issue-1996-09-27•Federal Register final rules — 1996-09-27
Federal Register final rules — 1996-09-27
issue-1996-09-27Federal Register final rules — 1996-09-27Regulation
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. 96-24881 Atlantic Tuna Fisheries; Adjustments
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50765-50766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24881]
[[Page 50765]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[I.D. 092496A]
Atlantic Tuna Fisheries; Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishery reopenings; catch limit adjustment.
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SUMMARY: NMFS has determined that the Atlantic bluefin tuna (ABT)
Angling category quota, as adjusted, has not been reached. Therefore,
the Angling category fishery for school ABT will open for the northern
area beginning Saturday, September 28, at 1 a.m. local time and close
on Sunday, September 29 at 11:30 p.m. local time. The daily catch limit
for this reopening is set at two school ABT per vessel. Additionally,
NMFS adjusts the October subquota for the General category by
transferring 22 mt from the Reserve, and adjusts the General category
effort control schedule for October. These actions are being taken to
extend scientific data collection on several size classes of ABT while
preventing overharvest of the adjusted subquotas for the affected
fishing categories.
EFFECTIVE DATES: The Angling category fishery for school ABT will open
for the northern area beginning Saturday, September 28, at 1 a.m. local
time and close on Sunday, September 29 at 11:30 p.m. local time. The
catch limit adjustment is effective for the duration of the reopening.
The General category fishery for large medium and giant ABT will open
for all areas beginning Tuesday, October 1, at 1 a.m. local time and
close on Wednesday, October 2 at 11:30 p.m. local time. The New York
Bight set-aside of 10 mt will be open for all areas south and west of
Shinnecock inlet from Saturday, October 5, at 1 a.m., until the set-
aside has been taken, which will be announced in the Federal Register.
FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, or Mark
Murray-Brown, 508-281-9260.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) governing
the harvest of ABT by persons and vessels subject to U.S. jurisdiction
are found at 50 CFR part 285. Section 285.22 subdivides the U.S. quota
recommended by the International Commission for the Conservation of
Atlantic Tunas among the various domestic fishing categories.
NMFS is required, under Sec. 285.20(b)(1), to monitor the catch and
landing statistics and, on the basis of these statistics, to project a
date when the catch of ABT will equal the quota and publish a Federal
Register announcement to close the applicable fishery.
Angling Category Reopening
Implementing regulations for the Atlantic tuna fisheries at
Sec. 285.22 provide for a quota of 138 mt of school ABT and 100 mt of
large school/small medium ABT to be harvested from the regulatory area
by vessels fishing under the Angling category quota during calendar
year 1996. The school ABT quota is further subdivided into 65 mt for
the waters off Delaware and states south and 73 mt for the waters off
New Jersey and states north.
Based on catch estimates obtained through angler interviews, NMFS
closed the southern school ABT fishery on July 25, 1996 (61 FR 38656,
July 25, 1996) and the coastwide large school/small medium fishery on
July 31, 1996 (61 FR 40352, August 2, 1996). Although catch estimates
did not indicate that the quota was reached, NMFS closed the school ABT
Angling category fishery for the northern area effective August 17,
1996 (61 FR 43027, August 20, 1996) due to the estimated landings
exceeding the quotas for the school ABT southern area subquota and the
coastwide large school/small medium ABT quota.
Under the implementing regulations at 50 CFR 285.22(f), the
Assistant Administrator for Fisheries, NOAA (AA), has the authority to
make adjustments to quotas involving transfers between categories after
considering certain factors. Such authority was exercised to transfer
10 mt from the Inseason Reserve and reopen the school ABT Angling
category fishery for the northern area effective September 13, 1996 (61
FR 48640). NMFS has determined that due to lower than expected fishing
effort, attributable to poor weather conditions, the full 10 mt was not
taken. NMFS, therefore, reopens the school ABT Angling category
fishery, so that management and data collection objectives specified in
the prior notice may be attained.
Catch Limit Adjustment
Implementing regulations for the Atlantic tuna fisheries at
Sec. 285.24 provide for a daily catch limit of school or large school
ABT of one fish per angler. However, the AA has the authority to make
adjustments to catch limits to effect maximum utilization of the
available quota and a fair distribution of fishing opportunities. For
this reason, the catch limit is adjusted to two school ABT per vessel
for the duration of this reopening.
This action is being taken to extend the season for the Angling
category, provide for fishing opportunities in the northern fishing
area, and ensure additional collection of biological assessment and
monitoring data without exceeding the adjusted quota.
General Category Quota Adjustment
Implementing regulations for the Atlantic tuna fisheries at
Sec. 285.22 provide for a quota of 541 mt of large medium and giant ABT
to be harvested from the regulatory area by vessels fishing under the
General category quota during calendar year 1996. The General category
ABT quota is further subdivided into monthly quotas to provide for
broad temporal and geographic distribution of scientific data
collection and fishing opportunities. Overharvest of the September
subquota has reduced the October General category quota to 48 mt,
including a 10 mt set aside for the traditional fall New York Bight
fishery.
After considering the previously cited factors for making transfers
between categories, the AA has determined that 22 mt of the remaining
Inseason Reserve of 23 mt should be transferred to the General
category. Thus, the October General category quota is set at 60 mt,
with an additional 10 mt reserved for the New York Bight.
General Category Reopening
Implementing regulations for the Atlantic tuna fisheries at
Sec. 285.24 provide the AA with authority to adjust the catch limit for
the General category to effect restricted fishing days. Such effort
controls allow maximum utilization of the quota while maintaining a
fair distribution of fishing opportunities. Catch rates in August and
September approached or exceeded 30 mt per day. In order to ensure that
the October subquota is not exceeded and that the set aside for the New
York Bight can be maintained, the October effort control schedule is
set as follows: (1) The General category fishery for large medium and
giant ABT will open for all areas beginning Tuesday, October 1, at 1
a.m. local time and close on Wednesday, October 2 at 11:30 p.m. local
time; (2) the New York Bight set-aside of 10 mt will open for the
waters in areas south and west of a straight line originating at a
point on the southern shore of Long Island at 72 deg. 27' W. long.
[[Page 50766]]
(Shinnecock Inlet) and extending SSE 150 deg. true) beginning Saturday,
October 5, at 1 a.m. Upon the effective date of the set-aside, persons
aboard vessels permitted in the General category may fish for, retain,
and land large medium and giant ABT only in the set-aside area
specified above, until the set-aside quota for that area has been
harvested. NMFS will publish the date of the closure in the Federal
Register.
Classification
This action is taken under 50 CFR 285.20(b), 50 CFR 285.22, and 50
CFR 285.24 and is exempt from review under E.O. 12866.
Authority: 16 U.S.C. 971 et seq.
Dated: September 24, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-24881 Filed 9-24-96; 4:41 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-24862 Drawbridge Operation Regulations; Grand River, MI
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Page 50712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24862]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-96-008]
Drawbridge Operation Regulations; Grand River, MI
AGENCY: Coast Guard, DOT.
ACTION: Notice of temporary deviation from regulations with request for
comments.
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SUMMARY: The Coast Guard has authorized a temporary deviation to the
regulations governing the operations of the U.S. Route 31 highway
bridge, mile 2.9 over the Grand River in Grand Haven, MI. This action
was requested by the City of Grand Haven to reduce the effects of
bridge openings on vehicular traffic while still providing for the
reasonable needs of navigation.
.EFFECTIVE DATE: The effective date of this temporary deviation is
August 5, to October 15, 1996. Comments must be received on or before
October 30, 1996.
ADDRESSES: Documents concerning this regulation are available for
inspection and copying at and comments may be mailed or delivered to
1240 East Ninth Street, Room 2019B, Cleveland, OH 44199-2060 between
6:30 a.m. and 3:00 p.m., Monday through Friday, except federal
holidays. The telephone number is (216) 522-3993.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Bloom, Project Manager,
Bridge Branch at (216) 522-3993.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr.
Robert Bloom, Project Manager, and Lieutenant Commander Charles Dahill,
Project Counsel, Ninth Coast Guard District.
Request for Comments
The Coast Guard encourages interested persons to submit written
data, or arguments for or against this deviation. Persons submitting
comments should include their name, address, identify this rulemaking
(CGD09-96-008) and give the reason for each comment. Persons wanting
acknowledgement of receipt of comments should enclose a stamped self-
addressed post card or envelope. Persons may submit comment by writing
to the Commander (obr), Ninth Coast Guard District listed under
ADDRESSES.
Background and Purpose
The City of Grand Haven, MI, has requested the Coast Guard approve
a temporary deviation to the regulations which govern the U.S. Route 31
highway bridge at mile 2.9 over the Grand River in Grand Haven, MI. The
bridge presently opens on signal from 3 minutes before to 3 minutes
after the hour and a half hour between 6:03 a.m. and 9:03 p.m. Because
of consistent traffic volumes throughout the day and the low amount of
requests to open the bridge, the City has requested the bridge be
permitted to not open during early morning, midday, and afternoon
periods when rush hour traffic is greatest. Additionally, the City has
requested a reduction in required openings from every half hour to once
an hour, on the half-hour. The commander, Ninth Coast Guard District,
has given consideration to the City's request and the data provided
have merit to support a temporary deviation to the operating
regulations to determine feasibility for a permanent change.
The District Commander granted the City of Grand Haven, MI a
temporary deviation from the operating requirements listed in 33 CFR
117.633 paragraph (c)(3) governing the U.S. Route 31 highway bridge
over the Grand River. This deviation from normal operating regulations
is authorized in accordance with the provisions of 33 CFR 117.43 for
the purpose of evaluating possible changes to the permanent
regulations. Under this deviation, the U.S. Route 31 highway bridge
operated by the City of Grand Haven shall open on signal from August 5,
1996 to October 15, 1996 from 6:00 a.m. to 9:00 p.m., once an hour from
3 minutes before to 3 minutes after the half-hour. The bridge need not
open for the passage of vessels during the three minutes before to
three minutes after the half-hour time frames at 7:30 a.m., 12:30 p.m.,
4:30 p.m., or 5:30 p.m.
Dated: July 31, 1996.
G. F. Woolever,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 96-24862 Filed 9-26-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-24859 Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory Game Birds
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50738-50764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24859]
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SOCIAL SECURITY ADMINISTRATION
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting; Late Seasons and Bag and Possession
Limits for Certain Migratory Game Birds
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule prescribes the hunting seasons, hours, areas, and
daily bag and possession limits for general waterfowl seasons and those
early seasons for which States previously deferred selection. Taking of
migratory birds is prohibited unless specifically provided for by
annual regulations. This rule permits taking of designated species
during the 1996-97 season.
EFFECTIVE DATE: September 27, 1996.
ADDRESSES: The public may inspect comments during normal business hours
in room 634, Arlington Square Building, 4401 N. Fairfax Drive,
Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of
Migratory Bird Management, U.S. Fish and Wildlife Service, Department
of the Interior, ms 634--ARLSQ, 1849 C Street, NW., Washington, DC
20240, (703) 358-1714.
SUPPLEMENTARY INFORMATION:
Regulations Schedule for 1996
On March 22, 1996, the Service published in the Federal Register
(61
[[Page 50739]]
FR 11992) a proposal to amend 50 CFR part 20. The proposal dealt with
the establishment of seasons, limits, and other regulations for
migratory game birds under Sections 20.101 through 20.107, 20.109, and
20.110 of subpart K. These regulations were proposed for certain
designated members of the avian families Anatidae (ducks, geese, and
swans), Columbidae (doves and pigeons), Gruidae (cranes), Rallidae
(rails, coots, moorhens, and gallinules), and Scolopacidae (woodcock
and snipe), designated as ``migratory game birds'' in conventions
between the United States and several foreign nations for their
protection and management. All other birds designated as migratory
(under 10.13 of Subpart B of 50 CFR Part 10) in the aforementioned
conventions may not be hunted. On June 13, 1996, the Service published
in the Federal Register (61 FR 30114) a second document providing
supplemental proposals for early- and late-season migratory bird
hunting regulations frameworks. The June 13 supplement also provided
detailed information on the 1996-97 regulatory schedule and announced
the Service Migratory Bird Regulations Committee and Flyway Council
meetings. On June 14, 1996, the Service published in the Federal
Register (61 FR 30490) a third document describing the Service's
proposed 1996-97 regulatory alternatives for duck hunting and its
intent to consider establishing a special youth waterfowl hunting day.
On June 27, 1996, the Service held a public hearing in Washington, DC,
as announced in the March 22 and June 14 Federal Registers, to review
the status of migratory shore and upland game birds. The Service
discussed hunting regulations for these species and for other early
seasons. On July 22, 1996, the Service published in the Federal
Register (61 FR 37994) a fourth document specifically dealing with
proposed early-season frameworks for the 1996-97 season. This document
also extended the public comment period to August 1, 1996, for early-
season proposals.
On August 2, 1996, the Service held a public hearing in Washington,
DC, as announced in the March 22, June 14, and July 22 Federal
Registers, to review the status of waterfowl and discuss proposed
hunting regulations for late seasons. On August 15, 1996, (61 FR
42506), the Service published a fifth and sixth document on migratory
bird hunting. The fifth document dealt specifically with proposed
frameworks for the 1996-97 late-season migratory bird hunting
regulations while the sixth document proposed establishing a youth
waterfowl hunting day for the 1996-97 duck-hunting season. On August
29, 1996, the Service published a seventh document containing final
frameworks for early migratory bird hunting seasons from which wildlife
conservation agency officials from the States, Puerto Rico, and the
Virgin Islands selected early-season hunting dates, hours, areas, and
limits. On August 30, 1996, the Service published in the Federal
Register (61 FR 46357) an eighth document consisting of a final rule
amending subpart K of title 50 CFR part 20 to set hunting seasons,
hours, areas, and limits for early seasons. On September 18, 1996, the
Service published a ninth document on the final frameworks for
establishing a youth waterfowl hunting day. The Service published on
September 20, 1996, a tenth document consisting of a final rule
amending subpart K of title 50 CFR Part 20 to set hunting seasons,
hours, areas, and limits for the youth waterfowl hunting day. The
Service published final late-season frameworks for migratory game bird
hunting regulations, from which State wildlife conservation agency
officials selected late-season hunting dates, hours, areas, and limits
for 1996-97 in an eleventh document in the September 26, 1996, Federal
Register. The final rule described here is the twelfth and final in the
series of proposed, supplemental, and final rulemaking documents for
migratory game bird hunting regulations for 1996-97 and deals
specifically with amending subpart K of 50 CFR part 20 to set hunting
seasons, hours, areas, and limits for species subject to late-season
regulations and those for early seasons that States previously
deferred.
NEPA Consideration
NEPA considerations are covered by the programmatic document,
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with EPA on June 9, 1988. The Service published a Notice
of Availability in the June 16, 1988, Federal Register (53 FR 22582).
The Service published its Record of Decision on August 18, 1988 (53 FR
31341). Copies of these documents are available from the Service at the
address indicated under the caption ADDRESSES.
Endangered Species Act Consideration
As in the past, the Service designs hunting regulations to remove
or alleviate chances of conflict between migratory game bird hunting
seasons and the protection and conservation of endangered and
threatened species. Consultations were conducted to ensure that actions
resulting from these regulations will not likely jeopardize the
continued existence of endangered or threatened species or result in
the destruction or adverse modification of their critical habitat.
Findings from these consultations are included in a biological opinion
and available for public inspection in the Service's Division of
Endangered Species and MBMO, at the address indicated under the caption
ADDRESSES.
Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the
Paperwork Reduction Act
In the March 22, and September 26, 1996, Federal Registers, the
Service reported measures it took to comply with requirements of the
Regulatory Flexibility Act and E.O. 12866. To document the significant
beneficial economic effect on a substantial number of small entities,
the Service prepared a Small Entity Flexibility Analysis that estimated
migratory bird hunters would spend between $254 and $592 million at
small businesses in 1996. Copies are available upon request from the
Office of Migratory Bird Management. This rule was reviewed by the
Office of Management and Budget (OMB) under E.O. 12866. The Department
examined these proposed regulations under the Paperwork Reduction Act
of 1995. The various information collection requirements are utilized
in the formulation of migratory game bird hunting regulations. OMB has
approved these information collection requirements and assigned
clearance numbers 1018-0015 and 1018-0023.
Congressional Review
In accordance with Section 251 of the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been
submitted to Congress and has been declared major. Because this rule
establishes hunting seasons, this rule qualifies for an exemption under
5 U.S.C. 808(1); therefore, the Department determines that this rule
shall take effect immediately.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, the Service
intends that the public be given the greatest possible opportunity to
comment on the regulations. Thus, when the proposed rulemaking was
published, the Service established what it believed were the longest
periods possible for public comment. In doing this, the Service
[[Page 50740]]
recognized that when the comment period closed time would be of the
essence. That is, if there were a delay in the effective date of these
regulations after this final rulemaking, the States and Territories
would have insufficient time to establish and publicize the necessary
regulations and procedures to implement their decisions. The Service
therefore finds that ``good cause'' exists, within the terms of 5
U.S.C. 553(d)(3) of the Administrative Procedure Act, and these
regulations will, therefore, take effect immediately upon publication.
Accordingly, with each conservation agency having had an opportunity to
participate in selecting the hunting seasons desired for its State or
Territory on those species of migratory birds for which open seasons
are now prescribed, and consideration having been given to all other
relevant matters presented, certain sections of title 50, chapter I,
subchapter B, part 20, subpart K, are hereby amended as set forth
below.
Unfunded Mandates
The Service has determined and certifies in compliance with the
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that
this rulemaking will not impose a cost of $100 million or more in any
given year on local or State government or private entities.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this proposed rule, has determined
that these regulations meet the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive Order 12988.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Dated: September 24, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
PART 20--[AMENDED]
For the reasons set out in the preamble, title 50, chapter I,
subchapter B, Part 20, subpart K is amended as follows:
1. The authority citation for Part 20 continues to read as
follows:
Authority: 16 U.S.C. 703-712; and 16 U.S.C. 742 a--j.
BILLING CODE 4310-55-F
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[FR Doc. 96-24859 Filed 9-26-96; 8:45 am]
BILLING CODE 4310-55-C
Complete official Federal Register PDF
FR Doc. 96-24858 Approval and Promulgation of Air Quality Implementation Plans; The Commonwealth of KentuckyDisapproval of the Request to Redesignate the Kentucky Portion of the Cincinnati-Northern Kentucky Moderate Ozone Nonattainment Area to Attainment and the Associated Maintenance Plan
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50718-50720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24858]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY81-1-9638; FRL-5607-3]
Approval and Promulgation of Air Quality Implementation Plans;
The Commonwealth of Kentucky--Disapproval of the Request to Redesignate
the Kentucky Portion of the Cincinnati-Northern Kentucky Moderate Ozone
Nonattainment Area to Attainment and the Associated Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is disapproving the Commonwealth of Kentucky Natural
Resources and Environmental Protection Cabinet's (Cabinet) request to
redesignate the Kentucky portion of the Cincinnati-Northern Kentucky
moderate ozone nonattainment area to attainment and the associated
maintenance plan as a revision to the state implementation plan (SIP).
The EPA determined that the area registered a violation of the ozone
national ambient air quality standard (NAAQS). As a result, the
Cincinnati-Northern Kentucky area no longer meets the statutory
criteria for redesignation to attainment of the ozone NAAQS.
EFFECTIVE DATE: September 27, 1996.
ADDRESSES: Copies of the documents relative to this action are
available for public inspection during normal business hours at the
following locations. The interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102),
U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Planning Branch, 100
Alabama Street, SW, Atlanta, Georgia 30303-3104.
Division of Air Quality, Department for Environmental Protection,
Natural Resources and Environmental Protection Cabinet, 803 Schenkel
Lane, Frankfort, Kentucky 40601.
FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/562-9035. Reference file KY-081-1-9638.
SUPPLEMENTARY INFORMATION: On November 11, 1994, the Cabinet submitted
a request to EPA to redesignate the Kentucky portion of the Cincinnati-
Northern Kentucky moderate interstate ozone nonattainment area from
nonattainment to attainment. On that date, the Cabinet also submitted a
maintenance plan for the area as a revision to the Kentucky SIP.
