 301(j) of the 1996 Act which adds a new Section
623(a)(7) to the Communications Act. Section 301(j) of the 1996 Act
requires the Commission to allow cable operators to aggregate, on a
franchise, system, regional, or company level, their equipment costs
into broad categories regardless of the varying levels of functionality
of the equipment within each such broad category. That section also
provides that ``[s]uch aggregation shall not be permitted with respect
to equipment used by subscribers who receive only a rate regulated
basic tier.''
Discussion
A. Equipment Aggregation
2. Section 301(j) of the 1996 Act requires the Commission to allow
regulated operators to aggregate ``their [customer] equipment costs
into broad categories, such as converter boxes, regardless of the
varying levels of functionality of the equipment within each such broad
category.'' The Commission concludes, and amends its rules accordingly,
that Congress intended to permit operators to aggregate equipment costs
into broad categories, limited only by the requirement that equipment
so aggregated be of the same type. The language in Sections 76.923 (f)
and (g) of the Commission's rules that requires separate charges for
each significantly different type of remote control device, converter
box, and other customer equipment was eliminated. The ``primary
purpose'' test, proposed in the Notice of Proposed Rulemaking
(``NPRM''), 61 FR 13803 (March 28, 1996), for categorizing equipment
will not be used, nor will it be incorporated into our rules. The term
``level of functionality'' is not further defined.
3. Under the rules adopted in this Report and Order, there are
three types of customer equipment: converter boxes, remote controls and
inside wiring. Consistent with this fact, the Commission concluded that
costs of equipment used in the installation of initial and additional
outlets may be aggregated into the same broad category, inside wiring.
In addition, the Commission will maintain a flexible approach with
respect to categorization of new technology. Operators also have the
flexibility to average some equipment of the same type, but not all
equipment of that type. In other words, operators may choose how
broadly to categorize equipment if they choose to do so at all.
4. Though the Commission tentatively concluded otherwise in the
NPRM, Section 76.923(l) of the Commission's rules, which permits cost
aggregation specifically for small cable systems is not eliminated. The
Commission believes eliminating that section might increase regulatory
burdens on some smaller cable systems, a result Congress did not
intend.
[[Page 32708]]
B. Organizational Levels
5. Section 76.923(c) of the Commission's rules is amended to
specifically permit operators to aggregate its customer equipment costs
at the organizational level of its choosing, namely, the franchise,
system, regional, or company level. To the extent that current
Commission rules permit cost aggregation of equipment only in a manner
consistent with an operator's practices on April 3, 1993, that date
restriction is eliminated. Such a restriction might have improperly
prevented an operator from aggregating costs at higher organizational
levels, as specifically permitted in the 1996 Act.
6. The Commission concludes that Congress intended that
installation be subsumed under its general statutory reference to
equipment and that the same cost aggregation rules apply to both. Cable
operators are therefore permitted to aggregate installation costs at
the same organizational level at which the operator aggregates its
equipment costs. In addition, because Commission rules require
equipment rates to be based on actual cost, those rules are amended to
state that equipment and installation rates must be set at the same
organizational level at which an operator chooses to aggregate its
costs.
C. Basic-Only Subscriber Equipment
7. The 1996 Act prohibits ``[s]uch aggregation * * * with respect
to equipment used by subscribers who receive only a rate regulated
basic service tier.'' The Commission concludes that Congress was
concerned that basic-only subscribers not subsidize the costs of
equipment used by subscribers taking services in addition to basic. The
Commission further concludes that costs of equipment used by basic-only
subscribers may not be aggregated into broad categories. An operator is
permitted, however, to aggregate the costs of equipment used by basic
service-only customers at the same organizational level at which the
operator chooses to aggregate its other costs. Section 76.923(c) of the
Commission's rules is amended accordingly. As an alternative, for
purposes of establishing equipment rates for basic-only subscribers, an
operator may assume that all basic-only subscribers use equipment that
is the lowest level and least expensive model of equipment offered by
the operator, even if some basic-only subscribers actually have higher
level, more expensive equipment. Because there is not always one type
of equipment which may be deemed ``basic-only equipment,'' the
Commission shall also permit an operator to aggregate costs of types of
equipment used by non-basic-only subscribers with other non-basic-only
equipment when setting rates for non-basic-only subscribers, even if
the same type of equipment is also used by basic-only subscribers.
D. Equipment Rates Jurisdiction and Review
8. Local franchising authorities affected by the new cost
aggregation rules will continue to review the equipment and
installation rates and supporting aggregated cost data as part of the
review of the cable operators' rate justifications for basic rates,
with the operator retaining the right to appeal the local rate order to
the Commission.
E. FCC Form 1205
9. Because of the Commission's conclusions and revisions to its
rules, FCC Form 1205 is modified accordingly.
Procedural Provisions
A. Final Regulatory Flexibility Analysis
10. Pursuant to Section 603 of the Regulatory Flexibility Act, the
Commission has prepared the following final regulatory flexibility
analysis (``FRFA'') of the expected impact of these proposed policies
and rules on small entities. The Commission's final regulatory
flexibility analysis under the Regulatory Flexibility Act indicates
that the rule changes adopted in the Report and Order will not cause a
significant economic impact on a substantial number of small business
entities, as defined by Section 601(3) of the Regulatory Flexibility
Act and that any impact will be to give operators new, less burdensome
options to comply with our rules. The Commission is committed to
reducing the regulatory burdens on small cable operators whenever
possible, consistent with our other public interest responsibilities.
The Secretary shall send a copy of this Report and Order to the Chief
Counsel for Advocacy of the Small Business Administration in accordance
with Section 603(a) of the Regulatory Flexibility Act, 5 U.S.C.
Sections 601, et seq. (1981).
11. The Commission issues this Report and Order to effectuate the
changes needed to permit cable operators to aggregate equipment costs
into broad categories and at the organizational level of their choice,
as required by Section 301(j)) of the 1996 Act.
12. Objective. To implement Section 301(j) of the 1996 Act.
13. Legal Basis. Action adopted in this Report and Order is
contained in Section 301(j) of the 1996 Act.
14. Description, Potential Impact and Number of Small Entities
Affected. The rule changes in this Report and Order will not have a
significant effect on a substantial number of small entities. The rule
changes provide all regulated entities with new options and do not
require them to change the methodology by which they currently justify
equipment rates. Thus, any economic impact of the rule changes will be
positive.
15. Reporting, Recordkeeping and Other Compliance Requirements.
None.
16. Federal Rules which Overlap, Duplicate of Conflict with these
Rules. None
17. Any Significant Alternatives Minimizing Impact on Small
Entities and Consistent with Stated Objectives. None.
C. Paperwork Reduction Act
18. Final Paperwork Reduction Act of 1995 Analysis. This Report and
Order has been analyzed with respect to the Paperwork Reduction Act of
1995 and found to contain modified information collection requirements
on the public. The information collection requirements contained herein
have been approved by the Office of Management and Budget under control
number 3060-0703 for use through June 30, 1999.
Ordering Clauses
19. Accordingly, it is ordered, pursuant to Sections 4(i), 4(j) and
623(a) of the Communications Act of 1934, as amended, 47 U.S.C.
Secs. 154(i), 154(j) and 543, the rules, requirements and policies
discussed in this Report and Order are adopted and Sections 76.923(a),
(c), (f), (g) and (m) of the Commission's rules, 47 CFR
Secs. 76.923(a), (c), (f), (g) and (m), are amended as set forth below.
20. It is further ordered that the requirements and regulations
established in this decision shall become effective July 25, 1996.
21. It is further ordered that the Secretary shall send a copy of
this Report and Order, including the Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration in accordance with paragraph 603(a) of the Regulatory
Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C.
Secs. et seq. (1981).
List of Subjects in 47 CFR Part 76
Cable television.
[[Page 32709]]
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Part 76 of Title 47 of the Code of Federal Regulations is amended
as follows:
PART 76--CABLE TELEVISION SERVICE
1. The authority citation for Part 76 continues to read as follows:
Authority: 47 U.S.C. Secs. 151, 152, 153, 154, 301, 302, 303,
303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532,
533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 552, 554, 556,
558, 560, 561, 571, 572, 573.
2. Section 76.923 is amended by revising paragraphs (a), (c), (f),
(g) and (m) to read as follows:
Sec. 76.923 Rates for equipment and installation used to receive the
basic service tier.
(a) Scope. (1) The equipment regulated under this section consists
of all equipment in a subscriber's home, provided and maintained by the
operator, that is used to receive the basic service tier, regardless of
whether such equipment is additionally used to receive other tiers of
regulated programming service and/or unregulated service. Such
equipment shall include, but is not limited to:
(i) Converter boxes;
(ii) Remote control units; and
(iii) Inside wiring.
(2) Subscriber charges for such equipment shall not exceed charges
based on actual costs in accordance with the requirements set forth in
this section.
* * * * *
(c) Equipment basket. A cable operator shall establish an Equipment
Basket, which shall include all costs associated with providing
customer equipment and installation under this section. Equipment
Basket costs shall be limited to the direct and indirect material and
labor costs of providing, leasing, installing, repairing, and servicing
customer equipment, as determined in accordance with the cost
accounting and cost allocation requirements of Sec. 76.924, except that
operators do not have to aggregate costs in a manner consistent with
the accounting practices of the operator on April 3, 1993. The
Equipment Basket shall not include general administrative overhead
including marketing expenses. The Equipment Basket shall include a
reasonable profit.
(1) Customer equipment. Costs of customer equipment included in the
Equipment Basket may be aggregated, on a franchise, system, regional,
or company level, into broad categories. Except to the extent indicated
in paragraph (c)(2) of this section, such categorization may be made,
provided that each category includes only equipment of the same type,
regardless of the levels of functionality of the equipment within each
such broad category. When submitting its equipment costs based on
average charges, the cable operator must provide a general description
of the averaging methodology employed and a justification that its
averaging methodology produces reasonable equipment rates. Equipment
rates should be set at the same organizational level at which an
operator aggregates its costs.
(2) Basic service tier only equipment. Costs of customer equipment
used by basic-only subscribers may not be aggregated with the costs of
equipment used by non-basic-only subscribers. Costs of customer
equipment used by basic-only subscribers may, however, be aggregated,
consistent with an operator's aggregation under paragraph (c)(1) of
this section, on a franchise, system, regional, or company level. The
prohibition against aggregation applies to subscribers, not to a
particular type of equipment. Alternatively, operators may base its
basic-only subscriber cost aggregation on the assumption that all
basic-only subscribers use equipment that is the lowest level and least
expensive model of equipment offered by the operator, even if some
basic-only subscribers actually have higher level, more expensive
equipment.
(3) Installation costs. Installation costs, consistent with an
operator's aggregation under paragraph (c)(1) of this section, may be
aggregated, on a franchise, system, regional, or company level. When
submitting its installation costs based on average charges, the cable
operator must provide a general description of the averaging
methodology employed and a justification that its averaging methodology
produces reasonable equipment rates. Installation rates should be set
at the same organizational level at which an operator aggregates its
costs.
* * * * *
(f) Remote charges. Monthly charges for rental of a remote control
unit shall consist of the average annual unit purchase cost of remotes
leased, including acquisition price and incidental costs such as sales
tax, financing and storage up to the time it is provided to the
customer, added to the product of the HSC times the average number of
hours annually repairing or servicing a remote, divided by 12 to
determine the monthly lease rate for a remote according to the
following formula:
[GRAPHIC] [TIFF OMITTED] TR25JN96.006
Where, HR=average hours repair per year; and UCE=average annual unit
cost of remote.
(g) Other equipment charges. The monthly charge for rental of
converter boxes and other customer equipment shall be calculated in the
same manner as for remote control units. Separate charges may be
established for each category of other customer equipment.
* * * * *
(m) Cable operators shall set charges for equipment and
installations to recover Equipment Basket costs. Such charges shall be
set, consistent with the level at which Equipment Basket costs are
aggregated as provided in Sec. 76.923(c). Cable operators shall
maintain adequate documentation to demonstrate that charges for the
sale and lease of equipment and for installations have been developed
in accordance with the rules set forth in this section.
* * * * *
[FR Doc. 96-16104 Filed 6-24-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-16103 New Animal Drugs for Use in Animal Feeds; Ivermectin and Lincomycin
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32651-32653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16103]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
New Animal Drugs for Use in Animal Feeds; Ivermectin and
Lincomycin
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 Merck Research Laboratories, Division of Merck & Co.,
Inc. The NADA provides for use of single ingredient ivermectin and
lincomycin Type A medicated articles to make combination drug Type B
and C medicated swine feeds used for treatment and control of certain
helminth, lice, and mite infections, increased rate of weight gain,
treatment and control of swine dysentery, and reduction of severity of
swine mycoplasma pneumonia in growing-finishing swine.
EFFECTIVE DATE: June 25, 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: Merck Research Laboratories, Division of
Merck & Co., Inc., P.O. Box 2000, Rahway, NJ 07065, is sponsor of NADA
141-054, which provides for the use of Ivomec (ivermectin 0.6
percent) Type A medicated article and Lincomix (lincomycin 20
and 50 grams (g)/pound) Type A medicated articles to make ivermectin/
lincomycin Type B and C medicated swine feeds. The Type C medicated
swine feeds containing 1.8 g ivermectin/ton with 20, 40, 100, or 200 g
lincomycin/ton are fed to growing-finishing swine for treatment and
control of gastrointestinal roundworms, kidney worms, lungworms, lice,
mites, swine dysentery; reduction of severity of mycoplasmal pneumonia;
and to increase rate of weight gain. The NADA is approved as of June
25, 1996, and the regulations are amended in 21 CFR 558.300 and 558.325
to reflect the
[[Page 32652]]
approval. The basis of approval is discussed in the freedom of
information summary.
NADA 141-054 provides for use of ivermectin and lincomycin Type A
medicated articles to make combination drug Type B and C medicated
swine feeds. Ivermectin is a Category II drug which, as provided in 21
CFR 558.4(b), requires an approved Form FDA 1900 for making Type C
medicated feeds. Therefore, use of ivermectin and lincomycin Type A
medicated articles in making combination drug Type B and C medicated
feeds, as in this NADA, 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, 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
a 3-year marketing exclusivity beginning June 25, 1996, because the
application contains reports of new clinical or field investigations
(other than bioequivalence or residue studies) essential to the
approval 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 558.300 is amended by revising paragraph (a) and by
adding new paragraphs (c)(2) through (c)(5) to read as follows:
Sec. 558.300 Ivermectin.
(a) Approvals. (1) Type A medicated articles: 0.6 percent (2.72
grams per pound; 6 grams per kilogram) to 000006 in Sec. 510.600(c) of
this chapter, and
(2) Type B medicated feeds for ivermectin alone or with lincomycin.
See Sec. 558.4 of this chapter for maximum drug levels to 000006 in
Sec. 510.600(c) of this chapter.
* * * * *
(c) * * *
(2) Amount per ton. 1.8 grams of ivermectin (to provide 0.1
milligram per kilogram of body weight per day) with 20 grams of
lincomycin.
(i) Indications for use. For treatment and control of
gastrointestinal roundworms (Ascaris suum, adults and fourth-stage
larvae; Ascarops strongylina, adults; Hyostrongylus rubidus, adults and
fourth-stage larvae; Oesophagostomum spp., adults and fourth-stage
larvae), kidneyworms (Stephanurus dentatus, adults and fourth-stage
larvae), lungworms (Metastrongylus spp., adults), lice (Haematopinus
suis), and mange mites (Sarcoptes scabiei var. suis). For increased
rate of weight gain.
(ii) Limitations. For weaned, growing-finishing swine. Feed as sole
ration for 7 consecutive days. Withdraw 5 days before slaughter. A
separate feed containing 20 grams per ton lincomycin may be continued.
Not to be fed to swine that weigh more than 250 pounds. Do not allow
rabbits, hamsters, guinea pigs, horses, or ruminants access to feeds
containing lincomycin. Ingestion by these species may result in severe
gastrointestinal effects. Consult your veterinarian for assistance in
the diagnosis, treatment, and control of parasitism.
(3) Amount per ton. 1.8 grams of ivermectin (to provide 0.1
milligram per kilogram of body weight per day) with 40 grams of
lincomycin.
(i) Indications for use. For treatment and control of
gastrointestinal roundworms (Ascaris suum, adults and fourth-stage
larvae; Ascarops strongylina, adults; Hyostrongylus rubidus, adults and
fourth-stage larvae; Oesophagostomum spp., adults and fourth-stage
larvae), kidneyworms (Stephanurus dentatus, adults and fourth-stage
larvae), lungworms (Metastrongylus spp., adults), lice (Haematopinus
suis), and mange mites (Sarcoptes scabiei var. suis). For control of
swine dysentery. For use in swine on premises with a history of swine
dysentery, but where symptoms have not yet occurred.
(ii) Limitations. For weaned, growing-finishing swine. Feed as sole
ration for 7 consecutive days. Withdraw 5 days before slaughter. A
separate feed containing 40 grams per ton lincomycin may be continued.
Not to be fed to swine that weigh more than 250 pounds. Do not allow
rabbits, hamsters, guinea pigs, horses, or ruminants access to feeds
containing lincomycin. Ingestion by these species may result in severe
gastrointestinal effects. Consult your veterinarian for assistance in
the diagnosis, treatment and control of parasitism.
(4) Amount per ton. 1.8 grams of ivermectin (to provide 0.1
milligram per kilogram of body weight per day) with 100 grams of
lincomycin.
(i) Indications for use. For treatment and control of
gastrointestinal roundworms (Ascaris suum, adults and fourth-stage
larvae; Ascarops strongylina, adults; Hyostrongylus rubidus, adults and
fourth-stage larvae; Oesophagostomum spp., adults and fourth-stage
larvae), kidneyworms (Stephanurus dentatus, adults and fourth-stage
larvae), lungworms (Metastrongylus spp., adults), lice (Haematopinus
suis), and mange mites (Sarcoptes scabiei var. suis). Treatment of
swine dysentery.
(ii) Limitations. For weaned, growing-finishing swine. Feed as sole
ration for 7 consecutive days followed by a separate feed containing
100 grams per ton lincomycin for an additional 14 days to complete the
lincomycin treatment. Withdraw 6 days before slaughter. Not to be fed
to swine that weigh more than 250 pounds. Do not allow rabbits,
hamsters, guinea pigs, horses, or ruminants access to feeds containing
lincomycin. Ingestion by these species may result in severe
gastrointestinal effects. Consult your veterinarian for assistance in
the diagnosis, treatment, and control of parasitism.
(5) Amount per ton. 1.8 grams of ivermectin (to provide 0.1
milligram per kilogram of body weight per day) with 200 grams of
lincomycin.
(i) Indications for use. For treatment and control of
gastrointestinal roundworms (Ascaris suum, adults and fourth-stage
larvae; Ascarops strongylina, adults; Hyostrongylus rubidus, adults and
fourth-stage larvae; Oesophagostomum spp., adults and fourth-stage
larvae), kidneyworms (Stephanurus dentatus, adults and fourth-stage
larvae), lungworms (Metastrongylus spp., adults), lice (Haematopinus
suis), and mange mites (Sarcoptes scabiei var. suis). For reduction in
severity of swine
[[Page 32653]]
mycoplasmal pneumonia caused by Mycoplasma hyopneumoniae.
(ii) Limitations. For weaned, growing-finishing swine. Feed as sole
ration for 7 consecutive days followed by a separate feed containing
200 grams per ton lincomycin for an additional 14 days to complete the
lincomycin treatment. Withdraw 6 days before slaughter. Not to be fed
to swine that weigh more than 250 pounds. Do not allow rabbits,
hamsters, guinea pigs, horses, or ruminants access to feeds containing
lincomycin. Ingestion by these species may result in severe
gastrointestinal effects. Consult your veterinarian for assistance in
the diagnosis, treatment, and control of parasitism.
3. Section 558.325 is amended by adding new paragraph (c)(4)(iii)
to read as follows:
Sec. 558.325 Lincomycin.
* * * * *
(c) * * *
(4) * * *-
(iii) Ivermectin as in Sec. 558.300.
Dated: June 14,1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-16103 Filed 6-24-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-16099 Operating Differential Subsidy for Bulk Cargo Vessels Engaged in Worldwide Services; Requirements and Procedures for Conducting Surveys and Administering Maintenance and Repair Subsidy; Removal of Obsolete Regulations
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32705-32706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16099]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Parts 252 and 272
[Docket No. R-167]
RIN 2133-AB27
Operating Differential Subsidy for Bulk Cargo Vessels Engaged in
Worldwide Services; Requirements and Procedures for Conducting Surveys
and Administering Maintenance and Repair Subsidy; Removal of Obsolete
Regulations
AGENCY: Maritime Administration, Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Maritime Administration (MARAD) is removing obsolete
provisions governing operating-differential subsidy for cargo vessels
engaged in worldwide services.
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Michael P. Ferris, Director, Office of
Costs and Rates, Maritime Administration, 400 Seventh St. S.W., Room
8117, Tel. (202)-366-2324.
SUPPLEMENTARY INFORMATION: 46 CFR Parts 252 and 272 prescribe
regulations implementing Title VI of the Merchant Marine Act, 1936, as
amended (46 App. U.S.C. 1171-1176 and 1178-1181), governing operating-
differential subsidy (ODS) for cargo vessels engaged in carrying bulk
cargo in essential services in the foreign commerce of the United
States. Part 252 addresses eligibility to receive ODS for vessel
operations, calculation of subsidy rates, and subsidy payment and
billing procedures. Part 2 272 prescribes the requirements and
procedures for determining the condition of vessels receiving ODS, for
reporting and substantiating maintenance and repair (M&R) expenses for
those vessels that receive M&R under their ODS agreements, and for
determining whether an M&R expense is subsidizable.
These regulations apply only to bulk vessels. The last of the
current bulk vessel ODS contracts will expire on December 31, 2000. No
new subsidy contracts for bulk vessels are anticipated.
When Part 252 was amended in 1993 (58 FR 17349, April 2, 1993),
effective January 1, 1993, section 252.32(c)(1) and (c)(2) became
obsolete. Paragraph (c)(1) became obsolete because the calculation of
ODS for M&R was no longer based on the specified 24-36 month period.
The calculation and payment of ODS for M&R became based on a percentage
rate requiring an allocation between subsidized and unsubsidized vessel
days. Paragraph (c)(2) is redundant because its provision is already
included in the introductory paragraph of section 252.32(c).
Furthermore, allocation of costs with respect to M&R subsidy, as
required by paragraphs (e), (f) and (g) of 46 CFR 272.41, has not been
applicable since the 1986 amendments to parts 252 and 382 and reference
to such should have been removed from part 272 at that time. When 46
CFR 252.40 was amended in 1993, it provided that ``the ratio of
subsidized to unsubsidized days during the calendar year'' be used to
allocate M&R costs, creating a conflict with provisions in Part 272
that remained.
Accordingly, MARAD is hereby removing as obsolete 46 CFR
252.32(c)(1) and (c)(2), and 272.41(e), (f), and (g) in this final
rule.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review)
This rulemaking is not considered to be an economically significant
regulatory action under section 3(f) of Executive Order 12866. Also, it
is not a
[[Page 32706]]
major rule under Pub. L. 104-121, 5 U.S.C. 804, or a significant rule
under the Department's Regulatory Policies and Procedures. Accordingly,
it has not been reviewed by the Office of Management and Budget.
MARAD has determined that this rulemaking presents no substantive
issue which it could reasonably expect to produce meaningful public
comment since it is merely removing obsolete regulations. Accordingly,
MARAD has determined that the notice and public comment procedure
otherwise required by the Administrative Procedure Act, 5 U.S.C.
553(c), is unnecessary and good cause exists, pursuant to 5 U.S.C.
553(d)(3), to make the changes effective upon publication.
Federalism
The Maritime Administration has analyzed this rulemaking in
accordance with the principles and criteria contained in Executive
order 12612, and it has been determined that these regulations do not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Regulatory Flexibility Act
The Maritime Administration certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities.
Environmental Assessment
The Maritime Administration has considered the environmental impact
on this rulemaking and has concluded that an environmental impact
statement is not required under the National Environmental Policy Act
of 1969.
Paperwork Reduction Act
This rulemaking contains no reporting requirement that is subject
to OMB approval under 5 CFR Part 1320, pursuant to the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501, et seq.)
List of Subjects in 46 CFR Parts 252 and 272
Grant programs--transportation, Maritime carriers, Reporting and
recordkeeping requirements.
Accordingly, MARAD hereby amends 46 CFR Parts 252 and 272 as
follows:
PART 252--[AMENDED]
1. The authority citation for Part 252 continues to read as
follows:
Authority: 46 App. U.S.C. 1114(b), 1117, 1121, 1171, 1173 and
1175; 49 CFR 1.66.
2. Section 252.1 Purpose is amended in the parenthetical United
States Code citation by inserting ``App.'' between ``46 and ``U.S.C.''
3. Section 252.32 Maintenance (upkeep) and repairs, is amended by
removing paragraphs (c)(1) and (c)(2).
PART 272--[AMENDED]
1. The authority citation for Part 272 continues to read as
follows:
Authority: 46 App. U.S.C. 1114(b), 1173, 1176; 49 CFR 1.66.
2. Section 272.41 Requirements for examination and allocation of
M&R expenses, is amended by removing paragraphs (e), (f), and (g).
Dated: June 20, 1996.
By Order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 96-16099 Filed 6-24-96; 8:45 am]
BILLING CODE 4910-81-P
Complete official Federal Register PDF
FR Doc. 96-16082 Removal of Regulations
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32655-32656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16082]
=======================================================================
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[[Page 32656]]
DEPARTMENT OF EDUCATION
34 CFR Parts 639, 651, 652, and 667
Removal of Regulations
AGENCY: Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary amends the Code of Federal Regulations (CFR) to
remove unnecessary and obsolete regulations. The regulations removed
are 34 CFR parts 639 (Law School Clinical Experience Program), 651
(Training in the Legal Profession), 652 (National Science Scholars
Program), and 667 (State Postsecondary Review Program). As a result of
new legislation, absence of funding, and review in accordance with the
President's regulatory reinvention initiative, the Secretary has
determined that these regulations are no longer needed.
EFFECTIVE DATE: Parts 651, 652, and 667 are removed effective June 25,
1996. Part 639 is removed effective September 30, 1996.
FOR FURTHER INFORMATION CONTACT: Kenneth C. Depew, U.S. Department of
Education, Room 5112, FB-10, 600 Independence Avenue, SW, Washington,
DC 20202-2241. Telephone: (202) 401-8300. Individuals who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday.
SUPPLEMENTARY INFORMATION: President Clinton's memorandum of March 4,
1995, titled ``Regulatory Reinvention Initiative,'' directed heads of
departments and agencies to review all existing regulations to
eliminate those that are outdated and modify others to increase
flexibility and reduce burden. The Department has undertaken a thorough
review of its existing regulations and has identified the regulations
removed by this document as obsolete or unnecessary. Additional
obsolete and unnecessary regulations were previously removed on May 23,
1995 (60 FR 27223) and on April 29, 1996 (61 FR 18680) as part of the
Regulatory Reinvention Initiative.
The regulations being removed are no longer necessary to administer
the program, have been superseded by new legislation, or were issued to
implement a program that is no longer funded. To the extent that
regulations are needed to implement new legislation, they will be
issued separately from this document. Any determination to issue new
regulations will be carefully considered to ensure that it is
consistent with the President's regulatory reform efforts and the
principles in Executive Order 12866.
The Department is continuing to review its other existing
regulations thoroughly in consultation with its customers and partners.
To the extent the Secretary can identify further opportunities for
regulatory reinvention, the Secretary will propose appropriate
amendments to revise or eliminate outdated provisions, reduce burden,
and increase flexibility.
Waiver of Proposed Rulemaking
In accordance with the Administrative Procedure Act (5 U.S.C. 553),
it is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations. However, these
regulations merely reflect statutory changes and remove unnecessary and
obsolete regulatory provisions. Removal of the regulations does not
establish or affect substantive policy. Therefore, the Secretary has
determined, pursuant to 5 U.S.C. 553(b)(B), that public comment is
unnecessary and contrary to the public interest. For the same reasons
the Secretary waives the 30-day delayed effective date in 5 U.S.C
553(d).
Paperwork Reduction Act of 1980
These regulations have been examined under the Paperwork Reduction
Act of 1980 and have been found to contain no information collection
requirements.
Assessment of Educational Impact
Based on its own review, the Department has determined that the
regulations in this document do not require transmission of information
that is being gathered by or is available from any other agency or
authority of the United States.
List of Subjects
34 CFR Part 639
College and universities, Grant programs-education, Law.
34 CFR Part 651
Colleges and universities, Grant programs-education, Law.
34 CFR Part 652
Grant programs-education, Science and technology, Student aid.
34 CFR Part 667
Colleges and universities, Grant programs-education, Student aid.
(Catalog of Federal Domestic Assistance numbers do not apply.)
Dated: June 19, 1996.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
For reasons stated in the preamble, under the authority at 20
U.S.C. 1221e-3, the Secretary amends Title 34 of the Code of Federal
Regulations by removing Parts 639, 651, 652, and 667.
PARTS 639, 651, 652 and 667--[REMOVED]
[FR Doc. 96-16082 Filed 6-24-96; 8:45 am]
BILLING CODE 4000-01-P
Complete official Federal Register PDF
FR Doc. 96-16052 Radio Broadcasting Services; Las Vegas, NM
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Page 32706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16052]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-161; RM-8709]
Radio Broadcasting Services; Las Vegas, NM
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of William R. Sims, allots
Channel 244A to Las Vegas, New Mexico, as the community's third local
commercial FM service. See 60 FR 55821, November 3, 1995. Channel 244A
can be allotted to Las Vegas in compliance with the Commission's
minimum distance separation requirements without the imposition of a
site restriction, at coordinates 35-36-00 North Latitude; 105-13-00
West Longitude. With this action, this proceeding is terminated.
DATES: Effective July 29, 1996. The window period for filing
applications will open on July 29, 1996, and close on August 29, 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. 95-161, adopted April 12, 1996, and
released June 14, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractor, International Transcription Service,
Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, DC
20037.
List of Subjects in 47 CFR Part 73
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: Secs. 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 New Mexico,
is amended by adding Channel 244A at Las Vegas.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-16052 Filed 6-24-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-16034 Redesignation of Emergency Livestock Assistance Regulations
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32643-32644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16034]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1439 and 1475
Redesignation of Emergency Livestock Assistance Regulations
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule redesignates the Emergency Livestock
Assistance Regulations from part 1475 to part 1439 as part of an
overall agency effort to reorganize chapter XIV of this title.
[[Page 32644]]
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Leona Dittus, Director, Emergency and
Noninsured Assistance Program Division, FSA, USDA, AG Box 0526, P.O.
Box 2415, Washington, D.C. 20013-2415, Telephone (202) 720-3168.
SUPPLEMENTARY INFORMATION:
Background
This rule redesignates the Emergency Livestock Assistance
Regulations from Part 1475 to Part 1439 as part of an overall agency
effort to combine and unify CCC regulations into easily identifiable
parts. No changes in the text are being made.
List of Subjects in 7 CFR Parts 1439 and 1475
Eligibility requirements, emergency assistance, and reporting and
recordkeeping requirements.
Accordingly, under the authority 7 U.S.C. 1427 and 1471 (i)-(j) and
15 U.S.C. 714(b) and 714(c), 7 CFR part 1475 is redesignated as 7 CFR
part 1439 and all internal references to part 1475 are revised to
reflect new part 1439 designations.