According to section 107(d)(3)(E) of the Clean Air Act (CAA), 42
U.S.C. 7407(d)(3)(E), redesignation requests must meet five specific
criteria in order for EPA to redesignate an area from nonattainment to
attainment:
1. The Administrator determines that the area has attained the
ozone NAAQS;
2. The Administrator has fully approved the applicable
implementation plan for the area under section 110(k);
3. The Administrator determines that the improvement in air quality
is due to permanent and enforceable reductions in emissions resulting
from implementation of the applicable implementation plan and
applicable Federal air pollution control regulations and other
permanent and enforceable reductions;
4. The Administrator has fully approved a maintenance plan for the
area as meeting the requirements of section 175A; and
5. The State containing such area has met all requirements
applicable to the area under section 110 and part D.
All five criteria must be satisfied in order for EPA to redesignate
an area from nonattainment to attainment. Under the first criteria, the
Administrator of EPA is prohibited from redesignating an area to
attainment when that area has not attained the NAAQS. The CAA requires
the area to be in attainment at the time of the final action on the
redesignation. If a violation occurs prior to EPA's final action, the
area is no longer in attainment and EPA cannot redesignate the area to
attainment status.
At the time of the Commonwealth's redesignation submittal in 1994,
the Cincinnati-Northern Kentucky area appeared to have attained the
NAAQS, based on air quality data monitored from 1992 through 1994.
However, during EPA's review of the redesignation request, ambient air
quality data indicated that the area had registered a violation of the
ozone NAAQS in 1995. This ambient data has been quality assured
according to established procedures for validating such monitoring
data. The Cabinet does not contest that the area violated the NAAQS for
ozone during the 1995 ozone season. As a result, the Cincinnati-
Northern Kentucky area does not meet the statutory criteria for
redesignation to attainment of the ozone NAAQS found in section
107(d)(3)(E)(i) of the CAA.
The maintenance plan SIP revision is not approvable because its
demonstration is based on a level of ozone precursor emissions in the
ambient air thought to represent an inventory of emissions that would
provide for attainment and maintenance. That underlying basis of the
maintenance plan's demonstration is no longer valid due to the
violation of the NAAQS that occurred during the 1995 ozone season.
Request for Comments
EPA published a document on April 17, 1996, (61 FR 16738) proposing
disapproval of the maintenance plan and redesignation request and
soliciting comment on the disapproval and relevant issues. EPA received
a number of comments on the proposal. Those comments and the response
thereto are summarized below.
Comment #1--The violation of the ozone standard which occurred
subsequent to the submission of the request cannot be considered
evidence that the area did not achieve the ozone standard, by the very
definition of the standard as set forth in the Act and the regulations.
The continued designation of the area as nonattainment not only fails
to serve a useful purpose, but actually inhibits the broader view of
urban ozone pollution that will be necessary to improve air quality.
Public acceptance of control implementation may be enhanced under an
attainment area contingency plan strategy. This is an additional factor
which should not be overlooked as EPA and the states struggle to gain
public acceptance of new air quality improvement plans.
Response--The CAA authorizes EPA up to 18 months from submittal to
act on a state's request to redesignate. If a violation occurs during
the pendency of EPA's review, EPA cannot approve the request since the
area would not have remained in attainment. Since only a
[[Page 50719]]
final rulemaking can change an area's designation, the area must
continue to meet attainment criteria until the final rulemaking is
published. In addition, EPA is obligated to consider all relevant data
available to it at the time of its decision-making. This means that if
EPA has valid data indicating a violation of the ozone standard for the
Cincinnati-Northern Kentucky area prior to final rulemaking, it must
consider that data in determining whether the area is in attainment.
The CAA prohibits a redesignation to attainment if the area is not, in
fact, attaining the NAAQS at the time of final rulemaking.
The violation of the ozone standard which occurred after submittal
of the Kentucky redesignation request for the Cincinnati-Northern
Kentucky area is properly considered data on attainment status.
Therefore, EPA is disapproving the redesignation request.
Comment #2--A redesignation to attainment should not be
interpreted to mean more than the satisfaction of those provisions
mandated in the CAA for the request to be granted.
Response--EPA is not requiring more for a redesignation to
attainment than that required by the CAA. Section 107(d)(3)(E)(i) of
the CAA states, ``The Administrator may not promulgate a redesignation
of a nonattainment area (or portion thereof) to attainment unless the
Administrator determines that the area has attained the national
ambient air quality standard.'' Once the violation occurred, the
Cincinnati-Northern Kentucky area no longer met the statutory criteria
for redesignation to attainment of the ozone NAAQS. Therefore, EPA is
disapproving the redesignation request.
Comment #3--The approval of the requests will do nothing to
inhibit the immediate implementation of emission control programs
within the nonattainment area.
Response--Approving the request to redesignate the area to
attainment would not guarantee that the area would achieve the NAAQS.
Conversely, disapproving the redesignation request in no way prohibits
the implementation of emission control programs within the
nonattainment area. In fact, disapproval would require the area to meet
all the CAA measures for moderate ozone nonattainment areas.
Comment #4--The violation was due to a single exceedance that
occurred at a monitoring site in Ohio and should not affect the
redesignation of the Kentucky portion of the nonattainment area.
Response--Ozone is a pollutant that is not directly emitted, but is
formed from a photochemical reaction between volatile organic compounds
(VOCs) and oxides of nitrogen (NOX) in the presence of sunlight.
Ozone may be formed as much as 20 miles from where the VOCs and
NOX are emitted and transported even farther. This makes ozone an
area-wide problem. The ozone NAAQS is 0.12 parts per million as stated
in 40 CFR 50.9. To be considered a violation, a single monitor must
exceed this value four times in a three year period. The NAAQS was
exceeded for the fourth time in two years at the Lebanon, Ohio site in
Warren County Ohio. The fourth exceedance caused the violation,
however, two sites in Northern Kentucky also exceeded the standard in
this time period. In addition, as indicated above, the CAA states that
EPA ``may not promulgate a redesignation of a nonattainment area (or
portion thereof) to attainment unless * * * the area has'' attained the
standard. Although a violation did not occur in the Kentucky portion of
the nonattainment area, a request to redesignate a portion of an area
to attainment may not be approved if the entire area does not meet the
redesignation requirements.
Comment #5--Before the CAA Amendments of 1990, the U.S. EPA could
redesignate an area only after a request by the governor of the state
in which it was located. The 1990 amendments provided EPA with the
authority to act unilaterally to propose redesignation. This authority
will allow the federal agency to respond much more quickly if a state
is recalcitrant in implementing or enforcing contingency measures.
Response--The revised CAA does allow EPA to act more quickly to
redesignate to nonattainment, however, the Cincinnati-Northern Kentucky
area no longer meets the statutory criteria for redesignation to
attainment of the ozone NAAQS. The Agency cannot redesignate an area
that violates the standard prior to final action on a redesignation
request. Therefore, EPA is disapproving the redesignation request.
Final Action
EPA disapproves the Commonwealth's November 11, 1994 redesignation
request and maintenance plan SIP revision. The agency has reviewed this
request for revision of the Federally-approved SIP for conformance with
the provisions of the CAA. The Agency has determined that this action
does not conform with the statute as amended and should be disapproved.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any state implementation plan. Each request for revision to the state
implementation plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
EPA's denial of the State's redesignation request under section
107(d)(3)(E) does not affect any existing requirements applicable to
small entities nor does it impose new requirements. The area retains
its current designation status and will continue to be subject to the
same statutory requirements. To the extent that the area must adopt
regulations, based on its nonattainment status, EPA will review the
effect of those actions on small entities at the time the state submits
those regulations. Therefore, I certify that denial of the
redesignation request will not affect a substantial number of small
entities.
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the
[[Page 50720]]
program provided for under Section 110 of the CAA. These rules may bind
State, local and tribal governments to perform certain actions and also
require the private sector to perform certain duties. EPA has examined
whether the rules being disapproved by this action would impose any new
requirements. Since such sources are already subject to these
regulations under State law, no new requirements are imposed by this
disapproval. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action,
and therefore there will be no significant impact on a substantial
number of small entities.
Under 5 U.S.C. 801(a)(1)(A) of the Small Business Regulatory
Enforcement Fairness Act of 1996, EPA submitted a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives and the Comptroller General of the General
Accounting Office prior to publication of the rule in today's Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 27, 1996. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Air pollution control, Hydrocarbons, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: August 15, 1996.
R. F. McGhee,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart S--Kentucky
2. Section 52.930 is amended by adding paragraph (c) to read as
follows:
Sec. 52.930 Control strategy: Ozone.
* * * * *
(c) The redesignation request submitted by the Commonwealth of
Kentucky, on November 11, 1994, for the Kentucky portion of the
Cincinnati-Northern Kentucky moderate interstate ozone nonattainment
area from nonattainment to attainment was disapproved on September 27,
1996.
[FR Doc. 96-24858 Filed 9-26-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-24846 Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Assessment Rate
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50691-50693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24846]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Docket No. FV96-905-1 FIR]
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida;
Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, without change, the provisions of an interim final rule
establishing an assessment rate for the Citrus Administrative Committee
(Committee) under Marketing Order No. 905 for the 1996-97 and
subsequent fiscal periods. The Committee is responsible for local
administration of the marketing order which regulates the handling of
citrus grown in Florida. Authorization to assess citrus handlers
enables the Committee to incur expenses that are reasonable and
necessary to administer the program.
EFFECTIVE DATE: August 1, 1996.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing
Field Office, Fruit and Vegetable Division, AMS, USDA, P.O. Box 2276,
Winter Haven, FL 33883-2276, telephone (941) 299-4770 and FAX (941)
299-5169, or Tershirra Yeager, Marketing Order Administration Branch,
Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523-S,
Washington, DC 20090-6456, telephone (202) 720-8139, FAX (202) 720-
5698. Small businesses may request information on compliance with this
regulation by contacting: Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Division,
[[Page 50692]]
AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456;
telephone (202) 720-2491; Fax # (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 84 and Order No. 905, both as amended (7 CFR part 905),
regulating the handling of Oranges, Grapefruit, Tangerines, and
Tangelos grown in Florida, hereinafter referred to as the ``order.''
The marketing agreement and order are effective under the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the ``Act.''
The Department is issuing this rule in conformance with Executive
Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the marketing order now in effect, Florida citrus
handlers are subject to assessments. Funds to administer the order are
derived from such assessments. It is intended that the assessment rate
as issued herein will be applicable to all assessable citrus beginning
August 1, 1996 and continuing until amended, suspended, or terminated.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and request a modification of the order or to be exempted
therefrom. Such handler is afforded the opportunity for a hearing on
the petition. After the hearing the Secretary would rule on the
petition. The Act provides that the district court of the United States
in any district in which the handler is an inhabitant, or has his or
her principal place of business, has jurisdiction to review the
Secretary's ruling on the petition, provided an action is filed not
later than 20 days after the date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this rule on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 11,000 producers of citrus in the
production area and approximately 100 handlers subject to regulation
under the marketing order. Small agricultural producers have been
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts less than $500,000, and small agricultural
service firms are defined as those whose annual receipts are less than
$5,000,000. The majority of citrus producers and handlers may be
classified as small entities.
The Florida citrus marketing order provides authority for the
Committee, with the approval of the Department, to formulate an annual
budget of expenses and collect assessments from handlers to administer
the program. The members of the Committee are producers and handlers of
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida. They
are familiar with the Committee's needs and with the costs for goods
and services in their local area and are thus in a position to
formulate an appropriate budget and assessment rate. The assessment
rate is formulated and discussed in a public meeting. Thus, all
directly affected persons have an opportunity to participate and
provide input.
The Committee met on May 24, 1996, and unanimously recommended
1996-97 expenditures of $230,000 and an assessment rate of $0.0035 per
\4/5\ bushel carton of citrus. In comparison, last year's budgeted
expenditures were $215,000. The assessment rate of $0.0035 is $0.00025
higher than last year's established rate. Major expenditures
recommended by the Committee for the 1996-97 year include $102,760 for
salaries, $36,000 for the Manifest Department-FDACS, and $13,500 for
insurance and bonds. Budgeted expenses for these items in 1995-96 were
$101,740 for salaries, $36,000 for the Manifest Department-FDACS, and
$13,350 for insurance and bonds.
The assessment rate recommended by the Committee was derived by
dividing anticipated expenses by expected shipments of Florida citrus.
Citrus shipments for the year are estimated at 64,500,000 cartons which
should provide $225,750 in assessment income. Income derived from
handler assessments, along with interest income and funds from the
Committee's authorized reserve, will be adequate to cover budgeted
expenses. Funds in the reserve will be kept within the maximum
permitted by the order.
An interim final rule regarding this action was published in the
July 24, 1996, issue of the Federal Register (61 FR 38355). That rule
provided for a 30-day comment period. No comments were received.
While this rule will impose some additional costs on handlers, the
costs are in the form of uniform assessments on all handlers. Some of
the additional costs may be passed on to producers. However, these
costs will be offset by the benefits derived by the operation of the
marketing order. Therefore, the AMS has determined that this rule will
not have a significant economic impact on a substantial number of small
entities.
The assessment rate established in this rule will continue in
effect indefinitely unless modified, suspended, or terminated by the
Secretary upon recommendation and information submitted by the
Committee or other available information.
Although this assessment rate is effective for an indefinite
period, the Committee will continue to meet prior to or during each
fiscal period to recommend a budget of expenses and consider
recommendations for modification of the assessment rate. The dates and
times of Committee meetings are available from the Committee or the
Department. Committee meetings are open to the public and interested
persons may express their views at these meetings. The Department will
evaluate Committee recommendations and other available information to
determine whether modification of the assessment rate is needed. The
Committee's 1996-97 budget and those for subsequent fiscal periods will
be reviewed and, as appropriate, approved by the Department.
After consideration of all relevant material presented, including
the information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined that good
cause exists for not postponing the effective date of this rule until
30 days after publication in the Federal Register because: (1) The
Committee needs to have sufficient funds to pay its expenses which are
incurred on a continuous basis; (2) the 1996-97 fiscal period began on
August 1, 1996, and the marketing order requires that the rate of
[[Page 50693]]
assessment for each fiscal period apply to all assessable citrus
handled during such fiscal period; (3) handlers are aware of this
action which was unanimously recommended by the Committee at a public
meeting and is similar to other assessment rate actions issued in past
years; and (4) an interim final rule was published on this action and
provided for a 30-day comment period, no comments were received.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements, Oranges, Reporting and
recordkeeping requirements, Tangelos, Tangerines.
For the reasons set forth in the preamble, 7 CFR part 905 is
amended as follows:
PART 905--ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN
FLORIDA
Accordingly, the interim final rule amending 7 CFR part 905 which
was published at 61 FR 38354 on July 24, 1996, is adopted as a final
rule without change.
Dated: September 23, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-24846 Filed 9-26-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-24845 Technical Amendments to the Soybean Promotion and Research Order and Rules and Regulations
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50693-50694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24845]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1220
[Docket Number LS-96-005]
Technical Amendments to the Soybean Promotion and Research Order
and Rules and Regulations
AGENCY: Agricultural Marketing Service; USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends sections contained in the Soybean
Promotion and Research Order (Order) and rules and regulations. This
regulatory action is being taken as part of the National performance
Review Program to eliminate unnecessary regulations and improve those
that remain in force.
EFFECTIVE DATE: September 27, 1996.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief; Marketing
Programs Branch, Room 2606-S; Livestock and Seed Division, AMS, USDA;
P.O. Box 96456; Washington, DC 20090-6456; telephone 202/720-1115.
SUPPLEMENTARY INFORMATION: This rule amends the Order and Rules and
Regulations (7 CFR Part 1220). The Order and regulations are effective
under the Soybean Promotion, Research, and Consumer Information Act
(Act).
This regulatory action is being taken as part of the National
Performance Review program to eliminate unnecessary regulations and
improve those that remain in force.
Executive Orders 12866 and 12988 and the Regulatory Flexibility Act
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
This rule was reviewed under Executive Order 12988, Civil Justice
Reform. It is not intended to have a retroactive effect. This rule
would not preempt any State or local laws, regulations, or policies
unless they present an irreconcilable conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 1971 of the Act, a
person subject to the Order may file a petition with the Secretary
stating that the Order, any provision of the Order, or any obligation
imposed in connection with the Order, is not in accordance with law and
requesting a modification of the Order or an exemption from the Order.
The petitioner is afforded the opportunity for a hearing on the
petition. After a hearing, the Secretary would rule on the petition.
The Act provides that the district courts of the United States in any
district in which such person is an inhabitant, or has his principal
place of business, has jurisdiction to review the Secretary's ruling on
the petition, if a complaint for this purpose is filed within 20 days
after the date of the entry of the ruling.
Effect on Small Entities
The Agricultural Marketing Service has determined that this rule
will not have a significant economic impact on a substantial number of
small entities as defined by the Regulatory Flexibility Act (5 U.S.C.
601 et seq.), because the changes are primarily to remove obsolete and
duplicative material. As such, these changes will not impact on persons
subject to the program. There are an estimated 381,000 soybean
producers who pay assessments and an estimated 10,000 first purchasers
who collect assessments.
Paperwork Reduction
Information collection requirements and recordkeeping provisions
contained in 7 CFR Part 1220 have been previously approved by OMB and
assigned OMB Control No. 0581-0093 under the Paperwork Reduction Act.
No additional recordkeeping requirements are imposed as a result of
this rule.
Background and Proposed Changes
A review of the Order and regulations was conducted in response to
the President's Regulatory Review Initiative of March 4, 1995. As a
result, a number of paragraphs were identified that could be removed
without adverse impact to the program. The amendments contained in this
rule eliminates sections which are duplicative or obsolete or will
avoid conflicting information.
The amendments eliminate certain sections dealing with procedures
for refunds and for establishing escrow funds (Secs. 1220.228(b)(5)(ii)
through (b)(6)(iii), (Sec. 1220.330 through Sec. 1220.331); and
nomination procedures for the initial United Soybean Board
(Sec. 1220.500 through Sec. 1220.550).
Sections which are obsolete involve procedures for conducting a
producer poll (Sec. 1220.701 through Sec. 1220.731); two sections
citing the Paperwork Reduction Act are duplicative (Sec. 1220.332 and
Sec. 1220.555), one Paperwork Reduction Act citation remains at
Sec. 1220.257 and is amended.
The sections on refund provisions became obsolete after a February
1994 referendum in which producers voted in favor of mandatory
assessments based on 10 percent escrowed assessments paid at the end of
each State's fiscal year.
In July 1995, by means of a poll, producers were provided the
opportunity to request a refund referendum to determine whether refunds
(at 10 percent of escrowed funds) should continue. The number of
producers required to cause a referendum to be conducted did not sign
the poll. Therefore, a referendum will not be held and refunds were
eliminated as of October 1, 1995. Procedures for the conduct of the
producer poll became obsolete after the producer poll was conducted in
July 1995.
After consideration of all relevant material with regard to the
termination of the provisions as hereinafter set forth, it is found
that these provisions no longer tend to effectuate the declared policy
of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined that,
upon good cause, it is impracticable, unnecessary, and contrary to the
public interest to give preliminary notice or to engage in further
public procedure prior to implementing this action because the sections
being removed are either
[[Page 50694]]
duplicative or obsolete and removal will not alter any aspect of the
program.
List of Subjects in 7 CFR Part 1220
Administrative practice and procedure, Advertising, Agricultural
research, Soybeans and soybean products, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR Part 1220 is
amended as follows:
PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
1. The authority citation for part 1220 continues to read as
follows:
Authority: 7 U.S.C. 6301-6311.
Secs. 1220. 228 [Amended]
Center Heading ``Refund of Assessments'' Secs. 1220.330--120.332,
Secs. 1220.500--1220.555 (Subpart D) and Secs. 1220.701--1220.731
(Subpart F) [Removed and reserved]
2. In part 1220, Secs. 1220.228 (b)(5)(ii) through (b)(6)(iii),
1220.330 through 1220.332 and the undesignated centerheading, Subpart D
consisting of Secs. 1220.500 through 555, and Subpart F Consisting of
Secs. 1220.701 through 1220.731 are removed and reserved.
Sec. 1220.257 [Amended]
3. In Sec. 1220.257, the words ``of 1980'' are removed.
Dated: September 23, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-24845 Filed 9-26-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-24834 Technical Amendments; Organizational Changes; Miscellaneous Editorial Changes and Conforming Amendments
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50721-50735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24834]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 1, 2, 4, 5, 6, 10, 12, 14, 16, 25, 28, 30, 31, 32, 33,
34, 35, 39, 42, 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63, 64, 69,
71, 75, 76, 77, 91, 92, 93, 94, 95, 96, 97, 98, 107, 108, 109, 110,
114, 125, 126, 127, 128, 130, 131, 134, 147, 147A, 148, 150, 151,
153, 154, 159, 160, 161, 162, 164, 167, 169, 170, 174, 175, 182,
184, 188, 189, 190, 193, 195, 197, 199, and 401
[CGD 96-041]
RIN 2115-AF34
Technical Amendments; Organizational Changes; Miscellaneous
Editorial Changes and Conforming Amendments
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends Title 46, Code of Federal Regulations to
reflect recent agency organizational changes. It also makes editorial
changes throughout the title to correct addresses, update cross-
references, and other technical corrections. This rule makes no
substantive changes to current regulations.
EFFECTIVE DATE: This rule is effective on September 30, 1996.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC
20593-0001 between 9:30 a.m. and 2 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT:
Janet Walton, Project Manager, Standards Evaluation and Development
Division (G-MSR-2), (202) 267-0257.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Each year Title 46 of the Code of Federal Regulations is recodified
on October 1. This rule makes miscellaneous editorial changes and
conforming amendments, to be included in the 1996 recodification, to
reflect completion of the comprehensive streamlining and reorganization
of Coast Guard Headquarters. The rule also makes editorial changes
throughout the title to correct addresses, update cross-references, and
makes other technical corrections. The rule does not change any
substantive requirements of existing regulations.
Since this amendment relates to departmental management,
organization, procedure, and practice, notice and comment on it are
unnecessary and it may be made effective in fewer than 30 days after
publication in the Federal Register. Therefore, this final rule is
effective on September 30, 1996.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT)(44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that
[[Page 50722]]
a full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary. As this rule involves
internal agency practices and procedures, it will not impose any costs
on the public.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under paragraph 2.B.2. of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This exclusion is in accordance with
paragraphs 2.B.2.E. (34) (a) and (b), concerning regulations that are
editorial or procedural and concerning internal agency functions or
organization. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
List of Subjects
46 CFR Part 1
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 4
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Investigations, Marine safety, National Transportation
Safety Board, Nuclear vessels, Radiation protection, Reporting and
recordkeeping requirements, Safety, Transportation.
46 CFR Part 5
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Investigations, Seamen.
46 CFR Part 6
Navigation (water), Reporting and recordkeeping requirements,
Vessels.
46 CFR Part 10
Reporting and recordkeeping requirements, Schools, Seamen.
46 CFR Part 12
Reporting and recordkeeping requirements, Seamen.
46 CFR Part 14
Oceanographic research vessels, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 16
Drug testing, Marine safety, Reporting and recordkeeping
requirements, Safety, Transportation.
46 CFR Part 25
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 28
Fire prevention, Fishing vessels, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 33
Cargo vessels, Marine safety, Occupational safety and health,
Seamen.
46 CFR Part 34
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 39
Cargo vessels, Fire prevention, Hazardous materials transportation,
Marine safety, Occupational safety and health, Reporting and
recordkeeping requirements.
46 CFR Part 42
Penalties, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 50
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 52
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 53
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 54
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 56
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 57
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 58
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 59
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 61
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 62
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 63
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 64
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 69
Measurement standards, Penalties, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 75
Marine safety, Passenger vessels.
46 CFR Part 76
Fire prevention, Marine safety, Passenger vessels.
[[Page 50723]]
46 CFR Part 77
Marine safety, Navigation (water), Passenger vessels.
46 CFR Part 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 92
Cargo vessels, Fire prevention, Marine safety, Occupational safety
and health, Seamen.
46 CFR Part 93
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 94
Cargo vessels, Marine safety.
46 CFR Part 95
Cargo vessels, Fire prevention, Marine safety.
46 CFR Part 96
Cargo vessels, Marine safety, Navigation (water).
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 98
Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 108
Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.
46 CFR Part 109
Marine Safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 110
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 114
Incorporation by reference, Marine safety, Passenger vessels,
Reporting and recordkeeping requirements.
46 CFR Part 125
Administrative practice and procedures, Authority delegation,
Hazardous materials transportation, Incorporation by reference, Marine
safety, Offshore supply vessels, Oil and gas exploration, Vessels.
46 CFR Part 126
Authority delegation, Hazardous materials transportation, Marine
safety, Offshore supply vessels, Oil and gas exploration, Reporting and
recordkeeping requirements, Vessels.
46 CFR Part 127
Authority delegation, Hazardous materials transportation, Marine
safety, Offshore supply vessels, Oil and gas exploration, Reporting and
recordkeeping requirements, Vessels.
46 CFR Part 128
Hazardous materials transportation, Main and auxiliary machinery,
Marine safety, Offshore supply vessels, Oil and gas exploration,
Vessels.
46 CFR Part 130
Hazardous materials transportation, Marine safety, Offshore supply
vessels, Oil and gas exploration, Vessels, Vessel control and
automation.
46 CFR Part 131
Hazardous materials transportation, Marine safety, Navigation
(water), Offshore supply vessels, Oil and gas exploration, Operations,
Penalties, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 134
Hazardous materials transportation, Marine safety, Offshore supply
vessels, Oil and gas exploration, Provisions for liftboats, Vessels.
46 CFR Part 147
Hazardous materials transportation, Labeling, Marine safety,
Packaging and containers, Reporting and recordkeeping requirements.
46 CFR Part 147A
Fire prevention, Hazardous substances, Occupational safety and
health, Pesticides and pests, Seamen, Vessels.
46 CFR Part 148
Cargo vessels, Hazardous materials transportation, Marine safety.
46 CFR Part 150
Hazardous materials transportation, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements.
46 CFR Part 151
Cargo vessels, Hazardous materials transportation, Marine safety,
Reporting and recordkeeping requirements, Water pollution control.
46 CFR Part 153
Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Marine safety, Reporting and recordkeeping
requirements, Water pollution control.
46 CFR Part 154
Cargo vessels, Gases, Hazardous materials transportation, Marine
safety, Reporting and recordkeeping requirements.
46 CFR Part 159
Business and industry, Laboratories, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 160
Marine safety, Reporting and recordkeeping requirements.
46 CFR Part 161
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 162
Fire prevention, Marine safety, Oil pollution, Reporting and
recordkeeping requirements.
46 CFR Part 164
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, seamen, Vessels.
46 CFR Part 169
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Vessels.
46 CFR Part 170
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 174
Marine safety, Vessels.
46 CFR Part 175
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 182
Marine safety, Passenger vessels.
46 CFR Part 184
Communications equipment, Marine safety, Navigation (water),
Passenger vessels, Reporting and recordkeeping requirements.
[[Page 50724]]
46 CFR Part 188
Marine safety, Oceanographic research vessels.
46 CFR Part 189
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
46 CFR Part 190
Fire prevention, Marine safety, Occupational safety and health,
Oceanographic research vessels.
46 CFR Part 193
Fire prevention, Marine safety, Oceanographic research vessels.
46 CFR Part 195
Marine safety, Navigation (water), Oceanographic research vessels.
46 CFR Part 197
Benzene, Diving, Marine safety, Occupational safety and health,
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 199
Cargo vessels, Incorporation by reference, Marine safety, Oil and
gas exploration, Passenger vessels, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 401
Administrative practice and procedure, Great Lakes, Navigation
(water), Penalties, Reporting and recordkeeping requirements, Seamen.
For the reasons set out in the preamble, the Coast Guard amends 46
CFR parts 1, 2, 4, 5, 6, 10, 12, 14, 16, 25, 28, 30, 31, 32, 33, 34,
35, 39, 42, 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63, 64, 69, 71, 75,
76, 77, 91, 92, 93, 94, 95, 96, 97, 98, 107, 108, 109, 110, 114, 125,
126, 127, 128, 130, 131, 134, 147, 147A, 148, 150, 151, 153, 154, 159,
160, 161, 162, 164, 167, 169, 170, 174, 175, 182, 184, 188, 189, 190,
193, 195, 197, 199, and 401 as follows:
PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS
1. The authority citation for part 1 continues to reads as follows:
Authority: 5 U.S.C. 552; 14 U.S.C. 633, 46 U.S.C. 7701; 49 CFR
1.45, 1.46; Sec. 1.01-35 also issued under the authority of 44
U.S.C. 3507.
2. In Sec. 1.01-10, paragraph (b)(1) is revised to read as follows:
Sec. 1.01-10 Organization.
* * * * *
(b) * * *
(1) The Chief, Marine Safety and Environmental Protection, under
the general direction of the Commandant, directs, supervises and
coordinates the activities of the Standards Directorate, consisting of
the Office of Design and Engineering Standards, the Office of Operating
and Environmental Standards, and the Office of Standards Evaluation and
Development; the Field Activities Directorate, consisting of the Office
of Compliance, the Office of Response, and the Office of Investigations
and Analysis; and the Resource Management Directorate, consisting of
the Office of Planning and Resources and the Office of Information
Resources. The Port Safety and Security programs administered by the
Chief, Office of Compliance and the Marine Environmental Response
programs administered by the Chief, Office of Response are guided by
regulations contained in 33 CFR chapter I. The Chief, Marine Safety and
Environmental Protection, exercises technical control over the
Director, National Maritime Center and, through the District Commander,
supervises the administration of the Marine Safety Division of District
Offices and Officers in Charge, Marine Inspection.
(i) The Director of Standards (G-MS), under the general direction
and supervision of the Chief, Marine Safety and Environmental
Protection, establishes federal policies for development of marine
safety and environmental protection treaties, laws, and regulations;
develops safety, security and environmental protection standards for
the maritime industry; integrates all marine safety and environmental
protection regulatory programs; prepares legislation, regulations, and
industry guidance for new safety and environmental protection programs;
and maintains an active program for development of third party
consensus industry standards.
(A) The Chief, Office of Design and Engineering Standards (G-MSE),
at Headquarters, under the direction of the Chief, Marine Safety and
Environmental Protection and the Director of Standards, manages the
program for defining the overall regulatory approach for vessels,
offshore structures, and other marine systems incorporating safety
considerations regarding the role of the human element; develops
policies and regulations on load line matters and supervises
classification societies authorized to assign load lines on behalf of
the Coast Guard; oversees the development and maintenance of programs
that incorporate risk-based methods in making safety determinations and
policies; and oversees technical research and development for safety
and environmental protection associated with marine vessels, structures
and facilities.
(B) The Chief, Office of Operating and Environmental Standards (G-
MSO), at Headquarters, under the direction of the Chief, Marine Safety
and Environmental Protection and the Director of Standards, coordinates
and integrates program standards for personnel qualification, vessel
manning, vessel and facility operations, cargo systems and handling,
and environmental protection; develops and maintains standards,
regulations and industry guidance for maritime industry operations to
prevent deaths, injuries, property damage, and environmental harm;
develops and maintains safety standards and regulations for commercial
fishing industry vessels and uninspected commercial vessels; and
develops and maintains health and safety standards and regulations for
U.S. inspected vessels.
(C) The Chief, Office of Standards Evaluation and Development (G-
MSR), at Headquarters, under the Direction of the Chief, Marine Safety
and Environmental Protection and the Director of Standards, coordinates
the development of new standards and programs across all technical and
operational areas of marine safety and environmental protection;
provides comprehensive analytical support for all standards assessment
and development efforts; and coordinates development of measures of
effectiveness for assessing regulatory programs and consensus
standards.
(ii) The Director of Field Activities (G-MO), under the general
direction and supervision of the Chief, Marine Safety and Environmental
Protection, acts as Program Manager for the Marine Safety and Marine
Environmental Protection Programs; directs, coordinates, and integrates
the Coast Guard's marine safety and environmental protection compliance
programs, contingency planning, response operations, and investigations
programs; establishes and coordinates field implementation policies and
priorities for all marine safety commands and units; and serves as the
focal point for field support and technical guidance.
(A) The Chief, Office of Compliance (G-MOC), at Headquarters, under
the direction of the Chief, Marine Safety and Environmental Protection
and the Director of Field Activities, administers and balances all
marine safety and environmental protection compliance programs,
including direction of Coast Guard activities and oversight of third
parties and industry programs;
[[Page 50725]]
develops, publishes and maintains program policies for vessel
compliance, interprets standards and regulations, and provides field
guidance for execution and enforcement; administers the marine
inspection program and foreign vessel boarding program for the
enforcement of commercial vessel material and operational safety
standards; and supervises the administration of licensing and
documenting of merchant personnel, the issuance of certificates of
registry to merchant marine staff officers, and the manning of U.S.
vessels.
(B) The Chief, Office of Response (G-MOR), at Headquarters, under
the Direction of the Chief, Marine Safety and Environmental Protection
and the Director of Field Activities, coordinates and integrates field
planning, preparedness, and response operations for pollution
incidents, natural disasters, marine accidents, terrorism, and other
threats to public safety, the marine environment, or marine
transportation and commerce; develops, publishes, and maintains program
policies for preparedness and response, interprets laws and
regulations, and provides field guidance for execution; provides
guidance regarding emergency authorities of the Captain of the Port
(COTP); and administers Office programs for ports and waterway
management, bridging compliance and response efforts with an active
presence in the marine environment.
(C) The Chief, Office of Investigations and Analyses (G-MOA), at
Headquarters, under the direction of the Chief, Marine Safety and
Environmental Protection and the Director of Field Activities, reviews
investigations of marine casualties; manages, develops policy for and
evaluates domestic and international programs and processes associated
with investigations of marine casualties and injuries; manages analysis
of casualties and casualty data, civil penalties and other remedial
programs (including proceedings to suspend or revoke Coast Guard
licenses, documents or certificates held by mariners); and manages
marine employer drug and alcohol testing programs.
(iii) The Director of Resource Management (G-MR), under the general
direction and supervision of the Chief, Marine Safety and Environmental
Protection, serves as Facility Manager for the marine safety programs;
coordinates and integrates financial, informational, and human
resources; plans, acquires, develops, and allocates resources for
development and execution of the Coast Guard's marine safety programs;
provides the focal point for all resource issues in support of the
Standards and Operations Directorates; and oversees the development and
management of the Coast Guard's direct user fee program.
(iv) The Director, Coast Guard National Maritime Center (NMC) under
technical control of the Chief, Marine Safety and Environmental
Protection, administers operational and administrative control of the
Marine Safety Center which conducts reviews and approvals of plans,
calculations, and other materials concerning the design, construction,
alterations, and repair of commercial vessels to determine conformance
with the marine inspection laws, regulations, and implementing
directions; administers operational and administrational control over
the National Vessel Documentation Center which administers U.S. vessel
identification and documentation; oversees and administers the U.S.
tonnage measurement program which measures U.S. naval vessels and
oversees issuance of international and domestic tonnage certificates;
administers merchant mariner licensing and seaman's documentation; and
oversees the national pilotage program.
* * * * *
Sec. 1.01-25 [Amended]
3. In Sec. 1.01-25, in paragraph (b), remove the words ``the Office
of Marine Safety, Security, and Environmental Protection'' and the
words ``Office of Marine Safety, Security, and Environmental
Protection'', and add, in their place, the words ``Marine Safety and
Environmental Protection''; and remove the word ``divisions'' and add,
in its place, the word ``offices''.
4. In Sec. 1.03-15, in paragraphs (g), (h), and (j) are revised to
read as follows:
Sec. 1.03-15 General.
* * * * *
(g) The Commandant may delegate authority to act on administrative
appeals under this subpart to the Chief, Marine Safety and
Environmental Protection, and appropriate office chiefs within Marine
Safety and Environmental Protection.
(h) Formal appeals made to the Commandant shall be addressed to:
(1) Commandant (G-MOC) for appeals involving vessel inspection
issues, load line issues, vessel manning issues or other personnel
issues;
(2) Commanding Officer, U.S. Coast Guard Marine Safety Center, for
appeals involving vessel plan review issues or vessel tonnage issues;
or
(3) Director, National Maritime Center, for appeals involving
measurement issues and vessel documentation issues.
(i) * * *
(j) Any decision made by the Commandant, or by the Chief, Marine
Safety and Environmental Protection, or by an office chief pursuant to
authority delegated by the Commandant is final agency action on the
appeal.
PART 2--VESSEL INSPECTIONS
5. The authority citation for part 2 continues to read as follows:
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333, 1356; 46 U.S.C. 3306,
3703; E.O. 12334, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; subpart
2.45 also issued under the authority of Act Dec. 27, 1950, Ch. 1155,
secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1).
Sec. 2.45-20 [Amended]
6. In Sec. 2.45-20, in paragraph (a), remove the word ``(G-MCC)''
and add, in its place, the word ``(G-MOC)''.
Sec. 2.75-1 [Amended]
7. In Sec. 2.75-1, in paragraph (c), remove the words ``Office of
Marine Safety, Security and Environmental Protection'' and add, in
their place, the works ``Marine Safety and Environmental Protection''
and, in paragraph (d), remove the word
``(G-MMS)'' and add, in its place, the word ``(G-MSE)''.
Sec. 2.75-5 [Amended]
8. In Sec. 2.75-5, in paragraph (a), remove the words ``Office of
Marine Safety, Security and Environmental Protection'' and add, in
their place, the words ``Marine Safety and Environmental Protection''.
Sec. 2.75-50 [Amended]
9. In Sec. 2.75-50, in paragraph (c), remove the words ``the
Director of'' and add, in their place, the word ``Chief,''.
Secs. 2.10-10, 2.10-20, 2.10-105, and 2.10-115 [Amended]
10. In 46 CFR part 2, remove the words ``(G-MP)'' and ``(G-MPR)''
and add, in their place, the word ``(G-MRP)'' in the following places:
(a) Section 2.10-10;
(b) Section 2.10-20(e)
(c) Section 2.10-105(b); and
(d) Section 2.10-115(b).
Secs. 2.75-10, 2.75-15, and 2.75-17 [Amended]
11. In addition to the amendments set forth above, in 46 CFR part
2, remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)'' in the following places:
(a) Section 2.75-10(b);
(b) Section 2.75-15(a); and
(c) Section 2.75-17(d)(1).
[[Page 50726]]
PART 4--MARINE CASUALTIES AND INVESTIGATIONS
12. The authority citation for part 4 continues to read as follows:
Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; 46 U.S.C. 2103, 2306,
6101, 6301, 6305; 50 U.S.C. 198; 49 CFR 1.46. Authority for subpart
4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 1.46.
Sec. 4.11-10 [Amended]
13. In Sec. 4.11-10, remove the number ``5.17-1'' and add, in its
place, the number ``5.401''.
Sec. 4.12-1 [Amended]
14. In Sec. 4.12-1, in paragraph (e), remove the number ``5.15''
and add, in its place, the letter ``F''.
PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION
15. The authority citation for part 5 continues to read as follows:
Authority: 46 U.S.C. 2103, 7101, 7301, 7701; 49 CFR 1.46.
Sec. 5.703 [Amended]
16. In Sec. 5.703, in paragraph (c), remove the word ``(G-MAO)''
and add, in its place, the word ``(G-MOA)''.
PART 6--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND
REGULATIONS \1\
17. The authority citation for part 6 continues to read as follows:
Authority: Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat.
1120 (see 46 U.S.C. App. note prec. 1); 49 CFR 1.46.
Sec. 6.01 [Amended]
18. In Sec. 6.01, in paragraph (a) remove the word ``codeter'' and
add, in its place, the word ``chapter''.
Sec. 6.06 [Amended]
19. In Sec. 6.06, in paragraph (a), remove the word ``codeter'' and
add, in its place, the word ``chapter''; and in paragraphs (b) and (d),
remove the word ``(G-MCO)'' and add, in its place, the word ``(G-
MOC)''.
PART 10--LICENSING OF MARITIME PERSONNEL
20. The authority citation for part 10 continues to read as
follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7101,
7106, 7107, 7109, 7302, 7505, 7701; 49 CFR 1.46. Section 10.107 also
issued under the authority of 44 U.S.C. 3507.