Signed at Washington, D.C. on June 17, 1996.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 96-16034 Filed 6-24-96; 8:45am]
BILLING CODE 3410-05-P
Complete official Federal Register PDF
FR Doc. 96-15970 Public Financial Disclosure, Conflicts of Interest, and Certificates of Divestiture for Executive Branch Officials
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32633-32636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15970]
========================================================================
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. 123 / Tuesday, June 25, 1996 / Rules
and Regulations
[[Page 32633]]
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2634
RIN 3209-AAO6
Public Financial Disclosure, Conflicts of Interest, and
Certificates of Divestiture for Executive Branch Officials
AGENCY: Office of Government Ethics (OGE).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Government Ethics is adopting as final, with
certain amendments, interim rules issued in 1990 implementing a
provision of the Ethics Reform Act of 1989, as amended, which provides
for tax deferral in appropriate cases involving the sale of property to
comply with conflict of interest requirements. The regulation sets
forth OGE's procedure for issuing Certificates of Divestiture
authorizing such sales, and defines the permitted property into which
the proceeds from such sales must be reinvested. The amendments being
made in this rulemaking document reflect certain technical amendments
to the underlying statutory provision and some other changes based on
OGE's experience under, as well as the comments received on, the
interim regulation.
EFFECTIVE DATE: July 25, 1996.
FOR FURTHER INFORMATION CONTACT: Norman B. Smith, Office of Government
Ethics, Suite 500, 1201 New York Avenue, NW., Washington, DC 20005-
3917; telephone: 202-208-8000; FAX: 202-208-8037.
SUPPLEMENTARY INFORMATION:
A. Review of Statutory Change, Comment Letters and Rule Changes
The Office of Government Ethics published an interim regulation on
April 18, 1990 at 55 FR 14407-14409 establishing procedures with
respect to the issuance of Certificates of Divestiture, which permit
the nonrecognition of gain upon the disposition of property to comply
with conflicts of interest requirements. That regulation is codified at
subpart J of 5 CFR part 2634 of OGE's executive branch financial
disclosure regulations. Section 1043 of the Internal Revenue Code of
1986, 26 U.S.C. 1043, was enacted as part of the Ethics Reform Act of
1989 (Public Law 101-194). Pursuant to section 1043, the subpart J
regulation provides that OGE can issue a Certificate of Divestiture
with respect to specific property, pursuant to the procedures
specified, based upon a determination that such divestiture by an
executive branch official (or spouse or minor/dependent child thereof)
is reasonably necessary to comply with 18 U.S.C. 208, or any other
Federal conflict of interest statute, regulation, rule or Executive
order, or is requested by a congressional committee as a condition of
confirmation, in the case of an ``eligible person'' as defined in the
rule. The regulation also defines ``permitted property'' into which the
proceeds from divestitures must be reinvested.
The Federal purpose reflected in section 1043 of the Internal
Revenue Code and these rules is to minimize the burden of Government
service resulting from gain on the sale of assets for which divestiture
is reasonably necessary because of the conflict of interest laws, in
order to attract and retain desirable personnel in the executive branch
and to ensure the confidence of the public in the integrity of
Government officials and the Government's decisional processes within a
framework of procedural fairness achieved through consistent
application of the mandatory procedure.
The Office of Government Ethics is now adopting the interim
Certificate of Divestiture regulation as final, with a few revisions as
discussed herein. First, one change reflects the inclusion of certain
trustees as eligible persons as set forth in new paragraph (d) of
Sec. 2634.1002. The May 1990 Technical Corrections to the Ethics Reform
Act of 1989 (Pub. L. 101-280) added a new subsection (b)(5) to section
1043 of the Internal Revenue Code of 1986, which expanded that
section's definition of ``eligible person'' in subsection (b)(1) of
section 1043 to include any trustee of a trust with respect to which a
beneficial interest in property or income is either held by, or
attributable through a spouse or minor or dependent child by Federal
ethics principles to, a Government official.
The legislative history of this provision evidences that the House
Committee on Ways and Means did not intend through this amendment that
the tax benefits of the section's nonrecognition mechanism would be
generally available to beneficiaries of a trust other than those
referred to in subsection (b)(1) (A) and (B) of section 1043 (that is
the Government official and any spouse and minor and dependent
children). The concern was that there may be additional parties who are
beneficiaries of a trust who would obtain an unintended benefit.
It is understood that the committee's intent was that the Office of
Government Ethics' authority to issue Certificates of Divestiture be
restricted as follows. A certificate will not be issued unless the
parties take those actions which, in the opinion of the OGE Director,
are appropriate to exclude parties in addition to those referred to in
subsection (b)(1) (A) and (B) of section 1043 from participation in the
nonrecognition mechanism. Such measures may include, as permitted by
applicable State trust and estate law, division of the trust into
separate portfolios, special distributions, dissolution of the trust,
or any other method deemed by the Director, in his sole discretion, to
be feasible under the facts and circumstances to exclude additional
parties from benefiting from the nonrecognition mechanism.
In view of the further analysis which must be undertaken by the
Office of Government Ethics in the case of a Certificate of Divestiture
request with respect to a trustee, it is now to be expressly required,
in new paragraph (d) of Sec. 2634.1002, that the case materials
furnished to the Office of Government Ethics include a copy of the
trust instrument, full details as to its current portfolio, and a
memorandum analyzing all beneficial interests in principal and income.
To the extent that there may be additional parties with beneficial
interests, the Office of Government Ethics may consult with
representatives of the Government official, trustee, and other
concerned parties, as appropriate, in order to resolve the issues
presented.
[[Page 32634]]
As a general premise, it must be emphasized that the section 1043
mechanism applies to capital assets (as defined by section 1221 of the
Internal Revenue Code, 26 U.S.C. 1221) held by an eligible individual
(as defined by section 1043(b)). Not all transactions or occurrences
which result in the realization of gain by an eligible individual fall
within the statutory scheme. Some transactions and occurrences simply
do not fit the statutory requirements, others may present instances
where certification would give an unfair or unintended benefit.
In this connection, the issues involved in requests for
Certificates of Divestiture involving interests in pension, profit-
sharing, and stock bonus plans are subject to considerable subtlety and
complexity. With respect to such employee benefit plans, such an unfair
and unintended benefit would occur upon certification of property held
or received during one step of a sequence in avoidance of transferring
an otherwise qualifying rollover distribution to an eligible retirement
plan within 60 days. In other words, certificates may not be used to
achieve a tax advantaged removal of employee benefit plan funds from
the rules which normally pertain to such plans in cases where no
capital gains tax would be imposed if those rules were followed.
Accordingly, in the absence of a demonstration that an interest in
an employee benefit plan is not eligible for rollover treatment, a
certificate will not be issued with respect to such an interest. Such a
demonstration must satisfy the Office of Government Ethics that the
plan administrator cannot make a qualifying distribution in the case of
the eligible person to which the provisions of section 402(f) of the
Internal Revenue Code, 26 U.S.C. 402(f), would apply and that the
particular property interest proposed for certification falls within
the statutory scheme of section 1043 of such Code.
The rules pertaining to these concerns are contained in new
paragraph (e) of Sec. 2634.1002 to guard against unfair and unintended
benefits. The paragraph also specifies that a certificate will not be
issued with respect to the exercise of stock options that will result
in compensation income. Further, the paragraph states that a
certificate will not be issued after the normally applicable three-
month period for complying with an ethics agreement with respect to
divestiture (or any extension of such period to which the Office of
Government Ethics has concurred in writing), and that in order for a
certificate to be granted, the parties must also agree to divest all
similar or related interests in property. The statement of materials to
be submitted with a certificate request has been clarified to ensure
that adequate information is received with respect to additional
interests in the case of executive branch employees who do not normally
file financial disclosure reports (see Sec. 2634.1002(b)(1)(ii)(B)).
Finally, a new provision has been added to specify that a certificate
will not be issued as to property acquired under improper circumstances
(see Sec. 2634.1002(e)(6)).
The Office of Government Ethics received comments from three
agencies on its April 1990 interim rules. Paragraph (b)(1)(v) of
Sec. 2634.1002 is being revised pursuant to the suggestion of one
agency that the documentation required to substantiate the request of a
congressional committee that specific property be divested conform to
the types of materials more readily available in such circumstances.
That provision has been expanded to include as appropriate
documentation a letter to the committee containing a promise from the
nominee to divest specified property in accordance with the committee's
request or, alternatively, a transcript of congressional testimony
containing such a commitment by the nominee pursuant to the committee's
request. The agency also urged that paragraph (c)(2) of Sec. 2634.1002
be expanded to include within the definition of eligible person the
spouse and children of any officer or employee referred to in paragraph
(c)(1) of that provision whose ownership of property is attributable to
such officer or employee by a congressional committee. However, such an
expansion of the scope of this provision would exceed the statutory
coverage of Internal Revenue Code section 1043(b)(1)(B) and is,
therefore, impermissible. On the other hand, it would seem that in most
situations where this concern would arise divestiture would appear
reasonably necessary to comply with Executive Order 12674 (as modified
by E.O. 12731) on Principles of Ethical Conduct for Government Officers
and Employees and regulations pursuant to such order, including 5 CFR
part 2635 and any supplemental agency regulations. Accordingly, the
appropriate statutory basis for the issuance of a Certificate of
Divestiture would exist in the vast majority of situations which can be
anticipated.
One agency observed that the concept of ``investment fund'' as
defined for purposes of Internal Revenue Code section 1043 contrasts
with that found in section 102(f)(8) of the Ethics in Government Act, 5
U.S.C. appendix, section 102(f)(8). The concern was further expressed
that a third concept of investment fund may exist under 18 U.S.C. 208
with respect to the consideration of waivers under subsection (b) of
that provision. However, such types of distinctions are normally
encountered in legislative materials. The definition which appears in
Sec. 2634.1003 of the Certificate of Divestiture regulation is in
accordance with the statutory scheme of section 1043 of the Internal
Revenue Code. In any forthcoming regulations, the Office of Government
Ethics will continue to achieve such harmony and uniformity in ethics
program rules as is permitted by applicable statutes and their
legislative histories.
One agency criticized the regulations for not specifying the time
by which a divestiture must occur after a Certificate of Divestiture
has been issued, or the time by which a rollover must be completed. The
agency stated further that an eligible person is not given any guidance
as to how to associate the certificate with tax return material, and
that he should not be required to use a certificate that has been
issued to him.
First, while the availability of Certificates of Divestiture will
be important to persons who receive them, the primary focus of the
ethics program should be on the ethics agreement mechanism of subpart H
of 5 CFR part 2634 (or a similarly structured agreement for any
eligible nonreporting individual seeking a certificate). There should
not be a request for a Certificate of Divestiture in cases in which
there is not a binding ethics agreement to divest property pursuant to
the procedures specified by subpart H (or under a similarly structured
arrangement), normally within three months unless an extension is
granted. Such an agreement should include a specification of the time
by which divestiture is to occur. The time specified may be in terms of
a formula such as ``thirty days after the issuance of a Certificate of
Divestiture by the Office of Government Ethics, but not later than
____________________''. New paragraph (e)(4) of Sec. 2634.1002 will now
provide that, in the case of an agreement to implement a divestiture
required by statute, regulation, rule, or executive order, the normal
three-month period will be deemed to start no later than 10 days after
such requirement becomes applicable. However, it must be realized that
section 1043 is essentially a tax matter. Except for those specifics
described as the scope of these regulations in paragraph (b) of
Sec. 2634.1001, which is being revised to take note of the 60-day
period for
[[Page 32635]]
qualified rollovers and the types of permitted property into which such
rollovers are to be made (United States obligations and diversified
investment funds as defined in Sec. 2634.1003) under the statute, 26
U.S.C. 1043 (a) and (b)(3), other aspects of the availability and use
of section 1043 and the certificates issued pursuant to its mechanism
are the responsibility of the Internal Revenue Service and beyond the
authorities delegated to the Office of Government Ethics.
Finally, OGE is also clarifying a few passages in the rule,
including adding an express statement (at Sec. 2634.1002(b)(1)(i)) that
a certificate cannot be issued for property which has already been
divested, and is revising the authority citation for the entire part
2634 regulation to ensure inclusion once more of reference to 26 U.S.C.
1043, which was inadvertently omitted in the 1995 edition of the CFR.
B. Matters of Regulatory Procedure
Executive Order 12866
In promulgating this final rule issuance, the Office of Government
Ethics adhered to the regulatory philosophy and the applicable
principles of regulation set forth in section 1 of Executive Order
12866, Regulatory Planning and Review. This final rule has also been
reviewed by the Office of Management and Budget under that Executive
order.
Regulatory Flexibility Act
As Director of the Office of Government Ethics, I certify under the
Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final
regulation will not have a significant economic impact on a substantial
number of small entities because it only affects certain financial
interests of executive branch employees and their immediate families.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because this regulatory issuance does not contain any additional
information collection requirements that require the approval of the
Office of Management and Budget.
List of Subjects in 5 CFR Part 2634
Administrative practice and procedure, Certificates of divestiture,
Conflict of interests, Financial disclosure, Government employees,
Penalties, Privacy, Reporting and recordkeeping requirements, Trusts
and trustees.
Approved: April 18, 1996.
Stephen D. Potts,
Director, Office of Government Ethics.
Accordingly, for the reasons set forth in the preamble, the Office
of Government Ethics is adopting the interim regulation codified at
subpart J of 5 CFR part 2634, published at 55 FR 14407- 14409 (April
18, 1990), as a final regulation with the following amendments:
PART 2634--[AMENDED]
1. The authority citation for part 2634 is revised to read as
follows:
Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26
U.S.C. 1043; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as
modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.
Subpart J--Certificates of Divestiture
2. Paragraph (b) of Sec. 2634.1002 is amended by revising the
second sentence and adding a new third sentence to read as follows:
Sec. 2634.1001 Nonrecognition for sales to comply with conflict of
interest requirements; general considerations.
* * * * *
(b) Scope. * * * The rules of this subpart relate to the issuance
of Certificates of Divestiture and the permitted property into which a
reinvestment must be made during the 60-day period beginning on the
date of such a sale in order for nonrecognition to be permitted. Such
reinvestments are called rollovers, and are limited to obligations of
the United States and diversified investment funds as defined in
Sec. 2634.1003. * * *
* * * * *
3. Section 2634.1002 is amended by revising paragraphs (b)(1)(i),
(b)(1)(ii), (b)(1)(iv)(B), (b)(1)(v), and (c), and adding new
paragraphs (d) and (e) to read as follows:
Sec. 2634.1002 Issuance of Certificates of Divestiture.
* * * * *
(b) Procedural requirements--(1) Required submissions. * * *
(i) A copy of a written request from the eligible person who is to
divest the property (a Certificate of Divestiture cannot be issued for
property which has already been divested) to the designated agency
ethics official to pursue certification in the case of the property to
be divested, which includes:
(A) A commitment to complete the divestiture on or before a
specified date which is no later than the end of the three-month period
referred to by Sec. 2634.802(b) (or a similarly structured agreement in
any case to which paragraph (b)(1)(ii)(B) of this section applies), or
any extension thereof granted, or concurred with in writing, by the
Office of Government Ethics; and
(B) Full and complete information concerning the facts and
circumstances relating to the acquisition of such property and its
contemplated divestiture;
(ii) In the case of an individual referred to in paragraph (c)(1)
of this section who:
(A) Is required by the rules of this part or this title, to file a
financial disclosure report, a copy of the latest report which has been
filed; or
(B) Is not required to file a report referred to in paragraph
(b)(1)(ii)(A) of this section, a memorandum from such individual which
discloses the information with respect to the specification of
interests in property, income, liabilities, agreements and
arrangements, and outside positions which are required to be disclosed
on such a report;
* * * * *
(iv) * * *
(B) Analysis and opinion from such designated agency ethics
official concerning the application of the rules of this part in the
case of the proposed certification, including specification of the date
on which the three-month period referred to by Sec. 2634.802(b) (or a
similarly structured agreement in any case to which paragraph
(b)(1)(ii)(B) of this section applies), or any extension thereof
granted, or concurred with in writing, by the Office of Government
Ethics, will lapse; and
(v) In lieu of the materials described in paragraph (b)(1)(iv) of
this section, in the case of the contemplated divestiture of specific
property pursuant to the request of a congressional committee as a
condition of confirmation, such materials shall include the written
acknowledgement of the Chairman of such committee of such request, a
letter to the committee containing a promise from the nominee to divest
specified property in accordance with such request, or a transcript of
congressional testimony containing such a commitment by the nominee
pursuant to such request.
* * * * *
(c) Eligible person. For purposes of section 1043 and this subpart,
the term ``eligible person'' includes:
(1) Any officer or employee of the executive branch of the Federal
Government, except a person who is a special Government employee as
defined in 18 U.S.C. 202;
(2) The spouse and any minor or dependent child of an individual
[[Page 32636]]
referred to in paragraph (c)(1) of this section whose ownership of
property required to be divested is attributable to such person by 18
U.S.C. 208, or any other Federal conflict of interest statute,
regulation, rule, or executive order; and
(3) Any trustee holding property in trust required to be divested
in which:
(i) An individual referred to in paragraph (c)(1) of this section
has a beneficial interest in principal or income; or
(ii) A spouse or any minor or dependent child of an individual
referred to in paragraph (c)(2) of this section has a beneficial
interest in principal or income which is attributable to a person
referred to in paragraph (c)(1) of this section by 18 U.S.C. 208, or
any other Federal conflict of interest statute, regulation, rule, or
executive order.
(d) Special rules in the case of a trustee who is an eligible
person. (1) Notwithstanding any other rule of this subpart, in the case
of a trustee who is an eligible person pursuant to paragraph (c)(3) of
this section, a Certificate of Divestiture will not be issued unless
the parties take those actions which, in the opinion of the Director of
the Office of Government Ethics, are appropriate to exclude parties in
addition to those referred to in paragraph (c) (1) and (2) of this
section from participation in the nonrecognition mechanism. Such
measures may include, as permitted by applicable State trust and estate
law, division of the trust into separate portfolios, special
distributions, dissolution of the trust, or any other method deemed by
the Director, in his sole discretion, to be feasible under the facts
and circumstances to exclude additional parties from benefiting from
the nonrecognition mechanism.
(2) In view of the further analysis which must be undertaken by the
Office of Government Ethics in the case of a Certificate of Divestiture
request with respect to a trustee, the required submissions in such a
case shall include in addition to the materials described in paragraph
(b)(1) of this section, a copy of the trust instrument, full details as
to its current portfolio, and a memorandum analyzing all beneficial
interests in principal and income. To the extent that there may be
additional parties with beneficial interests, the staff of the Office
of Government Ethics may consult with representatives of the Government
official, trustee, and other concerned parties, as appropriate, in
order to resolve the issues presented in light of the principles
described in paragraph (d)(1) of this section.
(e) Special rules in the case of employees; unfair and unintended
benefits--(1) In general. Notwithstanding any other rule of this
subpart, a Certificate of Divestiture will not be issued in any case in
which, in the opinion of the Director of the Office of Government
Ethics, in his sole discretion, an unfair or unintended benefit would
be conferred on an eligible person. Paragraphs (e)(2) through (g)(6) of
this section give examples of the application of the general rule of
this paragraph (e)(1).
(2) Employee benefit plans. With respect to interests in pension,
profit-sharing, stock bonus and other employee benefit plans, such an
unfair or unintended benefit would occur upon certification of property
held or received during one step of a sequence in avoidance of
transferring an otherwise qualifying rollover distribution to an
eligible retirement plan within 60 days. In other words, Certificates
of Divestiture may not be used to achieve a tax advantaged removal of
employee benefit plan funds from the rules which normally pertain to
such plans in cases where no capital gains tax would be imposed if
those rules were followed. Accordingly, in the absence of a
demonstration that an interest in an employee benefit plan is not
eligible for rollover treatment, a certificate will not be issued with
respect to such an interest. Such a demonstration must satisfy the
Office of Government Ethics that the plan administrator cannot make a
qualifying distribution in the case of the eligible person to which the
provisions of section 402(f) of the Internal Revenue Code of 1986 would
apply and that the particular property interest proposed for
certification falls within the statutory scheme.
(3) Certain property received as compensation for services. Such an
unfair and unintended benefit would occur upon certification of
property received as compensation for services, the gain from which
would otherwise be treated as earned income. For example, with respect
to the contemplated exercise of a stock option granted by an employer,
such an unfair and unintended benefit would occur upon certification if
such exercise or the sale of the resultant stock would otherwise result
in earned income to the employee.
(4) Nontimely divestitures. With respect to any contemplated
divestiture, such an unfair or unintended benefit would occur upon
certification after the three-month period referred to by
Sec. 2634.802(b) (or a similarly structured agreement in any case to
which paragraph (b)(1)(ii)(B) of this section applies) has lapsed,
unless there is an extension of time in a case of unusual hardship as
determined pursuant to such section by the Office of Government Ethics
or the designated agency ethics official (with the written concurrence
of the Office of Government Ethics). In the case of such an agreement
to implement a divestiture required by statute, regulation, rule, or
executive order, such three-month period shall be deemed, for purposes
of this subpart, to have started no later than 10 days after such
requirement had become applicable.
(5) Similar or related interests. With respect to any contemplated
divestiture, such an unfair or unintended benefit would occur unless
all similar or related interests in property were also subject to a
divestiture commitment.
(6) Property acquired under improper circumstances. With respect to
any contemplated divestiture, such an unfair advantage or unintended
benefit would occur if the property was acquired at a time when the
holding of such property was prohibited by any law or regulation or
under circumstances which otherwise would create the appearance of a
conflict with the conscientious performance of governmental
responsibilities.
[FR Doc. 96-15970 Filed 6-24-96; 8:45 am]
BILLING CODE 6345-01-P
Complete official Federal Register PDF
FR Doc. 96-15969 Agreements for the Development of Foreign Markets for Agricultural Commodities; Correction
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Page 32644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15969]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1485
RIN 0551-AA24
Agreements for the Development of Foreign Markets for
Agricultural Commodities; Correction
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Correcting amendments.
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SUMMARY: This document contains corrections to the final regulations
which were published Wednesday, February 1, 1995 (60 FR 6352). The
regulations implement the Market Promotion Program authorized by the
section 203 of the Agricultural Trade Act of 1978.
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT:
Sharon L. McClure or Denise Fetters at (202) 720-5521.
SUPPLEMENTARY INFORMATION:
Background
On February 1, 1995, the CCC published final rules at 60 FR 6352
governing the MPP. These new rules were applicable beginning with a
participant's 1995 marketing year. Following publication, CCC
participated with interested parties in five information sessions
designed to familiarize participants with the new regulations and offer
participants an additional opportunity to identify problem areas.
Several errors were noted in these discussions while others were
identified by participants during the course of the 1995 program year.
The errors are as follows: In the preamble to the final rule, CCC
explained that it considered an expense to be ``incurred'' as of the
date a participant or third party transfers funds to pay for an
expenditure. However, the use of this term remains somewhat confusing
and, therefore, CCC is replacing all occurrences of the word
``incurred'' with terms or phrases that better reflect the intent of
the regulations. Section 1485.14(a) is amended to refer to
``maintaining'' export markets in addition to developing and expanding
export markets. The final rule erroneously omitted a reference to a
transfer being made by a third party. The preamble to the final rule
states that such transfer could be made either by the participant or a
third party. Section 1485.16(a)(2) is amended to include reference to a
``third party'' transferring funds to pay for the expenditure. The
prohibition on reimbursing costs for ``travel in the United States
unless in transit to or from a foreign country in which travel is not
restricted'' found in Sec. 1485.16(d)(27) would be deleted from the
final rule because CCC does, in fact, allow expenditures on travel
associated with trade shows, seminars, and educational training
conducted in the United States as specified in Sec. 1485.16(c)(25). CCC
inadvertently used incorrect terminology in Sec. 1485.20(a)(1). The
phrase ``generally accepted principles and standards of accounting'' is
replaced with ``generally accepted accounting principles''.
Need for Correction
As published, the final regulations contain errors which may prove
to be misleading and are in need of clarification.
List of Subjects in 7 CFR Part 1485
Agricultural commodities, Exports.
Accordingly, 7 CFR Part 1485 is corrected by making the following
correcting amendments:
PART 1485--AGREEMENTS FOR THE DEVELOPMENT OF FOREIGN MARKETS FOR
AGRICULTURAL COMMODITIES
1. The authority citation for part 1485 continues to read as
follows:
Authority: 7 U.S.C. 5623, 5662-5664 and sec. 1302, Pub. L. 103-
66, 107 Stat. 330.
Sec. 1485.11 [Corrected]
2. In section 1485.11, paragraph (i), the word ``incurred'' is
revised to read ``expenditure made by a participant''.
3. In section 1485.11, paragraph (gg), the phrase ``cost incurred''
is revised to read ``expenditure made''.
Sec. 1485.13 [Corrected]
4. In section 1485.13, paragraph (c)(1)(i), the phrase ``Such costs
will be incurred as part'' is revised to read ``Expenditures will be
made in furtherance''.
4A. In section 1485.13, paragraph (c)(3)(i), the word ``incurred''
is revised to read ``expenditures made''.
Sec. 1485.14 [Corrected]
5. In section 1485.14, paragraph (a), in the first sentence, the
word ``maintaining'' is added after the word ``developing''.
Sec. 1485.16 [Corrected]
6. In section 1485.16, paragraph (a)(2), the phrase ``or third
party'' is added after the word ``participant''.
7. In section 1485.16, paragraph (d)(27) is removed and reserved.
8. In section 1485.16, paragraph (d)(29), the word ``incurred'' is
revised to read ``made''.
Sec. 1485.20 [Corrected]
9. In section 1485.20, paragraph (a)(1), the phrase ``generally
accepted principles and standards of accounting'' is revised to read
``generally accepted accounting principles''.
10. In section 1485.20, paragraph (a)(3)(iii), the word
``incurred'' is revised to read ``made''.
Sec. 1485.23 [Corrected]
11. In section 1485.23, paragraph (a)(2), in the second sentence,
the phrase ``incurred in'' is revised to read ``for''.
Signed at Washington, DC, on June 14, 1996.
August Schummacher, Jr.,
Administrator, Foreign Agricultural Service and Vice President,
Commodity Credit Corporation.
[FR Doc. 96-15969 Filed 6-24-96; 8:45 am]
BILLING CODE 3410-05-M
Complete official Federal Register PDF
FR Doc. 96-15961 Statement of the Availability of Information to the Public
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32644-32646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15961]
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[[Page 32645]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Part 2018
Statement of the Availability of Information to the Public
AGENCIES: Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The issuing agencies amend the statement of availability of
information to the public. Agency names, addresses, and some of the job
position titles in the field structure have been changed to reflect the
reorganization of the United States Department of Agriculture (USDA).
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Dorothy Hinden, Freedom of Information
Officer, Support Services Division, Rural Development, Room 0162, South
Agriculture Building, 14th and Independence Avenue, S.W., Washington,
DC 20250-1533, Telephone (202) 720-9638.
SUPPLEMENTARY INFORMATION:
Classification
This action has been reviewed under USDA procedures which implement
Executive Order 12886. The action is exempt from the requirements of
that Executive Order because it involves only internal agency
management. While it is USDA policy to publish for comment rules
relating to public property, loans, grants, benefits, or contracts
notwithstanding the exemption in 5 U.S.C. 553 with respect to such
rules, this action involves only internal agency management. Therefore,
publication for comment is unnecessary.
Background
Former subpart F of part 2018 of Title 7 of the Code of Federal
Regulations dealt with the availability of information to the public
from Farmers Home Administration (FmHA). FmHA is no longer in
existence. Hence, this document removes references to FmHA and replaces
them with information to reflect changes made by the Department of
Agriculture Reorganization Act of 1994. Due to the reorganization of
USDA, FmHA Farmer Programs are now being administered as Farm Credit
Programs by the Farm Service Agency (FSA). FmHA Rural Housing and
Community Facilities programs are administered by the Rural Housing
Service (RHS), Water and Waste programs are administered by the Rural
Utilities Service (RUS), and Business and Industry programs are
administered by the Rural Business-Cooperative Service (RBS). The
affected agencies are jointly issuing this final rule. The following
agencies all come under Rural Development: RHS, RUS, and RBS.
List of Subjects in 7 CFR Part 2018
Administrative practice and procedure, Freedom of information.
Accordingly, part 2018, chapter XVIII, title 7, Code of Federal
Regulations is amended as follows:
PART 2018--GENERAL
1. The authority citation for part 2018 continues to read as
follows:
Authority: 5 U.S.C. 552.
2. Subpart F of part 2018 is revised to read as follows:
Subpart F--Availability of Information
Sec.
2018.251 General statement.
2018.252 Public inspection and copying.
2018.253 Indexes.
2018.254 Requests for records.
2018.255 Appeals.
2018.256-2018.300 [Reserved]
Subpart F--Availability of Information
Sec. 2018.251 General statement.
In keeping with the spirit of the Freedom of Information Act
(FOIA), the policy of Rural Development and its component agencies,
Rural Housing Service (RHS), Rural Utilities Service (RUS), and Rural
Business-Cooperative Service (RBS), governing access to information is
one of nearly total availability, limited only by the countervailing
policies recognized by the FOIA.
Sec. 2018.252 Public inspection and copying.
Facilities for inspection and copying are provided by the Freedom
of Information Officer (FOIO) in the National Office, by the State
Director in each State Office, by the Rural Development Manager
(formerly, District Director) in each District Office, and by the
Community Development Manager (formerly, County Supervisor) in each
County Office. A person requesting information may inspect such
materials and, upon payment of applicable fees, obtain copies. Material
may be reviewed during regular business hours. If any of the Rural
Development materials requested are not located at the office to which
the request was made, the request will be referred to the office where
such materials are available.
Sec. 2018.253 Indexes.
Since Rural Development does not maintain any materials to which 5
U.S.C. 552(a)(2) applies, it maintains no indexes.
Sec. 2018.254 Requests for records.
Requests for records are to be submitted in accordance with 7 CFR
1.3 and may be made to the appropriate Community Development Manager,
Rural Development Manager, State Administrative Management Program
Director (formerly, State Administrative Officer), State Director,
Freedom of Information/Privacy Act Specialist, or Freedom of
Information Officer. The last two positions are located in the Rural
Development Support Services Division, Washington, DC 20250. The phrase
``FOIA REQUEST'' should appear on the outside of the envelope in
capital letters. The FOIA requests under the Farm Credit Programs
(formally FmHA Farmer Programs) should be forwarded to the Farm Service
Agency (FSA), Freedom of Information Officer, Room 3624, South
Agriculture Building, 14th & Independence Avenue, SW., Washington, DC
20250-0506. Requests should be as specific as possible in describing
the records being requested. The FOIO, Freedom of Information/Privacy
Act Specialist, each State Administrative Management Program Director,
each State Director, each Rural Development Manager, and each Community
Development Manager are delegated authority to act respectively at the
national, state, district, or county level on behalf of Rural
Development to:
(a) Deny requests for records determined to be exempt under one or
more provisions of 5 U.S.C. 552(b);
(b) Make discretionary releases (unless prohibited by other
authority) of such records when it is determined that the public
interests in disclosure outweigh the public and/or private ones in
withholding; and
(c) Reduce or waive fees to be charged where determined to be
appropriate.
Sec. 2018.255 Appeals.
If all or any part of an initial request is denied, it may be
appealed in accordance with 7 CFR 1.7 to that particular Agency
possessing the documents. Please select the appropriate Agency to
forward your FOIA appeal from the following addresses: Administrator,
Rural Housing Service, Room 5014, AG Box 0701, 14th & Independence
Avenue, S.W.--South Building, Washington, DC 20250-0701; Administrator,
Rural Business-
[[Page 32646]]
Cooperative Service, Room 5045, AG Box 3201, 14th & Independence
Avenue, S.W.--South Building, Washington, DC 20250-3201 and
Administrator, Rural Utilities Service, Room 4501, AG Box 1510, 14th &
Independence Avenue, SW.--South Building, Washington, DC 20250-1510.
The phrase ``FOIA APPEAL'' should appear on the front of the envelope
in capital letters.