Sec. 10.112 [Amended]
21. In Sec. 10.112, in paragraph (b), remove the word ``(G-
MPR)'' and add, in its place, the word ``(G-MRP)''.
PART 16--CHEMICAL TESTING
22. The authority citation for part 16 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 49 CFR
1.46.
Sec. 16.205 [Amended]
23. In Sec. 16.205, in paragraph (g), remove the word ``(G-MAO)''
and add, in its place, the word ``(G-MOA)''.
Sec. 16.500 [Amended]
24. In Sec. 16.500, in paragraphs (a) and (c), remove the word
``(G-MAO)'' and add, in its place, the word ``(G-MOA)''.
PART 25--REQUIREMENTS
25. The authority citation for part 25 continues to read as
follows:
Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4302; 49 CFR 1.46.
Sec. 25.01-3 [Amended]
26. In Sec. 25.01-3, in paragraph (a), remove the words
``Compliance Division (G-MCO)'' and add, in their place, the words
``Office of Compliance (G-MOC)''; and in paragraph (b), under the entry
for American Boat and Yacht Council (ABYC), remove the words ``P.O. Box
747, 405 Headquarters Drive, suite 3, Millersville, MD 21108-0747'' and
add, in their place, the words ``3069 Solomons Island Road, Edgewater,
MD 21037''.
Sec. 25.30-5 [Amended]
27. In Sec. 25.30-5, in paragraph (a), remove the words ``CG-190,
Equipment Lists'' and add, in their place, the words ``COMDTINST
M16714.3 (Series), Equipment Lists''.
Secs. 25.45-1 and 25.45-2 [Amended]
28. In addition to the amendments set forth above, in 46 CFR part
25, remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)'' in the following places:
(a) Section 25.45-1(a); and
(b) Section 25.45-2(a).
PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
29. The authority citation for part 28 continues to read as
follows:
Authority: 46 U.S.C. 3316, 4502, 4506, 6104, 10603; 49 U.S.C.
5103, 5106; 49 CFR 1.46.
Sec. 28.40 [Amended].
30. In Sec. 28.40, in paragraph (a), remove the words ``Design and
Engineering Standards Division
(G-MMS)'' and add, in their place, the words ``Office of Design and
Engineering Standards (G-MSE)''; in paragraph (b), under the entry for
American Boat and Yacht Council (ABYC), remove the words ``P.O. Box
747, 405 Headquarters Dr., suite 3, Millersville, MD 21108-0747'' and
add, in their place, the words ``3069 Solomons Island Road, Edgewater,
MD 21037''; and under the entry for National Fire Protection
Association (NFPA), remove the number ``60'' preceding Batterymarch and
add, in its place, the number ``1''.
Sec. 28.50 [Amended]
31. In Sec. 28.50, in the definition of Coat Guard Representative,
remove the words ``Vessel and Facility Operating Standard Branch,
Commandant
(G-MOS-2)'' and add, in their place, the words ``Vessel and Facility
Operating Standards Division, Commandant
(G-MSO-2)''.
PART 30--GENERAL PROVISIONS
32. The authority citation for part 30 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49
CFR 1.45, 1.46; Section 30.01-2 also issued under the authority of
44 U.S.C. 3507; Section 30.01-5 also issued under the authority of
Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 30.30-5 [Amended]
33. In Sec. 30.30-5, in paragraph (a), remove the word ``(G-MCO)''
and add, in its place, the word ``(G-MOC)''.
PART 31--INSPECTION AND CERTIFICATION
34. The authority citation for part 31 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 3703; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46. Section 31.10-21a also issued under the authority of Sec.
4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 31.10-21 [Amended]
35. In Sec. 31.10-21, in paragraphs (e)(1), (e)(3), and (g), remove
the word
``(G-MCO)'' and add, in its place, the word ``(G-MOC)''.
Sec. 31.40-45 [Amended]
36. In Sec. 31.40-45, in paragraph (a), remove the words ``45
Eisenhower Drive, Paramus, NJ 07653-0910'' and add, in their place, the
words ``Two World Trade Center, 106th Floor, New York, NY 10048''.
PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS
37. The authority citation for part 32 continues to read as
follows:
[[Page 50727]]
Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also issued
under the authority of Sect. 4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 32.01-1 [Amended]
38. In Sec. 32.01-1, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
Sec. 32.53-3 [Amended]
39. In Sec. 32.53-3, in paragraphs (a), (d), and (e), remove the
words ``Office of Marine Safety, Security and Environmental
Protection'' and add, in their place, the words ``Marine Safety and
Environmental Protection''; and in paragraph (b), remove the word ``(G-
MOS)'' and add, in its place, the word ``(G-MSO)''.
PART 33--LIFESAVING EQUIPMENT
40. The authority citation for part 33 continues to read as
follows:
Authority: 46 U.S.C. 3102, 3306, 3703; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 33.01-3 [Amended]
41. In Sec. 33.01-3, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 34--FIREFIGHTING EQUIPMENT
42. The authority citation for part 34 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 34.01-15 [Amended]
43. In Sec. 34.01-15, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 35--OPERATIONS
44. The authority citation for part 35 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., P. 351; 49 CFR
1.46.
Sec. 35.01-3 [Amended]
45. In Sec. 35.01-3, in paragraph (a), remove the words ``Marine
Technical and Hazardous Materials Division'' and add, in their place,
the words ``Office of Operating and Environmental Standards''.
PART 39--VAPOR CONTROL SYSTEMS
46. The authority citation for part 39 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. 3306, 3703, 3715(b); 45 FR
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 39.10-5 [Amended]
47. In Sec. 39.10-5, in paragraph (a), remove the words ``Operating
and Environmental Standards Division (G-MOS)'' and add, in their place,
the words ``Office of Operating and Environmental Standards (G-MSO)'';
in paragraph (b), under the entry for American National Standards
Institute (ANSI), remove the words ``1430 Broadway, New York, NY
10018'' and add, in their place, the words ``11 West 42nd Street,
New York, NY 10036''; and under the entry for Oil Companies
International Marine Forum (OCIMF), remove the words ``6th Floor,
Portland House, Stag Place, London SWIE 5BH, England'' and add, in
their place, the words ``15th Floor, 96 Victoria Street, London
SWIE 5JW England''.
Secs. 39.10-1, 39.10-9, 39.20-1, 39.20-9, and 39.40-1 [Amended]
48. In addition to the amendments set forth above, in 46 CFR part
39, remove the word ``(G-MOS)'' and add, in its place, the word ``(G-
MSO)'' in the following places:
(a) Section 39.10-1(b);
(b) Section 39.10-9;
(c) Section 39.20-1(a)(1);
(d) Section 39.20-9(d); and
(e) Sections 39.40-1 (b), (c), and (e).
PART 42--DOMESTIC AND FOREIGN VOYAGES BY SEA
49. The authority citation for part 42 continues to read as
follows:
Authority: 46 U.S.C. 5115; 49 CFR 1.45, 1.46; section 42.01-5
also issued under the authority of 44 U.S.C. 3507.
Sec. 42.07-35 [Amended]
50. In Sec. 42.07-35, in paragraph (a), remove the words ``45 Broad
Street, New York, N.Y. 10004'' and add, in their place, the words ``Two
World Trade Center, 106th Floor, New York, NY 10048''.
Sec. 42.11-5 [Amended]
51. In Sec. 42.11-5, in paragraph (a), remove the words ``45 Broad
Street, New York, N.Y. 10004'' and add in their place, the words ``Two
World Trade Center, 106th Floor, New York, NY 10048''.
PART 50--GENERAL PROVISIONS
52. The authority citation for part 50 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46; Section
50.01-20 also issued under the authority of 44 U.S.C. 3507.
Sec. 50.25-1 [Amended]
53. In Sec. 50.25-1, in paragraph (e), remove the word ``(G-MMS)''
and add, in its place, the word ``(G-MSE)''.
PART 52--POWER BOILERS
54. The authority citation for part 52 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 52.01-1 [Amended]
55. In Sec. 52.01-1, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 53-HEATING BOILERS
56. The authority citation for part 53 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 53.01-1 [Amended]
57. In Sec. 53.01-1, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 54--PRESSURE VESSELS
58. The authority citation for part 54 continues to read as
follows:
Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 54.01-1 [Amended]
59. In Sec. 54.01-1, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
Sec. 54.05-30 [Amended]
60. In Sec. 54.05-30, in paragraph (c), remove the word ``(G-MMMS-
3)'' and add, in its place, the word ``(G-MSE)''.
Secs. 54.05-30 and 54.15-25 [Amended]
61. In addition to the amendments set forth above, in 46 CFR part
54, remove
[[Page 50728]]
the word ``(G-MMS-3)'' and add, in its place, the word ``(G-MSE)'' in
the following places:
(a) Section 54.05-30(b); and
(b) Section 54.15-25(c-1).
PART 56--PIPING SYSTEMS AND APPURTENANCES
62. The authority citation for part 56 continues to read as
follows:
Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Sec. 56.01-2 [Amended]
63. In Sec. 56.01-2, in paragraph (b), under the entry for American
National Standards Institute (ANSI), remove the words ``1430 Broadway,
New York, NY 10018'' and add, in their place, the words ``11 West
42nd Street, New York, NY 10036''.
Secs. 56.20-15 and 56.60-25 [Amended]
64. In addition to the amendments set forth above, in 46 CFR part
56, remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)'' in the following places:
(a) Section 56.20-15(c)(3); and
(b) Section 56.60-25 paragraphs (a)(10) and (a)(11).
PART 57--WELDING AND BRAZING
65. The authority citation for part 57 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 57.02-1 [Amended]
66. In Sec. 57.02-1, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS
67. The authority citation for part 58 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 58.03-1 [Amended]
68. In Sec. 58.03-1, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''; in
paragraph (b), under the entry for American Boat and Yacht Council
(ABYC), remove the words ``P.O. Box 747, 405 Headquarters Drive, suite
3, Millersville, MD 21108'' and add, in their place, the words ``3069
Solomons Island Road, Edgewater, MD 21037''; under the entry for
American Bureau of Shipping (ABS), remove the words ``45 Eisenhower
Drive, Paramus, NJ 07653'' and add, in their place, the words ``Two
World Trade Center, 106th Floor, New York, NY 10048''; and under the
entry for American National Standards Institute (ANSI), remove the
words ``1430 Broadway, New York, NY 10018'' and add, in their place,
the words ``11 West 42nd Street, New York, NY 10036''.
PART 59--REPAIRS TO BOILERS, PRESSURE VESSELS AND APPURTENANCES
69. The authority citation for part 59 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 59.01-2 [Amended]
70. In Sec. 59.01-2, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 61--PERIODIC TESTS AND INSPECTIONS
71. The authority citation for part 61 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 61.03-1 [Amended]
72. In Sec. 61.03-1, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
Sec. 61.20-17 [Amended]
73. In Sec. 61.20-17, in paragraph (f)(2), remove the word ``(G-
MCO)'' and add, in its place, the words ``(G-MCO)''.
Sec. 61.20-21 [Amended]
74. In Sec. 61.20-21, remove the word ``(G-MCO)'' and add, in its
place, the word ``(G-MOC)''.
Sec. 61.40-10 [Amended]
75. In Sec. 61.40-10, in paragraph (b), remove the word ``(G-MMS)''
and add, in its place, the word ``(G-MSE)''.
PART 62--VITAL SYSTEM AUTOMATION
76. The authority citation for part 62 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 8105, E.O. 12234, 45 FR 58801,
3 CFR 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 62.05-1 [Amended]
77. In Sec. 62.05-1, in paragraph (a), remove the words ``the
Office of Marine Safety, Security, and Environmental Protection (G-
MMS)'' and add, in their place, the words ``Marine Safety and
Environmental Protection (G-MSE)''; and in paragraph (b)(1), remove the
words ``45 Eisenhower Drive, Paramus, New Jersey 07653-0910'' and add,
in their place, the words ``Two World Trade Center, 106th Floor, New
York, NY 10048''.
Sec. 62.35-40 [Amended]
78. In Sec. 62.35-40, in paragraph (b), remove the word ``(G-MMS)''
and add, in its place, the word ``(G-MSE)''.
PART 63--AUTOMATIC AUXILIARY BOILERS
79. The authority citation for part 63 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 63.05-1 [Amended]
80. In Sec. 63.05-1, in paragraph (a), remove the words ``Marine
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 64--MARINE PORTABLE TANKS AND CARGO HANDLING SYSTEMS
81. The authority citation for part 64 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 49 U.S.C. App. 1804; 49 CFR
1.46.
Sec. 64.2 [Amended]
82. In Sec. 64.2, in paragraph (a), remove the words ``Office of
Marine Safety, Security, and Environmental Protection'' and add, in
their place, the words ``Marine Safety and Environmental Protection''.
PART 69--MEASUREMENT OF VESSELS
83. The authority citation for part 69 continues to read as
follows:
Authority: 46 U.S.C. 2301, 14103, 49 CFR 1.46.
Sec. 69.9 [Amended]
84. In Sec. 69.9, in the definition of Commandant, remove the words
``U.S. Coast Guard, 2100 Second St. SW., Washington, DC 20593-0001''
and add, in their place, the words ``400 7th Street, SW., Washington,
DC 20590-0001''.
[[Page 50729]]
PART 71--INSPECTION AND CERTIFICATION
85. The authority citation for part 71 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Sec. 71.50-3 [Amended]
86. In Sec. 71.50-3, in paragraph (f), remove the word ``(G-MCO)''
and add, in its place, the word ``(G-MOC)''.
PART 75--LIFESAVING EQUIPMENT
87. The authority citation for part 75 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 71.01-3 [Amended]
88. In Sec. 75.01-3, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 76--FIRE PROTECTION EQUIPMENT
89. The authority citation for part 76 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 76.01-2 [Amended]
90. In Sec. 76.01-2, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
91. The authority citation for part 77 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 77.01-3 [Amended]
92. In Sec. 77.01-3, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 91--INSPECTION AND CERTIFICATION
93. The authority citation for part 91 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; 49 CFR 1.46.
Sec. 91.40-3 [Amended]
94. In Sec. 91.40-3, in paragraphs (e)(1), (e)(3), and (g), remove
the word ``(G-MCO)'' and add, it its place, the word ``(G-MOC)''.
Sec. 91.55-15 [Amended]
95. In Sec. 91.55-15, in paragraph (a)(2), remove the word ``(G-
MTH)'' and add, in its place, the word ``(G-MSE)''; and in paragraph
(a)(3), remove the word ``(G-MSC)''.
Sec. 91.60-45 [Amended]
96. In Sec. 91.60-45, in paragraph (a), remove the words ``45
Eisenhower Drive, Paramus, NJ 07653-0910'' and add, in their place, the
words ``Two World Trade Center, 106th Floor, New York, NY 10048''.
PART 92--CONSTRUCTION AND ARRANGEMENT
97. The authority citation for part 92 continues to read as
follows:
Authority: 46 U.S.C. 3306; 5115; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 92.01-2 [Amended]
98. In Sec. 92.01-2, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 93--STABILITY
99. The authority citation for part 93 continues to read as
follows:
Authority: 46 U.S.C. 3306; 5115; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 93.20-05 [Amended]
100. In Sec. 93.20-05, in paragraph (a), remove the words ``One
World Trade Center, Suite 2757, New York, N.Y. 10048'' and add, in
their place, the words ``30 Vesey Street, New York, NY 10007-2914''.
Sec. 93.20-10 [Amended]
101. In Sec. 93.20-10, in paragraph (b), remove the words ``One
World Trade Center, Suite 2757, New York, N.Y. 10048'' and add, in
their place, the words ``30 Vesey Street, New York, NY 10007-2914''.
PART 94--LIFESAVING EQUIPMENT
102. The authority citation for part 94 continues to read as
follows:
Authority: 46 U.S.C. 3102; 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; 49 CFR 1.46.
Sec. 94.01-3 [Amended]
103. In Sec. 94.01-3, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 95--FIRE PROTECTION EQUIPMENT
104. The authority citation for part 95 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 95.01-2 [Amended]
105. In Sec. 95.01-2, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
106. The authority citation for part 96 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
Sec. 96.01-3 [Amended]
107. In Sec. 96.01-3, in paragraph (a), remove the words ``Design
and Engineering Standards Division
(G-MMS)'' and add, in their place, the words ``Office of Design and
Engineering Standards (G-MSE)''.
PART 97--OPERATIONS
108. The authority citation for part 97 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
Sec. 97.12-5 [Amended]
109. In Sec. 97.12-5, in paragraph (a), remove the paragraph
designator, and remove the words ``99 John Street, New York, NY 10038''
and add, in their place, the words ``30 Vesey Street, New York, NY
10007-2914''.
PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS
FOR CERTAIN DANGEROUS CARGOES IN BULK
110. The authority citation for part 98 continues to read as
follows:
[[Page 50730]]
Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3703; 49 U.S.C. App.
1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR
1.46.
Sec. 98.25-90 [Amended]
111. In Sec. 98.25-90, in paragraph (c), remove the word ``(G-
MOS)'' and add, in its place, the word ``(G-MSO)''.
Sec. 98.30-4 [Amended]
112. In Sec. 98.30-4, in paragraph (a)(1), in the footnote, remove
the word
``(G-MOS)'' and add, in its place, the word ``(G-MSO)''; and in
paragraph (c) remove the word ``OHMT'' and add, in its place, the word
``OHMS''.
Sec. 98.30-14 [Amended]
113. In Sec. 98.30-14, in paragraphs (a)(2), (a)(3), (b)(1), and
(b)(2) remove the word ``(G-MOS)'' and add, in its place, the word
``(G-MSO)''.
PART 107--INSPECTION AND CERTIFICATION
114. The authority citation for part 107 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115; 49 CFR 1.45,
1.46; Sec. 107.05 also issued under the authority of 44 U.S.C. 3507.
Sec. 107.115 [Amended]
115. In Sec. 107.115, in paragraph (b)(1), remove the words ``45
Eisenhower Drive, Paramus, NJ 07653-0910'' and add, in their place, the
words ``Two World Trade Center, 106th Floor, New York, NY 10048''; and
in paragraph (b)(5), remove the words ``470 Atlantic Avenue, Boston,
Massachusetts 02210'' and add, in their place, the words ``1
Batterymarch Park, Quincy, MA 02269-9101''.
Sec. 107.117 [Amended]
116. In Sec. 107.117, in paragraph (a), remove the word ``(G-MCO)''
and add, in its place, the word ``(G-MOC)''; and in paragraph (b),
remove the word
``(G-MMS)'' and add, in its place, the word ``(G-MSE)''.
Sec. 107.258 [Amended]
117. In Sec. 107.258, in paragraph (a)(1), remove the words ``45
Broad St., New York, N.Y. 10004'' and add, in their place, the words
``Two World Trade Center, 106th Floor, New York, NY 10048''.
Sec. 107.265 [Amended]
118. In Sec. 107.265, in paragraph (a)(2), remove the word ``(G-
MCO)'' and add, in its place, the word ``(G-MOC)''.
Sec. 107.267 [Amended]
119. In Sec. 107.267. in paragraphs (a)(2) and (b), remove the word
``(G-MCO)'' and add, in its place, the word ``(G-MOC)''
Sec. 107.317 [Amended]
120. In Sec. 107.317, in paragraph (b), remove the word ``(G-
MSC)''; and in paragraph (c), remove the words ``45 Broad St., New
York, NY 10004'' and add, in their place, the words ``Two World Trade
Center, 106th Floor, New York, NY 10048''.
Sec. 107.413 [Amended]
121. In Sec. 107.413, in paragraphs (b), (c), and (d) remove the
word
``(G-MCO)'' and add, in its place, the word ``(G-MOC)''.
PART 108--DESIGN AND EQUIPMENT
122. The authority citation for part 108 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; 49 CFR 1.46.
Sec. 108.101 [Amended]
123. In Sec. 108.101, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''; and
remove the Note following paragraph (b) at the end of the section.
Sec. 108.201 [Amended]
124. In Sec. 108.201, in paragraph (a), remove the word ``(G-MOS)''
and add, in its place, the word ``(G-MSO)''.
Sec. 108.508 [Amended]
125. In Sec. 108.508, in paragraphs (a) (1), (a)(2), and (a)(3),
remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)''.