Secs. 18.256--2018.300 [Reserved]
Dated: June 10, 1996.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 96-15961 Filed 6-24-96; 8:45 am]
BILLING CODE 3410-07-P
Complete official Federal Register PDF
FR Doc. 96-15932 Amendments to Domestic Mail Classification Schedule: Mail Classification Reform, Classification Reform I (MC95-1) and Experimental First-Class and Priority Mail Small Parcel Automation Rate Category (MC96-1)
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32656-32693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15932]
=======================================================================
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POSTAL RATE COMMISSION
39 CFR Part 3001
[Docket Nos. RM96-1, MC95-1 and MC96-1; Order No. 1119]
Amendments to Domestic Mail Classification Schedule: Mail
Classification Reform, Classification Reform I (MC95-1) and
Experimental First-Class and Priority Mail Small Parcel Automation Rate
Category (MC96-1)
AGENCY: Postal Rate Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule sets forth the changes to the Domestic Mail
Classification Schedule (DMCS) and the accompanying rate changes as a
result of recent Governors' Decisions on Recommended Decisions of the
Postal Rate Commission in Docket Nos. MC95-1 and MC96-1. As a result of
Docket No. MC95-1, substantial changes were made in the classification
provisions for postal services to reflect the reformed classification
of mail. Docket No. MC96-1 established experimental automation rate
categories and 4-cent per piece discounts for certain bulk barcoded
First-Class and Priority Mail small parcels entered for processing at
three test sites. For this reason, Appendix A to Subpart C has been
revised in its entirety.
EFFECTIVE DATE: July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, Legal Advisor,
Postal Rate Commission, 1333 H Street, NW, Suite 300, Washington, DC
20268-0001, (202) 789-6820.
SUPPLEMENTARY INFORMATION: On March 24, 1995, the United States Postal
Service, pursuant to its authority under 39 U.S.C 3621 et seq., filed
with the Postal Rate Commission (Commission) a request for a
recommended decision on mail classification reform. The Commission
designated the Postal
[[Page 32657]]
Service request as Docket No. MC95-1 and published a notice in the
Federal Register on April 3, 1995, (60 FR 16888-16893), describing the
Postal Service filing and offering interested participants an
opportunity to intervene. Sixty-eight intervenors and the Commission's
Office of the Consumer Advocate participated. The Commission held
formal, on-the-record hearings, and received testimony from both Postal
Service and intervenor witnesses. Parties filed briefs, reply briefs
and participated in oral argument.
On January 26, 1996, the Commission issued its Opinion and
Recommended Decision in Docket No. MC95-1. The Decision included
recommended revisions to the DMCS. See Docket No. MC95-1 Opinion and
Recommended Decision, January 26, 1996, Appendix Two.
On March 4, 1996, the Governors of the United States Postal
Service, pursuant to their authority under 39 U.S.C. 3625, issued two
separate decisions. In the Decision of the Governors of the United
States Postal Service on the Recommended Decisions of the Postal Rate
Commission on Courtesy Envelope Mail and Bulk Parcel Post, the
Governors rejected the Commission's recommendation for establishing a
``shell'' rate category for prebarcoded Courtesy Envelope Mail and the
recommended language defining Bulk Parcel Post. The Governors rejected
the DMCS language recommendation for Secs. 221.23 (CEM) and Sec. 322.13
(Bulk Parcel Post), and left in effect the current provision for Bulk
Parcel Post, Sec. 400.0202. In the Decision of the Governors of the
United States Postal Service on the Recommended Decision of the Postal
Rate Commission on Classification Reform I, Docket No. MC95-1 the
Governors approved the Commission's recommendations on all other DMCS
provisions and rate changes. July 1, 1996 was set as the effective date
for those changes.
On December 19, 1995, the United States Postal Service, pursuant to
its authority under 39 U.S.C. 3621 et. seq., filed a request with the
Postal Rate Commission for an expedited decision on an experimental
rate category for specific types of First-Class and Priority Mail. The
filing was designated as Docket No. MC96-1 and a notice of the filing,
and a description of the Postal Service proposal, was published in the
Federal Register on December 27, 1995, (60 FR 66999-67000). The notice
established a period for interested participants to intervene. The
Commission determined that the Postal Service request met the
conditions of an experimental offering and established an expedited
schedule for this review.
In accordance with 39 U.S.C. 3624, on March 13, 1996, the
Commission issued its Opinion and Recommended Decision on the Postal
Service's request. The Commission recommended the establishment of the
experimental automation rate category for a two year period and
Appendix Two, Part B, to its Decision contains the DMCS provisions for
this rate category.
On April 8, 1996, the Governors issued a decision accepting the
Recommended Decision of the Postal Rate Commission, and by Resolution
No. 96-3 established April 28, 1996 as the effective date for
implementation. Decision of the Governors of the United States Postal
Service on the Recommended Decision of the Postal Rate Commission on
the Experimental First-Class and Priority Mail Small Parcel Automation
Rate Category, Docket No. MC96-1, April 1, 1996.
The amendments to the DMCS which are published in this order
reflect the Governors' decisions of March 4, 1996 and April 1, 1996.
These revisions are published as a final rule, since procedural
safeguards and ample opportunity for opposition have already been
afforded to all interested persons.
Regulatory Flexibility Act
Pursuant to 5 U.S.C. 605(b) of the Regulatory Flexibility Act, the
Commission certifies that this rulemaking is not expected to have a
significant economic impact on a substantial number of small entities.
Accordingly, regulatory flexibility analysis is not required.
List of Subjects in 39 CFR Part 3001
Administrative practice and procedure, Postal Service.
For reasons set out in the preamble, 39 CFR part 3001 is revised as
follows:
PART 3001--RULES OF PRACTICE AND PROCEDURE
1. The authority citation for part 3001 continues to read as
follows:
Authority: 39 U.S.C. 404(b), 3603, 3622-3624, 3661, 3662.
2. Appendix A to Subpart C--Postal Service Rates and Charges is
revised to read as follows:
Appendix A to Subpart C--Postal Service Rates and Charges
Table of Contents
General Definitions, Terms and Conditions--Sections 1000 through 6030
Classification Schedule 100--Expedited Mail
Sec.
110 Definition
120 Description of Services
121 Same Day Airport Service
122 Custom Designed Service
123 Next Day Service and Second Day Service
130 Physical Limitations
140 Postage and Preparation
150 Deposit and Delivery
151 Deposit
152 Receipt
153 Service
154 Forwarding and Return
160 Ancillary Services
170 Rates and Fees
180 Insurance and Indemnity
181 Insurance Coverage
182 Indemnity Coverage
183 Insurance Claims and Procedures
184 Refunds
Classification Schedule 200--First-Class Mail
Sec.
210 Definition
220 Description of Subclasses
221 Letters and Sealed Parcels Subclass
222 Postal and Post Cards Subclass
223 Priority Mail
230 Physical Limitations
231 Size and Weight
232 Nonstandard Size Mail
240 Postage and Preparation
250 Deposit and Delivery
251 Deposit
252 Service
253 Forwarding and Return
260 Ancillary Services
270 Rates and Fees
280 Authorizations and Licenses
Classification Schedules 300--Standard Mail
Sec.
310 Definition
311 General
312 Printed Matter
313 Written Additions
320 Description of Subclasses
321 Subclasses Limited to Mail Weighing Less Than 16 Ounces
322 Subclasses Limited to Mail Weighing 16 Ounces or More
323 Subclasses with No 16-Ounce Limitation
330 Physical Limitations
331 Size
332 Weight
333 Nonstandard Size Mail
340 Postage and Preparation
341 Postage
342 Preparation
343 Non-Identical Pieces
344 Attachments and Enclosures
350 Deposit and Delivery
351 Deposit
352 Service
353 Forwarding and Return
360 Ancillary Services
361 All Subclasses
[[Page 32658]]
362 Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library Subclasses
370 Rates and Fees
380 Authorizations and Licenses
381 Regular, Enhanced Carrier Route, and Nonprofit Subclasses
382 Special Subclass
383 Parcel Post Subclass
Classification Schedule 400--Periodicals
Sec.
410 Definition
411 General Requirements
412 General Publications
413 Requester Publications
414 Publications of Institutions and Societies
415 Publications of State Departments of Agriculture
416 Foreign Publications
420 Description of Subclasses
421 Regular Subclass
422 [Reserved]
423 Preferred Rate Periodicals
430 Physical Limitations
440 Postage and Preparation
441 Postage
442 Presortation
443 Attachments and Enclosures
444 Identification
445 Filing of Information
446 Enclosures and Supplements
450 Deposit and Delivery
451 Deposit
452 Service
453 Forwarding and Return
460 Ancillary Services
470 Rates and Fees
480 Authorizations and Licenses
481 Entry Authorizations
482 Preferred Rate Authorization
483 Mailing by Publishers and News Agents
434 Fees
Classification Schedule SS-1--Address Correction Service
Classification Schedule SS-2--Business Reply Mail
Classification Schedule SS-3--Caller Service
Classification Schedule SS-4--Certificate of Mailing
Classification Schedule SS-5--Certified Mail
Classification Schedule SS-6--Collect on Delivery Service
Classification Schedule SS-8--Domestic Postal Money Orders
Classification Schedule SS-9--Insured Mail
Classification Schedule SS-10--Post Office Box Service
Classification Schedule SS-11--Mailing List Services
Classification Schedule SS-12--On-Site Meter Setting
Classification Schedule SS-13--Parcel Airlift (PAL)
Classification Schedule SS-14--Registered Mail
Classification Schedule SS-15--Restricted Delivery
Classification Schedule SS-16--Return Receipts
Classification Schedule SS-17--Special Delivery
Classification Schedule SS-18--Special Handling
Classification Schedule SS-19--Stamped Envelopes
Classification Schedule SS-20--Merchandise Return
Rate Schedules
General Definitions, Terms and Conditions
1000 GENERAL DEFINITIONS
As used in this Domestic Mail Classification Schedule, the
following terms have the meanings set forth below.
1001 Advertising
Advertising includes all material for the publication of which a
valuable consideration is paid, accepted, or promised, that calls
attention to something for the purpose of getting people to buy it,
sell it, seek it, or support it. If an advertising rate is charged for
the publication of reading matter or other material, such material
shall be deemed to be advertising. Articles, items, and notices in the
form of reading matter inserted in accordance with a custom or
understanding that textual matter is to be inserted for the advertiser
or his products in the publication in which a display advertisement
appears are deemed to be advertising. If a publisher advertises his own
services or publications, or any other business of the publisher,
whether in the form of display advertising or editorial or reading
matter, this is deemed to be advertising.
1002 Aspect Ratio
Aspect ratio is the ratio of width to length.
1003 Bills and Statements of Account
1003.1 A bill is a request for payment of a definite sum of money
claimed to be owing by the addressee either to the sender or to a third
party. The mere assertion of an indebtedness in a definite sum combined
with a demand for payment is sufficient to make the message a bill.
1003.2 A statement of account is the assertion of the existence of
a debt in a definite amount but which does not necessarily contain a
request or a demand for payment. The amount may be immediately due or
may become due after a certain time or upon demand or billing at a
later date.
1003.3 A bill or statement of account must present the particulars
of an indebtedness with sufficient definiteness to inform the debtor of
the amount he is required to pay to acquit himself of the debt.
However, neither a bill nor a statement of account need state the
precise amount if it contains sufficient information to enable the
debtor to determine the exact amount of the claim asserted.
1003.4 A bill or statement of account is not the less a bill or
statement of account merely because the amount claimed is not in fact
owing or may not be legally collectible.
1004 Girth
Girth is the measurement around a piece of mail at its thickest
part.
1005 Invoice
An invoice is a writing showing the nature, quantity, and cost or
price of items shipped or sent to a purchaser or consignor.
1006 Permit Imprints
Permit imprints are printed indicia indicating postage has been
paid by the sender under the permit number shown.
1007 Preferred Rates
Preferred rates are the reduced rates established pursuant to 39
U.S.C. 3626.
1008 ZIP Code
The ZIP Code is a numeric code that facilitates the sortation,
routing, and delivery of mail.
2000 DELIVERY OF MAIL
2010 Delivery Services
The Postal Service provides the following modes of delivery:
a. Caller service. The fees for caller service are set forth in
Rate Schedule SS-10.
b. Carrier delivery service.
c. General delivery.
d. Post office box service. The fees for post office box service
are set forth in Rate Schedule SS-10.
2020 Conditions of Delivery
2021 General. Except as provided in section 2022, mail will be
delivered as addressed unless the Postal Service is instructed
otherwise by the addressee in writing.
2022 Refusal of Delivery. The addressee may control delivery of
his mail. The addressee may refuse to accept a piece of mail that does
not require a delivery receipt at the time it is offered for delivery
or after delivery by returning it unopened to the Postal Service. For
mail that requires a delivery receipt, the addressee or his
representative may read and copy the name of the sender of registered,
insured, certified, COD, return receipt, and Express Mail prior to
accepting delivery. Upon signing the delivery receipt the piece may not
be returned to the Postal Service without the applicable postage and
fees affixed.
2023 Receipt. If a signed receipt is required, mail will be
delivered to the addressee (or competent member of his
[[Page 32659]]
family), to persons who customarily receive his mail or to one
authorized in writing to receive the addressee's mail.
2024 Jointly Addressed Mail. Mail addressed to several persons may
be delivered to any one of them. When two or more persons make
conflicting orders for delivery for the same mail, the mail shall be
delivered as determined by the Postal Service.
2025 Commercial Mail Receiving Agents. Mail may be delivered to a
commercial mail receiving agency on behalf of another person. In
consideration of delivery of mail to the commercial agent, the
addressee and the agent are considered to agree that:
a. No change of address order will be filed with the post office
when the agency relationship is terminated;
b. When remailed by the commercial agency, the mail is subject to
payment of new postage.
2026 Mail Addressed To Organizations. Mail addressed to
governmental units, private organizations, corporations, unincorporated
firms or partnerships, persons at institutions (including but not
limited to hospitals and prisons), or persons in the military is
delivered as addressed or to an authorized agent.
2027 Held Mail. Mail will be held for a specified period of time
at the office of address upon request of the addressee, unless the
mail:
a. Has contrary retention instructions;
b. Is perishable; or
c. Is registered, COD, insured, return receipt, certified, or
Express Mail for which the normal retention period expires before the
end of the specified holding period.
2030 Forwarding and Return
2031 Forwarding. Forwarding is the transfer of undeliverable-as-
addressed mail to an address other than the one originally placed on
the mail piece. All post offices will honor change of address orders
for a period of time specified by the Postal Service.
2032 Return. Return is the delivery of undeliverable-as-addressed
mail to the sender.
2033 Applicable Provisions. The provisions of sections 150, 250,
350 and 450 apply to forwarding and return.
2034 Forwarding for Postal Service Adjustments. When mail is
forwarded due to Postal Service adjustments (such as, but not limited
to, the discontinuance of the post office of original address,
establishment of rural carrier service, conversion to city delivery
service from rural, readjustment of delivery districts, or renumbering
of houses and renaming of streets), it is forwarded without charge for
a period of time specified by the Postal Service.
3000 POSTAGE AND PREPARATION
3010 Packaging
Mail must be packaged so that:
a. The contents will be protected against deterioration or
degradation;
b. The contents will not be likely to damage other mail, Postal
Service employees or property, or to become loose in transit;
c. The package surface must be able to retain postage indicia and
address markings;
d. It is marked by the mailer with a material which is not readily
water soluble nor which can be easily rubbed off or smeared, and the
marking will be sharp and clear.
3020 Envelopes
Paper used in the preparation of envelopes may not be of a
brilliant color. Envelopes must be prepared with paper strong enough to
withstand normal handling.
3030 Payment of Postage and Fees
Postage must be fully prepaid on all mail at the time of mailing,
except as authorized by law or this Schedule. Except as authorized by
law or this Schedule, mail deposited without prepayment of sufficient
postage shall be delivered to the addressee subject to payment of
deficient postage, returned to the sender, or otherwise disposed of as
prescribed by the Postal Service. Mail deposited without any postage
affixed will be returned to the sender without any attempt at delivery.
3040 Methods for Paying Postage and Fees
Postage for all mail may be prepaid by postage meter, adhesive
stamps, or permit imprint, unless otherwise limited or prescribed by
the Postal Service. The following methods of paying postage and fees
require prior authorization from the Postal Service:
a. Permit imprint,
b. Postage meter,
c. Precanceled stamps, precanceled envelopes, and mailer's
precanceled postmarks.
3050 Authorization Fees
Fees for authorization to use a permit imprint are set forth in
Rate Schedule 1000. No fee is charged for authorization to use a
postage meter. Fees for setting postage meters are set forth in Rate
Schedule SS-12. No fee is charged for authorization to use precanceled
stamps, precanceled envelopes or mailer's precanceled postmark.
3060 Special Service Fees
Fees for special services may be prepaid in any manner appropriate
for the class of mail indicated or as otherwise prescribed by the
Postal Service.
3070 Marking of Unpaid Mail
Matter authorized for mailing without prepayment of postage must
bear markings identifying the class of mail service. Matter so marked
will be billed at the applicable rate of postage set forth in this
Schedule. Matter not so marked will be billed at the applicable First-
Class rate of postage.
3080 Refund of Postage
When postage and special service fees have been paid on mail for
which no service is rendered for the postage or fees paid, or collected
in excess of the lawful rate, a refund may be made. There shall be no
refund for registered, COD, and insured fees when the article is later
withdrawn by the mailer. In cases involving returned articles
improperly accepted because of excess size or weight, a refund may be
made.
3090 Calculation of Postage
When a rate schedule contains per piece and per pound rates, the
postage shall be the sum of the charges produced by those rates. When a
rate schedule contains a minimum-per-piece rate and a pound rate, the
postage shall be the greater of the two. When the computation of
postage yields a fraction of a cent in the charge, the next higher
whole cent must be paid.
4000 POSTAL ZONES
4010 Geographic Units of Area
In the determination of postal zones, the earth is considered to be
divided into units of area thirty minutes square, identical with a
quarter of the area formed by the intersecting parallels of latitude
and meridians of longitude. The distance between these units of area is
the basis of the postal zones.
4020 Measurement of Zone Distances
The distance upon which zones are based shall be measured from the
center of the unit of area containing the dispatching sectional center
facility or multi-ZIP coded post office not serviced by a sectional
center facility. A post office of mailing and a post office of delivery
shall have the same zone relationship as their respective sectional
center facilities or multi-ZIP coded post offices, but this shall not
cause two post offices to be regarded as within the same local zone.
[[Page 32660]]
4030 Definition of Zones
4031 Local Zone. The local zone applies to mail mailed at any post
office for delivery at that office; at any city letter carrier office
or at any point within its delivery limits for delivery by carriers
from that office; at any office from which a rural route starts for
delivery on the same route; and on a rural route for delivery at the
office from which the route starts or on any rural route starting from
that office.
4032 First Zone. The first zone includes all territory within the
quadrangle of entry in conjunction with every contiguous quadrangle,
representing an area having a mean radial distance of approximately 50
miles from the center of a given unit of area. The first zone also
applies to mail between two post offices in the same sectional center.
4033 Second Zone. The second zone includes all units of area
outside the first zone lying in whole or in part within a radius of
approximately 150 miles from the center of a given unit of area.
4034 Third Zone. The third zone includes all units of area outside
the second zone lying in whole or in part within a radius of
approximately 300 miles from the center of a given unit of area.
4035 Fourth Zone. The fourth zone includes all units of area
outside the third zone lying in whole or in part within a radius
approximately 600 miles from the center of a given unit of area.
4036 Fifth Zone. The fifth zone includes all units of area outside
the fourth zone lying in whole or in part within a radius of
approximately 1,000 miles from the center of a given unit of area.
4037 Sixth Zone. The sixth zone includes all units of area outside
the fifth zone lying in whole or in part within a radius of
approximately 1,400 miles from the center of a given unit of area.
4038 Seventh Zone. The seventh zone includes all units of area
outside the sixth zone lying in whole or in part within a radius of
approximately 1,800 miles from the center of a given unit of area.
4039 Eighth Zone. The eighth zone includes all units of area
outside the seventh zone.
4040 Zoned Rates
Except as provided in section 4050, rates according to zone apply
for zone-rated mail sent between Postal Service facilities including
armed forces post offices, wherever located.
4050 APO/FPO Mail
4051 General. Except as provided in section 4052, the rates of
postage for zone-rated mail transported between the United States, or
the possessions or territories of the United States, on the one hand,
and Army, Air Force and Fleet Post Offices on the other, or among the
latter, shall be the applicable zone rates for mail between the place
of mailing or delivery and the city of the postmaster serving the Army,
Air Force or Fleet Post Office concerned.
4052 Transit Mail. The rates of postage for zone-rated mail which
is mailed at or addressed to an armed forces post office and which is
transported directly to or from armed forces post offices at the
expense of the Department of Defense, without transiting any of the 48
contiguous states (including the District of Columbia), shall be the
applicable local zone rate; provided, however, that if the distance
from the place of mailing to the embarkation point or the distance from
the point of debarkation to the place of delivery is greater than the
local zone for such mail, postage shall be assessed on the basis of the
distance from the place of mailing to the embarkation point or the
distance from the point of debarkation to the place of delivery of such
mail, as the case may be. The word ``transiting'' does not include
enroute transfers at coastal gateway cities which are necessary to
transport military mail directly between military post offices.
5000 PRIVACY OF MAIL
5010 First-Class and Express Mail
Matter mailed as First-Class Mail or Express Mail shall be treated
as mail which is sealed against postal inspection and shall not be
opened except as authorized by law.
5020 All Other Mail
Matter not paid at First-Class Mail or Express Mail rates must be
wrapped or secured in the manner prescribed by the Postal Service so
that the contents may be examined. Mailing of sealed items as other
than First-Class Mail or Express Mail is considered consent by the
sender to the postal inspection of the contents.
6000 MAILABLE MATTER
6010 General
Mailable matter is any matter which:
a. Is not mailed in contravention of 39 U.S.C. Chapter 30, or of 17
U.S.C. 109;
b. While in the custody of the Postal Service is not likely to
become damaged itself, to damage other pieces of mail, to cause injury
to Postal Service employees or to damage Postal Service property; and
c. Is not mailed contrary to any special conditions or limitations
placed on transportation or movement of certain articles, when imposed
under law by the U.S. Department of the Treasury; U.S. Department of
Agriculture; U.S. Department of Commerce; U.S. Department of Health and
Human Services, U.S. Department of Transportation; and any other
Federal department or agency having legal jurisdiction.
6020 Minimum Size Standards
The following minimum size standards apply to all mailable matter:
a. All items must be at least 0.007 inches thick, and
b. all items, other than keys and identification devices, which are
0.25 inch thick or less must be
i. rectangular in shape,
ii. at least 3.5 inches in width, and
iii. at least 5 inches in length.
6030 Maximum Size and Weight Standards
Where applicable, the maximum size and weight standards for each
class of mail are set forth in sections 130, 230, 330 and 430.
Additional limitations may be applicable to specific subclasses, and
rate and discount categories as provided in the eligibility provisions
for each subclass or category.
Expedited Mail Classification Schedule
110 DEFINITION
Expedited Mail is mail matter entered as Express Mail in accordance
with the provisions of this Schedule. Any matter eligible for mailing
may, at the option of the mailer, be mailed as Express Mail.
120 Description of Services
121 Same Day Airport Service
Same Day Airport service is available between designated airport
mail facilities.
122 Custom Designed Service
122.1 General. Custom Designed service is available between
designated postal facilities or other designated locations for mailable
matter tendered in accordance with a service agreement between the
Postal Service and the mailer. Service under a service agreement shall
be offered in a manner consistent with 39 U.S.C. 403(c).
122.2 Service Agreement. A service agreement shall set forth the
following:
a. The scheduled place for each shipment tendered for service to
each specific destination;
b. Scheduled place for claim, or delivery, at destination for each
scheduled shipment;
[[Page 32661]]
c. Scheduled time of day for tender at origin and for claim or
delivery at destination.
122.3 Pickup and Delivery. Pickup at the mailer's premises, and/or
delivery at an address other than the destination postal facility is
provided under terms and conditions as prescribed by the Postal
Service.
122.4 Commencement of Service Agreement. Service provided pursuant
to a service agreement shall commence not more than 10 days after the
signed service agreement is tendered to the Postal Service.
122.5 Termination of Service Agreement
122.51 Termination by Postal Service. Express Mail service
provided pursuant to a service agreement may be terminated by the
Postal Service upon 10 days prior written notice to the mailer if:
a. Service cannot be provided for reasons beyond the control of the
Postal Service or because of changes in Postal Service facilities or
operations, or
b. The mailer fails to adhere to the terms of the service agreement
or this schedule.
122.52. Termination by Mailers. The mailer may terminate a service
agreement, for any reason, by notice to the Postal Service.
123 Next Day Service and Second Day Service
123.1 Availability of Services. Next Day and Second Day Services
are available at designated retail postal facilities to designated
destination facilities or locations for items tendered by the time or
times prescribed by the Postal Service. Next Day Service is available
for overnight delivery. Second Day Service is available for second day
delivery.
123.2 Pickup Service. Pickup service is available for Next Day and
Second Day Services under terms and conditions as prescribed by the
Postal Service. Service shall be offered in a manner consistent with 39
U.S.C. 403(c).
130 PHYSICAL LIMITATIONS
Express Mail may not exceed 70 pounds or 108 inches in length and
girth combined.
140 POSTAGE AND PREPARATION
Except as provided in Rate Schedules 121, 122 and 123, postage on
Express Mail is charged on each piece. For shipments tendered in
Express Mail pouches under a service agreement, each pouch is a piece.
150 DEPOSIT AND DELIVERY
151 Deposit
Express Mail must be deposited at places designated by the Postal
Service.
152 Receipt
A receipt showing the time and date of mailing will be provided to
the mailer upon acceptance of Express Mail by the Postal Service. This
receipt serves as evidence of mailing.
153 Service
Express Mail service provides a high speed, high reliability
service. Same Day Airport Express Mail will be dispatched on the next
available transportation to the destination airport mail facility.
Custom Designed Express Mail will be available for claim or delivery as
specified in the service agreement.
154 Forwarding and Return
When Express Mail is returned, or forwarded, as prescribed by the
Postal Service, there will be no additional charge.
160 ANCILLARY SERVICES
The following services may be obtained in conjunction with mail
sent under this classification schedule upon payment of applicable
fees:
------------------------------------------------------------------------
Service Schedule
------------------------------------------------------------------------
a. Address correction...................... SS-1
b. Return receipts......................... SS-16
c. COD..................................... SS-6
------------------------------------------------------------------------
170 RATES AND FEES
The rates for Express Mail are set forth in the following rate
schedules:
------------------------------------------------------------------------
Schedule
------------------------------------------------------------------------
a. Same Day Airport.......................................... 121
b. Custom Designed........................................... 122
c. Next Day Post Office-to-Post Office....................... 123
d. Second Day Post Office-to-Post Office..................... 123
e. Next Day Post Office-to-Addressee......................... 123
f. Second Day Post Office-to-Addressee....................... 123
------------------------------------------------------------------------
180 INSURANCE AND INDEMNITY
181 Insurance Coverage
Express Mail is insured against loss, damage or rifling at no
additional charge.
182 Indemnity Coverage
182.1 Payment of Indemnity. Indemnity will be paid by the Postal
Service as follows:
a. For document reconstruction the maximum liability is $50,000 per
piece, up to $500,000 per occurrence regardless of the number of
claimants, to be paid under terms and conditions prescribed by the
Postal Service.
b. For merchandise the maximum liability is $500 to be paid under
terms and conditions prescribed by the Postal Service.
c. For mailings valued at $15 or less, for negotiable items, or
currency or bullion, the indemnity is $15 to be paid under terms and
conditions prescribed by the Postal Service.
182.2 Indemnity Not Available. Indemnity will not be paid by the
Postal Service for loss, damage or rifling:
a. Of nonmailable matter;
b. Due to improper packaging;
c. Seizure by any agency of government; or,
d. Due to war, insurrection or civil disturbances.
183 Insurance Claims And Procedures
Claims for refunds of postage or insurance must be filed within the
period of time and under terms and conditions prescribed by the Postal
Service.
184 Refunds
184.1 Same Day Airport. The Postal Service will refund the postage
for Same Day Airport Express Mail not available for claim by the time
specified, unless the delay is caused by:
a. Strikes or work stoppage;
b. Delay or cancellation of flights; or
c. Governmental action beyond the control of Postal Service or air
carriers.
184.2 Custom Designed. Except where a service agreement provides
for claim, or delivery, of Custom Designed Express Mail more than 24
hours after scheduled tender at point of origin, the Postal Service
will refund postage for such mail not available for claim, or not
delivered, within 24 hours of mailing, unless the item was delayed by
strike or work stoppage.
184.3 Next Day. Unless the item was delayed by strike or work
stoppage, the Postal Service will refund postage for Next Day Express
Mail not available for claim or not delivered:
a. By 10:00 a.m., or earlier time(s) prescribed by the Postal
Service, of the next delivery day in the case of Post Office-to-Post
Office service;
b. By 3:00 p.m., or earlier time(s) prescribed by the Postal
Service, of the next delivery day in the case of Post Office-to-
Addressee service.
184.4 Second Day. Unless the item was delayed by strike or work
stoppage, the Postal Service will refund postage for Second Day Express
Mail not available for claim or not delivered:
a. By 10:00 a.m., or earlier time(s) prescribed by the Postal
Service, of the
[[Page 32662]]
second delivery day in the case of Post Office-to-Post Office service;
b. By 3:00 p.m., or earlier time(s) prescribed by the Postal
Service, of the second delivery day in the case of Post Office-to-
Addressee service.
First-Class Mail Claffification Schedule
210 DEFINITION
Any matter eligible for mailing may, at the option of the mailer,
be mailed as First-Class Mail. The following must be mailed as First-
Class Mail, unless mailed as Express Mail or exempt under title 39,
United States Code, or except as authorized under sections 344.12,
344.23 and 443:
a. Mail sealed against postal inspection as set forth in section
5000;
b. Matter wholly or partially in handwriting or typewriting except
as specifically permitted by sections 312, 313, 323, 344.22, and 446;
c. Matter having the character of actual and personal
correspondence except as specifically permitted by sections 312, 313,
323, 344.22, and 446; and
d. Bills and statements of account.
220 DESCRIPTION OF SUBCLASSES
221 Letters and Sealed Parcels Subclass
221.1 General. The Letters and Sealed Parcels subclass consists of
First-Class Mail weighing 11 ounces or less that is not mailed under
section 222 or 223.
221.2 Regular Rate Categories. The regular rate categories consist
of Letters and Sealed Parcels subclass mail not mailed under section
221.3.
221.21 Single Piece Rate Category. The single piece rate category
applies to regular rate Letters and Sealed Parcels subclass mail not
mailed under section 221.22.
221.22 Presort Rate Category. The Presort rate category applies to
Letters and Sealed Parcels subclass mail that:
a. Is prepared in a mailing of at least 500 pieces;
b. Is presorted, marked, and presented as prescribed by the Postal
Service; and
c. Meets the addressing and other preparation requirements
prescribed by the Postal Service.
221.23 [Reserved]
221.24 Nonstandard Size Surcharge. Regular rate category Letters and
Sealed Parcels subclass mail is subject to a surcharge if it is
nonstandard size mail, as defined in section 232.
221.25 Presort Discount for Pieces Weighing More Than Two Ounces.
Presort rate category Letters and Sealed Parcels subclass mail is
eligible for an additional presort discount on each piece weighing more
than two ounces.
221.3 Automation Rate Categories--Letters and Flats
221.31 General. The automation rate categories consist of Letters and
Sealed Parcels subclass mail weighing 11 ounces or less that:
a. Is prepared in a mailing of at least 500 pieces;
b. Is presorted, marked, and presented as specified by the Postal
Service;
c. Bears a barcode representing not more than 11 digits (not
including ``correction'' digits) as prescribed by the Postal Service;
and
d. Meets the machinability, addressing, barcoding, and other
preparation requirements prescribed by the Postal Service.
221.32 Basic Rate Category. The basic rate category applies to
letter-size automation rate category mail not mailed under section
221.33, 221.34, or 221.35.
221.33 Three-Digit Rate Category. The three-digit rate category
applies to letter-size automation rate category mail presorted to
single or multiple three-digit ZIP Code destinations as prescribed by
the Postal Service.
221.34 Five-Digit Rate Category. The five-digit rate category
applies to letter-size automation rate category mail presorted to
single or multiple five-digit ZIP Code destinations as prescribed by
the Postal Service.
221.35 Carrier Route Rate Category. The carrier route rate
category applies to letter-size automation rate category mail presorted
to carrier routes. It is available only for those carrier routes
prescribed by the Postal Service.
221.36 Basic Flats Rate Category. The basic flats rate category
applies to flat-size automation rate category mail not mailed under
section 221.37.
221.37 Three- and Five-Digit Flats Rate Category. The three- and
five-digit flats rate category applies to flat-size automation rate
category mail presorted to single or multiple three- and five-digit ZIP
Code destinations as specified by the Postal Service.
221.38 Nonstandard Size Surcharge. Flat-size automation rate
category pieces are subject to a surcharge if they are nonstandard size
mail, as defined in section 232.
221.39 Presort Discount for Pieces Weighing More Than Two Ounces.
Presorted automation rate category mail is eligible for an additional
presort discount on each piece weighing more than two ounces.
221.4 Automation Rate Category--Parcels
221.41 Prebarcoded Parcel Rate Category. The prebarcoded parcel
rate category applies to Letters and Sealed Parcels subclass
nonpresorted mail that:
a. Is prepared in a mailing of at least 50 pieces;
b. Bears a barcode as prescribed by the Postal Service;
c. Is marked and presented as prescribed by the Postal Service; and
d. Meets the machinability, addressing, barcoding, and other
preparation requirements prescribed by the Postal Service.
This provision is applicable only to mailings entered for
processing at no more than six facilities designated by the Postal
Service. This provision expires April 28, 1998.
222 Postal and Post Cards Subclass
222.1 Definition
222.11 Postal Card. A postal card is a card with postage imprinted
or impressed on it and supplied by the Postal Service for the
transmission of messages.
222.12 Post Card. A post card is a privately printed mailing card
for the transmission of messages. To be eligible to be mailed as a
First-Class post card, a card must be of uniform thickness and must not
exceed any of the following dimensions:
a. 6 inches in length;
b. 4 1/4 inches in width;
c. 0.016 inch in thickness.
222.13 Double Cards. Double postal or post cards may be mailed as
postal or post cards. A double postal or post card consists of two
attached cards, one of which may be detached by the receiver and
returned by mail as a single postal or post card.
222.2 Restriction. A mailpiece with any of the following
characteristics is not mailable as a postal or post card unless it is
prepared as prescribed by the Postal Service:
a. Numbers or letters unrelated to postal purposes appearing in the
address portion of the card;
b. Punched holes;
c. Vertical tearing guide;
d. An address portion which is smaller than the remainder of the
card.
[[Page 32663]]
222.3 Regular Rate Categories
222.31 Single Piece Rate Category. The single piece rate category
applies to regular rate Postal and Post Cards subclass mail not mailed
under section 222.32.
222.32 Presort Rate Category. The presort rate category applies to
Postal and Post Cards subclass mail that:
a. Is prepared in a mailing of at least 500 pieces;
b. Is presorted, marked, and presented as prescribed by the Postal
Service; and
c. Meets the addressing and other preparation requirements
prescribed by the Postal Service.
222.4 Automation Rate Categories
222.41 General. The automation rate categories consist of Postal
and Post Cards subclass mail that:
a. Is prepared in a mailing of at least 500 pieces;
b. Is presorted, marked, and presented as specified by the Postal
Service;
c. Bears a barcode representing not more than 11 digits (not
including ``correction'' digits) as prescribed by the Postal Service;
and
d. Meets the machinability, addressing, barcoding, and other
preparation requirements prescribed by the Postal Service.
222.42 Basic Rate Category. The basic rate category applies to
automation rate category cards not mailed under section 222.43, 222.44,
or 222.45.
222.43 Three-Digit Rate Category. The three-digit rate category
applies to automation rate category cards presorted to single or
multiple three-digit ZIP Code destinations as prescribed by the Postal
Service.
222.44 Five-Digit Rate Category. The five-digit rate category
applies to automation rate category cards presorted to single or
multiple five-digit ZIP Code destinations as prescribed by the Postal
Service.
222.45 Carrier Route Rate Category. The carrier route rate
category applies to automation rate category cards presorted to carrier
routes. It is available only for those carrier routes prescribed by the
Postal Service.
223 Priority Mail
223.1 General. The Priority Mail subclass consists of:
a. First-Class Mail weighing more than 11 ounces; and
b. Any mailable matter which, at the option of the mailer, is
mailed for expeditious mailing and transportation.
223.2 Single Piece Priority Mail Rate Category. The single piece
priority mail rate category applies to Priority Mail subclass mail not
mailed under section 223.3.
223.3 Presorted Priority Mail Rate Category. The presorted
priority mail rate category applies to Priority Mail subclass mail
that:
a. Is prepared in a mailing of at least 300 pieces;
b. Is presorted, marked, and presented as prescribed by the Postal
Service; and
c. Meets the machinability, addressing, and other preparation
requirements prescribed by the Postal Service.
223.4 Prebarcoded Priority Mail Parcel Rate Category. The
prebarcoded Priority Mail Parcel rate category applies to Priority Mail
subclass nonpresorted mail that:
a. Is prepared in a mailing of at least 50 pieces;
b. Bears a barcode as prescribed by the Postal Service;
c. Is marked and presented as prescribed by the Postal Service; and
d. Meets the machinability, addressing, barcoding, and other
preparation requirements prescribed by the Postal Service.
This provision is applicable only to mailings entered for
processing at no more than six facilities designated by the Postal
Service. This provision expires April 28, 1998.
223.5 Flat Rate Envelope. Priority Mail subclass mail sent in a
``flat rate'' envelope provided by the Postal Service is charged the
two-pound rate.
223.6 Pickup Service. Pickup service is available for Priority
Mail subclass mail under terms and conditions prescribed by the Postal
Service.
223.7 Bulky Parcels. Priority Mail subclass mail weighing less
than 15 pounds, and measuring over 84 inches in length and girth
combined, is charged a minimum rate equal to that for a 15-pound parcel
for the zone to which the piece is addressed.
230 PHYSICAL LIMITATIONS
231 Size and Weight
First-Class Mail may not exceed 70 pounds or 108 inches in length
and girth combined. Additional size and weight limitations apply to
individual First-Class Mail subclasses.
232 Nonstandard Size Mail
Letters and Sealed Parcels subclass mail weighing one ounce or less
is nonstandard size if:
a. Its aspect ratio does not fall between 1 to 1.3 and 1 to 2.5
inclusive; or
b. It exceeds any of the following dimensions:
i. 11.5 inches in length;
ii. 6.125 inches in width; or
iii. 0.25 inch in thickness.
240 POSTAGE AND PREPARATION
Postage on First-Class Mail must be paid as set forth in section
3000. Postage is computed separately on each piece of mail. Pieces not
within the same postage rate increment may be mailed at other than a
single piece rate as part of the same mailing only when specific
methods approved by the Postal Service for ascertaining and verifying
postage are followed. All mail mailed at other than a single piece rate
must have postage paid in a manner not requiring cancellation.
250 DEPOSIT AND DELIVERY
251 Deposit
First-Class Mail must be deposited at places and times designated
by the Postal Service.
252 Service
First-Class Mail receives expeditious handling and transportation,
except that when First-Class Mail is attached to or enclosed with mail
of another class, the service of that class applies.
253 Forwarding and Return
First-Class Mail that is undeliverable-as-addressed is forwarded or
returned to the sender without additional charge.
260 ANCILLARY SERVICES
First-Class Mail, except as otherwise noted, will receive the
following additional services upon payment of the fees prescribed in
the corresponding schedule:
------------------------------------------------------------------------
Service Schedule
------------------------------------------------------------------------
a. Address correction..................... SS-1
b. Business reply mail.................... SS-2
c. Certificates of mailing................ SS-4
d. Certified mail......................... SS-5
e. COD.................................... SS-6
f. Insured mail........................... SS-9
g. Registered mail........................ SS-14
h. Special delivery....................... SS-17
i. Return receipt (merchandise only)...... SS-16
j. Merchandise return..................... SS-20
------------------------------------------------------------------------
270 RATES AND FEES
The rates and fees for First-Class Mail are set forth in the
following rate schedules:
------------------------------------------------------------------------
Schedule
------------------------------------------------------------------------
a. Letters and Sealed Parcels............................... 221
b. Postal and Post Cards.................................... 222
c. Priority Mail............................................ 223
d. Fees..................................................... 1000
------------------------------------------------------------------------
[[Page 32664]]
280 AUTHORIZATIONS AND LICENSES
The fee set forth in Rate Schedule 1000 must be paid once each year
at each office of mailing by any person who mails other than single
piece First-Class Mail or courtesy envelope mail. Payment of the fee
allows the mailer to mail at any First-Class rate.
Standard Mail Classification Schedule
310 DEFINITION
311 General
Any mailable matter may be mailed as Standard Mail except:
a. Matter required to be mailed as First-Class Mail;
b. Copies of a publication that is entered as Periodicals class
mail, except copies sent by a printer to a publisher, and except copies
that would have traveled at the former second-class transient rate.
(The transient rate applied to individual copies of second-class mail
forwarded and mailed by the public, as well as to certain sample copies
mailed by publishers.)
312 Printed Matter
Printed matter, including printed letters which according to
internal evidence are being sent in identical terms to several persons,
but which do not have the character of actual or personal
correspondence, may be mailed as Standard Mail. Printed matter does not
lose its character as Standard Mail when the date and name of the
addressee and of the sender are written thereon. For the purposes of
the Standard Mail Classification Schedule, ``printed'' does not include
reproduction by handwriting or typewriting.
313 Written Additions
Standard Mail may have the following written additions placed on
the wrapper, on a tag or label attached to the outside of the parcel,
or inside the parcel, either loose or attached to the article:
a. Marks, numbers, name, or letters descriptive of contents;
b. ``Please Do Not Open Until Christmas,'' or words of similar
import;
c. Instructions and directions for the use of an article in the
package;
d. Manuscript dedication or inscription not in the nature of
personal correspondence;
e. Marks to call attention to any word or passage in text;
f. Corrections of typographical errors in printed matter;
g. Manuscripts accompanying related proof sheets, and corrections
in proof sheets to include: corrections of typographical and other
errors, alterations of text, insertion of new text, marginal
instructions to the printer, and rewrites of parts if necessary for
correction;
h. Handstamped imprints, except when the added matter is itself
personal or converts the original matter to a personal communication;
i. An invoice.
320 DESCRIPTION OF SUBCLASSES
321 Subclasses Limited to Mail Weighing Less than 16 Ounces
321.1 Single Piece Subclass
321.11 Definition. The Single Piece subclass consists of Standard
Mail weighing less than 16 ounces that is not mailed under sections
321.2, 321.3, 321.4 or 323.
321.12 Basic Rate Category. The basic rate category applies to
Single Piece subclass mail not mailed under section 321.13.
321.13 Keys and Identification Devices Rate Category. The keys and
identification devices rate category applies to keys, identification
cards, identification tags, or similar identification devices mailed
without cover, and which bear, contain, or have securely attached the
name and complete address of a person, organization, or concern, with
instructions to return to such address and a statement guaranteeing the
payment of postage due on delivery.
321.14 Nonstandard Size Surcharge. Single Piece subclass mail,
other than that mailed under section 321.13, is subject to a surcharge
if it is nonstandard size mail, as defined in section 333.
321.2 Regular Subclass
321.21 Definition. The Regular subclass consists of Standard Mail
weighing less than 16 ounces that is not mailed under sections 321.1,
321.3, 321.4 or 323, and that:
a. Is prepared in a mailing of at least 200 addressed pieces or 50
pounds of addressed pieces;
b. Is presorted, marked, and presented as prescribed by the Postal
Service; and
c. Meets the machinability, addressing, and other preparation
requirements prescribed by the Postal Service.
321.22 Regular Rate Categories
321.221 Basic Sortation Rate Category. Mailers must sort Regular
subclass mail as prescribed by the Postal Service. Mail which is not
presorted to three-digit or five-digit ZIP Code areas or to carrier
routes qualifies for the basic rates in Rate Schedule 321.2A.
321.222 Basic Sortation, Pre-Barcoded Rate Category. The basic
sortation, pre-barcoded rate category applies to mail mailed under
section 321.21 which bears a barcode representing not more than 11
digits (not including ``correction'' digits) as prescribed by the
Postal Service, and which meets the machinability, addressing, and
barcoding specifications and other preparation requirements prescribed
by the Postal Service.
321.223 Three- and Five-Digit Presort Level Rate Category. The
three- and five-digit presort level rate category applies to Regular
subclass mail presorted to single or multiple three- and five-digit ZIP
Code destinations, as prescribed by the Postal Service.
321.224 Three-Digit Presort Level, Pre-Barcoded Rate Category. The
three-digit presort level, pre-barcoded rate category applies to
letter-size mail mailed under section 321.21 which is presorted to
three digits, which bears a barcode representing not more than 11
digits (not including ``correction'' digits) as prescribed by the
Postal Service, and which meets the machinability, addressing, and
barcoding specifications and other preparation requirements prescribed
by the Postal Service.
321.225 Five-Digit Presort Level, Pre-Barcoded Rate Category. The
five-digit presort level, pre-barcoded rate category applies to letter-
size mail mailed under section 321.21 which is presorted to five
digits, which bears a barcode representing not more than 11 digits (not
including ``correction'' digits) as prescribed by the Postal Service,
and which meets the machinability, addressing, and barcoding
specifications and other preparation requirements prescribed by the
Postal Service.
321.226 Three- and Five-Digit Presort Level, Pre-Barcoded Rate
Category. The three- and five-digit presort level, pre-barcoded rate
category applies to flat-size mail mailed under section 321.21 which is
presorted to single or multiple three- and five-digit ZIP Code
destinations as prescribed by the Postal Service, which bears a barcode
representing not more than 11 digits (not including ``correction''
digits) as prescribed by the Postal Service, and which meets the
machinability, addressing, and barcoding specifications and other
preparation requirements prescribed by the Postal Service.
321.23 Destination Entry Discount. The destination entry discounts
apply to Regular subclass mail prepared as prescribed by the Postal
Service and addressed for delivery within the service area of the BMC
(or auxiliary service facility), or sectional center facility (SCF), at
which it is entered, as defined by the Postal Service.
[[Page 32665]]
321.3 Enhanced Carrier Route Subclass
321.31 Definition. The Enhanced Carrier Route subclass consists of
Standard Mail weighing less than 16 ounces that is not mailed under
section 321.1, 321.2, 321.4 or 323, and that:
a. Is prepared in a mailing of at least 200 addressed pieces or 50
pounds of addressed pieces;
b. Is prepared, marked, and presented as prescribed by the Postal
Service;
c. Is presorted to carrier routes as prescribed by the Postal
Service;
d. Is sequenced as prescribed by the Postal Service; and
e. Meets the machinability, addressing, and other preparation
requirements prescribed by the Postal Service.
321.32 Basic Rate Category. The basic rate category applies to
Enhanced Carrier Route subclass mail not mailed under section 321.33,
321.34 or 321.35.
321.33 Basic Pre-Barcoded Rate Category. The basic pre-barcoded
rate category applies to letter-size Enhanced Carrier Route subclass
mail which bears a barcode representing not more than 11 digits (not
including ``correction'' digits), as prescribed by the Postal Service,
and which meets the machinability, addressing, and barcoding
specifications and other preparation requirements prescribed by the
Postal Service.
321.34 High Density Rate Category. The high density rate category
applies to Enhanced Carrier Route subclass mail presented in walk-
sequence order and meeting the high density requirements prescribed by
the Postal Service.
321.35 Saturation Rate Category. The saturation rate category
applies to Enhanced Carrier Route subclass mail presented in walk-
sequence order and meeting the saturation requirements prescribed by
the Postal Service.
321.36 Destination Entry Discounts. Destination entry discounts
apply to Enhanced Carrier Route subclass mail prepared as prescribed by
the Postal Service and addressed for delivery within the service area
of the BMC (or auxiliary service facility), sectional center facility
(SCF), or destination delivery unit (DDU) at which it is entered, as
defined by the Postal Service.
321.4 Nonprofit Subclass
321.41 Definition
321.411 General. The Nonprofit subclass consists of Standard Mail
weighing less than 16 ounces that is not mailed under section 321.1,
321.2, 321.3 or 323, and that is prepared in quantities of at least 50
pounds or 200 pieces, presorted and marked as prescribed by the Postal
Service, and mailed by authorized nonprofit organizations or
associations of the following types:
a. Religious,
b. Educational,
c. Scientific,
d. Philanthropic,
e. Agricultural,
f. Labor,
g. Veterans',
h. Fraternal,
i. Qualified political committees.
321.412 Nonprofit Organizations and Associations. Nonprofit
organizations or associations are organizations or associations not
organized for profit, none of the net income of which benefits any
private stockholder or individual, and which meet the qualifications
set forth below for each type of organization or association. The
standard of primary purpose applies to each type of organization or
association, except veterans' and fraternal. The standard of primary
purpose requires that each type of organization or association be both
organized and operated for the primary purpose. The following are the
types of organizations or associations which may qualify as authorized
nonprofit organizations or associations.
a. Religious. A nonprofit organization whose primary purpose is one
of the following:
i. To conduct religious worship;
ii. To support the religious activities of nonprofit organizations
whose primary purpose is to conduct religious worship;
iii. To perform instruction in, to disseminate information about,
or otherwise to further the teaching of particular religious faiths or
tenets.
b. Educational. A nonprofit organization whose primary purpose is
one of the following:
i. The instruction or training of the individual for the purpose of
improving or developing his capabilities;
ii. The instruction of the public on subjects beneficial to the
community. An organization may be educational even though it advocates
a particular position or viewpoint so long as it presents a
sufficiently full and fair exposition of the pertinent facts to permit
an individual or the public to form an independent opinion or
conclusion. On the other hand, an organization is not educational if
its principal function is the mere presentation of unsupported opinion.
c. Scientific. A nonprofit organization whose primary purpose is
one of the following:
i. To conduct research in the applied, pure or natural sciences;
ii. To disseminate systematized technical information dealing with
applied, pure or natural sciences.
d. Philanthropic. A nonprofit organization primarily organized and
operated for purposes beneficial to the public. Philanthropic
organizations include, but are not limited to, organizations which are
organized for:
i. Relief of the poor and distressed or of the underprivileged;
ii. Advancement of religion;
iii. Advancement of education or science;
iv. Erection or maintenance of public buildings, monuments, or
works;
v. Lessening of the burdens of government;
vi. Promotion of social welfare by organizations designed to
accomplish any of the above purposes or:
(A) To lessen neighborhood tensions;
(B) To eliminate prejudice and discrimination;
(C) To defend human and civil rights secured by law; or
(D) To combat community deterioration and juvenile delinquency.
e. Agricultural. A nonprofit organization whose primary purpose is
the betterment of the conditions of those engaged in agricultural
pursuits, the improvement of the grade of their products, and the
development of a higher degree of efficiency in agriculture. The
organization may advance agricultural interests through educational
activities; the holding of agricultural fairs; the collection and
dissemination of information concerning cultivation of the soil and its
fruits or the harvesting of marine resources; the rearing, feeding, and
management of livestock, poultry, and bees, or other activities
relating to agricultural interests. The term agricultural nonprofit
organization also includes any nonprofit organization whose primary
purpose is the collection and dissemination of information or materials
relating to agricultural pursuits.
f. Labor. A nonprofit organization whose primary purpose is the
betterment of the conditions of workers. Labor organizations include,
but are not limited to, organizations in which employees or workmen
participate, whose primary purpose is to deal with employers concerning
grievances, labor disputes, wages, hours of employment and working
conditions.
g. Veterans'. A nonprofit organization of veterans of the armed
services of the United States, or an auxiliary unit or society of, or a
trust or foundation for, any such post or organization.
h. Fraternal. A nonprofit organization which meets all of the
following criteria:
[[Page 32666]]
i. Has as its primary purpose the fostering of brotherhood and
mutual benefits among its members;
ii. Is organized under a lodge or chapter system with a
representative form of government;
iii. Follows a ritualistic format; and
iv. Is comprised of members who are elected to membership by vote
of the members.
i. Qualified political committees. The term ``qualified political
committee'' means a national or State committee of a political party,
the Republican and Democratic Senatorial Campaign Committees, the
Democratic National Congressional Committee, and the National
Republican Congressional Committee:
i. The term ``national committee'' means the organization which, by
virtue of the bylaws of a political party, is responsible for the day-
to-day operation of such political party at the national level; and
ii. The term ``State committee'' means the organization which, by
virtue of the bylaws of a political party, is responsible for the day-
to-day operation of such political party at the State level.
321.413 Limitation on Authorization. An organization authorized to
mail at the nonprofit Standard rates for qualified nonprofit
organizations may mail only its own matter at these rates. An
organization may not delegate or lend the use of its permit to mail at
special Standard rates to any other person, organization or
association.
321.42 Nonprofit Rate Categories
321.421 Basic Sortation Rate Category. Mailers must sort Nonprofit
subclass mail as prescribed by the Postal Service. Mail which is not
presorted to three-digit or five-digit ZIP Code areas or to carrier
routes qualifies for the basic rates in Rate Schedule 321.4.
321.422 Basic Sortation, ZIP + 4 Rate Category. The basic
sortation, ZIP + 4 rate category applies to mail mailed under section
321.421 which bears a proper ZIP + 4 code and which meets the
machinability, address readability and other preparation requirements
prescribed by the Postal Service.
321.423 Basic Sortation, Pre-Barcoded Rate Category. The basic
sortation, pre-barcoded rate category applies to mail mailed under
section 321.421 which bears a barcode representing not more than 11
digits (not including ``correction'' digits) as prescribed by the
Postal Service, and which meets the machinability, addressing, and
barcoding specifications and other preparation requirements prescribed
by the Postal Service.
321.424 Three- and Five-Digit Presort Level Rate Category. The
three- and five-digit presort level rate category applies to Nonprofit
subclass mail which is presorted to three-digit or five-digit ZIP Code
areas. The mail must be prepared in the manner prescribed by the Postal
Service.
321.425 Three- and Five-Digit Presort Level, ZIP + 4 Rate
Category. The three- and five-digit presort level, ZIP + 4 rate
category applies to mail mailed under section 321.424 which bears a
proper ZIP + 4 code and which meets the machinability, address
readability and other preparation requirements prescribed by the Postal
Service.
321.426 Three-Digit Presort Level, Pre-Barcoded Rate Category. The
three-digit presort level, pre-barcoded rate category applies to mail
mailed under section 321.424 which is presorted to three digits, which
bears a barcode representing not more than 11 digits (not including
``correction'' digits) as prescribed by the Postal Service, and which
meets the machinability, addressing, and barcoding specifications and
other preparation requirements prescribed by the Postal Service.
321.427 Five-Digit Presort Level, Pre-Barcoded Rate Category. The
five-digit presort level, pre-barcoded rate category applies to mail
mailed under section 321.424 which is presorted to five digits, which
bears a barcode representing not more than 11 digits (not including
``correction'' digits) as prescribed by the Postal Service, and which
meets the machinability, addressing, and barcoding specifications, and
other preparation requirements prescribed by the Postal Service.
321.428 Carrier Route Presort Level Rate Category. The carrier
route presort level rate category applies to Nonprofit subclass mail
which is presorted to a carrier route, with at least 10 pieces to each
carrier route. The mail must be prepared in the manner prescribed by
the Postal Service.
321.429 Pre-barcoded Flats Rate Category. The pre-barcoded flats
rate category applies to Nonprofit subclass flat size pieces which are
properly prepared and presorted, bear a barcode as prescribed by the
Postal Service, and meet the flats machinability and address
readability specifications of the Postal Service. Such flats must be
presented for mailing in a manner which does not require cancellation.
321.43 Nonprofit Subclass Discounts
321.431 Saturation Discount. The saturation discount applies to
Nonprofit subclass mail presented in a carrier route presort mailing
which is walk sequenced and which meets the saturation and preparation
requirements prescribed by the Postal Service.
321.432 125-Piece Walk-sequence Discount. The 125-piece walk-
sequence discount applies to Nonprofit subclass mail presented in a
carrier route presort mailing which is walk sequenced and contains a
minimum of 125 pieces per carrier route, and which meets the
preparation requirements prescribed by the Postal Service.
321.433 Destination Entry Discount. The destination entry discount
applies to Nonprofit subclass mail which is destined for delivery
within the service area of the BMC (or auxiliary service facility),
sectional center facility (SCF), or destination delivery unit (DDU) at
which it is entered, as defined by the Postal Service.
322 Subclasses Limited to Mail Weighing 16 Ounces or More
322.1 Parcel Post Subclass
322.11 Definition. The Parcel Post subclass consists of Standard
Mail weighing 16 ounces or more that is not mailed under sections
322.3, 323.1, or 323.2.
322.12 Basic Rate Category. The basic rate category applies to all
Parcel Post subclass mail not mailed under sections 322.13 or 322.14.
322.13 [Reserved] **
**Revised language describing the bulk parcel post rate category
was not accepted in Docket No. MC95-1. The following description, last
amended in Docket No. R84-1, remains in effect.
400.0202 Bulk
Bulk parcel post mail is fourth-class parcel post mail consisting
of properly prepared and separated single mailings of at least 300
pieces or 2000 pounds. Pieces weighing less than 15 pounds and
measuring over 84 inches in length and girth combined are not mailable
as bulk parcel post. Provision for mailing nonidentical pieces is set
forth in section 400.046.
322.14 Destination BMC Rate Category. Parcel Post subclass mail is
eligible for destination BMC rates if it is included in a mailing of at
least 50 pieces deposited at the destination BMC, auxiliary service
facility, or other equivalent facility, as prescribed by the Postal
Service.
322.15 Intra-BMC Discount. Basic rate category Parcel Post
subclass mail is eligible for the intra-BMC discount if it originates
and destinates within the same BMC or auxiliary service facility
service area, Alaska, Hawaii or Puerto Rico.
[[Page 32667]]
322.16 Nonmachinable Surcharge. Basic rate category Parcel Post
subclass mail that does not meet machinability criteria prescribed by
the Postal Service is subject to a nonmachinable surcharge.
322.17 Pickup Service. Pickup service is available for Parcel Post
subclass mail under terms and conditions prescribed by the Postal
Service.
322.2 [Reserved]
322.3 Bound Printed Matter Subclass
322.31 Definition. The Bound Printed Matter subclass consists of
Standard Mail weighing at least 16 ounces, but not more than 10 pounds,
which:
a. Consists of advertising, promotional, directory, or editorial
material, or any combination thereof;
b. Is securely bound by permanent fastenings including, but not
limited to, staples, spiral bindings, glue, and stitching; loose leaf
binders and similar fastenings are not considered permanent;
c. Consists of sheets of which at least 90 percent are imprinted
with letters, characters, figures or images or any combination of
these, by any process other than handwriting or typewriting;
d. Does not have the nature of personal correspondence;
e. Is not stationery, such as pads of blank printed forms.
322.32 Single Piece Rate Category. The single piece rate category
applies to Bound Printed Matter subclass mail which is not mailed under
section 322.33 or 322.34.
322.33 Bulk Rate Category. The bulk rate category applies to Bound
Printed Matter subclass mail prepared in a mailing of at least 300
pieces, prepared and presorted as prescribed by the Postal Service.
322.34 Carrier Route Presort Rate Category. The carrier route rate
category applies to Bound Printed Matter subclass mail prepared in a
mailing of at least 300 pieces of carrier route presorted mail,
prepared and presorted as prescribed by the Postal Service.
323 Subclasses With No 16-Ounce Limitation
323.1 Special Subclass
323.11 Definition. The Special subclass consists of Standard Mail
of the following types:
a. Books, including books issued to supplement other books, of at
least eight printed pages, consisting wholly of reading matter or
scholarly bibliography or reading matter with incidental blank spaces
for notations, and containing no advertising matter other than
incidental announcements of books. Not more than three of the
announcements may contain as part of their format a single order form,
which may also serve as a post card. The order forms permitted in this
subsection are in addition to and not in lieu of order forms which may
be enclosed by virtue of any other provision;
b. 16 millimeter or narrower width films which must be positive
prints in final form for viewing, and catalogs of such films, of 24
pages or more, at least 22 of which are printed, except when sent to or
from commercial theaters;
c. Printed music, whether in bound form or in sheet form;
d. Printed objective test materials and accessories thereto used by
or in behalf of educational institutions in the testing of ability,
aptitude, achievement, interests and other mental and personal
qualities with or without answers, test scores or identifying
information recorded thereon in writing or by mark;
e. Sound recordings, including incidental announcements of
recordings and guides or scripts prepared solely for use with such
recordings. Not more than three of the announcements permitted in this
subsection may contain as part of their format a single order form,
which may also serve as a post card. The order forms permitted in this
subsection are in addition to and not in lieu of order forms which may
be enclosed by virtue of any other provision;
f. Playscripts and manuscripts for books, periodicals and music;
g. Prin
FR Doc. 96-15932 Amendments to Domestic Mail Classification Schedule: Mail Classification Reform, Classification Reform I (MC95-1) and Experimental First-Class and Priority Mail Small Parcel Automation Rate Category (MC96-1)
ted educational reference charts, permanently processed for
preservation;
h. Printed educational reference charts, including but not limited
to
i. Mathematical tables,
ii. Botanical tables,
iii. Zoological tables, and
iv. Maps produced primarily for educational reference purposes;
i. Looseleaf pages and binders therefor, consisting of medical
information for distribution to doctors, hospitals, medical schools,
and medical students; and
j. Computer-readable media containing prerecorded information and
guides or scripts prepared solely for use with such media.
323.12 Single Piece Rate Category. The single piece rate category
applies to Special subclass mail not mailed under section 323.13 or
323.14.
323.13 Level A Presort Rate Category. The Level A presort rate
category applies to mailings of at least 500 pieces of Special subclass
mail, prepared and presorted to five-digit destination ZIP Codes as
prescribed by the Postal Service.
323.14 Level B Presort Rate Category. The Level B presort rate
category applies to mailing of at least 500 pieces of Special subclass
mail, prepared and presorted to destination Bulk Mail Centers as
prescribed by the Postal Service.
323.2 Library Subclass
323.21 Definition.
323.211 General. The Library subclass consists of Standard Mail of
the following types, separated or presorted as prescribed by the Postal
Service:
a. Matter designated in subsection 323.213, loaned or exchanged
(including cooperative processing by libraries) between:
i. Schools or colleges, or universities;
ii. Public libraries, museums and herbaria, nonprofit religious,
educational, scientific, philanthropic, agricultural, labor, veterans'
or fraternal organizations or associations, or between such
organizations and their members, readers or borrowers.
b. Matter designated in subsection 323.214, mailed to or from
schools, colleges, universities, public libraries, museums and herbaria
and to or from nonprofit religious, educational, scientific,
philanthropic, agricultural, labor, veterans' or fraternal
organizations or associations; or
c. Matter designated in subsection 323.215, mailed from a publisher
or a distributor to a school, college, university or public library.