PART 109--OPERATIONS
126. The authority citation for part 109 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115, 6101, 10104; 49
CFR 1.46.
Appendix A, Part 109 [Amended]
127. In 46 CFR part 109, in Appendix A, in paragraph 4.f, remove
the word ``(G-MVI)''; and add, in its place, the word ``(G-MOC)''; and
in paragraphs 1, 3.a, 3.c, 3.d, 3.d(5)(f), 4.a, 4.b, 4.d, and 4.f,
remove the word ``NVC'' and add, in its place, the word ``NVIC''.
PART 110--GENERAL PROVISIONS
128. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45,
1.46; Sec. 110.01-2 also issued under 44 U.S.C. 3507.
Sec. 110.10-1 [Amended]
129. In Sec. 110.10-1, in paragraph (a), remove the words
`'Division (G-MMS)'' and add, in their place, the word (G-MSE)''.
Sec. 110.25-3 [Amended]
130. In Sec. 110.25-3, in paragraph (a)(1), remove the word ``(G-
MSC)''.
Secs. 110.20-1 and 110.25-3 [Amended]
131. In addition to the amendments set forth above, in 46 CFR part
110, remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)'' in the following sections:
(a) Section 110.20-1; and
(b) Section 110.25-3(a)(3).
PART 114--GENERAL PROVISIONS
132. The authority citation for part 114 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. App. 1804; 49
CFR 1.45, 1.46; 114.900 also issued under authority of 44 U.S.C.
3507.
Sec. 114.600 [Amended]
133. In Sec. 114.600, in paragraph (a), remove the words
``Standards Evaluation and Development Divisions (G-MES)'' and add, in
their place, the words ``Office of Operating and Environmental
Standards (G-MSO)''; in paragraph (b), under the entry for American
Boat and Yacht Council (ABYC), remove the word ``Solomon's'' and add,
in its place, the word ``Solomons''; under the entry for American
Bureau of Shipping (ABS), remove the words ``ABS Plaza, 16855
Northchase Drive, Houston, TX 77060'' and add, in their place, the
words ``Two World Trade Center, 106th Floor, New York, NY 10048'':
and under the entry for American National Standards Institute (ANSI),
remove the words ``United Engineering Center, 345 East 47th St.,
New York, NY 10017'' and add, in their place, the words ``11 West
42nd Street, New York, NY 10036''.
PART 125--GENERAL
134. The authority citation to part 125 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; 49
CFR 1.46.
Sec. 125.180 [Amended]
135. In Sec. 125.180, in paragraph(a), remove the words ``Merchant
Vessel Inspection and Documentation Division'' and add, in their place,
the words ``Vessel and Facility Operating Standards Division (G-MSO-
2)''; and, in paragraph (b), under the entry for American Yacht and
Boat Council, Inc. (AYBC), remove the word ``Solomon's'' and add, in
its place, the word ``Solomons''; and under the entry for Institute of
Electrical and Electronics
[[Page 50731]]
Engineers (IEEE), remove the words ``345 E. 47th St., New York, NY
10017'' and add, in their place, the words ``IEEE Service Center, 445
Hoes Lane, Piscataway, NJ 08854''.
Sec. Sec. 125.110 and 125.120 [Amended]
136. In addition to the amendments set forth above, in 46 CFR part
125, remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)'' in the following places:
(a) Section 125.110(a); and
(b) Section 125.120(a).
PART 126--INSPECTION AND CERTIFICATION
137. The authority citation for part 126 continues to read as
follows:
Authority: 46 U.S.C. 3306; 33 U.S.C. 1321(j); E.O. 11735, 38FR
21243, 3 CFR 1971-1975 Comp., p. 793; 49 CFR 1.46.
Sec. 126.140 [Amended]
138. In Sec. 126.140, in paragraph (a), remove the word ``(G-MCO)''
and add, in its place, the word ``(G-MOC)''.
PART 127--CONSTRUCTION AND ARRANGEMENTS
139. The authority citation for part 127 continues to read as
follows:
Authority: 46 U.S.C. 3306; 49 CFR 1.46.
Sec. 127.210 [Amended]
140. In Sec. 127.210, in paragraph (b), remove the word ``(G-MMS)''
and add, in its place, the word ``(G-MSE)''.
PART 128--MARINE ENGINEERING: EQUIPMENT AND SYSTEMS
141. The authority citation for part 128 continues to read as
follows:
Authority: 46 U.S.C. 3306; 49 CFR 1.46.
Sec. 128.310 [Amended]
142. In Sec. 128.310, in paragraph (b), remove the word ``(G-MTH)''
and add, in its place, the word ``(G-MSE)''.
PART 130--VESSEL CONTROL, AND VARIOUS EQUIPMENT AND SYSTEMS
143. The authority citation for part 130 continues to read as
follows:
Authority: 46 U.S.C. 3306, 8105; 49 CFR 1.46.
Sec. 130.470 [Amended]
144. In Sec. 130.470, in paragraph (a), remove the word ``(G-MMS)''
and add, in its place, the word ``(G-MSE)''.
PART 131--OPERATIONS
145. The authority citation for part 131 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 8105, 10104;
E.O. 12234, 45 FR 58801, 3 CFR 1980 Comp., p. 277; 49 CFR 1.466.
Secs. 131.530, 131.535, and 131,580 [Amended]
146. In 46 CFR part 131, remove the word ``(G-MMS)'' and add, in
its place, the word ``(G-MSE)'' in the following places:
(a) Section 131.530(b)(1);
(b) Section 131.535(b); and
(c) Section 131.580(e).
PART 134--ADDED PROVISIONS FOR LIFTBOATS
147. The authority citation for part 134 continues to read as
follows:
Authority: 46 U.S.C. 3306; 49 CFR 1.46.
Sec. 134.140 [Amended]
148. In Sec. 134.140, in paragraph (b), remove the word ``(G-
MMS)'', and add, in its place, the word ``(G-MSE)''.
PART 147--HAZARDOUS SHIPS' STORES
149. The authority citation for part 147 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
150. Section 147.5 is revised to read as follows:
Sec. 147.5 Commandant (G-MSO); address.
Commandant (G-MSO) is the Office of Operating and Environmental
Standards, Marine Safety and Environmental Protection. The address is
Commandant (G-MSO), U.S. Coast Guard Headquarters, Washington, DC
20593-0001, and the telephone number is (202) 267-0214.
Sec. 147.50 [Amended]
151. In Sec. 147.50, in paragraph (d), remove the word ``(G-MMS)''
and add, in its place, the word ``(G-MSE)''.
Secs. 147.9, 147.40, and 147.60 [Amended]
152. In addition to the amendments set forth above, in 46 CFR part
147, remove the word ``(G-MOS)'' and add, in its place, the word ``(G-
MSO)'' in the following sections:
(a) Section 147.9(a);
(b) Section 147.40 section heading, paragraphs (a), (b), and (c);
and
(c) Section 147.60(c)(2).
Sec. 147A.11 [Amended]
153. In Sec. 147A.11, in paragraph (b)(5)(iii), remove the words
``470 Atlantic Avenue, Boston, Massachusetts 02210'' and add, in their
place, the words ``1 Batterymarch Park, Quincy, MA 02269-9101''.
PART 148--CARRIAGE OF SOLID HAZARDOUS MATERIALS IN BULK
154. The authority citation for part 148 continues to read as
follows:
Authority: 49 U.S.C. App. 1804; 49 CFR 1..46.
Sec. 148.01-9 [Amended]
155. In Sec. 148.01-9, in paragraph (a), remove the word ``(G-
MOS)'' and add, in its place, the word ``(G-MSO)''.
Sec. 148.01-11 [Amended]
156. In Sec. 148.01-11, in paragraph (b)(2), remove the word ``(G-
MOS)'' and add, in its place, the word ``(G-MSO)''.
PART 150--COMPATIBILITY OF CARGOES
157. The authority citation for part 150 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46. Section
150.105 issued under 44 U.S.C. 3507; 49 CFR 1.45.
Secs. 150.140, 150.150, 150.160 [Amended]
158. In 46 CFR part 150, remove the word ``(G-MOS)'' and add, in
its place, the word ``(G-MSO)'' in the following sections:
(a) Section 150.140;
(b) Section 150.150 introductory text; and
(c) Section 150.160(a).
Sec. Table I, Table II, and Appendix III, Part 150 [Amended]
159. In 46 CFR part 150, remove the word ``(G-MTH)'' and add, in
its place, the word ``(G-MSO)'' in the following sections:
(a) Table I, in footnote \1\;
(b) Table II, in footnote \1\; and
(c) Appendix III, in Step 3.
PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES
160. The authority citation for part 151 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; 49 CFR 1.46.
Sec. 151.05-1 [Amended]
161. In Sec. 151.05-1, remove and reserve paragraph (f).
Sec. 151.13-1 [Amended]
162. In Sec. 151.13-1, remove the paragraph designator, and remove
the words ``cargo tanks, cargo piping, and cargo vents'' and add, in
their place, the words ``cargo tanks''.
Sec. 151.13-5 [Amended]
163. In Sec. 151.13-5, in paragraph (a), remove the words ``, (2),
and (3)'' and add, in their place, the words ``and (2)''.
[[Page 50732]]
Secs. 151.50-20, 151.50-22, 151.50-23, 151.50-36, 151.50-50, 151.50-75,
151.50-76, 151.50-77, 151.50-80, and 151.50-84 [Amended]
164. In addition to the amendments set forth above, in 46 CFR part
151, remove the word ``(G-MOS)'' and add, in its place, the word ``(G-
MSO)'' in the following sections:
(a) Section 151.50-20(i);
(b) Section 151.50-22(d);
(c) Section 151.50-23(e);
(d) Section 151.50-36(b);
(e) Section 151.50-50(n);
(f) Section 151.50-75;
(g) Sections 151.50-76 (b), (c), and (g);
(h) Section 151.50-77(a);
(i) Section 151.50-80(c); and
(j) Section 151.50-84(e)(2).
PART 153--SHIPS CARRYING BULK LIQUID, LIQUEFIED GAS, OR COMPRESSED
GAS HAZARDOUS MATERIALS
165. The authority citation for part 153 continues to read as
follows:
Authority: 46 U.S.C. 3703; 49 CFR 1.46. Section 153.40 issued
under 49 U.S.C. 5103. Sections 153.470 through 153.491, 153.1100
through 153.1132, and 153.1600 through 153.1608 also issued under 33
U.S.C. 1903(b).
Sec. 153.1 [Amended]
166. In Sec. 153.1, remove paragraph (a)(4).
Sec. 153.2 [Amended]
167. In Sec. 153.2, in the definition of Commandant, add the words
``2100 Second Street SW.'' immediately before the words ``Washington,
DC''.
Sec. 153.4 [Amended]
168. In Sec. 153.4, in paragraph (a), remove the words ``Marine
Technical and Hazardous Materials Division (G-MTH)'' and add, in their
place, the words ``Office of Operating and Environmental Standards (G-
MSO)''; and in paragraph (b), under the entry for American National
Standards Institute (ANSI), remove the words ``1430 Broadway, New York,
NY 10018'' and add, in their place, the words ``11 West 42nd Street,
New York, NY 10036''.
Secs. 153.7, 153.10, 153.15, 153.16, 153.219, 153.250, 153.336,
153.353, 153.365, 153.407, 153.460, 153.490, 153.491, 153.525, 153.530,
153.556, 153.557, 153.558, 153.921, 153.935a, 153.1010, 153,1011,
153.1025, 153.1052, 153.1101, 153.1119, 153.1502, and 153.1608
[Amended]
169. In addition to the amendments set forth above, in 46 CFR part
153, remove the word ``(G-MOS)'' and add, in its place, the word ``(G-
MSO)'' in the following sections:
(a) Sections 153.7 (b)(4), (b)(4) (iii), (c)(3), (c)(4), (c)(5),
and (c)(6);
(b) Sections 153.10 (a)(1), (a)(3), and (b);
(c) Section 153.15(b)(4);
(d) Section 153.16(a);
(e) Section 153.219(b)(3);
(f) Section 153.250;
(g) Sections 153.336 (a)(3) and (b)(2);
(h) Section 153.353(c)
(i) Section 153.365(a)(3);
(j) Section 153.407(b);
(k) Sections 153.460 (b) and (c);
(l) Section 153.490(b)(1);
(m) Section 153.491(b)(3);
(n) Section 153.525(d)(3);
(o) Sections 153.530 (c), (c)(1), (c)(2), and (o)(1);
(p) Section 153.556(a);
(q) Sections 153.557 (a)(3) and (b);
(r) Section 153.558(b);
(s) Section 153.921;
(t) Section 153.935a(a)(2);
(u) Section 153.1010(b)(4);
(v) Sections 153.1011 (a)(2) and (a)(3);
(w) Section 153.1025(c);
(x) Section 153.1052;
(y) Section 153.1101(c);
(z) Sections 153.1119 (c)(1), (c)(2) (viii), (c)(3), and (e);
(aa) Section 153.1502(a); and
(bb) Section 153.1608, in the Note at the end of the section.
Table I, Part 153 [Amended]
170. In 46 CFR part 153, in Table 1, in footnote h, remove the word
``(G-MTH)'' and add, in its place, the word ``(G-MSO)''.
PART 154--SAFETY STANDARDS FOR SELF-PROPELLED VESSELS CARRYING BULK
LIQUEFIED GASES
171. The authority citation for part 154 continues to read as
follows:
Authority: 46 U.S.C. 3703, 9101; 49 CFR 1.46.
Sec. 154.1 [Amended]
172. In Sec. 154.1, in paragraph (a), add the words ``2100 Second
Street SW.'', immediately before the words ``Washington, DC''; in
paragraph (b), under the entry for American Bureau of Shipping (ABS),
remove the words ``45 Eisenhower Drive, Paramus, NJ 07652'' and add, in
their place, the words ``Two World Trade Center, 106th Floor, New York,
NY 10048''; and under the entry for American National Standards
Institute (ANSI), remove the words ``1430 Broadway, New York, NY
10018'' and add, in their place, the words ``11 West 42nd Street, New
York, NY 10036''.
Secs. 154.1, 154.12, 154.30, 154.32, 154.34, 154.170, 154.172, 154.315,
154.350, 154.356, 154.405, 154.406, 154.409, 154.410, 154.411, 154.418,
154.419, 154.425, 154.426, 154.428, 154.430, 154.431, 154.435, 154.436,
154.438, 154.440, 154.447, 154.448, 154.449, 154.453, 154.459, 154.467,
154.503, 154.516, 154.519, 154.520, 154.522, 154.524, 154.546, 154.610,
154.620, 154.630, 154.650, 154.655, 154.703, 154.709, 154.805, 154.904,
154.908, 154.912, 154.1005, 154.1135, 154.1335, 154.1340, 154.1345,
154.1725, 154.1735, 154.1755, and 154.1860 [Amended]
173. In addition to the amendments set forth above, in 46 CFR part
154, remove the word ``(G-MOS)'' and add, in its place, the word ``(G-
MSO)'' in the following sections:
(a) Section 154.1.(a);
(b) Sections 154.12 (c)(4) and (d)(4);
(c) Sections 154.30 (a), (b), and (c);
(d) Sections 154.32 (a) and (b);
(e) Section 154.34;
(f) Sections 154.170 (b)(1) and (b)(2);
(g) Section 154.172(c);
(h) Section 154.315(b)(2);
(i) Section 154.350(a);
(j) Section 154.356(c);
(k) Section 154.405(c);
(l) Section 154.406(c);
(m) Section 154.409(a);
(n) Sections 154.410 (a) and (b);
(o) Section 154.411 introductory text;
(p) Section 154.418;
(q) Section 154.419;
(r) Section 154.425;
(s) Section 154.426;
(t) Section 154.428;
(u) Section 154.430(b);
(v) Section 154.431(b);
(w) Section 154.435(a);
(x) Section 154.436;
(y) Section 154.438(b).
(z) Sections 154.440 (a)(2) and (b);
(aa) Section 154.447(b);
(bb) Section 154.448 introductory text;
(cc) Section 154.449 introductory text;
(dd) Section 154.453;
(ee) Sections 154.459 (b) and (c);
(ff) Section 154.467 introductory text;
(gg) Section 154.503(e);
(hh) Section 154.516 introductory text;
(ii) Section 154.519(a)(2);
(jj) Section 154.520 introductory text;
(kk) Section 154.522(a);
(ll) Section 154.524(e);
(mm) Section 154.546(a);
(nn) Sections 154.610 (c) and (f);
(oo) Section 154.620(b);
(pp) Sections 154.630 (a), and (c);
(qq) Sections 154.650 (d) and (e);
(rr) Section 154.655(b);
(ss) Sections 154.703 (b)(3) and (d)(2);
(tt) Section 154.709(b);
(uu) Section 154.805(e);
(vv) Section 154.904(a);
(ww) Section 154.908(b);
(xx) Section 154.912;
[[Page 50733]]
(yy) Sections 154.1005 (a) and (b);
(zz) Section 154.1135(a)(3);
(aaa) Sections 154.1335 (b)(1) and (c)(1);
(bbb) Sections 154.1340 (c)(1) and (d);
(ccc) Section 154.1345(b)(2)(i);
(ddd) Sections 154.1725 (a)(2), (a)(4), and (b)(1);
(eee) Section 154.1735(a);
(fff) Section 154.1755; and
(ggg) Section 154.1860.
Appendix A, Part 154 [Amended]
174. In 46 CFR part 154, in Appendix A, in paragraphs I and II,
remove the word ``(G-MTH)'' and add, in its place, the word ``(G-
MSO)''.
PART 159--APPROVAL OF EQUIPMENT AND MATERIALS
175. The authority citation for part 159 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 49 CFR 1.45, 1.46; Section
159.001-9 also issued under the authority of 44 U.S.C. 3507.
Sec. 159.001-2 [Amended]
176. In Sec. 159.001-2, remove the words ``the Director of'' and
add, in their place, the word ``Chief,''.
Sec. 159.001-4 [Amended]
177. In Sec. 159.001-4, in paragraph (a), remove the words ``Branch
(G-MMS-4)'' and add, in their place, the words ``Division (G-MSE-4)''.
Sec. 159.001-5 [Amended]
178. In Sec. 159.001-5, remove the word ``(G-MMS-4)'' and add, in
its place, the word ``(G-MSE-4)''.
PART 160--LIFESAVING EQUIPMENT
179. The authority citation for part 160 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703, and 4302; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
180. In Sec. 160.010-2, paragraph (c) is revised to read as
follows:
Sec. 160.010-2 Definitions.
* * * * *
(c) Commandant (G-MSE-4). Commandant (G-MSE-4) is the Chief of the
Lifesaving and Fire Safety Standards Division, Marine Safety and
Environmental Protection.
* * * * *
Sec. 160.010-4 [Amended]
181. In Sec. 160.010-4, in paragraph (b), (c)(1), (c)(2), and
(c)(3), remove the word ``(G-MMS)'' and add, in its place, the word
``(G-MSE)'.
Sec. 160.010-7 [Amended]
182. In Sec. 160.010-7, in paragraph (a), remove the word ``(G-MMS)
and add, in its place, the word ``(G-MSE)''.
Sec. 160.051-0 [Amended]
183. In 160.051-0, in paragraph (a), remove the words ``Marine
Technical and Hazardous Material Division'' and add, in their place,
the words ``Office of Design and Engineering Standards''.
Sec. 160.073-5 [Amended]
184. In Sec. 160.073-5, in paragraph (b), add the words ``COMDTINST
M16714.3 (Series),'' immediately before the words ``Equipment Lists''.
Sec. 160.076-5 [Amended]
185. In Sec. 160.076-5, in the definition of Commandant, remove the
words ``Lifesaving and Fire Safety Standards Branch, U.S. Coast Guard
Marine Safety and Environmental Protection Directorate'' and add, in
their place, the words ``Lifesaving and Fire Safety Division, Marine
Safety and Environmental Protection''; and remove the word ``(G-MMS-
4)'' and add, in its place, the word ``(G-MSE-4)''.