323.212 Definition of Nonprofit Organizations and Associations.
Nonprofit organizations or associations are organizations or
associations not organized for profit, none of the net income of which
benefits any private stockholder or individual, and which meet the
qualifications set forth below for each type of organization or
association. The standard of primary purpose applies to each type of
organization or association, except veterans' and fraternal. The
standard of primary purposes requires that each type of organization or
association be both organized and operated for the primary purpose. The
following are the types of organizations or associations which may
qualify as authorized nonprofit organizations or associations:
a. Religious. A nonprofit organization whose primary purpose is one
of the following:
i. To conduct religious worship;
ii. To support the religious activities of nonprofit organizations
whose primary purpose is to conduct religious worship;
[[Page 32668]]
iii. To perform instruction in, to disseminate information about,
or otherwise to further the teaching of particular religious faiths or
tenets.
b. Educational. A nonprofit organization whose primary purpose is
one of the following:
i. The instruction or training of the individual for the purpose of
improving or developing his capabilities;
ii. The instruction of the public on subjects beneficial to the
community.
An organization may be educational even though it advocates a
particular position or viewpoint so long as it presents a sufficiently
full and fair exposition of the pertinent facts to permit an individual
or the public to form an independent opinion or conclusion. On the
other hand, an organization is not educational if its principal
function is the mere presentation of unsupported opinion.
c. Scientific. A nonprofit organization whose primary purpose is
one of the following:
i. To conduct research in the applied, pure or natural sciences;
ii. To disseminate systematized technical information dealing with
applied, pure or natural sciences.
d. Philanthropic. A nonprofit organization primarily organized and
operated for purposes beneficial to the public. Philanthropic
organizations include, but are not limited to, organizations which are
organized for:
i. Relief of the poor and distressed or of the underprivileged;
ii. Advancement of religion;
iii. Advancement of education or science;
iv. Erection or maintenance of public buildings, monuments, or
works;
v. Lessening of the burdens of government;
vi. Promotion of social welfare by organizations designed to
accomplish any of the above purposes or:
(A) To lessen neighborhood tensions;
(B) To eliminate prejudice and discrimination;
(C) To defend human and civil rights secured by law; or
(D) To combat community deterioration and juvenile delinquency.
e. Agricultural. A nonprofit organization whose primary purpose is
the betterment of the conditions of those engaged in agricultural
pursuits, the improvement of the grade of their products, and the
development of a higher degree of efficiency in agriculture. The
organization may advance agricultural interests through educational
activities; the holding of agricultural fairs; the collection and
dissemination of information concerning cultivation of the soil and its
fruits or the harvesting of marine resources; the rearing, feeding, and
management of livestock, poultry, and bees, or other activities
relating to agricultural interests. The term agricultural nonprofit
organization also includes any nonprofit organization whose primary
purpose is the collection and dissemination of information or materials
relating to agricultural pursuits.
f. Labor. A nonprofit organization whose primary purpose is the
betterment of the conditions of workers. Labor organizations include,
but are not limited to, organizations in which employees or workmen
participate, whose primary purpose is to deal with employers concerning
grievances, labor disputes, wages, hours of employment and working
conditions.
g. Veterans'. A nonprofit organization of veterans of the armed
services of the United States, or an auxiliary unit or society of, or a
trust or foundation for, any such post or organization.
h. Fraternal. A nonprofit organization which meets all of the
following criteria:
i. Has as its primary purpose the fostering of brotherhood and
mutual benefits among its members;
ii. Is organized under a lodge or chapter system with a
representative form of government;
iii. Follows a ritualistic format; and
iv. Is comprised of members who are elected to membership by vote
of the members.
323.213 Library subclass mail under section 323.211a. Matter
eligible for mailing as Library subclass mail under section 323.211a
consists of:
a. Books consisting wholly of reading matter or scholarly
bibliography or reading matter with incidental blank spaces for
notations and containing no advertising other than incidental
announcements of books;
b. Printed music, whether in bound form or in sheet form;
c. Bound volumes of academic theses in typewritten or other
duplicated form;
d. Periodicals, whether bound or unbound;
e. Sound recordings;
f. Other library materials in printed, duplicated or photographic
form or in the form of unpublished manuscripts; and
g. Museum materials, specimens, collections, teaching aids, printed
matter and interpretative materials intended to inform and to further
the educational work and interest of museums and herbaria.
323.214 Library subclass mail under section 323.211b. Matter
eligible for mailing as Library subclass mail under section 323.211b
consists of:
a. 16-millimeter or narrower width films; filmstrips;
transparencies; slides; microfilms; all of which must be positive
prints in final form for viewing;
b. Sound recordings;
c. Museum materials, specimens, collections, teaching aids, printed
matter, and interpretative materials intended to inform and to further
the educational work and interests of museums and herbaria;
d. Scientific or mathematical kits, instruments or other devices;
e. Catalogs of the materials in section 323.214 a through d and
guides or scripts prepared solely for use with such materials.
323.215 Library subclass mail under section 323.211c. Matter
eligible for mailing as Library subclass mail under section 323.211c
consists of books, including books to supplement other books,
consisting wholly of reading matter or scholarly bibliography or
reading matter with incidental blank spaces for notations, and
containing no advertising matter other than incidental announcements of
books.
323.22 Basic Rate Category. The basic rate category applies to all
Library subclass mail.
330 PHYSICAL LIMITATIONS
331 Size
Standard Mail may not exceed 108 inches in length and girth
combined. Additional size limitations apply to individual Standard Mail
subclasses. The maximum size for mail presorted to carrier route in the
Enhanced Carrier Route and Nonprofit subclasses is 14 inches in length,
11.75 inches in width, and 0.75 inch in thickness. For merchandise
samples mailed with detached address cards, the carrier route maximum
dimensions apply to the detached address cards and not to the samples.
332 Weight
Standard Mail may not weigh more than 70 pounds. Additional weight
limitations apply to individual Standard Mail subclasses.
333 Nonstandard Size Mail
Single Piece subclass mail weighing one ounce or less is
nonstandard size if:
a. Its aspect ratio does not fall between 1 to 1.3 and 1 to 2.5
inclusive; or
b. It exceeds any of the following dimensions:
i. 11.5 inches in length;
ii. 6.125 inches in width; or
iii. 0.25 inch in thickness.
[[Page 32669]]
340 POSTAGE AND PREPARATION
341 Postage
Postage must be paid as set forth in section 3000. When the postage
computed at a Single Piece, Regular, Enhanced Carrier Route or
Nonprofit Standard rate is higher than the rate prescribed in any of
the Standard subclasses listed in 322 or 323 for which the piece also
qualifies (or would qualify, except for weight), the piece is eligible
for the applicable lower rate. All mail mailed at a bulk or presort
rate must have postage paid in a manner not requiring cancellation.
342 Preparation
All pieces in a Standard mailing must be separately addressed. All
pieces in a Standard mailing must be identified as prescribed by the
Postal Service, and must contain the ZIP Code of the addressee when
prescribed by the Postal Service. All Standard mailings must be
prepared and presented as prescribed by the Postal Service. Two or more
Standard mailings may be commingled and mailed only when specific
methods approved by the Postal Service for ascertaining and verifying
postage are followed.
343 Non-Identical Pieces
Pieces not identical in size and weight may be mailed at a bulk or
presort rate as part of the same mailing only when specific methods
approved by the Postal Service for ascertaining and verifying postage
are followed.
344 Attachments and Enclosures
344.1 Single Piece, Regular, Enhanced Carrier Route, and Nonprofit
Subclasses (section 321)
344.11 General. First-Class Mail may be attached to or enclosed in
Standard books, catalogs, and merchandise entered under section 321.
The piece must be marked as prescribed by the Postal Service. Except as
provided in section 344.12, additional postage must be paid for the
attachment or enclosure as if it had been mailed separately. Otherwise,
the entire combined piece is subject to the First-Class rate for which
it qualifies.
344.12 Incidental First-Class Attachments and Enclosures. First-
Class Mail, as defined in section 210 b through d, may be attached to
or enclosed with Standard merchandise entered under section 321,
including books but excluding merchandise samples, with postage paid on
the combined piece at the applicable Standard rate, if the attachment
or enclosure is incidental to the piece to which it is attached or with
which it is enclosed.
344.2 Parcel Post, Bound Printed Matter, Special, and Library
Subclasses (sections 322 and 323)
344.21 General. First-Class Mail or Standard Mail from any of the
subclasses listed in section 321 (Single Piece, Regular, Enhanced
Carrier Route or Nonprofit) may be attached to or enclosed in Standard
Mail mailed under sections 322 and 323. The piece must be marked as
prescribed by the Postal Service. Except as provided in sections 344.22
and 344.23, additional postage must be paid for the attachment or
enclosure as if it had been mailed separately. Otherwise, the entire
combined piece is subject to the First-Class or section 321 Standard
rate for which it qualifies (unless the rate applicable to the host
piece is higher), or, if a combined piece with a section 321 Standard
Mail attachment or enclosure weighs 16 ounces or more, the piece is
subject to the Parcel Post rate for which it qualifies.
344.22 Specifically Authorized Attachments and Enclosures.
Standard Mail mailed under sections 322 and 323 may contain enclosures
and attachments as prescribed by the Postal Service and as described in
section 323.11 a and e, with postage paid on the combined piece at the
Standard rate applicable to the host piece.
344.23 Incidental First-Class Attachments and Enclosures. First-
Class Mail that meets one or more of the definitions in section 210 b
through d, may be attached to or enclosed with Standard Mail mailed
under section 322 or 323, with postage paid on the combined piece at
the Standard rate applicable to the host piece, if the attachment or
enclosure is incidental to the piece to which it is attached or with
which it is enclosed.
350 DEPOSIT AND DELIVERY
351 Deposit
Standard Mail must be deposited at places and times designated by
the Postal Service.
352 Service
Standard Mail may receive deferred service.
353 Forwarding and Return
353.1 Single Piece, Regular, Enhanced Carrier Route, and Nonprofit
Subclasses (section 321)
Undeliverable-as-addressed Standard Mail mailed under section 321
will be returned on request of the mailer, or forwarded and returned on
request of the mailer. Undeliverable-as-addressed combined First-Class
and Standard pieces will be returned as prescribed by the Postal
Service. The Single Piece Standard rate is charged for each piece
receiving return only service. Charges for forwarding-and-return
service are assessed only on those pieces which cannot be forwarded and
are returned. The charge for those returned pieces is the appropriate
Single Piece Standard rate for the piece plus that rate multiplied by a
factor equal to the number of section 321 Standard pieces nationwide
that are successfully forwarded for every one piece that cannot be
forwarded and must be returned.
353.2 Parcel Post, Bound Printed Matter, Special, and Library
Subclasses (sections 322 and 323)
Undeliverable-as-addressed Standard Mail mailed under sections 322
and 323 will be forwarded on request of the addressee, returned on
request of the mailer, or forwarded and returned on request of the
mailer. Pieces which combine Standard Mail from one of the subclasses
described in 322 and 323 with First-Class Mail or Standard Mail from
one of the subclasses described in 321 will be forwarded if
undeliverable-as-addressed, and returned if undeliverable, as
prescribed by the Postal Service. When Standard Mail mailed under
sections 322 and 323 is forwarded or returned from one post office to
another, additional charges will be based on the appropriate Single
Piece Standard rate.
360 ANCILLARY SERVICES
361 All Subclasses
All Standard Mail will receive the following services upon payment
of the appropriate fees:
------------------------------------------------------------------------
Service Schedule
------------------------------------------------------------------------
a. Address correction...................... SS-1
b. Certificates of mailing indicating that SS-4
a specified number of pieces have been
mailed.
------------------------------------------------------------------------
Certificates of mailing are not available for Regular, Enhanced
Carrier Route, and Nonprofit subclass mail when postage is paid by
permit imprint.
362 Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library Subclasses
Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library subclass mail will receive the following additional services
upon payment of the appropriate fees:
[[Page 32670]]
------------------------------------------------------------------------
Service Schedule
------------------------------------------------------------------------
a. Certificates of mailing................. SS-4
b. COD..................................... SS-6
c. Insured mail............................ SS-9
d. Special delivery........................ SS-17
e. Special handling........................ SS-18
f. Return receipt (merchandise only)....... SS-16
g. Merchandise return...................... SS-20
------------------------------------------------------------------------
Insurance, special delivery, special handling, and COD services may
not be used selectively for individual pieces in a multi-piece Parcel
Post subclass mailing unless specific methods approved by the Postal
Service for ascertaining and verifying postage are followed.
370 RATES AND FEES
The rates and fees for Standard Mail are set forth as follows:
------------------------------------------------------------------------
Schedule
------------------------------------------------------------------------
a. Single Piece subclass................... 321.1
b. Regular subclass........................ 321.2
c. Enhanced Carrier Route subclass......... 321.3
d. Nonprofit subclass...................... 321.4
e. Parcel Post subclass:
Basic.................................... 322.1A
Destination BMC.......................... 322.1B
f. Bound Printed Matter subclass
Single Piece............................. 322.3A
Bulk and Carrier Route................... 322.3B
g. Special subclass........................ 323.1
h. Library subclass........................ 323.2
i. Fees.................................... 1000
------------------------------------------------------------------------
380 AUTHORIZATIONS AND LICENSES
381 Regular, Enhanced Carrier Route, and Nonprofit Subclasses
A mailing fee as set forth in Rate Schedule 1000 must be paid once
each year by mailers of Regular, Enhanced Carrier Route, and Nonprofit
subclass mail.
382 Special Subclass
A presort mailing fee as set forth in Rate Schedule 1000 must be
paid once each year at each office of mailing by or for any person who
mails presorted Special subclass mail. Any person who engages a
business concern or other individuals to mail presorted Special
subclass mail must pay the fee.
383 Parcel Post Subclass
A mailing fee as set forth in Rate Schedule 1000 must be paid once
each year by mailers of Destination BMC rate category mail in the
Parcel Post subclass.
Periodicals Classification Schedule
410 DEFINITION
411 General Requirements
411.1 Definition. A publication may qualify for mailing under the
Periodicals Classification Schedule if it meets all of the requirements
in sections 411.2 through 411.5 and the requirements for one of the
qualification categories in sections 412 through 415. Eligibility for
specific Periodicals rates is prescribed in section 420.
411.2 Periodicals. Periodicals class mail is mailable matter
consisting of newspapers and other periodical publications. The term
``periodical publications'' includes, but is not limited to:
a. Any catalog or other course listing including mail announcements
of legal texts which are part of post-bar admission education issued by
any institution of higher education or by a nonprofit organization
engaged in continuing legal education.
b. Any looseleaf page or report (including any index, instruction
for filing, table, or sectional identifier which is an integral part of
such report) which is designed as part of a looseleaf reporting service
concerning developments in the law or public policy.
411.3 Issuance
411.31 Regular Issuance. Periodicals class mail must be regularly
issued at stated intervals at least four times a year, bear a date of
issue, and be numbered consecutively.
411.32 Separate Publication. For purposes of determining
Periodicals rate eligibility, an ``issue'' of a newspaper or other
periodical shall be deemed to be a separate publication when the
following conditions exist:
a. The issue is published at a regular frequency more often than
once a month either on (1) the same day as another regular issue of the
same publication; or (2) on a day different from regular issues of the
same publication, and
b. More than 10 percent of the total number of copies of the issue
is distributed on a regular basis to recipients who do not subscribe to
it or request it, and
c. The number of copies of the issue distributed to nonsubscribers
or nonrequesters is more than twice the number of copies of any other
issue distributed to nonsubscribers or nonrequesters on that same day,
or, if no other issue that day, any other issue distributed during the
same period. ``During the same period'' shall be defined as the periods
of time ensuing between the distribution of each of the issues whose
eligibility is being examined. Such separate publications must
independently meet the qualifications for Periodicals eligibility.
411.4 Office of Publication. Periodicals class mail must have a
known office of publication. A known office of publication is a public
office where business of the publication is transacted during the usual
business hours. The office must be maintained where the publication is
authorized original entry.
411.5 Printed Sheets. Periodicals class mail must be formed of
printed sheets. It may not be reproduced by stencil, mimeograph, or
hectograph processes, or reproduced in imitation of typewriting.
Reproduction by any other printing process is permissible. Any style of
type may be used.
412 General Publications
412.1 Definition. To qualify as a General Publication, Periodicals
class mail must meet the requirements in section 411 and in sections
412.2 through 412.4.
412.2 Dissemination of Information. A General Publication must be
originated and published for the purpose of disseminating information
of a public character, or devoted to literature, the sciences, art, or
some special industry.
412.3 Paid Circulation
412.31 Total Distribution. A General Publication must be designed
primarily for paid circulation. At least 50 percent or more of the
copies of the publication must be distributed to persons who have paid
above a nominal rate.
412.32 List of Subscribers. A General Publication must be
distributed to a legitimate list of persons who have subscribed by
paying or promising to pay at a rate above nominal for copies to be
received during a stated time. Copies mailed to persons who are not on
a legitimate list of subscribers are nonsubscriber copies.
412.33 Nominal Rates. As used in section 412.31, nominal rate
means:
a. A token subscription price that is so low that it cannot be
considered a material consideration;
b. A reduction to the subscriber, under a premium offer or any
other arrangements, of more than 50 percent of the amount charged at
the basic annual rate for a subscriber to receive one copy of each
issue published during the subscription period. The value of a premium
is considered to be its actual cost to the publishers, the recognized
retail value, or the represented value, whichever is highest.
[[Page 32671]]
412.34 Nonsubscriber Copies
412.341 Up to Ten Percent. Nonsubscriber copies, including sample
and complimentary copies, mailed at any time during the calendar year
up to and including 10 percent of the total number of copies mailed to
subscribers during the calendar year are mailable at the rates that
apply to subscriber copies provided that the nonsubscriber copies would
have been eligible for those rates if mailed to subscribers.
412.342 Over Ten Percent. Nonsubscriber copies, including sample
and complimentary copies, mailed at any time during the calendar year,
in excess of 10 percent of the total number of copies mailed to
subscribers during the calendar year which are presorted and commingled
with subscriber copies are charged the applicable rates for Regular
Periodicals. The 10 percent limitation for a publication is based on
the total number of all copies of that publication mailed to
subscribers during the calendar year.
412.35 Advertiser's Proof Copies. One complete copy of each issue
of a General Publication may be mailed to each advertiser in that issue
as an advertiser's proof copy at the rates that apply to subscriber
copies, whether the advertiser's proof copy is mailed to the advertiser
directly or, instead, to an advertising representative or agent of the
publication. These copies count as subscriber copies.
412.36 Expired Subscriptions. For six months after a subscription
has expired, copies of a General Publication may be mailed to a former
subscriber at the rates that apply to copies mailed to subscribers, if
the publisher has attempted during that six months to obtain payment,
or a promise to pay, for renewal. These copies do not count as
subscriber copies.
412.4 Advertising Purposes
A General Publication may not be designed primarily for advertising
purposes. A publication is ``designed primarily for advertising
purposes'' if it:
a. Has advertising in excess of 75 percent in more than one-half of
its issues during any 12-month period;
b. Is owned or controlled by individuals or business concerns and
conducted as an auxiliary to and essentially for the advancement of the
main business or calling of those who own or control it;
c. Consists principally of advertising and editorial write-ups of
the advertisers;
d. Consists principally of advertising and has only a token list of
subscribers, the circulation being mainly free;
e. Has only a token list of subscribers and prints advertisements
free for advertisers who pay for copies to be sent to a list of persons
furnished by the advertisers; or
f. Is published under a license from individuals or institutions
and features other businesses of the licensor.
413 Requester Publications
413.1 Definition. A publication which is circulated free or mainly
free may qualify for Periodicals class as a Requester Publication if it
meets the requirements in sections 411, and 413.2 through 413.4.
413.2 Minimum Pages. It must contain at least 24 pages.
413.3 Advertising Purposes
413.31 Advertising Percentage. It must devote at least 25 percent
of its pages to nonadvertising and not more than 75 percent to
advertisements.
413.32 Ownership and Control. It must not be owned or controlled
by one or more individuals or business concerns and conducted as an
auxiliary to and essentially for the advancement of the main business
or calling of those who own or control it.
413.4 Circulated to Requesters
413.41 List of Requesters. It must have a legitimate list of
persons who request the publication, and 50 percent or more of the
copies of the publication must be distributed to persons making such
requests. Subscription copies paid for or promised to be paid for,
including those at or below a nominal rate may be included in the
determination of whether the 50 percent request requirement is met.
Persons will not be deemed to have requested the publication if their
request is induced by a premium offer or by receipt of material
consideration, provided that mere receipt of the publication is not
material consideration.
413.42 Nonrequester Copies
413.421 Up to Ten Percent. Nonrequester copies, including sample
and complimentary copies, mailed at any time during the calendar year
up to and including 10 percent of the total number of copies mailed to
requesters during the calendar year are mailable at the rates that
apply to requester copies provided that the nonrequester copies would
have been eligible for those rates if mailed to requesters.
413.422 Over Ten Percent. Nonrequester copies, including sample
and complimentary copies, mailed at any time during the calendar year,
in excess of 10 percent of the total number of copies mailed to
requesters during the calendar year which are presorted and commingled
with requester copies are charged the applicable rates for Regular
Periodicals. The 10 percent limitation for a publication is based on
the total number of all copies of that publication mailed to requesters
during the calendar year.
413.43 Advertiser's Proof Copies. One complete copy of each issue
of a Requester Publication may be mailed to each advertiser in that
issue as an advertiser's proof copy at the rates that apply to
requester copies, whether the advertiser's proof copy is mailed to the
advertiser directly or, instead, to an advertising representative or
agent of the publication. These copies count as requester copies.
414 Publications of Institutions and Societies
414.1 Publisher's Own Advertising. Except as provided in section
414.2, a publication which meets the requirements of sections 411 and
412.4, and which contains no advertising other than that of the
publisher, qualifies for Periodicals class as a publication of an
institution or society if it is:
a. Published by a regularly incorporated institution of learning;
b. Published by a regularly established state institution of
learning supported in whole or in part by public taxation;
c. A bulletin issued by a state board of health or a state
industrial development agency;
d. A bulletin issued by a state conservation or fish and game
agency or department;
e. A bulletin issued by a state board or department of public
charities and corrections;
f. Published by a public or nonprofit private elementary or
secondary institution of learning or its administrative or governing
body;
g. Program announcements or guides published by an educational
radio or television agency of a state or political subdivision thereof,
or by a nonprofit educational radio or television station;
h. Published by or under the auspices of a benevolent or fraternal
society or order organized under the lodge system and having a bona
fide membership of not less than 1,000 persons;
i. Published by or under the auspices of a trade(s) union;
j. Published by a strictly professional, literary, historical, or
scientific society; or,
k. Published by a church or church organization.
414.2 General Advertising. A publication published by an
institution or society identified in sections 414.1 h
[[Page 32672]]
through k, may contain advertising of other persons, institutions, or
concerns, if the following additional conditions are met:
a. The publication is originated and published to further the
objectives and purposes of the society;
b. Circulation is limited to:
i. Copies mailed to members who pay either as a part of their dues
or assessment or otherwise, not less than 50 percent of the regular
subscription price;
ii. Other actual subscribers; and
iii. Exchange copies.
c. The circulation of nonsubscriber copies, including sample and
complimentary copies, does not exceed 10 percent of the total number of
copies referred to in 414.2b.
415 Publications of State Departments of Agriculture
A publication which is issued by a state department of agriculture
and which meets the requirements of section 411 qualifies for
Periodicals class as a publication of a state department of agriculture
if it contains no advertising and is published for the purpose of
furthering the objects of the department.
416 Foreign Publications
Foreign newspapers and other periodicals of the same general
character as domestic publications entered as Periodicals class mail
may be accepted on application of the publishers thereof or their
agents, for transmission through the mail at the same rates as if
published in the United States. This section does not authorize the
transmission through the mail of a publication which violates a
copyright granted by the United States.
420 DESCRIPTION OF SUBCLASSES
421 Regular Subclass
421.1 Definition. The Regular subclass consists of Periodicals
class mail that is not mailed under section 423 and that:
a. Is presorted, marked, and presented as prescribed by the Postal
Service; and
b. Meets machinability, addressing, and other preparation
requirements prescribed by the Postal Service.
421.2 Regular Pound Rates
An unzoned pound rate applies to the nonadvertising portion of
Regular subclass mail. A zoned pound rate applies to the advertising
portion and may be reduced by applicable destination entry discounts.
The pound rate postage is the sum of the nonadvertising portion charge
and the advertising portion charge.
421.3 Regular Piece Rates
421.31 Basic Rate Category. The basic rate category applies to all
Regular subclass mail not mailed under section 421.32 or 421.33.
421.32 Three-Digit City and Five-Digit Rate Category. The rates
for this category apply to Regular subclass mail presorted to three-
digit cities and five-digit ZIP Code destinations as prescribed by the
Postal Service.
421.33 Carrier Route Rate Category. The carrier route rate
category applies to Regular subclass mail presorted to carrier routes
as prescribed by the Postal Service.
421.4 Regular Subclass Discounts
421.41 Barcoded Letter Discounts. Barcoded letter discounts apply
to letter size Regular subclass mail mailed under sections 421.31 and
421.32 which bears a barcode representing not more than 11 digits (not
including ``correction'' digits) as prescribed by the Postal Service,
and which meets the machinability, addressing, and barcoding
specifications and other preparation requirements prescribed by the
Postal Service.
421.42 Barcoded Flats Discounts. Barcoded flats discounts apply to
flat size Regular subclass mail mailed under sections 421.31 and 421.32
which bear a barcode representing not more than 11 digits (not
including ``correction'' digits) as prescribed by the Postal Service,
and meet the flats machinability, addressing, and barcoding
specifications and other preparation requirements prescribed by the
Postal Service.
421.43 High Density Discount. The high density discount applies to
Regular subclass mail mailed under section 421.33, presented in walk
sequence order, and meeting the high density and preparation
requirements prescribed by the Postal Service.
421.44 Saturation Discount. The saturation discount applies to
Regular subclass mail mailed under section 421.33, presented in walk-
sequence order, and meeting the saturation and preparation requirements
prescribed by the Postal Service.
421.45 Destination Entry Discounts. Destination entry discounts
apply to Regular subclass mail which is destined for delivery within
the service area of the destination sectional center facility (SCF) or
the destination delivery unit (DDU) in which it is entered, as defined
by the Postal Service. The DDU discount only applies to Carrier Route
rate category mail.
421.46 Nonadvertising Discount. The nonadvertising discount
applies to all Regular subclass mail and is determined by multiplying
the proportion of nonadvertising content by the discount factor set
forth in Rate Schedule 421 and subtracting that amount from the
applicable piece rate.
422 [Reserved]
423 Preferred Rate Periodicals
423.1 Definition. Periodicals class mail, other than publications
qualifying as Requester Publications, may qualify for Preferred Rate
Periodicals rates if it meets the applicable requirements for those
rates in sections 423.2 through 423.5.
423.2 Within County Subclass
423.21 Definition. Within County mail consists of Preferred Rate
Periodicals class mail mailed in, and addressed for delivery within,
the county where published and originally entered, from either the
office of original entry or additional entry. In addition, a Within
County publication must meet one of the following conditions:
a. The total paid circulation of the issue is less than 10,000
copies; or
b. The number of paid copies of the issue distributed within the
county of publication is at least one more than one-half of the total
paid circulation of such issue.
423.22 Entry in an Incorporated City. For the purpose of
determining eligibility for Within County mail, when a publication has
original entry at an independent incorporated city which is situated
entirely within a county or which is contiguous to one or more counties
in the same state, such incorporated city shall be considered to be
within the county with which it is principally contiguous. Where more
than one county is involved, the publisher will select the principal
county.
423.3 Nonprofit Subclass
423.31 Definition. Nonprofit mail is Preferred Rate Periodicals
class mail entered by authorized nonprofit organizations or
associations of the following types:
a. Religious,
b. Educational,
c. Scientific,
d. Philanthropic,
e. Agricultural,
f. Labor,
g. Veterans',
h. Fraternal, and
i. Associations of rural electric cooperatives,
j. One publication, which contains no advertising published by the
official highway or development agency of a state,
k. Program announcements or guides published by an educational
radio or
[[Page 32673]]
television agency of a state or political subdivision thereof or by a
nonprofit educational radio or television station.
l. One conservation publication published by an agency of a state
which is responsible for management and conservation of the fish or
wildlife resources of such state.
423.32 Definitions of Nonprofit Organizations and Associations.
Nonprofit organizations or associations are organizations or
associations not organized for profit, none of the net income of which
benefits any private stockholder or individual, and which meet the
qualifications set forth below for each type of organization or
association. The standard of primary purpose applies to organizations
listed under section 423.31 a through f. The standard of primary
purpose requires that each type of organization or association be both
organized and operated for the primary purpose.
a. Religious. A nonprofit organization whose primary purpose is one
of the following:
i. To conduct religious worship;
ii. To support the religious activities of nonprofit organizations
whose primary purpose is to conduct religious worship;
iii. To perform instruction in, to disseminate information about,
or otherwise to further the teaching of particular religious faiths or
tenets.
b. Educational. A nonprofit organization whose primary purpose is
one of the following:
i. The instruction or training of the individual for the purpose of
improving or developing his capabilities;
ii. The instruction of the public on subjects beneficial to the
community.
An organization may be educational even though it advocates a
particular position or viewpoint so long as it presents a sufficiently
full and fair exposition of the pertinent facts to permit an individual
or the public to form an independent opinion or conclusion. On the
other hand, an organization is not educational if its principal
function is the mere presentation of unsupported opinion.
c. Scientific. A nonprofit organization whose primary purpose is
one of the following:
i. To conduct research in the applied, pure or natural sciences;
ii. To disseminate systematized technical information dealing with
applied, pure or natural sciences.
d. Philanthropic. A nonprofit organization primarily organized and
operated for purposes beneficial to the public. Philanthropic
organizations include, but are not limited to, organizations which are
organized for:
i. Relief of the poor and distressed or of the underprivileged;
ii. Advancement of religion;
iii. Advancement of education or science;
iv. Erection or maintenance of public buildings, monuments, or
works;
v. Lessening of the burdens of government;
vi. Promotion of social welfare by organizations designed to
accomplish any of the above purposes or;
(a) To lessen neighborhood tensions;
(b) To eliminate prejudice and discrimination;
(c) To defend human and civil rights secured by law; or
(d) To combat community deterioration and juvenile delinquency.
e. Agricultural. A nonprofit organization whose primary purpose is
the betterment of the conditions of those engaged in agricultural
pursuits, the improvement of the grade of their products, and the
development of a higher degree of efficiency in agriculture. The
organization may advance agricultural interests through educational
activities; the holding of agricultural fairs; the collection and
dissemination of information concerning cultivation of the soil and its
fruits or the harvesting of marine resources; the rearing, feeding, and
management of livestock, poultry, and bees, or other activities
relating to agricultural interests. The term agricultural nonprofit
organization also includes any nonprofit organization whose primary
purpose is the collection and dissemination of information or materials
relating to agricultural pursuits.
f. Labor. A nonprofit organization whose primary purpose is the
betterment of the conditions of workers. Labor organizations include,
but are not limited to, organizations in which employees or workmen
participate, whose primary purpose is to deal with employers concerning
grievances, labor disputes, wages, hours of employment and working
conditions.
g. Veterans'. A nonprofit organization of veterans of the armed
services of the United States, or an auxiliary unit or society of, or a
trust or foundation for, any such post or organization.
h. Fraternal. A nonprofit organization which meets all of the
following criteria:
i. Has as its primary purpose the fostering of brotherhood and
mutual benefits among its members;
ii. Is organized under a lodge or chapter system with a
representative form of government;
iii. Follows a ritualistic format; and
iv. Is comprised of members who are elected to membership by vote
of the members.
423.4 Classroom Subclass
Classroom mail is of Preferred Rate Periodicals class mail which,
consists of religious, educational, or scientific publications designed
specifically for use in school classrooms or religious instruction
classes.
423.5 Science of Agriculture
Science of Agriculture mail consists of Preferred Rate Periodicals
class mail devoted to the science of agriculture if the total number of
copies of the publication furnished during any 12-month period to
subscribers residing in rural areas amounts to at least 70 percent of
the total number of copies distributed by any means for any purpose.
423.6 Preferred Rate Discounts
423.61 Destination Entry Discounts. Copies of any Preferred Rate
Periodicals class mail which are destined for delivery within the
destination sectional center facility (SCF) area or the destination
delivery unit (DDU) area in which they are entered, as defined by the
Postal Service, qualify for the applicable discount as set forth in
Rate Schedules 423.2, 423.3, and 423.4.
423.62 ZIP + 4 and Pre-barcoded Letter Discounts. Copies of any
automation compatible Preferred Rate Periodicals class mail which bear
a proper ZIP + 4 code, or which bear a barcode representing not more
than 11 digits (not including ``correction'' digits) as prescribed by
the Postal Service, and which meet the machinability, addressing, and
barcoding specifications and other preparation requirements prescribed
by the Postal Service qualify for the applicable ZIP + 4 or pre-
barcoding discounts as set forth in Rate Schedules 423.2, 423.3, and
423.4.
423.63 125-piece Walk-sequence Discount. Copies of Preferred Rate
Periodicals class mail presented in mailings which are walk sequenced
and contain a minimum of 125 pieces per carrier route and which meet
the preparation requirements prescribed by the Postal Service are
eligible for the applicable discount set forth in Rate Schedules 423.2,
423.3, and 423.4.
423.64 Saturation Discount. Saturation Preferred Rate Periodicals
class mail presented in mailings which are walk sequenced and which
meet the saturation and preparation requirements prescribed by the
Postal Service qualifies for the applicable discount set forth in Rate
Schedules 423.2, 423.3, and 423.4.
423.65 Pre-barcoded Flats Discounts. Pre-barcoded Preferred Rate
Periodicals class flats which are properly prepared and presorted,
which bear a barcode as prescribed by the
[[Page 32674]]
Postal Service, and which meet the flats machinability and address
readability specifications of the Postal Service, are eligible for the
applicable discounts for pre-barcoded flats set forth in Rate Schedules
423.2, 423.3, and 423.4.
430 PHYSICAL LIMITATIONS
There are no maximum size or weight limits for Periodicals class
mail.
440 POSTAGE AND PREPARATION
441 Postage. Postage must be paid on Periodicals class mail as set
forth in section 3000.
442 Presortation. Periodicals class mail must be presorted in
accordance with regulations prescribed by the Postal Service.
443 Attachments and Enclosures
443.1 General. First-Class Mail or Standard Mail from any of the
subclasses listed in section 321 (Single Piece, Regular, Enhanced
Carrier Route or Nonprofit) may be attached to or enclosed with
Periodicals class mail. The piece must be marked as prescribed by the
Postal Service. Except as provided in section 443.2, additional postage
must be paid for the attachment or enclosure as if it had been mailed
separately. Otherwise, the entire combined piece is subject to the
appropriate First-Class or section 321 Standard Mail rate for which it
qualifies (unless the rate applicable to the host piece is higher), or,
if a combined piece with a section 321 Standard Mail attachment or
enclosure weighs 16 ounces or more, the piece is subject to the Parcel
Post rate for which it qualifies.
443.2 Incidental First-Class Mail Attachments and Enclosures.
First-Class Mail that meets one or more of the definitions in sections
210 b through d may be attached to or enclosed with Periodicals class
mail, with postage paid on the combined piece at the applicable
Periodicals rate, if the attachment or enclosure is incidental to the
piece to which it is attached or with which it is enclosed.
444 Identification
Periodicals class mail must be identified as required by the Postal
Service. Nonsubscriber and nonrequester copies, including sample and
complimentary copies, must be identified as required by the Postal
Service.
445 Filing of Information
Information relating to Periodicals class mail must be filed with
the Postal Service in accordance with 39 U.S.C. 3685.
446 Enclosures and Supplements
Periodicals class mail may contain enclosures and supplements as
prescribed by the Postal Service. An enclosure or supplement may not
contain writing, printing or sign thereof or therein, in addition to
the original print, except as authorized by the Postal Service, or as
authorized under section 443.2.
450 DEPOSIT AND DELIVERY
451 Deposit
Periodicals class mail must be deposited at places and times
designated by the Postal Service.
452 Service
Periodicals class mail is given expeditious handling insofar as is
practicable.
453 Forwarding and Return
Undeliverable-as-addressed Periodicals class mail will be forwarded
or returned to the mailer, as prescribed by the Postal Service.
Undeliverable-as-addressed combined First-Class and Periodicals class
mail pieces will be forwarded or returned, as prescribed by the Postal
Service. Additional charges when Periodicals class mail is returned
will be based on the applicable Standard Mail rate.
460 ANCILLARY SERVICES
------------------------------------------------------------------------
Service Schedule
------------------------------------------------------------------------
Special delivery........................... SS-17
------------------------------------------------------------------------
470 RATES AND FEES
The rates and fees for Periodicals class mail are set forth as
follows:
------------------------------------------------------------------------
Schedule
------------------------------------------------------------------------
a. Regular................................................ 421
b. Within County.......................................... 423.2
c. Nonprofit.............................................. 423.3
d. Classroom.............................................. 423.4
e. Science of Agriculture................................. 421
f. Fees................................................... 1000
------------------------------------------------------------------------
480 AUTHORIZATIONS AND LICENSES
481 Entry Authorizations
Prior to mailing at Periodicals rates, a publication must be
authorized for entry as Periodicals class mail by the Postal Service.
Each authorized publication will be granted one original entry
authorization at the post office where the office of publication is
maintained. An authorization for the establishment of an account to
enter a publication at an additional entry office may be granted by the
Postal Service upon application by the publisher. An application for
re-entry must be made whenever the publisher proposes to change the
publication's title, frequency of issue or office of original entry.
482 Preferred Rate Authorization
Prior to mailing at Nonprofit, Classroom, and Science of
Agriculture rates, a publication must obtain an additional Postal
Service entry authorization to mail at those rates.
483 Mailing by Publishers and News Agents
Periodicals class mail may be mailed only by publishers or
registered news agents. A news agent is a person or concern engaged in
selling two or more Periodicals publications published by more than one
publisher. News agents must register at all post offices at which they
mail Periodicals class mail.
484 Fees
Fees for original entry, additional entry, re-entry, and
registration of a news agent are set forth in Rate Schedule 1000.
Classification Schedule SS-1--Address Correction Service
1.01 Definition
1.010 Address correction service is a service which provides the
mailer with a method of obtaining the correct address, if available to
the Postal Service, of the addressee or the reason for nondelivery.
1.02 Description of Service
1.020 Address correction service is available to mailers of
postage prepaid mail of all classes. Periodicals class mail will
receive address correction service.
1.021 Address correction service is not available for items
addressed for delivery by military personnel at any military
installation.
1.022 Address correction provides the following service to the
mailer:
a. If the correct address is known to the Postal Service, the
mailer is notified of both the old and the correct address.
b. If the item mailed cannot be delivered, the mailer will be
notified of the reason for nondelivery.
1.03 Requirements of the Mailer
1.030 Mail, other than Periodicals class mail, sent under this
classification schedule must bear a request for address correction
service.
1.04 Fees
1.040 There is no charge for address correction service when the
correction is provided incidental to the return of the mail piece to
the sender.
[[Page 32675]]
1.041 A fee, as set forth in Rate Schedule SS-1, is charged for
all other forms of address correction service.
Classification Schedule SS-2--Business Reply Mail
2.01 Definition
2.010 Business reply mail is a service whereby business reply
cards, envelopes, cartons and labels may be distributed by or for a
business reply distributor for use by mailers for sending First-Class
Mail without prepayment of postage to an address chosen by the
distributor. A distributor is the holder of a business reply license.
2.02 Description of Service
2.020 The distributor guarantees payment on delivery of postage
and fees for all returned business reply mail. Any distributor of
business reply cards, envelopes, cartons, and labels under any one
license, for return to several addresses guarantees to pay postage and
fees on any returns refused by any such addressee.
2.03 Requirements of the Mailer
2.030 Business reply cards, envelopes, cartons and labels must be
preaddressed and bear business reply markings.
2.0301 Handwriting, typewriting or handstamping are not acceptable
methods of preaddressing or marking business reply cards, envelopes,
cartons and labels.
2.04 Fees
2.040 The fees for business reply mail are set forth in Rate
Schedule SS-2.
2.041 To qualify as an active business reply mail advance deposit
trust account, the account must be used solely for business reply mail
and contain sufficient postage and fees due for returned business reply
mail.
2.042 An accounting fee as set forth in Rate Schedule SS-2 must be
paid each year for each advance deposit business reply account at each
facility where the mail is to be returned.
2.05 Authorizations and Licenses
2.050 In order to distribute business reply cards, envelopes,
cartons or labels, the distributor must obtain a license or licenses
from the Postal Service and pay the appropriate fee as set forth in
Rate Schedule SS-2.
2.0501 Except as provided in section 2.0502, the license to
distribute business reply cards, envelopes, cartons or labels must be
obtained at each office from which the mail is offered for delivery.
2.0502 If the business reply mail is to be distributed from a
central office to be returned to branches or dealers in other cities,
one license obtained from the post office where the central office is
located may be used to cover all business reply mail.
2.051 The license to mail business reply mail may be canceled for
failure to pay business reply postage and fees when due, and for
distributing business reply cards or envelopes which do not conform to
prescribed form, style or size.
Classification Schedule SS-3--Caller Service
3.01 Definitions
3.010 Caller service is a service which permits a customer to
obtain his mail addressed to a box number through a call window or
loading dock.
3.02 Description of Service
3.020 Caller service uses post office box numbers as the address
medium but does not actually use a post office box.
3.021 Caller service is not available at certain postal
facilities.
3.022 Caller service is provided to customers on the basis of mail
volume received, and number of post office boxes rented at any one
facility.
3.023 A customer may reserve a caller number.
3.024 Caller service cannot be used when the sole purpose is, by
subsequently filing change of address orders, to have mail forwarded or
transferred to another address by the Postal Service free of charge.
3.03 Fees
3.030 Fees for caller service are set forth in Rate Schedule SS-
10.
Classification Schedule SS-4--Certificate of Mailing
4.01 Definition
4.010 Certificate of mailing service is a service which furnishes
evidence of mailing.
4.02 Description of Service
4.020 Certificate of mailing service is available to mailers of
matter sent under the classification schedule to any class of mail.
4.021 A receipt is not obtained upon delivery of the mail to the
addressee. No record of mailing is maintained at the post office.
4.022 Additional copies of certificates of mailing may be obtained
by the mailer.
4.03 Other Services
4.030 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Parcel airlift......................... SS-13
b. Special delivery....................... SS-17
c. Special handling....................... SS-18
------------------------------------------------------------------------
4.04 Fees
4.040 The fees for certificate of mailing service are set forth in
Rate Schedule SS-4.
Classification Schedule SS-5--Certified Mail
5.01 Definition
5.010 Certified mail service is a service that provides a mailing
receipt to the sender and a record of delivery at the office of
address.
5.02 Description of Service
5.020 Certified mail service is provided for matter mailed as
First-Class Mail.
5.021 If requested by the mailer, the time of acceptances by the
Postal Service will be indicated on the receipt.
5.022 A record of delivery is retained at the office of delivery
for a specified period of time.
5.023 If the initial attempt to delivery mail is not successful, a
notice of arrival is left at the mailing address.
5.024 A receipt of mailing may be obtained only if the article is
mailed at a post office, branch or station, or given to a rural
carrier.
5.025 Additional copies of the original mailing receipt may be
obtained by the mailer.
5.03 Deposit of Mail
5.030 Certified mail must be deposited in a manner specified by
the Postal Service.
5.04 Other Services
5.040 The following services may be obtained in conjunction with
mail sent under this classification schedule upon payment of the
applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Restricted delivery.................... SS-15
b. Return receipt......................... SS-16
c. Special delivery....................... SS-17
------------------------------------------------------------------------
5.05 Fees
5.050 The fees for certified mail service are set forth in Rate
Schedule SS-5.
[[Page 32676]]
Classification Schedule SS-6--Collect on Delivery Service
6.01 Definition
6.010 Collect on Delivery (COD) service is a service which allows
a mailer to mail an article for which he has not been paid and have the
price, the cost of postage and fees, and anticipated or past due
charges collected by the Postal Service from the addressee when the
article is delivered.
6.02 Description of Service
6.020 COD service is available for collection of $600 or less upon
the delivery of postage prepaid mail sent under the following
classification schedules:
a. Express Mail
b. First-Class Mail
c. Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library Standard Mail
6.0201 Service under this schedule is not available for:
a. Collection agency purposes;
b. Return of merchandise about which some dissatisfaction has
arisen, unless the new addressee has consented in advance to such
return;
c. Sending only bills or statements of indebtedness, even though
the sender may establish that the addressee has agreed to collection in
this manner; however, when the legitimate COD shipment consisting of
merchandise or bill of lading, is being mailed, the balance due on a
past or anticipated transaction may be included in the charges on a COD
article, provided the addressee has consented in advance to such
action;
d. Parcels containing moving-picture films mailed by exhibitors to
moving-picture manufacturers, distributors, or exchanges;
e. Goods which have not been ordered by the addressee.
6.021 COD service provides the mailer with insurance against loss,
rifling and damage to the article as well as failure to receive the
amount collected from the addressee. This provision insures only the
receipt of the instrument issued to the mailer after payment of COD
charges, and is not to be construed to make the Postal Service liable
upon any such instrument other than a Postal Service money order.
6.022 A receipt is issued to the mailer for each piece of COD
mail. Additional copies of the original mailing receipt may be obtained
by the mailer.
6.023 Delivery of COD mail will be made in a manner specified by
the Postal Service. If a delivery to the mailing address is not
attempted or if a delivery attempt is unsuccessful, a notice of arrival
will be left at the mailing address.
6.024 The mailer may receive a notice of nondelivery if the piece
mailed is endorsed appropriately.
6.025 The mailer may designate a new addressee or alter the COD
charges by submitting the appropriate form and by paying the
appropriate fee as set forth in Rate Schedule SS-6.
6.026 A claim for complete loss may be filed by the mailer only. A
claim for damage or for partial loss may be filed by either the mailer
or addressee.
6.027 COD indemnity claims must be filed within a specified period
of time from the date the article was mailed.
6.03 Requirements of the Mailer
6.030 COD mail must be identified as COD mail.
6.04 Deposit of Mail
6.040 COD mail must be deposited in a manner specified by the
Postal Service.
6.05 Forwarding and Return
6.050 A mailer of COD mail guarantees to pay any return postage,
unless otherwise specified on the piece mailed.
6.051 For COD mail sent as Standard Mail, postage at the
applicable rate will be charged to the addressee:
a. When an addressee, entitled to delivery to the mailing address
under Postal Service regulations, requests delivery of COD mail which
was refused when first offered for delivery;
b. For each delivery attempt, to an addressee entitled to delivery
to the mailing address under Postal Service regulations, after the
second such attempt.
6.06 Other Services
6.060 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fee:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Registered mail, if sent as First-Class SS-14
b. Restricted delivery.................... SS-15
c. Special delivery....................... SS-17
d. Special handling....................... SS-18
------------------------------------------------------------------------
6.07 Fees
6.070 Fees for COD service are set forth in Rate Schedule SS-6.
Classification Schedule SS-8--Domestic Postal Money Orders
8.01 Definition
8.010 Money order service is a service that provides the customer
with an instrument for payment of a specified sum of money.
8.02 Description of Service
8.020 The maximum value for which a domestic postal money order
may be purchased is $700. Other restrictions on the number or dollar
value of postal money order sales, or both, may be imposed in
accordance with regulations prescribed by the Postal Service.
8.021 A receipt of purchase is provided at no additional cost.
8.022 The Postal Service will replace money orders that are
spoiled or incorrectly prepared, regardless of who caused the error,
without charge if replaced on the date originally issued.
8.0221 If a replacement money order is issued after the date of
original issue because the original was spoiled or incorrectly
prepared, the applicable money order fee may be collected from the
customer.
8.023 Inquiries and/or claims may be filed by the purchaser,
payee, or endorsee.
8.03 Fees
8.030 The fees for domestic postal money orders are set forth in
Rate Schedule SS-8.
Classification Schedule SS-9--Insured Mail
9.01 Definition
9.010 Insured mail service is a service that provides the mailer
with indemnity for loss of, rifling of, or damage to items sent under
this classification schedule.
9.02 Description of Service
9.020 The maximum liability of the Postal Service under this
schedule is $600.
9.021 Insured mail service is available for mail sent under the
following classification schedules:
a. First-Class Mail, if containing matter which may be mailed as
Standard Mail
b. Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library Standard Mail
9.022 This service is not available for matter offered for sale,
addressed to prospective purchasers who have not ordered or authorized
their sending. If such matter is received in the mail, payment will not
be made for loss, rifling, or damage.
[[Page 32677]]
9.023 The mailer is issued a receipt for each item mailed. For
items insured for more than $50, a receipt of delivery is obtained by
the Postal Service.
9.024 For items insured for more than $50, a notice of arrival is
left at the mailing address when the first attempt at delivery is
unsuccessful.
9.025 A claim for complete loss may be filed by the mailer only. A
claim for damage or for partial loss may be filed by either the mailer
or addressee.
9.026 A claim for damage or loss on a parcel sent merchandise
return (SS-20) may only be filed by the purchaser of the insurance.
9.027 Indemnity claims for insured mail must be filed within a
specified period of time from the date the article was mailed.
9.028 Additional copies of the original mailing receipt may be
obtained by the mailer, upon payment of the applicable fee set forth in
Rate Schedule SS-9.
9.03 Deposit of Mail
9.030 Insured mail must be deposited in a manner specified by the
Postal Service.
9.04 Forwarding and Return
9.040 By insuring an item, the mailer guarantees forwarding and
return postage unless instructions on the piece mailed indicate that it
not be forwarded or returned.
9.041 Mail undeliverable as addressed sent under this schedule
will be returned to the sender as specified by the sender or by the
Postal Service.
9.05 Other Services
9.050 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Parcel Airlift......................... SS-13
b. Restricted delivery (for items insured SS-15
for more than $50).
c. Return receipt (for items insured for SS-16
more than $50).
d. Special delivery....................... SS-17
e. Special handling....................... SS-18
f. Merchandising return (shippers only)... SS-20
------------------------------------------------------------------------
9.06 Fees
9.060 The fees for insured mail service are set forth in Rate
Schedule SS-9.
Classification Schedule SS-10--Post Office Box Service
10.01 Definition
10.010 Post office box service is a service which provides the
customer with a private, locked receptacle for the receipt of his mail
during the hours when the lobby of a postal facility is open.
10.02 Description of Service
10.020 The Postal Service may limit the number of post office
boxes occupied by any one customer.
10.021 A post office box holder may request the Postal Service to
deliver all mail properly addressed to him through the post office box.
If the post office box is located at the post office indicated on the
piece, it will be transferred without additional charge, in accordance
with existing regulations.
10.022 Post office box service cannot be used when the sole
purpose is, by subsequently filing change of address orders, to have
mail forwarded or transferred to another address by the Postal Service
free of charge.
10.03 Fees
10.030 Fees for post office box service are set forth in Rate
Schedule SS-10.
10.031 In postal facilities primarily serving academic
institutions or the students of such institutions, periods of rental
and fees for post office boxes are:
------------------------------------------------------------------------
Period for box rentals Fee
------------------------------------------------------------------------
95 days or less........................... \1/2\ semi-annual fee.
96 to 140 days............................ \3/4\ semi-annual fee.
141 to 190 days........................... Full semi-annual fee.
191 to 230 days........................... 1\1/4\ semi-annual fee.
231 to 270 days........................... 1\1/2\ semi-annual fee.
271 days to full year..................... Full annual fee.
------------------------------------------------------------------------
10.032 No refunds will be made for boxes rented under section
10.031. For purposes of this classification schedule SS-10, the full
annual fee is twice the amount of the semi-annual fee.
Classification Schedule SS-11--Mailing List Services
11.01 Definition
11.010 Mailing list services include:
a. Correction of mailing lists;
b. Change of address information for election boards and
registration commissions;
c. ZIP coding of mailing lists; and
d. Arrangement of address cards in the sequence of delivery.
11.0101 Correction of mailing list service provides current
information concerning name and address mailing lists or correct
information concerning occupant mailing lists.
11.0102 ZIP coding of mailing lists service is a service
identifying ZIP code addresses in areas served by multi-ZIP coded
postal facilities.
11.02 Description of Service
11.020 Correction of mailing list service is available only to the
following owners of name and address or occupant mailing lists:
a. Members of Congress
b. Federal agencies
c. State government departments
d. Municipalities
e. Religious organizations
f. Fraternal organizations
g. Recognized charitable organizations
h. Concerns or persons who solicit business by mail
11.0201 The following corrections will be made to name and address
lists:
a. Names to which mail cannot be delivered or forwarded will be
deleted;
b. Incorrect house, rural, or post office box numbers will be
corrected;
c. When permanent forwarding orders are on file for customers who
have moved, new addresses including ZIP codes will be furnished;
d. New names will not be added to the list.
11.0202 The following corrections will be made to occupant lists:
a. Numbers representing incorrect or non-existent street addresses
will be deleted;
b. Business or rural route addresses will be distinguished if
known;
c. Corrected cards or sheets will be grouped by route;
d. Street address numbers will not be added or changed.
11.0203 Corrected lists will be returned to customers at no
additional charge.
11.021 Residential change-of-address information is available only
to election boards or registration commissions for obtaining, if known
to the Postal Service, the current address of an addressee.
11.022 ZIP coding or mailing list service provides that addresses
will be sorted to the finest possible ZIP code sortation.
11.0221 Gummed labels, wrappers, envelopes or postal or post cards
indicative of one-time use will not be accepted as mailing lists.
11.023 Sequencing of address cards service provides for the
removal of incorrect addresses, notation of missing addresses and
addition of missing addresses.
11.03 Requirements of Customer
11.030 A customer desir
FR Doc. 96-15932 Amendments to Domestic Mail Classification Schedule: Mail Classification Reform, Classification Reform I (MC95-1) and Experimental First-Class and Priority Mail Small Parcel Automation Rate Category (MC96-1)
ing correction of a mailing list or
arrangement of address cards in sequence of carrier delivery must
[[Page 32678]]
submit the list or cards as prescribed by regulation.
11.04 Fees
11.040 The fees for mailing list services are set forth in Rate
Schedules SS-11a, SS-11b, SS-11c and SS-11d.
Classification Schedule SS-12--On-Site Meter Setting
12.01 Definition
12.010 On-site meter setting or examination service is a service
whereby the Postal Service will service a postage meter at the mailer's
or meter manufacturer's premises.
12.02 Description of Service
12.020 On-site meter setting or examination service is available
on a scheduled basis, and meter setting may be done on an emergency
basis for those customers enrolled in the scheduled on-site meter
setting or examination program.
12.03 Fees
12.030 The fees for on-site meter setting or examination service
are set forth in Rate Schedule SS-12.
Classification Schedule SS-13--Parcel Airlift (PAL)
13.01 Definition
13.010 Parcel airlift service is a service that provides for air
transportation of parcels on a space available basis to or from
military post offices outside the contiguous 48 states.
13.02 Description of Service
13.020 Parcel airlift service is available for mail sent under the
following classification schedule:
Standard Mail
13.03 Physical Limitations
13.030 The minimum physical limitations established for the mail
sent under the classification schedule for which postage is paid apply
to parcel airlift mail. In no instance may the parcel exceed 30 pounds
in weight, or 60 inches in length and girth combined.
13.04 Requirements of the Mailer
13.040 Mail sent under this schedule must be endorsed as
prescribed by regulation.
13.05 Deposit of Mail
13.050 PAL mail must be deposited in a manner specified by the
Postal Service.
13.06 Forwarding and Return
13.060 PAL mail sent for delivery outside the contiguous 48 states
is forwarded as set forth in section 2030 of the General Definitions,
Terms and Conditions. PAL mail sent for delivery within the contiguous
48 states is forwarded or returned as set forth in section 353 as
appropriate.
13.07 Other Services
13.070 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Certificate of mailing................. SS-4
b. Insured mail........................... SS-9
c. Restricted delivery (if insured for SS-15
more than $25).
d. Return receipt (if insured for more SS-16
than $25).
e. Special delivery (if mailed for SS-17
delivery within the 48 contiguous states).
f. Special handling....................... SS-18
------------------------------------------------------------------------
13.08 Fees
13.080 The fees for parcel airlift service are set forth in Rate
Schedule SS-13.
Classification Schedule SS-14--Registered Mail
14.01 Definition
14.010 Registered mail is a service which provides added
protection to mail sent under this Domestic Mail Classification
Schedule and optional indemnity in case of loss or damage.
14.02 Description of Service
14.020 Registered mail service is available to mailers of prepaid
mail sent as First-Class Mail except that registered mail must meet the
minimum requirements for length and width regardless of thickness.
14.021 Registered mail service provides optional insurance up to a
maximum of $25,000.
14.022 There is no limit on the value of articles sent under this
classification schedule.
14.023 Registered mail service is not available for:
a. All delivery points because of the high security required for
registered mail; in addition, not all delivery points will be available
for registry and liability is limited in some geographic areas.
b. Mail of any class sent in combination with First-Class Mail;
c. Two or more articles tied or fastened together, unless the
envelopes are enclosed in the same envelope or container.
14.024 The following services are provided as part of registered
mail service at no additional cost to the mailer:
a. A receipt;
b. A record of delivery, retained by the Postal Service for a
specified period of time;
c. A notice of arrival will be left at the mailing address if the
initial delivery attempt is unsuccessful;
d. When registered mail is undeliverable-as-addressed and cannot be
forwarded, a notice of nondelivery is provided.
14.025 A claim for complete loss of insured articles may be filed
by the mailer only. A claim for damage or for partial loss of insured
articles may be filed by either the mailer or addressee.
14.026 Indemnity claims for registered mail on which optional
insurance has been elected must be filed within a specified period of
time from the date the article was mailed.
14.027 No indemnity is paid on any matter registered free.
14.03 Deposit of Mail
14.030 Registered mail must be deposited in a manner specified by
the Postal Service.
14.04 Service
14.040 Registered mail is provided maximum security.
14.05 Forwarding and Return
14.050 Registered mail is forwarded and returned without
additional registry charge.
14.06 Other Services
14.060 The following services may be obtained in conjunction with
mail sent under this classification schedule upon payment of applicable
fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Collect on delivery.................... SS-6
b. Restricted delivery.................... SS-15
c. Return receipt......................... SS-16
d. Special delivery....................... SS-17
e. Merchandise return (shippers only)..... SS-20
------------------------------------------------------------------------
14.07 Fees
14.070 The fees for registered mail and related optional indemnity
purchase are set forth in Rate Schedule SS-14.
Classification Schedule SS-15--Restricted Delivery
15.01 Definition
15.010 Restricted delivery service is a service that provides a
means by
[[Page 32679]]
which a mailer may direct that delivery will be made only to the
addressee or to someone authorized by the addressee to receive such
mail.
15.02 Description of Service
15.020 This service is available for mail sent under the following
classification schedules:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Certified Mail......................... SS-5
b. COD Mail............................... SS-6
c. Insured Mail (if insured for more than SS-9
$50).
d. Registered Mail........................ SS-14
------------------------------------------------------------------------
15.021 Restricted delivery is available to the mailer at the time
of mailing or after mailing.
15.022 Restricted delivery service is available only to natural
persons specified by name.
15.023 A record of delivery will be retained by the Postal Service
for a specified period of time.
15.024 Failure to provide restricted delivery service when
requested after mailing, due to prior delivery, is not grounds for
refund of the fee or communications charges.
15.03 Fees
15.030 The fees for restricted delivery service are set forth in
Rate Schedule SS-15.
Classification Schedule SS-16--Return Receipts
16.01 Definition
16.010 Return receipt service is a service which provides evidence
to the mailer that an article has been received at the delivery
address.
16.02 Description of Service
16.020 Return receipt service is available for mail sent under the
following classification schedules:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Certified mail......................... SS-5
b. COD mail............................... SS-6
c. Insured mail (if insured for more than SS-9
$50).
d. Registered mail........................ SS-14
e. Express Mail...........................
f. First-Class (merchandise only).........
g. Standard Mail (merchandise only).......
------------------------------------------------------------------------
16.021 Return receipt service is available at the time of mailing
or after mailing.
16.0211 Mailers requesting return receipt service at the time of
mailing will be provided, as appropriate:
a. The signature of the addressee or his agent and the date
delivered, or
b. The signature of the addressee or his agent, the date delivered
and the address of delivery.
16.0212 Mailers requesting return receipt service after mailing
will be provided the date of delivery and the name of the person who
signed for the article.
16.022 If the mailer does not receive a return receipt within a
specified period of time from the date of mailing, the mailer may
request a duplicate return receipt. No fee is charged for a duplicate
return receipt.
16.03 Fees
16.030 The fees for return receipt service are set forth in Rate
Schedule SS-16.
Classification Schedule SS-17--Special Delivery
17.01 Definition
17.010 Special delivery service is a service that provides for
preferential handling in dispatch and transportation, and delivery of
mail as soon as practicable after arrival at the addressee's post
office.
17.02 Description of Service
17.020 Special delivery service is available for mail sent under
the following classification schedules:
a. First-Class Mail
b. Periodicals
c. Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library Standard Mail
17.021 Special delivery is made only to addresses where it is
known that such delivery can be made.
17.022 Special delivery mail is delivered during prescribed hours
in addition to regular carrier delivery hours.
17.023 If delivery cannot be made a notice of arrival is left at
the address.
17.03 Requirements of the Mailers
17.030 Mail sent under this classification schedule must be
identified as prescribed by regulation.
17.04 Deposit of Mail
17.040 Special delivery mail must be deposited in a manner
prescribed by the Postal Service.
17.05 Forwarding and Return
17.050 Special delivery mail which is forwarded or returned does
not receive special delivery service unless the special delivery fee
has been guaranteed, or if a forwarding order had been given by the
addressee at the office of original address in advance of the arrival
of the mail.
17.06 Other Services
17.060 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Certificate of mailing................. SS-4
b. Certified mail......................... SS-5
c. COD mail............................... SS-6
d. Insured mail........................... SS-9
e. Parcel airlift......................... SS-13
f. Registered mail........................ SS-14
------------------------------------------------------------------------
17.07 Fees
17.070 The fees for special delivery service are set forth in Rate
Schedule SS-17.
Classification Schedule SS-18--Special Handling
18.01 Definition
18.010 Special handling service is a service that provides
preferential handling to the extent practicable during dispatch and
transportation.
18.02 Description of Service
18.020 Special handling service is available for mail sent under
the following classification schedules:
a. First-Class Mail
b. Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library Standard Mail
18.021 Special handling (or special delivery) service is mandatory
for matter which requires special attention in handling, transportation
and delivery.
18.03 Requirements of the Mailer
18.030 Mail sent under this schedule must be identified as
prescribed by regulation.
18.04 Deposit of Mail
18.040 Mail sent under this schedule must be deposited in a manner
prescribed by the Postal Service.
18.05 Forwarding and Return
18.050 If undeliverable as addressed, special handling mail that
is forwarded to the addressee is given special handling without
requiring payment of an additional handling fee. However, additional
postage at the applicable Standard Mail rate is collected on delivery.
18.06 Other Services
18.060 The following services may be obtained in conjunction with
mail sent under this classification schedule upon payment of the
applicable fees:
[[Page 32680]]
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. COD mail............................... SS-6
b. Insured mail........................... SS-9
c. Parcel airlift......................... SS-13
d. Merchandise return (shippers only)..... SS-20
------------------------------------------------------------------------
18.07 Fees
18.070 The fees for special handling service are set forth in Rate
Schedule SS-18.
Classification Schedule SS-19--Stamped Envelopes
19.01 Definition
19.010 Plain stamped envelopes and printed stamped envelopes are
envelopes with postage thereon offered for sale by the Postal Service.