Sec. 160.077-2 [Amended]
186. In Sec. 16.077-2, in paragraph (a), remove the words
``Lifesaving and Fire Safety Standards Branch, U.S. Coast Guard Office
of Marine Safety, Security and Environmental Protection'' and add, in
their place, the words ``Lifesaving and Fire Safety Division, Marine
Safety and Environmental Protection''; and remove the word ``(G-MMS-
4)'' and add, in its place, the word ``(G-MSE-4)''.
Sec. 160.176-3 [Amended]
187. In Sec. 160.176-3, in paragraph (a), remove the words
``Lifesaving and Fire Safety Standards Branch, U.S. Coast Guard Office
of Marine Safety, Security and Environmental Protection'' and add, in
their place, the words `'Lifesaving and Fire Safety Division, Marine
Safety and Environmental Protection''; and remove the word ``(G-MMS-
4)'' and add, in its place, the word ``(G-MSE-4)''.
Secs. 160.001-1, 160.002-1, 160.021-9, 160.022-1, 160.022-9, 160.023-9,
160.024-9, 160.028-9, 160.031-9, 160.033-1, 160.034-1, 160.035-8,
160.036-9, 160.037-1, 160.037-9, 160.040-9, 160.047-1, 160.052-1,
160.054-1, 160.055-1, 160.057-1, 160.057-9, 160.060-1, 160.066-18,
160.072-09, and 160.073-5 [Amended]
188. In 46 CFR part 160, remove the word ``(G-MMS)'' and add, in
its place, the word ``(G-MSE)'' in the following sections:
(a) Section 160.001-1(d);
(b) Section 160.002-1(c);
(c) Section 160.021-9(b);
(d) Section 160.022-1(c);
(e) Section 160.022-9(b);
(f) Section 160.023-9(b);
(g) Section 160.024-9(b);
(h) Section 160.028-9(b);
(i) Section 160.031-9(b);
(j) Section 160.033-1(b);
(k) Section 160.034-1(b);
(1) Section 160.035-8(b)(1);
(m) Section 160.036-9(b);
(n) Section 160.037-1(c);
(o) Section 160.037-9(b);
(p) Section 160.040-9(b);
(q) Section 160.047-1(c)(1);
(r) Section 160.052-1(c)(1);
(s) Section 160.054-1(b);
(t) Section 160.055-1(c);
(u) Section 160.057-1(c);
(v) Section 160.057-9(b);
(w) Section 160.060-1(c)(1);
(x) Section 160.066-18(b);
(y) Section 160.072-09(a); and
(z) Section 160.073-5(b).
Sec. Sec. 160.010-1, 160.076-11, 160.077-5, 160.171-3, 160.174-3, and
Sec. 160.176-4 [Amended]
189. In addition to the amendments set forth above, in 46 CFR part
160, remove the words ``Lifesaving and Fire Safety Standards Branch (G-
MMS-4)'' and add, in their place, the words ``Lifesaving and Fire
Safety Division (G-MSE-4)'' in the following sections:
(a) Section 160.010-1(a);
(b) Section 160.076-11(a);
(c) Section 160.077-5(a);
(d) Section 160.171-3(a);
(e) Section 160.174-3(a); and
(f) Section 160.176-4(a).
PART 161--ELECTRICAL EQUIPMENT
190. The authority citation for part 161 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801 3
CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 161.010-1 [Amended]
191. In Sec. 161.010-1, in paragraph (a) remove the words ``the
Design and Engineering Standards Division (G-MMS)'' and add, in their
place, the words ``Office of Design and Engineering Standards (G-
MSE)''.
Sec. 161.013-17 [Amended]
192. In Sec. 161.013-17, in paragraph (a), remove the paragraph
designator and remove the word ``(G-MMS)'' and add, in its place, the
word ``(G-MSE)''.
Secs. 161.002-1, 161.004-1, 161.004-7, 161.010-4, 161.011-10, 161.012-
5, and 161.013-11 [Amended]
193. In addition to the amendments set forth above, in 46 CFR part
161, remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)'' in the following places:
(a) Section 161.002-1(c);
(b) Section 161.004-1(d); and
[[Page 50734]]
(c) Section 161.004-7(a).
(d) Sections 161.010-4 (a) and (b);
(e) Section 161.011-10(c);
(f) Section 161.012-5(a); and
(g) Section 161.013-11(c)(1).
PART 162--ENGINEERING EQUIPMENT
194. The authority citation for part 162 continues to read as
follows:
Authority: 33 U.S.C. 1321(j) 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.46.
Sec. 162.018-8 [Amended]
195. In Sec. 162.018-8, in paragraph (a), remove the word ``(G-
MTH)'' and add, in its place, the word ``(G-MSE)''.
Sec. 162.027-1 [Amended]
196. In Sec. 162.027-1, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
Secs. 162.017-3, 162.017-6, 162.027-2, 162.027-6, 162.050-7, and
162.050-15 [Amended]
197. In addition to the amendments set forth above, in 46 CFR part
162, remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)'' in the following sections:
(a) Section 162.017-3(b);
(b) Sections 162.017-6 (a) and (c);
(c) Section 162.027-2(b);
(d) Section 162.027-6(a);
(e) Sections 162.050-7 (a), (f), and (g); and
(f) Sections 162.050-15 (a), (e), and (h).
PART 164--MATERIALS
198. The authority citation for part 164 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703 4302; E.O. 12234, 45 FR 58801, 3
CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 164.019-3 [Amended]
199. In Sec. 164.019-3, in the definition of Commandant and in the
definition of Use Code, remove the word ``(G-MMS)'' and add, in its
place, the word ``(G-MSE)''; and in the definition of Commandant,
remove the words ``Survival Systems Branch, Office of Marine Safety,
Security, and Environmental Protection'' and add, in their place, the
words ``Lifesaving and Fire Safety Division, Marine Safety and
Environmental Protection''.
Sec. 164.023-3 [Amended]
200. In Sec. 164.023-3, in paragraph (a), remove the paragraph
designators; and remove the words ``Lifesaving and Fire Safety
Standards Branch (G-MMS-4)'' and add, in their place, the words
``Lifesaving and Fire Safety Division (G-MSE-4)''.
Secs. 164.007-1, 164.008-1, 164.009-9, 164.009-11, 164,012-1, and
164.018-7 [Amended]
201. In addition to the amendments set forth above, in 46 CFR Part
164, remove the word ``(G-MMS)'' and add, in its place, the word ``(G-
MSE)'' in the following sections:
(a) Section 164.007-1(c)(1);
(b) Section 164.008-1(c)(1);
(c) Sections 164.009-9 (a) and (d);
(d) Section 164.009-11(a);
(e) Section 164.012-1(b); and
(f) Section 164.018-7(a).
PART 167--PUBLIC NAUTICAL SCHOOL SHIPS
202. The authority citation for part 167 continues to read as
follows:
Authority: 46 U.S.C. 3306, 6101, 8105, E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 167.15-30 [Amended]
203. In Sec. 167.15-30, in paragraph (e), remove the word ``(G-
MCO)'' and add, in its place, the word ``(G-MOC)''.
PART 169--SAILING SCHOOL VESSELS
204. The authority citation for part 169 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; E.O. 11735,
38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.45, 1.46;
Sec. 169.117 also issued under the authority of 44 U.S.C. 3507.
Sec. 169.115 [Amended]
205. In Sec. 169.115, in paragraph (b), remove the words ``Merchant
Vessel Inspection Division'' and add, in their place, the words
``Office of Design and Engineering Standards''.
Sec. 169.229 [Amended]
206. In Sec. 169.229, in paragraph (e), remove the words ``(G-
MCO)'' and add, in its place, the word ``(G-MOC)''.
PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS
207. The authority citation for part 170 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703, 5115;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 170.010 [Amended]
208. In Sec. 170.010, remove the word ``(G-MSC)''.
Sec. 170.015 [Amended]
209. In Sec. 170.015, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''
Sec. 170.100 [Amended]
210. In Sec. 170.100, in paragraph (b), remove the word ``(G-
MSC)''.
Sec. 170.265 [Amended]
211. In Sec. 170.265, in paragraph (c), remove the word ``dmor''
and add, in its place, the word ``door''.
PART 174--SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES
212. The authority citation for part 174 continues to read as
follows:
Authority: 42 U.S.C. 9118, 9119, 9153, 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 377; 49
CFR 1.46.
Sec. 174.007 [Amended]
213. In Sec. 174.007, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 175--GENERAL PROVISIONS
214. The authority citation for part 175 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 5115, 8105; 49 U.S.C. App.
1804; 49 CFR 1.45, 1.46; Sec. 175.01-3 also issued under the
authority of 44 U.S.C. 3507.
Sec. 175.600 [Amended]
215. In Sec. 175.600, in paragraph (a), remove the words
``Standards Evaluation and Development Division (G-MES)'' and add, in
their place, the words ``Office of Operating and Environmental
Standards (G-MSO)''; in paragraph (b), under the entry for American
Boat and Yacht Council (ABYC), remove the word ``Solomon's'' and add,
in its place, the word ``Solomons''; under the entry for American
Bureau of Shipping (ABS), remove the words ``16855 Northchase Drive,
Houston, TX 77060'' and add, in their place, the words ``Two World
Trade Center, 106th Floor, New York, NY 10048''; and under the entry
for American National Standards Institute (ANSI), remove the words
``United Engineering Center, 345 East 47th St., New York, NY 10017''
and add, in their place, the words ``11 West 42nd Street, New York, NY
10036''.
[[Page 50735]]
PART 182--MACHINERY INSTALLATION
216. The authority citation for part 182 continues to read as
follows:
Authority: 46 U.S.C. 3306; 49 CFR 1.46.
Sec. 182.15-40 [Amended]
217. In Sec. 182.15-40, in paragraph (a)(3), remove the word ``(G-
MMS)'' and add, in its place, the word ``(G-MSE)''.
Sec. 182.20-40 [Amended]
218. In Sec. 182.20-40, in paragraph (a)(2)(ii), remove the word
``(G-MMS)'' and add, in its place, the word ``(G-MSE)''.
PART 184--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
219. The authority citation for part 184 continues to read as
follows:
Authority: 46 U.S.C. 3306; 49 CFR 1.46.
Sec. 184.01-3 [Amended]
220. In Sec. 184.01-3, in paragraph (a), remove the words
``Merchant Vessel Inspection and Documentation Division, (G-MVI)'' and
add, in their place, the words ``Office of Design and Engineering
Standards''.
PART 188--GENERAL PROVISIONS
221. The authority citation for part 188 continues to read as
follows:
Authority: 46 U.S.C. 2113, 3306; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 188.35-5 [Amended]
222. In Sec. 188.35-5, in paragraph (b), remove the word ``(G-
MCO)'' and add, in its place, the word ``(G-MOC)''.
PART 189--INSPECTION AND CERTIFICATION
223. The authority citation for part 189 continues to read as
follows:
Authority: 33 U.S.C. 1321(J); 46 U.S.C. 2113, 3306; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Sec. 189.40-3 [Amended]
224. In Sec. 189.40-3, in paragraphs (e)(1), (e)(3), and (g) remove
the word ``(G-MCO)'' and add, in its place, the word ``(G-MOC)''.
Sec. 189.55-15 [Amended]
225. In Sec. 189.55-15, in paragraph (a)(2), remove the number
``20593'' and add, in its place, the number ``20590''; and in paragraph
(a)(3), remove the word ``(G-MSC)''.
Sec. 189.60-45 [Amended]
226. In Sec. 189.60-45, in paragraph (a), remove the words ``45
Eisenhower Drive, Paramus, NJ 07653-0910'' and add, in their place, the
words ``Two World Trade Center, 106th Floor, New York, NY 10048''.
PART 190--CONSTRUCTION AND ARRANGEMENT
227. The authority citation for part 190 continues to read as
follows:
Authority: 46 U.S.C. 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277 49 CFR 1.46.
Sec. 190.01-3 [Amended]
228. In Sec. 190.01-03, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``office of Design and Engineering Standards (G-MSE)''.
PART 193--FIRE PROTECTION EQUIPMENT
229. The authority citation for part 193 continues to read as
follows:
Authority: 46 U.S.C. 2213, 3102, 3306; E.O. 12234, 45 FR 58801,
3 CFR, 1980 COMP., P. 277; 49 CFR 1.46.
Sec. 193.01-3 [Amended]
230. In Sec. 193.01-3, in paragraph (a), remove the words ``Design
and Engineering Standards Division (G-MMS)'' and add, in their place,
the words ``Office of Design and Engineering Standards (G-MSE)''.
PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
231. The authority citation for part 195 continues to read as
follows:
Authority: 46 U.S.C. 2113. 3306; 49 U.S.C. App. 1804; E.0.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
Sec. 195.01-3 [Amended]
232. In Sec. 195.01-3, in paragraph (a), remove the words ``Marine
Technical and Hazardous Materials Division'' and add, in their place,
the words ``Office of Design and Engineering Standards''.
PART 197--GENERAL PROVISIONS
233. The authority citation for part 197 continues to read as
follows:
Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703,
6101; 49 CFR 1.46.
Sec. 197.205 [Amended]
234. In Sec. 197.205, in paragraph (b)(1), remove the words ``1430
Broadway, New York, NY 10018'' and add, in their place, the words ``11
West 42nd Street, New York, NY 10036''.
Sec. 197.510 [Amended]
235. In Sec. 197.510, in paragraph (a), remove the words
``Operating and Environmental Standards Division (G-MOS)'' and add, in
their place, the words ``Office of Operating and Environmental
Standards (G-MOS)''; and in paragraph (b), under the entry for American
National Standards Institute (ANSI), remove the words ``1430 Broadway,
New York, NY 10018'' and add, in their place, the words ``11 West 42nd
Street, New York, NY 10036''.
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
236. The authority citation for part 199 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 46 CFR 1.46.
Sec. 199.05 [Amended]
237. In Sec. 199.05, in paragraph (a), remove the word ``Branch''
and add, in its place, the word ``Division''.
Sec. 199.20 [Amended]
238. In Sec. 199.20, in paragraph (a)(1), (a)(2), (b), and (c),
remove the word ``(G-MCO)'' and add, in its place, the word ``(G-
MOC)''.
PART 401--GREAT LAKES PILOTAGE REGULATIONS
239. The authority citation for part 401 continues to read as
follows:
Authority: 46 U.S.C. 6101, 7701, 8105, 9303, 9304; 49 CFR 1.45,
1.46. 46 CFR 401.105 also issued under the authority of 44 U.S.C.
3507.
240. In Sec. 401.110, in paragraph (a)(9) is revised to read as
follows:
Sec. 401.110 Definitions
* * * * *
(a) * * *
(9) Director means Director, Great Lakes Pilotage. Communications
with the Director may be sent to the following address: Director, Great
Lakes Pilotage, Department of Transportation, Saint Lawrence Seaway
Development Corporation, 400 7th Street SW., Washington, DC 20590-0001.
* * * * *
Dated: September 20, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental
Protection.
[FR Doc. 96-24834 Filed 9-26-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-24831 Federal Employees Health Benefits Program: Limitation on Physician Charges and FEHB Program Payments
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Page 50689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24831]
========================================================================
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. 189 / Friday, September 27, 1996 /
Rules and Regulations
[[Page 50689]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 890
RIN 3206-AG31
Federal Employees Health Benefits Program: Limitation on
Physician Charges and FEHB Program Payments
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is making final its
interim regulation that amends current Federal Employees Health
Benefits (FEHB) Program regulations. The final regulation requires that
the charges and FEHB fee-for-service plans' benefit payments for
certain physician services furnished to retired enrolled individuals do
not exceed the limits on charges and payments established under the
Medicare fee schedule for physician services.
EFFECTIVE DATE: This final regulation is effective October 28, 1996.
FOR FURTHER INFORMATION CONTACT: Robert G. Iadicicco (202) 606-0004.
SUPPLEMENTARY INFORMATION: On May 18, 1995, OPM issued interim
regulations in the Federal Register [60 FR 26667] that amended part 890
to implement section 11003 of the Omnibus Budget Reconciliation Act
(OBRA) of 1993, Public Law 103-66, which was enacted on August 10,
1993. Section 11003 of OBRA of 1993 amended the FEHB law at 5 U.S.C.
8904(b) to limit the charges and FEHB fee-for-service plans' benefit
payments for certain physician services (as defined in section 1848(j)
of the Social Security Act) received by retired enrolled individuals.
We received three written comments from two FEHB fee-for-service
plans and one retiree organization. One FEHB plan wrote that the
interim regulation, though generally comprehensive, did not address
coverage situations in which the FEHB plan is secondary to another
group health plan. Since the limits on physician charges apply only to
FEHB plans, if retired enrolled individuals have primary coverage under
another group health plan, the primary plan cannot limit physician
charges to the applicable Medicare limits.
The plan stated that it has determined the plan's secondary benefit
payment under its coordination of benefits provision will not exceed
the Medicare limits on virtually all claims arising under this coverage
situation. Consequently, the plan believed that it will achieve time
and administrative expense savings, and avoid customer service
disputes, if the Medicare limits are not applied to these claims.
OBRA of 1993 was a deficit reduction measure, and the overriding
goal of its FEHB provision was to reduce the Program's costs. When FEHB
plans are secondary payers, it costs them more to apply the Medicare
limits than they save by applying the limits. We do not believe this is
the result intended by the law. Therefore, FEHB plans are not required
to apply the Medicare limits when paying the claims of retired enrolled
individuals who have primary coverage under another group health plan.
The plans must pay these claims under their coordination of benefits
provision.
Another FEHB plan noted that section 890.808 of the interim
regulation states that plans, under the oversight of OPM, will notify
the Department of Health and Human Services (HHS) of health care
providers who knowingly, willfully, and repeatedly violate the Medicare
limits. The plan requested that OPM provide the mailing address of a
contact at HHS to forward member complaints about providers who violate
the Medicare limits.
We agree that it is important to have a contact at HHS to whom FEHB
plans can report providers who are violating the Medicare limits. We
are working with HHS to select an appropriate contact. Once an HHS
contact is selected, we will notify the FEHB plans.
The retiree organization noted that the FEHB plans are crucial to
the success of the enforcement of the Medicare limits. The commenter
expressed concern that the plans do not have an adequate incentive to
vigorously pursue providers who overcharge retirees. In fact, the plans
have a powerful incentive to enforce the charge limits. If a plan fails
to protect its members from overcharges, the members will soon consider
choosing another plan that will protect them.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
primarily affect the health care coverage of Federal annuitants, their
spouses, and former spouses.
E.O. 12866, Regulatory Review
This rule has been reviewed by OMB in accordance with E.O. 12866.
List of Subjects in 5 CFR Part 890
Administrative practice and procedure, Government employees, Health
facilities, Health insurance, Health professions, Hostages, Iraq,
Kuwait, Lebanon, Reporting and recordkeeping requirements, Retirement.
U.S. Office of Personnel Management
James B. King,
Director.
Accordingly, under the authority of 5 U.S.C. 8913, OPM is adopting
its interim regulation under 5 CFR part 890 as published on May 18,
1995, [60 FR 26667], as a final rule without change.
[FR Doc. 96-24831 Filed 9-26-96; 8:45 am]
BILLING CODE 6325-01-U
Complete official Federal Register PDF
FR Doc. 96-24818 Competitive Service Safeguards for Local Exchange Carrier Provision
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50736-50737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24818]
[[Page 50736]]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 22
[FCC 96-339]
Competitive Service Safeguards for Local Exchange Carrier
Provision
AGENCY: Federal Communications Commission.
ACTION: Final rule; waiver.
-----------------------------------------------------------------------
SUMMARY: In this Memorandum Opinion and Order, the Commission grants
the Petition for Limited Waiver of Ameritech Communications
Incorporated (``ACI''). In the petition, ACI sought a limited waiver of
certain provisions of Section 22.903 of the Commission's rules, which
set forth limitations on Bell Operating Companies that provide cellular
service. As a result of the Commission's grant of the waiver, ACI is
allowed to provide cellular service with access to ACI's landline
facilities both inside and outside of Ameritech's region, on the
conditions described further below.
EFFECTIVE DATE: August 22, 1996.
FOR FURTHER INFORMATION CONTACT: Jane Halprin, Commercial Wireless
Division, Wireless Telecommunications Bureau, at (202) 418-0620.