19.02 Description of Service
19.020 Stamped envelopes are available for:
a. First-Class Mail within the first rate increment.
b. Standard Mail mailed at a minimum per-piece rate as prescribed
by the Postal Service.
19.021 Printed stamped envelopes may be obtained by special
request.
19.03 Fees
19.030 The fees for stamped envelopes are set forth in Rate
Schedule SS-19.
Classification Schedule SS-20--Merchandise Return
20.01 Definition
20.010 Merchandise return service provides a method whereby a
shipper may authorize its customers to return a parcel with the postage
paid by the shipper. A shipper is the holder of a merchandise return
permit.
20.02 Description of Service
20.020 Merchandise return service is available to all shippers who
obtain the necessary permit and who guarantee payment of postage and
fees for all returned parcels.
20.021 Merchandise return service is available for the return of
any parcel under the following classification schedules.
a. First-Class Mail
b. Standard Mail
20.03 Requirements of the Mailer
20.030 Merchandise return labels must be prepared at the shipper's
expense to specifications set forth by the Postal Service.
20.031 The shipper must furnish its customer with an appropriate
merchandise return label.
20.04 Other Services
20.040 The following services may be purchased in conjunction with
Merchandise Return Service:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Certificate of mailing................. SS-4
b. Insured mail........................... SS-9
c. Registered mail........................ SS-14
d. Special handling....................... SS-18
------------------------------------------------------------------------
20.041 Only the shipper may purchase insurance service for the
merchandise return parcel by indicating the amount of insurance on the
merchandise return label before providing it to the customer. The
customer who returns a parcel to the shipper under merchandise return
service may not purchase insurance.
20.05 Fees
20.050 The fee for the merchandise return service is set forth in
Rate Schedule SS-20. This fee is paid by the shipper.
20.06 Authorizations and Licenses
20.060 A permit fee as set forth in Rate Schedule 1000 must be
paid once each calendar year by shippers utilizing merchandise return
service.
20.061 The merchandise return permit may be canceled for failure
to maintain sufficient funds in a trust account to cover postage and
fees on returned parcels or for distributing merchandise return labels
that do not conform to Postal Service specifications.
Rate Schedules
Calculation of Postage
When a rate schedule contains per-piece and per pound rates, the
postage shall be the sum of the charges produced by those rates.
When a rate schedule contains a minimum-per-piece rate and a pound
rate, the postage shall be the greater of the two.
When the computation of postage yields a fraction of a cent in the
charge, the next higher whole cent must be paid.
Express Mail Rate Schedules 121,122, and 123 *
[Dollars]
------------------------------------------------------------------------
Schedule 123
Weight not Schedule 121 Schedule 122 Schedule 123 next day and
exceeding same day custom next day and second day
(pounds) airport designed second day PO to
service PO to PO addressee
------------------------------------------------------------------------
\1/2\.........
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[[Page 32681]]
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------------------------------------------------------------------------
* Notes:
1. The applicable 2-pound rate is charged for matter sent in a `flat
rate' envelope provided by the Postal Service.
2. Add $ for each pickup stop.
3. Add $ for each Custom Designed delivery stop.
[[Page 32682]]
First-Class Mail Rate Schedule 221, Letters and Sealed Parcels
------------------------------------------------------------------------
Rate
Postage rate unit (cents)
------------------------------------------------------------------------
Letters & Sealed Parcels
Regular
Single First ounce
Piece:
Presort \1\
Pre-barcoded parcels (experimental) \11\
Courtesy Envelope Mail
Additional Ounce \2\
Nonstandard Surcharge
Single Piece
Presort
Automation--Presort \1\
Letters \3\
Basic Presort \4\
3-Digit Presort \5\
5-Digit Presort \6\
Carrier Route Presort \7\
Flats \8\
Basic Presort \9\
\3/5\-Digit Presort \10\
Additional Ounce \2\
Nonstandard Surcharge
------------------------------------------------------------------------
Schedule 221 Notes:
\1\ A mailing fee of $ must be paid once each year at each office of
mailing by any person who mails other than Single Piece First-Class
Mail. Payment of the fee allows the mailer to mail at any First-Class
rate. For presorted mailing weighing more than 2 ounces, subtract
cents per piece.
\2\ Rate applies through 11 ounces. Heavier pieces are subject to
Priority Mail rates.
\3\ Rates apply to bulk-entered mailings of at least 500 letter-size
pieces, which must be delivery point barcoded and meet other
preparation requirements prescribed by the Postal Service.
\4\ Rate applies to letter-size Automation-Presort category mail not
mailed at 3-Digit, or Carrier Route rates.
\5\ Rate applies to letter-size Automation-Presort category mail
presorted to single or multiple three-digit ZIP Code designations as
prescribed by the Postal Service.
\6\ Rate applies to letter-size Automation-Presort category mail
presorted to single or multiple five-digit ZIP Code destinations as
prescribed by the Postal Service.
\7\ Rate applies to letter-size Automation-Presort category mail
presorted to carrier routes specified by the Postal Service.
\8\ Rates apply to bulk-entered mailings of at least 500 flat-size
pieces, each of which must be delivery-point barcoded or bear a ZIP+4
barcode, and must meet other preparation requirements prescribed by
the Postal Service.
\9\ Rate applies to flat-size Automation-Presort category mail not mail
at the \3/5\-Digit rate.
\10\ Rate applies to flat-size Automation-Presort category mail
presorted to single or multiple three- and five-digit ZIP Code
destinations as specified by the Postal Service.
\11\ Nonpresorted pre-barcoded parcels must be properly prepared and
submitted in mailings of at least 50 pieces.
First-Class Mail Rate Schedule 222
[Postal and Post Cards]
------------------------------------------------------------------------
Rate
Postage rate unit (cents)
------------------------------------------------------------------------
Cards
Regular
Single Piece
Presort \1\
Automation-Presort 1, 2
Basic Presort \3\
3-Digit Presort \4\
5-Digit Presort \5\
Carrier Route Presort \6\
------------------------------------------------------------------------
Schedule 222 Notes:
\1\ A mailing fee of $ must be paid once each year at each office of
mailing by any person who mails other than Single Piece First-Class
Mail. Payment of the fee allows the mailer to mail at any First-Class
rate.
\2\ Rates apply to bulk-entered mailings of at least 500 pieces, which
must be barcoded and meet other preparation requirements prescribed by
the Postal Service.
\3\ Rate applies to Automation-Presort category mail not mailed at 3-
Digit, 5-Digit, or Carrier Route rates.
\4\ Rate applies to Automation-Presort category mail presorted to single
or multiple three-digit ZIP Code destinations as prescribed by the
Postal Service.
\5\ Rate applies to Automation-Presort category mail presorted to single
or multiple five-digit ZIP Code destinations as prescribed by the
Postal Service.
\6\ Rate applies to Automation-Presort category mail presorted to
carrier routes specified by the Postal Service.
First-Class Mail Rate Schedules 223 Priority Mail Subclass *
[Dollars]
----------------------------------------------------------------------------------------------------------------
Weight not
exceeding L, 1,2,3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8
(pounds)
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[[Page 32683]]
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62..............
63..............
64..............
65..............
66..............
67..............
68..............
69..............
70..............
----------------------------------------------------------------------------------------------------------------
*Notes:
1. The 2-pound rate is charged for matter sent in a `flat rate' envelope provided by the Postal Service.
2. Add $ for each pickup stop.
3. Pieces presented in mailings of at least 300 pieces and meeting applicable Postal Service regulations for
presorted Priority Mail received the cente per-piece discount.
4. EXCEPTION: Parcels weighing less than 15 pounds, measuring over 84 inches in length and girth combined, and
chargeable with a minimum rate equal to that for a 15-pound parcel for the zone to which addressed.
5. Pieces presented in mailings of at least 50 pieces and meeting applicable Postal Service regulations for pre-
barcoded Priority Mail parcels receive a discount of cents per piece (experimental).
[[Page 32684]]
Standard Mail Rate Schedule 321.1
[Single piece subclass]
------------------------------------------------------------------------
Rate\1\
(cents)
------------------------------------------------------------------------
Basic:
One ounce or less
Not more than two ounces
Not more than three ounces
Not more than four ounces
Not more than five ounces
Not more than six ounces
Not more than seven ounces
Not more than eight ounces
Not more than nine ounces
Not more than ten ounces
Not more than eleven ounces
Not more than thirteen ounces
More than thirteen ounces but less than sixteen ounces
Nonstandard Surcharge \2\
Keys and identification Devices
First 2 ounces
Each additional 2 ounces
------------------------------------------------------------------------
Schedule 321.1 Notes:
\1\ When the postage rate computed at the single piece rate is higher
than the rate prescribed in the other Standard Class parcel categories
contained in rate schedules 322.1, 322.2, 322.3, or .323.1 for which
the piece qualifies, the lower rate applies.
\2\ Applies only to pieces weighing one ounce or less.
Standard Mail Rate Schedule 321.2A Regular Subclass
[Presort Category\1\]
------------------------------------------------------------------------
Rate\1\
(cents)
------------------------------------------------------------------------
Letter size
Piece Rate
Basic
3/5-Digit
Destination Entry Discount per Piece
BMC
SCF
Non-Letter Size
Piece Rate
Minimum per Piece 2/
Basic
3/5 Digit
Destination Entry Discount per Piece
BMC
SCF
Pound Rate 2/
Plus per Piece Rate
Basic
3/5-Digit
Destination Entry Discount per Pound
BMC
SCF
------------------------------------------------------------------------
Schedule 321.2A Notes:
\1\ A fee of must be paid each 12-month period for each bulk mailing
permit
\2\ Mailer pays either the minimum piece rate or the pound rate,
whichever is higher.
Standard Mail Rate Schedule 321.2B Regular Subclass
[Automation Category \1\
------------------------------------------------------------------------
Rate
Letter size \2\ (cents)
------------------------------------------------------------------------
Piece Rate
Basic Letter \3\
3-Digit Letter \4\
5-Digit Letter \5\
Destination Entry Discount per Peice
BMC
SCF
Flat size \6\
Piece Rate
Minimum per Piece \7\
Basic Flat \8\
\3/5\-Digit Flat \9\
Destination Entry Discount per Piece
BMC
SCF
Pound Rate \7\
Plus per piece Rate
Basic Flat
\3/5\-Digit Flat
Destination Entry Discount per Pound
BMC
SCF
------------------------------------------------------------------------
Schedule 321.2B Notes:
\1\ A fee of $ must be paid once each 12-month period for each bulk
mailing permit.
\2\ For letter-size automation pieces meeting applicable Postal Service
regulations.
\3\ Rate applies to letter-size automation mail not mailed at 3-digit, 5-
digit or carrier route rates.
\4\ Rate applies to letter-size automation presorted to single or
multiple three-digit ZIP Code destinations as prescribed by the Postal
Service.
\5\ Rate applies to letter-size automation presorted to single or
multiple five-digit ZIP Code destinations as prescribed by the Postal
Service.
\6\ For flat-size automation mail meeting applicable Postal Service
regulations.
\7\ Mailer pays minimum piece rate or pound rate, whichever is higher.
\8\ Rate applies to flat-size automation mail not mailed at \3/5\-digit
rate.
\9\ Rate applies to flat-size automation mail presorted to single or
multiple three- and five-digit ZIP Code destinations as prescribed by
the Postal Service.
Standard Mail Rate Schedule 321.3
[Enhanced Carrier Route Subclass \1\]
------------------------------------------------------------------------
Rate
(cents)
------------------------------------------------------------------------
Letter Size
Piece Rate
Basic
Basic Automated Letter \2\
High Density
Saturation
Destination Entry Discount per Piece
BMC
SCF
DDU \3\
Non-Letter Size
Piece Rate
Minimum per Piece \4\
Basic
High Density
Saturation
Destination Entry Discount per Piece
BMC
SCF
DDU \3\
Pound Rate \4\
Plus per Piece Rate
Basic
High Density
Saturation
Destination Entry Discount per Pound
BMC
SCF
DDU \3\
------------------------------------------------------------------------
Schedule 321.3 Notes:
\1\ A fee of $ must be paid each 12-month period for each bulk
mailing permit.
\2\ Rate applies to letter-size automation mail presorted to routes
specified by the Postal Service.
\3\ Applies only to enhanced carrier route mail.
\4\ Mailer pays either the minimum piece rate or the pound rate,
whichever is higher.
[[Page 32685]]
Standard Mail Rate Schedule 321.4 Nonprofit Subclass \1\
[Full rates]
------------------------------------------------------------------------
Piece Pound
rate rate
(cents) (cents)
------------------------------------------------------------------------
Piece Rate
Discounts (per piece)
Destination Entry
BMC
SCF
Delivery Office \2\
Presort Level
3/5 Digit
Carrier Route
Saturation
Automation \3\
ZIP + 4 \4\
Basic
3/5 Digit \5\
Barcode \4\
Basic
3-Digit \5\
5-Digit \5\
Piece Rate \6\
Discounts (per piece)
Destination Entry
BMC
SCF
Delivery Office \2\
Presort Level
3/5 Digit
Carrier Route
125-Piece Walk Sequence
Saturation
Automation \7\
Barcode \4\
Basic
3/5 Digit
Pound Rate \6\
Pound Rate plus Per-Piece Rate
Discounts
Destination Entry (per pound)
BMC
SCF
Delivery Office \2\
Presort Level (per piece)
3/5 Digit
Carrier Route
Saturation
Automation (per piece) \7\
Barcode \4\
Basic
3/5 Digit
------------------------------------------------------------------------
Schedule 321.4 Notes:
\1\ A fee of $ must be paid once each 12-month period for each bulk
mailing permit.
\2\ Applies only to carrier route presort, 125-piece walk sequence and
saturation mail.
\3\ For letter-size pieces meeting applicable Postal Service
regulations.
\4\ Among ZIP + 4 and barcode discounts, only one discount may be
applied.
\5\ Deducted from otherwise applicable 3/5-digit rate.
\6\ Mailer pays either the piece or the pound rate, whichever is higher.
\7\ For flat-size pieces meeting applicable Postal Service regulations.
[[Page 32686]]
Standard Mail Rate Schedule 322.1A Parcel Post Subclass Basic Rates*
[Dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Weight not
exceeding Local Zone \1/2\ Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8
(pounds)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..............
2..............
3..............
4..............
5..............
6..............
7..............
8..............
9..............
10..............
11..............
12..............
13..............
14..............
15..............
16..............
17..............
18..............
19..............
20..............
21..............
22..............
23..............
24..............
25..............
26..............
27..............
28..............
29..............
30..............
31..............
32..............
33..............
34..............
35..............
36..............
37..............
38..............
39..............
40..............
41..............
42..............
43..............
44..............
45..............
46..............
47..............
48..............
49..............
50..............
51..............
52..............
53..............
54..............
55..............
56..............
57..............
58..............
59..............
60..............
61..............
62..............
63..............
64..............
65..............
66..............
67..............
68..............
69..............
[[Page 32687]]
70..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Notes:
1. For Intra-BMC parcels, deduct:
2. For nonmachinable Inter-BMC parcels, add:
3. For each pickup stop, add:
Standard Rate Schedule 322.1B Parcel Post Subclass Destination BMC Rates*
--------------------------------------------------------------------------------------------------------------------------------------------------------
Weight not Weight not
exceeding Zones \1/2\ Zone 3 Zone 4 Zone 5 exceeding Zones \1/2\ Zone 3 Zone 4 Zone 5
(pounds) (pounds)
--------------------------------------------------------------------------------------------------------------------------------------------------------
..........
2.......... .............. .............. .............. .............. 37
3.......... .............. .............. .............. .............. 38
4.......... .............. .............. .............. .............. 39
5.......... .............. .............. .............. .............. 40
6.......... .............. .............. .............. .............. 41
7.......... .............. .............. .............. .............. 42
8.......... .............. .............. .............. .............. 43
9.......... .............. .............. .............. .............. 44
10.......... .............. .............. .............. .............. 45
11.......... .............. .............. .............. .............. 46
12.......... .............. .............. .............. .............. 47
13.......... .............. .............. .............. .............. 48
14.......... .............. .............. .............. .............. 49
15.......... .............. .............. .............. .............. 50
16.......... .............. .............. .............. .............. 51
17.......... .............. .............. .............. .............. 52
FR Doc. 96-15932 Amendments to Domestic Mail Classification Schedule: Mail Classification Reform, Classification Reform I (MC95-1) and Experimental First-Class and Priority Mail Small Parcel Automation Rate Category (MC96-1)
18.......... .............. .............. .............. .............. 53
19.......... .............. .............. .............. .............. 54
20.......... .............. .............. .............. .............. 55
21.......... .............. .............. .............. .............. 56
22.......... .............. .............. .............. .............. 57
23.......... .............. .............. .............. .............. 58
24.......... .............. .............. .............. .............. 59
25.......... .............. .............. .............. .............. 60
26.......... .............. .............. .............. .............. 61
27.......... .............. .............. .............. .............. 62
28.......... .............. .............. .............. .............. 63
29.......... .............. .............. .............. .............. 64
30.......... .............. .............. .............. .............. 65
31.......... .............. .............. .............. .............. 66
32.......... .............. .............. .............. .............. 67
33.......... .............. .............. .............. .............. 68
34.......... .............. .............. .............. .............. 69
35.......... .............. .............. .............. .............. 70
--------------------------------------------------------------------------------------------------------------------------------------------------------
*A fee of $ must be paid each year.
Standard Mail Rate Schedule 322.3A Bound Printed Matter Subclass Single Piece Rates*
[Dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Weight not Zones
exceeding ---------------------------------------------------------------------------------------------------------------------------------------
(pounds) Local 1 & 2 3 4 5 6 7 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.5.............
2...............
2.5.............
3...............
3.5.............
4...............
4.5.............
5...............
6...............
7...............
8...............
9...............
[[Page 32688]]
10..............
Per piece rate..
Per pound rate..
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Includes both catalogs and similar bound printed matter.
Standard Mail Rate Schedule 322.3B Bound Printed Matter Subclass Bulk
and Carrier Route Presort Rates \1\
[Dollars]
------------------------------------------------------------------------
Per- Carrier Per-
Zone piece route pound
---------------------------------------------------------\2\------------
Local
1 & 2
3
4
5
6
7
8
------------------------------------------------------------------------
\1\ Includes both catalogs and similar bound printed matter.
\2\ Applies to mailings of at least 300 pieces presorted to carrier
route as prescribed by the Postal Service.
Standard Mail Rate Schedules 323.1 & 323.2 Special and Library Rate
Subclasses
------------------------------------------------------------------------
Rates
(cents)
------------------------------------------------------------------------
Schedule 323.1: Special
First Pound
Not presorted
LEVEL A Presort (5-digits) \1\ \2\
LEVEL B Presort (BMC) \1\ \3\
Each additional pound through 7 pounds
Each additional pound over 7 pounds
Schedule 323.2: Library Full
Rates
(cents)
First pound
Each additional pound through 7 pounds
Each additional pound over 7 pounds
------------------------------------------------------------------------
Schedule 323.1 Notes:
\1\ A fee must be paid once each 12-month period for each permit.
\2\ For mailings of 500 or more pieces properly prepared and presorted
to five-digit destination ZIP Codes.
\3\ For mailings of 500 or more pieces properly prepared and presorted
to Bulk Mail Centers.
Periodicals Rate Schedule 421 Regular Subclass\1\ \2\
------------------------------------------------------------------------
Rate \3\
Postage rate unit (cents)
------------------------------------------------------------------------
Per pound:
Nonadvertising Portion.............. Pound
Advertising Portion:
Delivery Office \4\............... Pound
SCF \5\........................... Pound
1&2............................... Pound
3................................. Pound
4................................. Pound
5................................. Pound
6................................. Pound
7................................. Pound
8................................. Pound
Science of Agriculture
Delivery Office................... Pound
SCF............................... Pound
Zone 1&2.......................... Pound
PER PIECE: Less Nonadvertising Factor cents.\6\
of
Required Preparation \7\............ Piece
Presorted to 3-digit city/5-digit... Piece
Presorted to Carrier Route.......... Piece
Discounts:
Prepared to Delivery Office \4\... Piece
Prepared to SCF \5\............... Piece
High Density \8\.................. Piece
Saturation \9\.................... Piece
Automation Discounts for Automation
Compatible Mail \10\
From Required:
Pre-barcoded letter size........ Piece
Pre-barcoded flats.............. Piece
From \3/5\ Digit:
Pre-barcoded 3-digit letter size Piece
Pre-barcoded 5-digit letter size Piece
Pre-barcoded flats.............. Piece
------------------------------------------------------------------------
Schedule 421 Notes:
\1\ The rates in this schedule also apply to commingled nonsubscriber,
non-requester, complimentary, and sample copies in excess of 10
percent allowance in regular-rate, non-profit, and classroom
periodicals.
\2\ Rates do not apply to otherwise regular rate mail that qualifies for
the Within-County rates in Schedule 423.2.
\3\ Charges are computed by adding the appropriate per-piece charge to
the sum of the nonadvertising portion and the advertising portion, as
applicable.
\4\ Applies to carrier route (including high density and saturation)
mail delivered within the delivery area of the originating post
office.
\5\ Applies to mail delivered within the SCF area of the originating SCF
office.
\6\ For postage calculations, multiply the proportion of nonadvertising
content by this factor and subtract from the applicable piece rate.
\7\ Mail presorted to 3-digit (other than 3-digit city), SCF, states, or
mixed states.
\8\ Applicable to high density mail, deducted from carrier route presort
rate.
\9\ Applicable to saturation mail, deducted from carrier route presort
rate.
\10\ For automation compatible mail meeting applicable Postal Service
regulations.
Periodicals
Rate Schedule 423.2 Within County
[Full Rates]
------------------------------------------------------------------------
Rate
(cents)
------------------------------------------------------------------------
Per pound:
General
Delivery \1\
Office
Per piece:
Required Presort
Carrier Route Presort
Per piece discounts:
Delivery \2\
Office
125-piece Walk Sequence \3\
Saturation
Automation Discounts for Automation
Compatible Mail \4\
From Required:
ZIP+4 Letter size
3-Digit Pre-barcoded Letter size
5-Digit Pre-barcoded Letter size
\3/5\-Digit Pre-barcoded Flats
------------------------------------------------------------------------
\1\ Applicable only to the pound charge of carrier route (including 125-
piece walk sequence and saturation) presorted pieces to be delivered
within the delivery area of the originating post office.
[[Page 32689]]
\2\ Applicable only to carrier presorted pieces to be delivered within
the delivery area of the originating post office.
\3\ Applicable only to batches of 125 or more pieces from carrier
presorted pieces.
\4\ For automation compatible pieces meeting applicable Postal Service
regulations.
Periodicals
Rate Schedule 423.3 Publications of Authorized Nonprofit Organizations
\10\
[Full Rates]
------------------------------------------------------------------------
Rate \1\
Postage rate unit (cents)
------------------------------------------------------------------------
Nonadvertising portion: Pound
Advertising portion: \9\
Delivery Office \2\................. Pound
SCF \3\............................. Pound
1 & 2............................... Pound
3................................... Pound
4................................... Pound
5................................... Pound
6................................... Pound
7................................... Pound
8................................... Pound
------------------------------------------------------------------------
Schedule 423.3 Notes
\1\ Charges are computed by adding the appropriate per-piece charge to
the sum of the nonadvertising portion and the advertising portion, as
applicable.
\2\ Applies to carrier route (including 125-piece walk sequence and
saturation) mail delivered within the delivery area of the originating
post office.
\3\ Applies to mail delivered within the SCF area of the originating SCF
office.
\4\ For postage calculation, multiply the proportion of nonadvertising
content by this factor and subtract from the applicable piece rate.
\5\ Mail presorted to 3-digit (other than 3-digit city), SCF, states, or
mixed states.
\6\ For walk sequenced mail in batches of 125 pieces or more from
carrier route presorted mail.
\7\ Applicable to saturation mail; deduct from carrier route presorted
rate.
\8\ For automation compatible mail meeting applicable Postal Service
regulations.
\9\ Not applicable to publications containing 10 percent or less
advertising content.
\10\ If qualified, nonprofit publications may use Within-County rates
for applicable portions of a mailing.
Periodicals Rate Schedule 423.4 Classroom Publications \10\
[Full Rates]
------------------------------------------------------------------------
Rate \1\
Postage rate unit (cents)
------------------------------------------------------------------------
Per pound:
Nonadvertising Portion:............. Pound
Advertising Portion: \9\
Delivery Office \2\............... Pound
Advertising Portion: \9\
SCF \3\........................... Pound
1&2............................... Pound
3................................. Pound
4................................. Pound
5................................. Pound
6................................. Pound
7................................. Pound
8................................. Pound
------------------------------------------------------------------------
Schedule 423.4 Notes:
\1\ Charges are computed by adding the appropriate per-piece charge to
the sum of the nonadvertising portion and the advertising portion, as
applicable.
\2\ Applies to carrier route (including 125-piece walk sequence and
saturation) mail delivered within the delivery area of the originating
post office.
\3\ Applies to mail delivered within the SCF area of the originating SCF
office.
\4\ For postage calculation, multiply the portion of nonadvertising
content by this factor and subtract from the applicable piece rate.
\5\ Mail presorted to 3-digit (other than 3-digit city), SCF, states, or
mixed states.
\6\ For walk sequenced mail in batches of 125 pieces or more from
carrier route presorted mail.
\7\ Applicable to saturation mail; deduct from carrier route presorted
mail.
\8\ For automation compatible mail meeting applicable Postal Service
regulations.
\9\ Not applicable to publications containing 10 percent or less of
advertising content.
\10\ If qualified, classroom publications may use Within-County rates
for applicable portions of a mailing.
------------------------------------------------------------------------
Special services Description Fee
------------------------------------------------------------------------
SCHEDULE SS-1
Address Corrections....... Per manual correction
Per automated
correction
SCHEDULE SS-2
Business Reply Mail....... Active business reply
advance deposit
account:
Per Piece: Pre-
barcoded
Other
Payment of postage due
charges if active
business reply mail
advances deposit
account not used Per
Piece.
Annual License and
Accounting Fees:
Accounting Fee for
Advance Deposit
Account
Permit Fee (with or
without Advance
Deposit Account)
SCHEDULE SS-4
Certificates of Mailing... Individual Pieces (in addition to
postage)
Original certificate
of mailing for listed
pieces of all classes
of ordinary mail (per
piece)
Three or more pieces
individually listed
in a firm mailing
book or an approved
customer provided
manifest (per piece)
Each additional copy
of original
certificate of
mailing or original
mailing receipt for
registered, insured,
certified, and COD
mail (each copy)
Bulk Pieces:
Identical pieces of
First-Class and
Single Piece,
Regular, and
Nonprofit Standard
Mail paid with
ordinary stamps,
precanceled stamps,
or meter stamps are
subject to the
following fees:
Up to 1,000 pieces
(one certificate for
total number).
Each additional 1,000
pieces or fraction.
Duplicate copy........
SCHEDULE SS-5
Certified Mail............ Per Piece (in addition to
postage)
SCHEDULE SS-6
[[Page 32690]]
Collect on Delivery....... Amount to be (in addition to
collected, or postage)
Insurance Coverage
Desired
Notice of nondelivery
of COD
Alteration of COD Registered COD
charges or
designation of new
addresses
SCHEDULE SS-8
Money Orders.............. Domestic
$0.01 to $700
APO-FPO $0.01 to $700
Inquiry Fee, which
includes the issuance
of copy of a paid
money order
SCHEDULE SS-9
Insured Mail.............. Liability:
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Semi-annual fees
Box Box capacity (cu. in.) --------------------------------------
size IA IB IC
----------------------------------------------------------------------------------------------------------------
SCHEDULE SS-10
Post Office Boxes and Caller Service
A. Post Office Box Semi-Annual
Rental Rate
Group I--offices with city 1 under 296................
carrier service.
2 296-499..................
3 500-999..................
4 1000-1999................
5 2000 & over..............
Group II--offices city carrier.. 1 annual...................
2 annual...................
3 semi-annual..............
4 semi-annual..............
5 semi-annual..............
Group III--offices rural carrier 1-5 annual...................
B. Caller Service
For Caller Service.............. ...... semi-annual..............
For Each Reserved Call Number... ...... annual...................
----------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------
Fee
------------------------------------------------------------------------
SCHEDULE SS-11a
Zip Coding of Mailing Per thousand
Lists. addresses
SCHEDULE SS-11b
Correction of Mailing Per submitted
Lists address
Minimum charge
per list
corrected
SCHEDULE SS-11c
Address Changes for
Election Boards and
Registration Per change
of address
Commissions
Description Fee
SCHEDULE SS-11d
Corrections Associated
with Arrangement of
Address Cards in Carrier
Delivery Per correction
Sequence
NOTE: When rural routes have
been consolidated or changed
to another post office, no
charge will be made for
correction if the list
contains only names of
persons residing on the route
or routes involved.
SCHEDULE SS-12
On-site Meter Setting......... First Meter...... By appointment
Unscheduled request
Additional meters
Checking meter in or
out of (per meter)
service
Fee (in addition to
Parcel Post postage)
SCHEDULE SS-13
Parcel Air Lift........... Up to 2 pounds
Over 2 up to 3
pounds
[[Page 32691]]
Over 3 up to 4
pounds
Over 4 pounds
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Fees (in addition to postage)
-----------------------------------------------------------
Value For Articles Covered by For Articles Not Covered by
Insurance Insurance
----------------------------------------------------------------------------------------------------------------
Schedule SS-14--Registered Mail: $0.00 to $100
100.01 to 500
500.01 to 1,000
1,000.01 to 2,000
2,000.01 to 3,000
3,000.01 to 4,000
4,000.01 to 5,000
5,000.01 to 6,000
6,000.01 to 7,000
7,000.01 to 8,000
8,000.01 to 9,000
9,000.01 to 10,000
10,000.01 to
11,000
11,000.01 to
12,000
12,000.01 to
13,000
13,000.01 to
14,000
14,000.01 to
15,000
15,000.01 to
16,000
16,000.01 to
17,000
17,000.01 to
18,000
18,000.01 to
19,000
19,000.01 to
20,000
20,000.01 to
21,000
21,000.01 to
22,000
22,000.01 to
23,000
23,000.01 to
24,000
24,000.01 to
25,000
$25,000.01 to
$1,000,000 Plus
handling charge
per $1,000 or
fraction over
first $25,000
$1,000,000 to
$15,000,000 Plus
handling charge
per $1,000 or
fraction over
first $1,000,000..
Over $15,000,000:
additional
charges may be
based on
consideration of
weight, space and
value..
----------------------------------------------------------------------------------------------------------------
[[Page 32692]]
----------------------------------------------------------------------------------------------------------------
Fee (in addition
Description to postage)
----------------------------------------------------------------------------------------------------------------
SCHEDULE SS-15
Restricted Delivery Per Piece
Fee (in addition
to postage)
SCHEDULE SS-16
Return Receipts............................ Requested at time of mailing:
Showing to whom (signature) and date
delivered
Merchandise only--without another special
service
Showing to whom (signature) and date and
address where delivered
Merchandise only--without another special
service
Requested after mailing: Showing to whom
and date delivered
SCHEDULE SS-17
Special Delivery........................... First-Class and priority Mail
Not more than 2 pounds
Over 2 pounds but not over 10 pounds
Over 10 pounds
All Other Classes
Not more than 2 pounds
Over 2 pounds but not over 10 pounds
Over 10 pounds
SCHEDULE SS-18
Special handling........................... Not more than 10 pounds
More than 10 pounds
SCHEDULE SS-19
S t a m p e d Single Sale
Envelopes
BULK (500) #6\3/4\ size: Regular Window
BULK (500) size > #6\3/4\ through #10 \1\
Regular Window
Multi-Color Printing (500) #6\3/4\ size, #10
size \1\
Printing charge per 500 Envelopes (for each
type of printed envelope)
Minimum Order (500) envelopes)
Order for 1,000 or more envelopes
Double Window (500)--Size > #6\3/4\ through
#10 \1\
Household (50): size #6\3/4\--Regular Window
size > #6\3/4\ through #10--Regular Window
SCHEDULE SS-20
M e r c h a n d i s e Per Transaction
Return
Shipper must have an advance deposit account $0.30
(see DMCS Schedule 1000)
SCHEDULE 1000
Fees....................................... First-Class Presorted Mailing Fee
Periodicals Fees
A. Original Entry
B. Additional Entry
C. Re-entry
D. Registration for News Agents
Regular, Enhanced Carrier Route and
Nonprofit Standard Mail Bulk Mailing Fee
Parcel Post: Destination BMC
Special Standard Mail Presorted Mailing Fee
Authorization to Use Permit Imprint
Merchandise Return (per facility receiving
merchandise return labels)
Business Reply Mail Permit
----------------------------------------------------------------------------------------------------------------
\1\ Fee for precancelled envelopes is the same.