SUPPLEMENTARY INFORMATION: This Memorandum Opinion and Order, in Docket
No. 95-14, adopted on August 9, 1996, and released on August 22, 1996,
is available for inspection and copying during normal business hours in
the FCC Reference Center, Room 230, 1919 M Street, N.W., Washington,
D.C. The complete text may also be purchased from the Commission's copy
contractor, International Transcription Service, Inc., 2100 M Street,
N.W., Suite 140, Washington, D.C. 20037, (202) 857-3800.
Synopsis of the Memorandum Opinion and Order
I. Background
1. On October 11, 1995, Ameritech Communications, Incorporated
(``ACI'') filed a Petition for Limited Waiver (``Petition'') with the
Commission. The Petition sought a waiver of certain provisions of
Section 22.903 of the Commission's rules, 47 CFR Sec. 22.903, which set
forth various limitations on Bell Operating Companies (``BOCs'') that
provide cellular service. Specifically, ACI, as an affiliate of
Ameritech Corporation (a BOC), sought a waiver of Section 22.903(a), 47
CFR Sec. 22.903(a), which prohibits BOC affiliates that provide
cellular service from owning any facilities for providing landline
telephone service. ACI also sought a waiver of Section 22.903(e), 47
CFR Sec. 22.903(e), which prohibits BOCs from promoting or selling
cellular service for their affiliates; ACI sought such a waiver to the
extent that the provision would prohibit it from promoting or selling
cellular service for Ameritech's cellular subsidiary, Ameritech
Cellular Services (``ACS''). According to its Petition, ACI contended
that it sought these limited waivers so that it could resell cellular
services, or sell cellular services as a sales agent for ACS, to ACI
customers, and thereby offer those customers one-stop shopping
opportunities.
2. On October 19, 1995, the Wireless Telecommunications Bureau
sought comment on ACI's Petition to determine whether the request was
consistent with the waiver criteria set forth in the Commission's
rules, and whether the request was consistent with the Commission's
public interest goals. See Public Notice, DA 95-2198, ``Wireless
Telecommunications Bureau Seeks Comment on Ameritech's Petition for
Partial Waiver of Section 22.903 of the Commission's Rules'' (released
October 19, 1995). The Bureau received several comments. In this
Memorandum Opinion and Order, the Commission grants ACI a waiver of
Section 22.903(a), and declaratory relief from Section 22.903(e).
II. Discussion
3. In its Petition, ACI, as a separate affiliate of Ameritech,
sought authority to provide wireless and wireline service, as a
facilities-based carrier. ACI sought a waiver of Section 22.903(a),
which prohibits BOC affiliates from owning facilities for providing
landline telephone service, because it needs to purchase switching
equipment for landline traffic. ACI also sought a waiver of Section
22.903(e), which prohibits BOC affiliates from promoting or selling
cellular service for another BOC affiliate, because ACI wishes to be a
sales agent for ACS. In support of its Petition, ACI explained that it
is a start-up carrier, and is structurally separate from Ameritech
Operating Companies in all material respects, thereby diminishing
opportunities for BOC cross-subsidization and interconnection
discrimination. Thus, ACI explained, a waiver would further the public
interest by promoting competition.
4. Several commenters opposed the waiver, claiming that a waiver
would be anticompetitive. However, based on the record in this
proceeding, and uncontroverted information received in another
proceeding, ``Ameritech Communication's Inc. Petition for Nondominant
Status'' (filed July 21, 1995), the Commission disagreed, and granted
the waiver.
5. The Commission concluded that ACI's relationship with Ameritech
and its other affiliates complies with the basic requirement of Section
22.903, which requires that BOCs provide cellular service through
structurally separate subsidiaries.
6. In granting the requested waiver, the Commission noted two
important events that transpired since ACI filed its Petition. First,
the Telecommunications Act of 1996 was enacted. Public Law No. 104-104,
110 Stat. 56 (1996), amending the Communications Act of 1934, as
amended, 47 U.S.C. Secs. 151 et seq. Section 601(d) of the Act permits
ACI to engage in joint marketing and resale of cellular services with
landline services on the terms set forth in its Petition. However, the
Commission stated that it would continue to apply the other
requirements of Section 22.903 to ACI (except for 22.903(a), for which
a waiver was granted, as explained below). Thus, the Commission noted
that ``joint sales'' or resale by ACI of Ameritech's cellular services
together with landline services must involve services acquired on an
arm's length basis from ACI's affiliates, consistent with the affiliate
transaction accounting rules and with the basic structural separation
requirement of Section 22.903. The Commission observed that, because
ACI is already established as a structurally separate affiliate, this
requirement conforms not only with Section 601(d) but also with ACI's
business plan. The Commission thus granted declaratory relief from
Section 22.903(e), subject to certain conditions, discussed above.
7. The second development since ACI filed its petition is that the
Commission has commenced a comprehensive review of competitive
safeguards as they apply to local exchange carriers that provide
commercial radio services (``CMRS''), including BOCs that provide
cellular service. In the CMRS Safeguards Notice of Proposed Rulemaking,
61 FR 46420 (September 3, 1996), the Commission proposed to amend
Section 22.903(a) to permit a BOC cellular affiliate to own landline
facilities for the provision of competitive landline local exchange
service. The Commission has already waived Section 22.903(a) for all
BOC affiliates' out-of-region operations (i.e., regions where the BOC
is not the local exchange carrier), including ACI. The Commission
concluded that ACI's separation from Ameritech's other affiliates
provided a substantial basis for extending a waiver for ACI's in-region
[[Page 50737]]
operations as well. ACI's separation from both incumbent cellular
operations and from incumbent local exchange operations lessens the
Commission's concerns about improper cross-subsidization and
discriminatory interconnection practices. Therefore, the Commission
decided to permit ACI to provide cellular service with access to the
landline facilities, both inside and outside Ameritech's region, as
long as ACI remains structurally separate from Ameritech's telephone
local exchange operating companies and its cellular affiliate.
III. Ordering Clauses
It is ordered that, pursuant to Sections 4 and 303 of the
Communications Act of 1934, as amended, 47 U.S.C. Secs. 154 and 303,
and Sections 1.3 and 22.119 of the Commission's rules, 47 CFR Secs. 1.3
and 22.119, a waiver of Section 22.903(a), 47 CFR Sec. 22.903(a), is
GRANTED to Ameritech Communications, Incorporated.
It is further ordered that, pursuant to Sections 4 and 303 of the
Communications Act of 1934, as amended, 47 U.S.C. Secs. 154 and 303,
and Section 1.2 of the Commission's rules, 47 CFR Sec. 1.2, Ameritech
Communications, Incorporated, IS DECLARED not subject to Section
22.903(e), subject to the conditions discussed herein.
List of Subjects in 47 CFR Part 22
Radio.
Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Branch.
[FR Doc. 96-24818 Filed 9-26-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-24817 Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 1996-97 Late Season
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50940-50946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24817]
[[Page 50939]]
_______________________________________________________________________
Part V
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting Regulations on Certain Federal Indian
Reservations and Ceded Lands for the 1996-97 Late Season; Final Rule
Federal Register / Vol. 61, No. 189 / Friday, September 27, 1996 /
Rules and Regulations
[[Page 50940]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD69
Migratory Bird Hunting: Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations and Ceded Lands for the 1996-97
Late Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule prescribes special late season migratory bird
hunting regulations for certain tribes on Federal Indian reservations,
off-reservation trust lands and ceded lands. This responds to tribal
requests for Service recognition of their authority to regulate hunting
under established guidelines. This rule allows the establishment of
seasons and bag limits and, thus, harvest at levels compatible with
populations and habitat conditions.
EFFECTIVE DATE: This rule takes effect on September 28, 1996.
ADDRESSES: The public may inspect comments received during normal
business hours in Room 634, Arlington Square Building, 4401 N. Fairfax
Drive, Arlington, Virginia. The public should send communications
regarding the documents to: Director (FWS/MBMO), U.S. Fish and Wildlife
Service, Room 634--ARLSQ, 1849 C Street, NW., Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Ron W. Kokel, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service (703) 358-1714.
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of July 3,
1918 (40 Stat. 755; 16 U.S.C. 703 et seq.), authorizes and directs the
Secretary of the Interior, having due regard for the zones of
temperature and for the distribution, abundance, economic value,
breeding habits, and times and lines of flight of migratory game birds,
to determine when, to what extent, and by what means such birds or any
part, nest or egg thereof may be taken, hunted, captured, killed,
possessed, sold, purchased, shipped, carried, exported or transported.
In the August 16, 1996, Federal Register (61 FR 42730), the U. S.
Fish and Wildlife Service (Service) proposed special migratory bird
hunting regulations for the 1996-97 hunting season for certain Indian
tribes, under the guidelines described in the June 4, 1985, Federal
Register (50 FR 23467). The guidelines respond to tribal requests for
Service recognition of their reserved hunting rights, and for some
tribes, recognition of their authority to regulate hunting by both
tribal members and nonmembers on their reservations. The guidelines
include possibilities for:
(1) on-reservation hunting by both tribal members and nonmembers, with
hunting by nontribal members on some reservations to take place within
Federal frameworks but on dates different from those selected by the
surrounding State(s);
(2) on-reservation hunting by tribal members only, outside of usual
Federal frameworks for season dates and length, and for daily bag and
possession limits; and
(3) off-reservation hunting by tribal members on ceded lands, outside
of usual framework dates and season length, with some added flexibility
in daily bag and possession limits.
In all cases, the regulations established under the guidelines must
be consistent with the March 10 - September 1 closed season mandated by
the 1916 Migratory Bird Treaty with Canada.
In the March 22, 1996, Federal Register (61 FR 11986), the Service
requested that tribes desiring special hunting regulations in the 1996-
97 hunting season submit a proposal including details on:
(1) requested season dates and other regulations to be observed;
(2) harvest anticipated under the requested regulations;
(3) methods that will be employed to measure or monitor harvest;
(4) steps that will be taken to limit level of harvest, where it could
be shown that failure to limit such harvest would impact seriously on
the migratory bird resource; and
(5) tribal capabilities to establish and enforce migratory bird hunting
regulations.
No action is required if a tribe wishes to observe the hunting
regulations established by the State(s) in which an Indian reservation
is located. The Service has successfully used the guidelines since the
1985-86 hunting season. The Service finalized the guidelines beginning
with the 1988-89 hunting season in the August 18, 1988, Federal
Register (53 FR 31612).
Although the proposed rule included generalized regulations for
both early- and late-season hunting, this rulemaking addresses only the
late-season proposals. Early-season hunting was addressed in the
rulemaking published in the Federal Register on August 30, 1996 (61 FR
46352). As a general rule, early seasons begin during September each
year and have a primary emphasis on such species as mourning and white-
winged dove. Late seasons begin about October 1 or later each year and
have a primary emphasis on waterfowl.
This year, the Service's annual breeding duck survey estimated
total ducks in the traditional survey area was 37.5 million, an
increase of 5 percent from that in 1995 and 16 percent higher than the
long-term average. The total duck fall flight forecast is approximately
89.5 million birds, compared to 77 million last year. This estimate is
the highest recorded since calculations were initiated in 1970 and 16
percent higher than last year. As a result, the Service has responded
by proposing Flyway frameworks similar to those of last season for the
1996-97 waterfowl hunting season (August 15, 1996, Federal Register, 61
FR 42506). The tribal seasons established below generally reflect the
Flyway frameworks.
Tribal Proposals
For the 1996-97 migratory bird hunting season, the Service proposed
regulations for 22 tribes and/or Indian groups that followed the 1985
guidelines and were considered appropriate for final rulemaking. Some
of the proposals submitted by the tribes have both early- and late-
season elements. However, as noted earlier, only those with late-season
proposals are included in this final rulemaking; 16 tribes made
proposals with late seasons. Ten tribes were represented in the early-
season regulations. Comments and revised proposals received to date are
addressed in the following section. The comment period for the proposed
rule, published on August 16, 1996, closed on August 26, 1996.
Public Comments On Tribal Proposals
The Service received a letter from the Wisconsin Department of
Natural Resources (WIDNR), dated August 26, 1996, concerning the
proposed seasons for the Oneida Tribe of Indians of Wisconsin. The
WIDNR generally supported the season proposals by the Oneidas. The
WIDNR did not, however, support a September 1 duck season opening date
and felt that tribal seasons and bag limits should be generally
consistent with State seasons. Additionally, WIDNR believed that tribal
members should not be exempt from the requirement to purchase a
Migratory Waterfowl Hunting and Conservation Stamp (Duck Stamp) and the
3-shotgun shell limit.
[[Page 50941]]
As we have previously responded regarding other tribal proposals,
we believe it is necessary to place the Oneida's proposal in the proper
context. Generally, Flyway frameworks are liberally interpreted when
application is made to tribal regulations. This results from the
special status of Native Americans and specific treaty rights. We
continue to believe that current populations of birds can support the
tribe's limited harvest. Further, we note that the Oneida's September
15 opening date for ducks meets the Service's established general
framework for approval of tribal duck seasons. This date should provide
ample time for even late broods and molting ducks to be flighted.
Regarding WIDNR's beliefs that tribes should not be exempt from the
purchase of a Duck Stamp or the 3-shotgun shell limit requirement,
WIDNR must recognize that the tribal regulation-development process is
a ``good faith'' effort on the part of the Service and the tribes to
reach mutually agreeable regulations, always with the interest of the
resource paramount. For the same reasons as stated above, the Service
has accepted the Oneida's proposal.
The Service addressed earlier-received comments regarding tribally
proposed regulations in the August 30, 1996, early-season final rule.
In summary, this rule amends section 20.110 of 50 CFR to make
current for the late 1996-97 migratory bird hunting season the
regulations that will apply on Federal Indian reservations, off-
reservation trust lands and ceded lands.
NEPA Consideration
NEPA considerations are covered by the programmatic document,
``Final Supplemental Environmental Impact Statement: Issuance of Annual
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with EPA on June 9, 1988. The Service published a Notice
of Availability in the June 16, 1988, Federal Register (53 FR 22582).
The Service published its Record of Decision on August 18, 1988 (53 FR
31341). In addition, an August 1985 environmental assessment titled
``Guidelines for Migratory Bird Hunting Regulations on Federal Indian
Reservations and Ceded Lands'' is available from the Service. Copies of
these documents are available from the Service at the address indicated
under the caption ADDRESSES.
Endangered Species Act Considerations
As in the past, the Service designs hunting regulations to remove
or alleviate chances of conflict between migratory game bird hunting
seasons and the protection and conservation of endangered and
threatened species. Consultations were conducted to ensure that actions
resulting from these regulatory proposals will not likely jeopardize
the continued existence of endangered or threatened species or result
in the destruction or adverse modification of their critical habitat.
Findings from these consultations are included in a biological opinion
and may have caused modification of some regulatory measures previously
proposed. The final frameworks reflect any modifications. The Service's
biological opinions resulting from its Section 7 consultation are
public documents available for public inspection in the Service's
Division of Endangered Species and MBMO, at the address indicated under
the caption ADDRESSES.
Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the
Paperwork Reduction Act
In the March 22, 1996, Federal Register, the Service reported
measures it took to comply with requirements of the Regulatory
Flexibility Act and E.O. 12866. One measure was to prepare a Small
Entity Flexibility Analysis (Analysis) documenting the significant
beneficial economic effect on a substantial number of small entities.
The Analysis estimated that migratory bird hunters would spend between
$258 and $586 million at small businesses in 1996. Copies of the
Analysis are available upon request from the Office of Migratory Bird
Management. This rule was not subject to review by the Office of
Management and Budget under E.O. 12866.
The Department examined these regulations under the Paperwork
Reduction Act of 1995 and found no information collection requirements.
Regulations Promulgation
The rulemaking process for migratory game bird hunting must, by its
nature, operate under severe time constraints. However, the Service
intends that the public be given the greatest possible opportunity to
comment on the regulations. Thus, when the preliminary proposed
rulemaking was published, the Service established what it believed were
the longest periods possible for public comment. In doing this, the
Service recognized that when the comment period closed, time would be
of the essence. That is, if there were a delay in the effective date of
these regulations after this final rulemaking, the tribes would have
insufficient time to communicate these seasons to their member and non-
tribal hunters and to establish and publicize the necessary regulations
and procedures to implement their decisions.
Therefore, the Service, under the authority of the Migratory Bird
Treaty Act of July 3, 1918, as amended (40 Stat. 755; 16 U.S.C. 703 et
seq.), prescribes final hunting regulations for certain tribes on
Federal Indian reservations (including off-reservation trust lands),
and ceded lands. The regulations specify the species to be hunted and
establish season dates, bag and possession limits, season length, and
shooting hours for migratory game birds.
The Service therefore finds that ``good cause'' exists, within the
terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and
these frameworks will, therefore, take effect immediately upon
publication.
Unfunded Mandates
The Service has determined and certifies in compliance with the
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that
this rulemaking will not impose a cost of $100 million or more in any
given year on local or State government or private entities.
Civil Justice Reform--Executive Order 12988
The Department, in promulgating this final rule, has determined
that these regulations meet the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive Order 12988.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Dated: September 20, 1996.
George T. Frampton, Jr.
Assistant Secretary for Fish and Wildlife and Parks.
Accordingly, Part 20, subchapter B, chapter I of Title 50 of the
Code of Federal Regulations is amended as follows:
PART 20--[AMENDED]
1. The authority citation for Part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a--j.(Editorial
Note: The following annual hunting regulations provided for by
Sec. 20.110 of 50 CFR Part 20 will not appear in the Code of Federal
Regulations because of their seasonal nature.)
2. Section 20.110 is amended by revising paragraphs (a), (c), (d),
(e), (g), (j), and (k); and by adding paragraphs (l), (m), (n), (o),
(p), (q), (r), (s), and (t) to read as follows:
[[Page 50942]]
Sec. 20.110 Seasons, limits and other regulations for certain Federal
Indian reservations, Indian Territory, and ceded lands.
(a) Colorado River Indian Tribes, Parker, Arizona (Tribal Members
and Nontribal Hunters)
Doves
Season Dates: Open September 1, close September 15, 1996; then open
November 16, close January 15, 1997.
Daily Bag and Possession Limits: For the early season, daily bag
limit is 10 mourning or 10 white-winged doves, singly, or in the
aggregate. For the late season, the daily bag limit is 10 mourning
doves. Possession limits are twice the daily bag limits.
Ducks (including mergansers)
Season Dates: Begin October 13, end November 10, 1996; then open
December 7, 1996, close January 5, 1997.
Daily Bag and Possession Limits: 4 ducks, including no more than 2
pintails, 2 redheads, 1 Mexican duck and 1 canvasback. The possession
limit is twice the daily bag limit.
Coots and Common Moorhens
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots and common moorhens,
singly or in the aggregate. The possession limit is twice the daily bag
limit.
Geese
Season Dates: Begin October 19, 1996, end January 19, 1997.
Daily Bag and Possession Limits: 5 geese, including no more than 2
dark (Canada) geese and 3 white (snow, blue, Ross's) geese. The
possession limit is 5.
General Conditions: All persons 12 years and older must possess a
valid Colorado River Indian Reservation hunting permit before taking
any wildlife on tribal lands. Any person transporting game birds off
the Colorado River Indian Reservation must have a valid transport
declaration form. Other tribal regulations apply, and may be obtained
at the Fish and Game Office in Parker, Arizona.
* * * * *
(c) Grand Traverse Band of Ottawa and Chippewa Indians, Suttons
Bay, Michigan (Tribal Members Only)
Ducks
Michigan, 1836 Treaty Zone:
Season Dates: Open September 15, close November 30, 1996.
Daily Bag Limit: 7 ducks, which may include no more than 1 pintail,
1 canvasback, 1 black duck, 2 wood ducks, 2 redheads, and 2 hen
mallards.
Canada Geese
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close November 30, 1996, and open
January 1, close February 7, 1997.
Daily Bag Limit: 5 geese.
Other Geese (Brant, Blue, Snow, and White-fronted)
Michigan, 1836 Treaty Zone:
Season Dates: Begin October 1, end November 30, 1996.
Daily Bag Limit: 5 geese.
General Conditions: Persons twelve years and older must possess a
valid Grand Traverse Band Tribal license before taking any wildlife.
All other basic regulations contained in 50 CFR part 20 are valid.
Other tribal regulations apply, and may be obtained at the tribal
office in Suttons Bay, Michigan.