[[Page 32693]]
Issued by the Commission on June 18, 1996.
Cyril J. Pittack,
Acting Secretary.
[FR Doc. 96-15932 Filed 6-24-96; 8:45 am]
BILLING CODE 7710-FW-P
Complete official Federal Register PDF
FR Doc. 96-15850 End-Use Certificate Program
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32641-32643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15850]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Farm Service Agency
7 CFR Part 782
RIN 0560-AE37
End-Use Certificate Program
AGENCY: Farm Service Agency, Agriculture.
ACTION: Final Rule.
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SUMMARY: A proposed rule was published on November 14, 1995, (60 FR
57198) with respect to the End-Use Certificate Program. This final rule
adopts, with minor changes, the provisions of the proposed rule.
Accordingly, this rule amends reporting requirements, reporting
deadlines, and the required notification process in a manner that
increases program effectiveness and efficiency for government and
affected industries by requiring all grain handlers to provide
immediate notification to the buyer when wheat being purchased or
handled is of Canadian origin. The provisions of this regulation also
simplify the reporting burden placed on importers, subsequent buyers,
end users, and exporters by extending reporting deadlines from 10
workdays to 15 workdays, and by permitting the computer generation and
facsimile transmission of required reporting documentation.
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Helen Linden, Agricultural Service
Agency, P.O. Box 2415, Ag Box 0553, Washington, DC 20013-2415;
Telephone (202) 690-4321.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and therefore has not been reviewed
by the Office of Management and Budget (OMB).
Executive Order 12778
This final rule has been reviewed in accordance with Executive
Order 12778. The provisions of this final rule do not preempt State
laws, are not retroactive, and do not involve administrative appeals.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will not have a significant impact on the quality of the human
environment. Therefore, neither an Environmental Assessment nor an
Environmental Impact Analysis is needed.
Executive Order 12372
This program/activity is not subject to the provisions of Executive
Order 12372, which requires intergovernmental consultation with State
and local officials. See notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Paperwork Reduction Act
This rule amends the reporting requirements by extending reporting
deadlines and incorporating alternative reporting methods. Since the
effective date of the End-Use Certificate Program, the Farm Service
Agency (FSA) has determined that entities required to file form FSA-
750, End-Use Certificate for Wheat, and form FSA-751, Wheat Consumption
and Resale Report, have encountered some difficulty in meeting
[[Page 32642]]
the requirement that these forms be filed with the Kansas City
Commodity Office (KCCO) within 10 workdays following the date of entry,
or the date of resale, as applicable. This rule increases the amount of
time to satisfy the reporting requirements from 10 workdays following
the date of entry or resale to 15 workdays following the date of entry
or resale. This action provides increased flexibility for entities that
are required to file such reports without decreasing government
efficiency in administering the program. Additionally, FSA has received
numerous requests to permit facsimile transmission and computer
generation of forms FSA-750 and FSA-751. In an attempt to accommodate
technology that is currently available, FSA will accept such report
submissions under the End-Use Certificate Program. While all of the
entities that are required to file forms FSA-750 and FSA-751 may
potentially be affected by these changes in reporting requirements, no
entities will be adversely affected.
The changes in this rule do not affect recordkeeping requirements.
The reporting requirements for FSA-750 and FSA-751 were previously
approved by the Office of Management and Budget (OMB) and assigned OMB
control number 0560-0151.
Regulatory Flexibility Act
The changes in this final rule are intended to reduce the reporting
burden for all affected businesses, including small businesses. Because
these changes will not have an adverse impact on a substantial number
of small businesses, a Regulatory Flexibility Assessment is not
required.
Background
This final rule amends the regulations at 7 CFR part 782 with
respect to the U.S. End-Use Certificate Program. Since February 27,
1995, the effective date for the implementation of the End-Use
Certificate Program, several items have been identified that could
improve the effectiveness and the efficiency of the End-Use Certificate
Program.
The final rule published on January 26, 1995, at 60 FR 5087, did
not include a specific time requirement for importers and subsequent
buyers to inform subsequent buyers or end users that wheat being
purchased is of Canadian origin and is therefore subject to these
regulations. In some instances, importers are delivering Canadian wheat
to subsequent buyers and end users through grain handlers. FSA has
found that this method of transporting Canadian wheat results in some
grain handlers acquiring title to a portion of the wheat, thus becoming
either a subsequent buyer or an end user. The general interpretation of
existing regulations by affected parties is that the importer or
subsequent buyer has 10 workdays to provide a copy of form FSA-750,
End-Use Certificate for Wheat, to the subsequent buyer or exporter,
which mirrors the requirement for submitting forms to KCCO. This delay
in notification has resulted in situations where importers and
subsequent buyers have either commingled Canadian wheat with U.S.
origin wheat or resold Canadian wheat before they were informed that
the wheat was of Canadian origin. Therefore, this rule amends the
regulations at 7 CFR part 782 to require importers and subsequent
buyers to provide immediate notification to purchasers and grain
handlers when wheat being sold is of Canadian origin.
Secondly, in an effort to simplify and expedite the receipt of
reports, this rule extends the time requirements for filing forms FSA-
750, End-Use Certificate for Wheat, and FSA-751, Wheat Consumption and
Resale Report, with KCCO from 10 workdays to 15 workdays following the
date of entry or resale, and incorporates provisions which will permit
the facsimile transmission and computer generation of required forms.
Summary of Comments
Two timely responses were received to the proposed rule published
in the Federal Register on November 14, 1995, (60 FR 57198). While the
two respondents generally supported the provisions contained in the
proposed rule, both provided additional comments and recommendations.
The first respondent did not support the proposed extension of the
filing deadline from 10 workdays to 15 workdays following the date of
entry or resale, while the second respondent recommended that the
filing deadlines be extended to 30 workdays following the date of entry
or resale. Many importers of Canadian-produced wheat have experienced
difficulty in meeting the 10 workday filing deadline. Because the
extension of filing deadlines from 10 workdays to 15 workdays following
the date of entry or resale will ease the reporting burden without
negatively impacting the effectiveness of the End-Use Certificate
Program, the filing deadlines have been extended from 10 workdays to 15
workdays following the date of entry or resale, as proposed.
The second respondent commented on five additional issues. Of these
issues, two were not responsive to the proposed rule, and therefore,
were not considered in the development of this final rule. The second
respondent recommended that FSA consider establishing and publishing a
specific policy concerning shrink. No specific policy has been
established to address the issue of shrink; each situation is
considered on a case-by-case basis to determine if the percentage of
commodity loss is reasonable based on the length of storage and the
number of times the wheat has been handled.
The second respondent also commented that forms FSA-750 and FSA-751
should be modified to reflect quantities in bushels rather than net
metric tons. When wheat is imported from Canada, the United States
Customs Service (Customs) agents at the border crossing collect
information concerning the quantity imported on a metric ton basis.
Customs then forwards this information to FSA for use in determining
compliance with the End-Use Certificate Program regulations. To be
consistent with the procedures used by Customs, this rule maintains the
requirement that quantities reported on forms FSA-750 and FSA-751 be on
a metric ton basis.
Finally, the second respondent requested that FSA consider amending
the regulations to permit importers to report Canadian wheat imports on
the basis of whole shipments or by contract quantities, rather than by
individual truck or rail car. In developing these regulations, FSA
worked closely with Customs to ensure that reporting requirements
established by FSA would be consistent with the reporting requirement
used by Customs. Because a portion of the information collected by
Customs is forwarded to FSA for use in determining whether importers
are complying with these regulations, the information collected by FSA
must be consistent with the information collected by Customs. For this
reason, the final rule maintains the requirement that quantities of
wheat imported from Canada must be reported on a ``per entry'' basis as
defined in this regulation.
List of Subjects in 7 CFR Part 782
Administrative practice and procedure, Reporting and recordkeeping
requirements, Wheat.
For the reasons set out in the preamble, 7 CFR part 782 is amended
as follows:
PART 782--END-USE CERTIFICATE PROGRAM
1. The authority citation for part 782 continues to read as
follows:
Authority: 19 U.S.C. 3391(f).
[[Page 32643]]
2. In part 782 all references to ``ASCS-750'' are revised to read
``FSA-750.''
3. In part 782 all references to ``ASCS-751'' are revised to read
``FSA-751.''
4. Section 782.2 is amended by adding the following definition in
alphabetical order:
Sec. 782.2 Definitions.
* * * * *
Grain handler means an entity other than the importer, exporter,
subsequent buyer, or end user that handles wheat on behalf of an
importer, exporter, subsequent buyer, or end user.
* * * * *
5. Section 782.4 is revised to read as follows:
Sec. 782.4 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
The information collection requirements in this part have been
approved by the Office of Management and Budget and assigned OMB
control number 0560-0151.
6. Section 782.12 is amended by:
A. Removing the number ``10'' in the first sentence of paragraph
(a) and adding the number ``15'' in its place,
B. Removing paragraph (a)(8),
C. Redesignating paragraphs (a)(9) and (a)(10) as paragraph (a)(8)
and (a)(9), respectively,
D. Redesignating paragraphs (b), (c), and (d) as paragraph (d),
(e), (f), respectively,
E. Adding new paragraphs (b) and (c) and revising newly
redesignated paragraph (e) to read as follows:
Sec. 782.12 Filing FSA-750, End-Use Certificate for Wheat.
* * * * *
(b) Importers may provide computer generated form FSA-750, provided
such computer generated forms:
(1) Are approved in advance by KCCO,
(2) Contain a KCCO-assigned serial number, and
(3) Contain all of the information required in paragraphs (a)(1)
through (a)(9).
(c) KCCO will accept form FSA-750 submitted through the following
methods:
(1) Mail service, including express mail,
(2) Facsimile machine, and
(3) Other electronic transmissions, provided such transmissions are
approved in advance by KCCO. The importer remains responsible for
ensuring that electronically transmitted forms are received in
accordance with paragraph (a).
* * * * *
(e) Distribution of form FSA-750 will be as follows:
(1) If form FSA-750 is submitted to KCCO in accordance with
paragraph (c)(1);
(i) The original shall be forwarded to Kansas City Commodity
Office, Warehouse License and Contract Division, P.O. Box 419205,
Kansas City, MO 64141-6205, by the importer,
(ii) One copy shall be retained by the importer.
(2) If form FSA-750 is submitted to KCCO in accordance with
paragraphs (c)(2) or (c)(3), the original form FSA-750 that is signed
and dated by the importer in accordance with paragraph (d) shall be
maintained by the importer,
(3) The importer shall provide a photocopy to the end user or, if
the wheat is purchased for purposes of resale, the subsequent buyer(s).
* * * * *
7. Section 782.13 is amended by:
A. Redesignating paragraphs (b) and (c) as paragraph (c) and (d),
respectively, and by removing the number ``10'' in the new paragraph
(d) and adding the number ``15'' in its place,
B. Adding paragraph (b) to read as follows:
Sec. 782.13 Importer responsibilities.
* * * * *
(b) Immediately notify each subsequent buyer, grain handler, or end
user that the wheat being purchased or handled originated in Canada and
may only be commingled with U.S.-produced wheat by the end user or when
loaded onto a conveyance for direct delivery to the end user or a
foreign country.
* * * * *
8. Section 782.15 is amended by:
A. Removing the number ``10'' in paragraph (a)(1) and adding the
number ``15'' in its place, and
B. Adding paragraphs (e), (f), and (g) to read as follows:
Sec. 782.15 Filing FSA-751, Wheat Consumption and Resale Report.
* * * * *
(e) Filers may provide computer generated form FSA-751, provided
such computer generated forms:
(1) Are approved in advance by KCCO, and
(2) Contain the information required in paragraphs (b)(1) through
(b)(9) of this section.
(f) KCCO will accept form FSA-751 submitted through the following
methods:
(1) Mail service, including express mail,
(2) Facsimile machine, and
(3) Other electronic transmissions, provided such transmissions are
approved in advance by KCCO. The importer, end user, exporter, or
subsequent buyer remains responsible for ensuring that electronically
transmitted forms are received in accordance with this section.
(g) Distribution of form FSA-751 will be as follows:
(1) If form FSA-751 is submitted to KCCO in accordance with
paragraph (f)(1) of this section:
(i) The original shall be forwarded to Kansas City Commodity
Office, Warehouse License and Contract Division, P.O. Box 419205,
Kansas City, MO 64141-6205, by the importer, end user, exporter, or
subsequent buyer.
(ii) One copy shall be retained by the importer, end user,
exporter, or subsequent buyer.
(2) If form FSA-751 is submitted to KCCO in accordance with
paragraphs (f)(2) or (f)(3) of this section, the original form FSA-751
shall be maintained by the importer, end user, exporter, or subsequent
buyer.
* * * * *
9. Section 782.17 is amended by:
A. Redesignating paragraph (b) as paragraph (c), and
B. Adding a new paragraph (b) to read as follows:
Sec. 782.17 Wheat purchased for resale.
* * * * *
(b) The importer or subsequent buyer shall immediately notify each
subsequent buyer, grain handler, exporter, or end user that the wheat
being purchased or handled originated in Canada and may only be
commingled with U.S.-produced wheat by the end user or when loaded onto
a conveyance for direct delivery to the end user or a foreign country.
* * * * *
Signed at Washington, DC, on June 14, 1996.
Grant Buntrock,
Administrator, Farm Service Agency.
[FR Doc. 96-15850 Filed 6-24-96; 8:45 am]
BILLING CODE 3410-05-P
Complete official Federal Register PDF
FR Doc. 96-15829 Modifications of Bad Debts and Dealer Assignments of Notional Principal Contracts
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32653-32654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15829]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 8676]
RIN 1545-AT14
Modifications of Bad Debts and Dealer Assignments of Notional
Principal Contracts
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Temporary regulations.
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SUMMARY: This document contains temporary regulations relating to the
allowance of a deduction for a partially worthless debt when the terms
of a debt instrument have been modified. The temporary regulations
provide guidance to certain taxpayers that modify the terms of a debt
instrument after deducting an amount for partial worthlessness. This
document also contains temporary regulations relating to certain
assignments of notional principal contracts by dealers in those
contracts. The temporary regulations provide guidance to taxpayers
relating to consequences of these assignments. The text of these
temporary regulations also serves as the text of the proposed
regulations set forth in the notice of proposed rulemaking on this
subject in the Proposed Rules section of this issue of the Federal
Register.
DATES: These regulations are effective September 23, 1996.
FOR FURTHER INFORMATION CONTACT: Concerning the modifications of bad
debts, Craig R. Wojay, Office of Assistant Chief Counsel (Financial
Institutions and Products), (202) 622-3920 (not a toll-free number),
and concerning dealer assignments of notional principal contracts,
Thomas J. Kelly, Office of the Assistant Chief Counsel (Financial
Institutions and Products), (202) 622- 3940 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
On December 2, 1992, the IRS published in the Federal Register (57
FR 57034) a notice of proposed rulemaking that set forth proposed
income tax regulations (26 CFR part 1) under section 1001 of the
Internal Revenue Code (Code). Under Sec. 1.1001-3(a) of the proposed
regulations, a significant modification of a debt instrument is deemed
to result in an exchange of the original debt instrument for a modified
instrument that differs materially either in kind or in extent. This
rule is retained in the final regulations under Sec. 1.1001-3,
published in the Rules and Regulations section of this issue of the
Federal Register. Thus, when a debt is significantly modified, a
taxpayer (holder) is required to recognize gain or loss based on the
difference between the issue price of the significantly modified debt
and the taxpayer's adjusted issue price in the original instrument.
Prior to finalizing the Sec. 1.1001-3 regulations, the IRS and
Treasury received comments that gain recognized as the result of a
significant modification of a debt instrument often is attributable to
the fact that the taxpayer previously claimed a deduction for partial
worthlessness with respect to the debt. According to the commentators,
the modification does not alter the fact that a portion of the debt
remains uncollectible. Thus, the commentators suggested that, in this
situation, a taxpayer should be permitted to offset the gain with a
corresponding bad debt deduction.
The IRS and Treasury also received comments that the assignment by
a dealer in notional principal contracts of its position in a contract
to another dealer should not result in a deemed exchange under section
1001. Although the dealer will recognize gain or loss on the
disposition of its position, treating the transaction as a deemed
exchange would force the counterparty to realize the gain or loss on
the contract even though the counterparty is maintaining its position.
The commentators argued that dealer-to-dealer assignments are a common
business practice and that these assignments have relatively little
significance to the dealers' counterparties.
Explanation of Provisions
Section 166(a)(2) and Sec. 1.166-3(a) provide that a deduction for
a partially worthless debt is allowed only to the extent the debt is
charged off in the taxable year. The charge-off requirement is also
contained in Sec. 1.166-2(d) (1) and (3), which provides for a
conclusive presumption of worthlessness under certain circumstances.
In general, the amount of a deduction on account of partial
worthlessness is the amount by which the adjusted basis of a debt (as
determined under section 1011) exceeds the amount recoverable on the
debt. The amount of the deduction, however, may not exceed the amount
charged off during the taxable year. The charge-off requirement is
satisfied for a debt when a portion of the debt is removed from a
taxpayer's books and records. This generally is accomplished by
reducing the debt's book basis. Thus, when an amount has been deducted
for partial worthlessness, there is generally a reduction of both the
book basis and tax basis of a debt.
When a taxpayer is required to recognize gain under section 1001
because of a modification of a debt instrument, the taxpayer's tax
basis in the debt is increased by the amount of gain recognized.
Commentators on the proposed Sec. 1.1001-3 regulations have indicated,
however, that regulatory and general accounting principles generally
would not permit a corresponding increase in the book basis of the
debt. Because the prior charge-off is not restored (that is, the book
basis of the debt is not increased), there is no opportunity for the
taxpayer to take a new charge-off for pre-existing worthlessness. Thus,
the charge-off requirement of section 166(a)(2) can never be satisfied
with respect to the amount by which the debt's tax basis exceeds its
book basis as a result of the modification, and the excess would not be
allowed as a deduction until the debt becomes totally worthless.
The temporary regulations contained in this document set forth
limited circumstances under which a taxpayer will be permitted to
deduct an amount on account of a partially worthless debt
[[Page 32654]]
even though no amount has been charged off within the taxable year. The
purpose of these temporary regulations is to preserve the portion of a
taxpayer's bad debt deduction with respect to a partially worthless
debt that corresponds to the amount the taxpayer would have been
entitled to deduct for partial worthlessness with respect to the
modified debt if the book basis of the modified debt were increased to
the same extent as the tax basis of that debt. Thus, these temporary
regulations apply only if all of the following conditions are
satisfied. First, a significant modification of a debt instrument
(within the meaning of Sec. 1.1001-3) must result in a taxpayer's
recognition of gain under Sec. 1.1001-1(a). In addition, the debt must
have been previously charged off and deducted by the taxpayer, and the
prior charge-off and deduction must have satisfied the requirements of
Sec. 1.166-3(a)(1) and (2). If these conditions are satisfied, then a
modified debt is deemed to have been charged off in the year in which
gain is recognized. The amount of the charge-off, however, is limited
to the difference between the tax basis of the debt and the greater of
the book basis or the fair market value of the debt.
Both the proposed and the final regulations under Sec. 1.1001-3
deal only with modifications of debt instruments. In response to
comments on the proposed regulations, however, the temporary
regulations contained in this document provide a limited rule dealing
with a dealer's assignment of its position in an interest rate or
commodity swap, or other notional principal contract to another dealer.
If the assignment is permitted by the terms of the contract, the
assignment will not be treated as a deemed exchange by the nonassigning
party of the original contract for a new contract that differs
materially either in kind or in extent. Thus, an assignment to which
the rule applies does not trigger gain or loss to the dealer's
counterparty. No inference is intended with respect to whether an
assignment of rights by one party to other types of bilateral contracts
results in an exchange or other disposition under section 1001 by the
nonassigning party.
Effective Dates
The temporary regulations apply to significant modifications of
debt instruments and assignments of interest rate swaps, commodity
swaps, and other notional principal contracts occurring on or after
September 23, 1996.
Special Analyses
It has been determined that this Treasury decision is not a
significant regulatory action as defined in EO 12866. Therefore, a
regulatory assessment is not required. It also has been determined that
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5)
and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to
these regulations, and, therefore, a Regulatory Flexibility Analysis is
not required. Pursuant to section 7805(f) of the Internal Revenue Code,
these temporary regulations will be submitted to the Chief Counsel for
Advocacy of the Small Business Administration for comment on their
impact on small business.
Drafting Information
The principal author of the regulations concerning the modification
of bad debts is Craig R. Wojay, Office of the Assistant Chief Counsel
(Financial Institutions and Products), IRS. The principal author of the
regulations concerning the dealer assignments of certain notional
principal contracts is Thomas J. Kelly, Office of the Assistant Chief
Counsel (Financial Institutions and Products), IRS. However, other
personnel from the IRS and Treasury Department participated in their
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Adoption of Amendments to the Regulations
Accordingly, 26 CFR part 1 is amended as follows:
PART 1--INCOME TAXES
Paragraph 1. The authority citation for part 1 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.166-3T is added to read as follows:
Sec. 1.166-3T Partial or total worthlessness (temporary).
(a)(1) and (2) [Reserved]. For guidance, see Sec. 1.166- 3(a)(1)
and (2).
(3) Significantly modified debt--(i) Deemed charge-off. If a
significant modification of a debt instrument (within the meaning of
Sec. 1.1001-3) during a taxable year results in the recognition of gain
by a taxpayer under Sec. 1.1001-1(a), and if the requirements of
paragraph (a)(3)(ii) of this section are met, there is a deemed charge-
off of the debt during that taxable year in the amount specified in
paragraph (a)(3)(iii) of this section.
(ii) Requirements for deemed charge-off. A debt is deemed to have
been charged off only if--
(A) The taxpayer (or, in the case of a debt that constitutes
transferred basis property within the meaning of section 7701(a)(43), a
transferor taxpayer) has claimed a deduction for partial worthlessness
of the debt in any prior taxable year; and
(B) Each prior charge-off and deduction for partial worthlessness
satisfied the requirements of paragraphs (a)(1) and (2) of this
section.
(iii) Amount of deemed charge-off. The amount of the deemed charge-
off, if any, is the amount by which the tax basis of the debt exceeds
the greater of the fair market value of the debt or the amount of the
debt recorded on the taxpayer's books and records reduced as
appropriate for a specific allowance for loan losses. The amount of the
deemed charge-off, however, may not exceed the amount of recognized
gain described in paragraph (a)(3)(i) of this section.
(iv) Effective date. This paragraph (a)(3) is effective September
23, 1996.
(b) [Reserved]. For further guidance, see Sec. 1.166-3(b).
Par. 3. Section 1.1001-4T is added to read as follows:
Sec. 1.1001-4T Modifications of certain notional principal contracts.
(a) Dealer assignments. For purposes of Sec. 1.1001-1(a), the
substitution of a new party on an interest rate or commodity swap, or
other notional principal contract (as defined in Sec. 1.446-3(c)(1)) is
not treated as a deemed exchange by the nonassigning party of the
original contract for a modified contract that differs materially
either in kind or in extent if--
(1) The party assigning its rights and obligations under the
contract and the party to which the rights and obligations are assigned
are both dealers in notional principal contracts, as defined in
Sec. 1.446-3(c)(4)(iii); and
(2) The terms of the contract permit the substitution.
(b) Effective date. This section is effective September 23, 1996.
Margaret Milner Richards,
Commissioner of Internal Revenue.
Approved: May 31, 1996.
Leslie Samuels,
Assistant Secretary of the Treasury.
[FR Doc. 96-15829 Filed 6-24-96; 8:45 am]
BILLING CODE 4830-01-P
Complete official Federal Register PDF
FR Doc. 96-14637 Great Lakes Pilotage; Consolidation of Regulations
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32654-32655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14637]
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[[Page 32655]]
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Chapter IV
46 CFR Chapter III
Great Lakes Pilotage; Consolidation of Regulations
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard's responsibility for administering the
Secretary's functions under the Great Lakes Pilotage Act of 1960, as
amended, (the Act) was transferred from the Coast Guard to the Saint
Lawrence Seaway Development Corporation (SLSDC) on December 11, 1995.
This rule moves the Great Lakes Pilotage Regulations from Title 46,
Code of Federal Regulations, to Title 33, Code of Federal Regulations.
This rule is necessary to consolidate all regulations administered by
the SLSDC.
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Marc C. Owen, Chief Counsel, Saint
Lawrence Seaway Development Corporation, United States Department of
Transportation, 400 7th Street SW., Washington, DC 20590, room 5424, 1-
800-785-2779, or Scott A. Poyer, Chief Economist, Saint Lawrence Seaway
Development Corporation, Office of Great Lakes Pilotage, United States
Department of Transportation, 400 7th Street SW., Washington, DC 20590,
room 5421, 1-800-785-2779.
SUPPLEMENTARY INFORMATION: By final rule published in the Federal
Register on December 11, 1995 (60 FR 63444), the Coast Guard's
responsibility for administering the Secretary's functions under the
Great Lakes Pilotage Act of 1960, as amended, (the Act) was transferred
to the Saint Lawrence Seaway Development Corporation (SLSDC), effective
on the date of publication.
This rule moves the Great Lakes Pilotage Regulations from Chapter
III of Title 46, Code of Federal Regulations (46 CFR Parts 401-404), to
Title 33, Code of Federal Regulations, Chapter IV as Parts 404-407.
Chapter III of Title 46, Code of Federal Regulations, is removed in its
entirety and vacated. This rule also amends references to the
regulations that have been moved and renumbers those references in
accordance with their new location in the Code of Federal Regulations,
and amends the Authority citation for each part. This rule is necessary
to consolidate all regulations administered by the SLSDC.
Since this rule relates to departmental management, organization,
procedure, and practice, notice and public comment are unnecessary. For
the same reason, good cause exists for not publishing this rule at
least 30 days before its effective date, as is ordinarily required by 5
U.S.C. 553(d). Because the transfer of Great Lakes Pilotage
responsibility has already occurred, it is necessary to reflect
redesignation in the Code of Federal Regulations immediately.
Accordingly, this rule is effective on the date of its publication in
the Federal Register.
For reasons set out in the preamble and under the authority of 49
U.S.C. 322 and 49 CFR 1.52, the Saint Lawrence Seaway Development
Corporation is amending 33 CFR Chapter IV, and removing 46 CFR Chapter
III as follows:
1. Parts 401, 402, 403, and 404 of 46 CFR chapter III are
redesignated as parts 404, 405, 406, and 407, respectively, and
transferred to 33 CFR chapter IV and 46 CFR chapter III is vacated.
33 CFR CHAPTER IV
PART 404--[AMENDED]
2. The authority citation for new part 404, Title 33, Code of
Federal Regulations is revised to read as follows:
Authority: 46 U.S.C. 6101, 7701, 8105, 9303, 9304; 49 CFR 1.45,
1.52. 33 CFR 404.105 also is issued under the authority of 44 U.S.C.
3507.
PART 405--[AMENDED]
3. The authority citation for new part 405, Title 33, Code of
Federal Regulations is revised to read as follows:
Authority: 46 U.S.C. 8105, 9303, 9304; 49 CFR 1.52.
PART 406--[AMENDED]
4. The authority citation for new part 406, Title 33, Code of
Federal Regulations is revised to read as follows:
Authority: 46 U.S.C. 8105, 9303, 9304; 49 CFR 1.52.
PART 407--[AMENDED]
5. The authority citation for new part 407, Title 33, Code of
Federal Regulations is revised to read as follows:
Authority: 46 U.S.C. 8105, 9303, 9304; 49 CFR 1.52.
6. In the following new sections of 33 CFR chapter IV, references
to part 401 in the text of each section are amended to reference part
404:
33 CFR Sections
404.210(a)(8)
404.210(b)
404.211(a)(1), (b) and (e)
404.230(e)
404.240(b)
404.320(b)
404.330(a)
404.335(a)(1)
404.340 (a) and (c)
404.400(c)
404.405 introductory text
404.410(a) introductory text
404.420(a)
404.425
404.428
404.431(a), (f) and (g)
404.451(a)(1)
404.600(b)
404.620(b)
404.645
404.700(b)
404.710(e)
404.720(b)
405.100
405.210(a)
405.320(a) introductory text
406.100
406.400(c)
407.1(a)
7. In the following new sections of 33 CFR chapter IV, references
to part 402 in the text of each section are amended to reference part
405:
33 CFR Sections
404.340(a)
404.710 (d) and (e)
8. In the following new sections and parts of 33 CFR chapter IV,
references to part 403 in the text of each section are amended to
reference part 406:
33 CFR Sections and Parts
404.320(d)(3)
Part 407, Appendix A, Step 1.A.
9. In the following new sections and parts of 33 CFR chapter IV,
references to part 404 in the text of each section are amended to
reference part 407:
33 CFR Sections and Parts
406.120(b)
407.1(b)
407.10(a)
Part 407, Appendix A, Step 1.B.
Part 407, Appendix C, introductory text
Sec. 404.250 [Amended]
10. In 33 CFR 404.250(d), the term ``Part 137 of this title'' is
revised to read ``46 CFR part 137''.
Issued at Washington D.C. on June 4, 1996.
Saint Lawrence Seaway Development Corporation.
Gail C. McDonald,
Administrator.
[FR Doc. 96-14637 Filed 6-24-96; 8:45 am]
BILLING CODE 4910-61-P
Complete official Federal Register PDF
FR Doc. 96-13792 The Future Development of SMR Systems in the 800 MHz Frequency Band; Correction
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32709-32710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13792]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 90
[PR Docket No. 93-144; PP Docket No. 93-253; FCC 95-501]
The Future Development of SMR Systems in the 800 MHz Frequency
Band; Correction
AGENCY: Federal Communications Commission.
ACTION: Correction to final rule.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final rule, which
was published Friday, February 16, 1996, (61 FR 6138). The rule related
to the special limitations on amendment of applications for assignment
and transfer of authorizations for radio systems above 800 MHz in
Sec. 90.609 paragraphs (c) and (d).
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Lisa Warner, Wireless
Telecommunications Bureau, at (202) 418-0620.
[[Page 32710]]
SUPPLEMENTARY INFORMATION:
Background
The portion of the final rule that is the subject of this
correction, supersedes paragraph six of the rules section on the
effective date and affects persons who amend applications for
assignment or transfer of authorizations for radio systems above 800
MHz under Part 90 of Chapter I of Title 47 of the Code of Federal
Regulations.
Need for Correction
As published, the final rule contains errors which may prove
misleading and need clarification.
Correction of Publication
Accordingly, the publication on February 16, 1996 of the final
rule, which is the subject of FR Doc. 96-3509, is corrected as follows:
Sec. 90.609 (Corrected)
On page 6155, in the second column, in instruction paragraph 6., in
line three, the words ``introductory text'' are removed.
Federal Communications Commission.
David Furth,
Acting Chief, Commercial Wireless Division, Wireless Telecommunications
Bureau.
[FR Doc. 96-13792 Filed 6-24-96; 8:45 am]
BILLING CODE 6712-01-P
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