(d) Great Lakes Indian Fish and Wildlife Commission, Odanah,
Wisconsin (Tribal Members Only)
Ducks
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 20 ducks, including no more than 10 mallards; only
5 of which may be hen mallards; 4 black ducks; 4 redheads, 4 pintails
and 2 canvasbacks.
Michigan, 1842 Treaty Zone:
Season Dates: Begin September 28, end November 16, 1996.
Daily Bag Limit: 5 ducks, including no more than 4 mallards (only 1
of which may be a female), 1 black duck, 1 pintail, 2 wood ducks, 1
canvasback and 2 redheads.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 28 and end November 16,
1996; Middle Zone, begin October 5 and end November 23, 1996; South
Zone, begin October 12 and end November 30, 1996.
Daily Bag Limit: 5 ducks, including no more than 4 mallards (only 1
of which may be a female), 1 black duck, 1 pintail, 2 wood ducks, 1
canvasback and 2 redheads.
Mergansers
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Michigan, 1842 Treaty Zone:
Season Dates: Same as ducks.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Michigan, 1836 Treaty Zone:
Season Dates: Same as ducks.
Daily Bag Limit: 5 mergansers, including no more than 1 hooded
merganser.
Canada Geese
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close December 1, 1996.
Daily Bag Limit: 10 geese, minus the number of blue, snow or white-
fronted geese taken.
Michigan, 1842 Treaty Zone:
Season Dates: Open September 1, close September 10, 1996.
Daily Bag Limit: 5 geese.
Michigan, 1836 Treaty Zone:
Season Dates: Open September 1, close September 10, 1996, except
for that small portion of the ceded territory which coincides with the
State of Michigan's Southern Zone will open September 1 and close on
September 15.
Daily Bag Limit: 5 geese.
Michigan, 1842 Treaty Zone:
Season Dates: Begin September 28, end October 17, 1996.
Daily Bag Limit: 5 geese.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 28 and end October 17,
1996; Middle Zone, begin October 5 and end October 24, 1996; South
Zone, begin October 14 and end November 30, 1996.
Daily Bag Limit: 1 goose in the South Zone and 2 in the North and
Middle Zones.
Other Geese (Blue, Snow, and White-fronted)
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close December 1, 1996.
Daily Bag Limit: 10 geese, minus the number of Canada geese taken.
Michigan, 1842 Treaty Zone:
Season Dates: Begin September 28, end November 16, 1996.
Daily Bag Limit: 7 geese, minus the number of Canada geese taken
and including no more than 2 white-fronted geese.
Michigan, 1836 Treaty Zone:
Season Dates: North Zone, begin September 28 and end November 16,
1996; Middle Zone, begin October 5 and end November 23, 1996; South
Zone, begin October 19 and end December 13, 1996.
Daily Bag Limit: 7 geese, minus the number of Canada geese taken
and including no more than 2 white-fronted geese.
[[Page 50943]]
Coots and Common Moorhens (Gallinules)
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 20 coots and common moorhens, singly or in the
aggregate.
Michigan, 1842 Treaty Zone:
Season Dates: Same as ducks.
Daily Bag Limit: 20 coots and moorhens, singly or in the aggregate.
Michigan, 1836 Treaty Zone:
Season Dates: Same as ducks.
Daily Bag Limit: 20 coots and moorhens, singly or in the aggregate.
Sora and Virginia Rails
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 25 sora and Virginia rails, singly or in the
aggregate. The possession limit is 25.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag and Possession Limits: 25 sora and Virginia rails, singly
or in aggregate. The possession limit is 25.
Common Snipe
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 15, close November 7, 1996.
Daily Bag Limit: 8 snipe.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag Limit: 8 snipe.
Woodcock
Wisconsin and Minnesota 1837 and 1842 Zones:
Season Dates: Open September 3, close November 30, 1996.
Daily Bag Limit: 5 woodcock.
Michigan, 1842 and 1836 Zones:
Season Dates: Open September 15, close November 14, 1996.
Daily Bag Limit: 5 woodcock.
General Conditions: (1) While hunting waterfowl, a tribal member
must carry on his/her person a valid tribal waterfowl hunting permit.
(2) Except as otherwise noted, tribal members must comply with
tribal codes that are no less restrictive than the provisions of
Chapter 10 of the Model Off-Reservation Code. Except as modified by
Service final rules adopted in response to a proposed rule, these
amended regulations parallel Federal requirements, 50 CFR Part 20, and
shooting hour regulations in 50 CFR Part 20, subpart K, as to hunting
methods, transportation, sale, exportation and other conditions
generally applicable to migratory bird hunting.
(3) Tribal members in each zone must comply with State regulations
providing for closed and restricted waterfowl hunting areas.
(4) Minnesota and Michigan--Duck Blinds and Decoys. Tribal members
hunting in Minnesota must comply with tribal codes that contain
provisions parallel to M. S. 100.29, Subd. 18 (duck blinds and decoys).
Tribal members hunting in Michigan must comply with tribal codes that
contain provisions parallel to Michigan law regarding duck blinds and
decoys.
(5) Possession limits for each species are double the daily bag
limit, except on the opening day of the season, when the possession
limit equals the daily bag limit.
(6) Possession limits are applicable only to transportation and do
not include birds which are cleaned, dressed, and at a member's primary
residence. For purposes of enforcing bag and possession limits, all
migratory birds in the possession or custody of tribal members on ceded
lands are considered to have been taken on those lands unless tagged by
a tribal or State conservation warden as having been taken on-
reservation. In Wisconsin, such tagging will comply with Sec. NR 19.12,
Wis. Adm. Code. All migratory birds which fall on reservation lands
will not count as part of any off-reservation bag or possession limit.
(e) Navajo Indian Reservation, Window Rock, Arizona (Tribal Members
and Nontribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 1, close September 30, 1996.
Daily Bag and Possession Limits: 5 and 10 pigeons, respectively.
Mourning Doves
Season Dates: Open September 1, close September 30, 1996.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Ducks
Season Dates: Begin September 28, end December 29, 1996.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 1 pintail, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Dark Geese
Season Dates: Begin September 28, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 2 and 4 geese, respectively.
Coots and Common Moorhens
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots and moorhens, singly or
in the aggregate.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations in 50 CFR Part 20,
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or over must carry on his/her person a
valid Migratory Bird Hunting and Conservation Stamp (duck stamp) signed
in ink across the stamp face. Special regulations established by the
Navajo Nation also apply on the reservation.
* * * * *
(g) Point No Point Treaty Tribes, Kingston, Washington (Tribal
Members and Non-tribal Hunters)
Mourning Doves
Season Dates: Open September 1, close September 15, 1996.
Daily Bag and Possession Limits: 10 and 20 doves, respectively.
Snipe
Season Dates: Open September 1, close December 16, 1996.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
Ducks (including Mergansers)
Season Dates: Begin September 28, 1996, end December 29, 1996.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The season is
closed on wood ducks and harlequin ducks. The possession limit is twice
the daily bag limit.
Geese
Season Dates: Begin September 28, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 4 geese, including not more than 3
light geese. The season is closed on Aleutian Canada geese and cackling
Canada geese. The possession limit is twice the daily bag limit.
Brant
Season Dates: Begin January 4, end January 19, 1997.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
* * * * *
[[Page 50944]]
(j) Tulalip Tribes of Washington, Tulalip Indian Reservation,
Marysville, Washington (Tribal Members and Non-tribal Hunters)
Tribal Members
Ducks/Coot
Season Dates: Open September 15, 1996, and close February 1, 1997.
Daily Bag and Possession Limits: 6 and 12 ducks, respectively;
except that bag and possession limits are restricted for blue-winged
teal, canvasback, harlequin, pintail and wood duck to those established
for the Pacific Flyway by final Federal frameworks, to be announced.
Geese
Season Dates: Open September 15, 1996, and close February 1, 1997.
Daily Bag and Possession Limits: 6 and 12 geese, respectively;
except that the bag limits for brant and cackling and dusky Canada
geese are those established for the Pacific Flyway in accordance with
final Federal frameworks, to be announced. The tribes also set a
maximum annual bag limit on ducks and geese for those tribal members
who engage in subsistence hunting.
Snipe
Season Dates: Open September 15, 1996, and close February 1, 1997.
Daily Bag and Possession Limits: 6 and 12 snipe, respectively.
Non-tribal Hunters
Ducks
Season Dates: Begin October 19, 1996, end January 19, 1997.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots.
Geese
Season Dates: Begin October 12, 1996, end January 19, 1997.
Daily Bag and Possession Limits: 4 geese, including 4 dark geese
but no more than 3 light geese. The possession limit is twice the daily
bag limit.
Brant
Season Dates: Begin January 4, end January 19, 1997.
Daily Bag and Possession Limits: 2 and 4 brant, respectively.
Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 12 snipe, respectively.
General Conditions: All waterfowl hunters, members and non-members,
must obtain and possess while hunting a valid hunting permit from the
Tulalip tribes. Also, non-tribal members sixteen years of age and
older, hunting pursuant to Tulalip Tribes' Ordinance No. 67, must
possess a validated Federal Migratory Bird Hunting and Conservation
Stamp and a validated State of Washington Migratory Waterfowl Stamp.
All Tulalip tribal members must possess while hunting, or accompanying
another, their valid tribal identification card. All hunters are
required to adhere to a number of other special regulations enforced by
the tribes and available at the tribal office.
(k) White Mountain Apache Tribe, Fort Apache Indian Reservation,
Whiteriver, Arizona (Tribal Members and Nontribal Hunters)
Band-tailed Pigeons
Season Dates: Open September 6, close September 15, 1996.
Daily Bag and Possession Limits: 3 and 6 pigeons, respectively.
Mourning Doves
Season Dates: Open September 6, close September 15, 1996.
Daily Bag and Possession Limits: 8 and 16 doves, respectively.
General Conditions: All non-tribal hunters hunting band-tailed
pigeons and mourning doves on Reservation lands must possess a valid
White Mountain Apache Daily or Yearly Small Game Permit. In addition to
a small game permit, all non-tribal hunters hunting band-tailed pigeons
must possess a White Mountain Special Band tailed Pigeon Permit. Other
special regulations established by the White Mountain Apache Tribe
apply on the reservation. Tribal and nontribal hunters will comply with
all basic Federal migratory bird hunting regulations in 50 CFR Part 20
regarding shooting hours and manner of taking.
Ducks (Including Mergansers)
Season Dates: Begin November 9, 1996, end January 19, 1997.
Daily Bag and Possession Limits: 3 ducks, including no more than 1
female mallard, 1 redhead, 2 canvasbacks and 1 pintail. The possession
limit is twice the daily bag limit.
Coots, Moorhens and Gallinules
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots, moorhens, and
gallinules, singly or in the aggregate. The possession limit is twice
the daily bag limit.
Canada Geese
Season Dates: Same as ducks.
Bag and Possession Limits: 2 and 4 geese, respectively.
General Conditions: (1) The area open to hunting in the above
seasons consists of: the entire length of the Black and Salt Rivers
forming the southern boundary of the reservation; the White River,
extending from the Canyon Day Stockman Station to the Salt River; and
all stock ponds located within Wildlife Management Units 4, 6 and 7.
The remaining reservation waters are closed to waterfowl hunting during
the 1996-97 hunting season.
(2) Tribal and nontribal hunters must comply with all basic Federal
migratory bird hunting regulations in 50 CFR Part 20 regarding shooting
hours and manner of taking.
(3) See other special regulations established by the White Mountain
Apache Tribe that apply on the reservation, available from the
reservation Game and Fish Department.
(l) Confederated Salish and Kootenai Tribes, Flathead Indian
Reservation, Pablo, Montana (Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin September 28, end December 29, 1996.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: The daily bag and possession limit
is 25.
Geese
Dark
Season Dates: Begin September 28, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 4 and 8 geese, respectively.
White
Season Dates: Begin September 28, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 3 and 6 geese, respectively.
General Conditions: Nontribal hunters must comply with all basic
Federal migratory bird hunting regulations contained in 50 CFR Part 20
regarding manner of taking. In addition, shooting hours are sunrise to
sunset and each waterfowl hunter 16 years of age or older must carry on
his/her person a valid Migratory Bird Hunting and Conservation Stamp
(Duck Stamp) signed in ink across the stamp face.
[[Page 50945]]
Special regulations established by the Confederated Salish and Kootenai
Tribes also apply on the reservation.
(m) Crow Creek Sioux Tribe, Crow Creek Indian Reservation, Fort
Thompson, South Dakota (Tribal Members and Nontribal Hunters)
Ducks
Season Dates: Begin October 26, end December 22, 1996.
Daily Bag and Possession Limits: 5 ducks, including no more than 1
female mallard, 1 mottled duck, 1 canvasback, 1 redhead, 1 pintail, and
2 wood ducks. The possession limit is twice the daily bag limit.
Mergansers
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 5 mergansers, including no more
than 1 hooded merganser. The possession limit is twice the daily bag
limit.
Dark Geese
Canada, Brant and White-fronted Geese
Season Dates: Begin October 5, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 2 dark geese, including no more
than 1 white-fronted goose (or brant). The possession limit is twice
the daily bag limit.
Light Geese
Season Dates: Begin October 5, 1996, end January 5, 1997.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
General Conditions: The waterfowl hunting regulations established
by this final rule apply only to tribal and trust lands within the
external boundaries of the reservation. Tribal and nontribal hunters
must comply with basic Federal migratory bird hunting regulations in 50
CFR Part 20 regarding shooting hours and manner of taking. In addition,
each waterfowl hunter 16 years of age or over must carry on his/her
person a valid Migratory Bird Hunting and Conservation Stamp (Duck
Stamp) signed in ink across the stamp face. Special regulations
established by the Crow Creek Sioux Tribe also apply on the
reservation.
(n) Jicarilla Apache Tribe, Jicarilla Indian Reservation, Dulce,
New Mexico (Tribal Members and Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 5, end November 30, 1996.
Daily Bag and Possession Limits: The daily bag limit is 7,
including no more than 1 female mallard, 2 pintails and 2 redheads. The
season on canvasbacks is closed. The possession limit is twice the
daily bag limit.
Geese
The 1996-97 goose season is closed.
General Conditions: Tribal and nontribal hunters must comply with
all basic Federal migratory bird hunting regulations in 50 CFR Part 20
regarding shooting hours and manner of taking. In addition, each
waterfowl hunter 16 years of age or older must carry on his/her person
a valid Migratory Bird Hunting and Conservation Stamp (Duck Stamp)
signed in ink across the stamp face. Special regulations established by
the Jicarilla Tribe also apply on the reservation.
(o) Kalispel Tribe, Kalispel Reservation, Usk, Washington (Tribal
and Nontribal Hunters)
Non-tribal Hunters
Ducks
Season Dates: Begin October 1, 1996, end January 19, 1997. During
this period, days to be hunted are specified by the Kalispel Tribe as
weekends, holidays and for a continuous period in the month of December
for a total of 68 days. Nontribal hunters should contact the tribe for
more detail on hunting days.
Daily Bag and Possession Limits: 6 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 4 geese, including 4 dark geese
but not more than 3 light geese. The possession limit is twice the
daily bag limit.
General: Hunters must observe all State and Federal regulations,
such as those contained in 50 CFR Part 20 and including the possession
of a validated Migratory Bird Hunting and Conservation Stamp.
Tribal Members
Ducks
Season Dates: Begin October 1, 1996, end January 31, 1997.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 4 geese, including 4 dark geese
but not more than 3 light geese. The possession limit is twice the
daily bag limit.
General: Tribal members must possess a validated Migratory Bird
Hunting and Conservation Stamp and a tribal ceded lands permit.
(p) Klamath Tribe, Chiloquin, Oregon (Tribal Members)
Ducks
Season Dates: Begin October 1, 1996, end January 31, 1997.
Daily Bag and Possession Limits: 9 and 16 ducks, respectively.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 25 coots.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 6 and 12 geese, respectively.
General: The Klamath Tribe provides regulations enforcement
authority in its game management officers, biologists and wildlife
technicians, and has a court system with judges that hear cases and set
fines.
(q) Lower Brule Sioux Tribe, Lower Brule Reservation, Lower Brule,
South Dakota (Tribal Members and Nontribal Hunters)
Ducks (including mergansers)
Season Dates: Begin October 10, end December 31, 1996.
Daily Bag and Possession Limits: 5 ducks, including no more than 1
pintail, 1 mottled duck, 1 redhead, 1 canvasback, 2 wood ducks, 1
female mallard and 1 hooded merganser. The possession limit is twice
the daily bag limit.
Geese
Dark Geese
Season Dates: Begin October 7, end December 31, 1996.
Daily Bag and Possession Limits: 2 geese, including no more than 1
white-fronted goose (or 1 brant). The possession limit is twice the
daily bag limit.
White Geese
Season Dates: Same as dark geese.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
General Conditions: All hunters must comply with the basic Federal
migratory bird hunting regulations in 50 CFR Part 20, including the use
of steel shot. Nontribal hunters must possess a validated Migratory
Waterfowl Hunting and Conservation Stamp. The Lower Brule Sioux Tribe
has an official Conservation Code that hunters must
[[Page 50946]]
adhere to when hunting in areas subject to control by the tribe.
(r) Shoshone-Bannock Tribes, Fort Hall Indian Reservation, Fort
Hall, Idaho (Nontribal Hunters)
Ducks (including Mergansers)
Season Dates: Begin October 8, 1996, end January 8, 1997.
Daily Bag and Possession Limits: 7 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 10 and 20 coots, respectively.
Geese
Season Dates: Begin October 8, 1996, end January 13, 1997.
Daily Bag and Possession Limits: 4 geese, including not more than 3
light geese and 2 white-fronted geese. The possession limit is twice
the daily bag limit.
Common Snipe
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 8 and 16 snipe, respectively.
General Conditions: Nontribal hunters must comply with all basic
Federal migratory bird hunting regulations in 50 CFR Part 20 regarding
shooting hours and manner of taking. In addition, each waterfowl hunter
16 years of age or older must possess a valid Migratory Bird Hunting
and Conservation Stamp (Duck Stamp) signed in ink across the stamp
face. Other regulations established by the Shoshone-Bannock Tribes also
apply on the reservation.
(s) Swinomish Indian Tribal Community, LaConner, Washington (Tribal
Members Only)
Ducks (including mergansers)
Season Dates: Begin September 28, 1996, end February 18, 1997.
Daily Bag and Possession Limits: 10 ducks, including no more than 1
female mallard, 2 pintails, 1 canvasback and 2 redheads. The possession
limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 28 coots.
Geese
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 7 geese, including 7 dark geese
but no more than 6 light geese. The possession limit is twice the daily
bag limit.
Brant
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 5 and 10 brant, respectively.
General Conditions: The Swinomish Tribal Community has established
additional special regulations for on-reservation hunting. Tribal
hunters should consult the tribal office for additional information.
(t) Yankton Sioux Tribe, Marty, South Dakota (Tribal Members and
Nontribal Hunters)
Ducks (including Mergansers)
Season Dates: Begin October 19, end December 30, 1996.
Daily Bag and Possession Limits: 5 ducks, including no more than 1
female mallard, 2 redheads, 1 pintail, 1 hooded merganser, and 2 wood
ducks. The possession limit is twice the daily bag limit.
Coots
Season Dates: Same as ducks.
Daily Bag and Possession Limits: 15 and 30 coots, respectively.
Dark Geese
Season Dates: Begin November 2, 1996, end January 31, 1997.
Daily Bag and Possession Limits: 2 geese, including no more than 1
white-fronted goose (or brant). The possession limit is twice the daily
bag limit.
White Geese
Season Dates: Same as dark geese.
Daily Bag and Possession Limits: 10 and 20 geese, respectively.
General Conditions: (1) The waterfowl hunting regulations
established by this final rule apply to tribal and trust lands within
the external boundaries of the reservation.
(2) Tribal and nontribal hunters must comply with all basic Federal
migratory bird hunting regulations in 50 CFR Part 20 regarding shooting
hours and manner of taking. In addition, each waterfowl hunter 16 years
of age or older must carry on his/her person a valid Migratory Bird
Hunting and Conservation Stamp (Duck Stamp) signed in ink across the
stamp face. Special regulations established by the Yankton Sioux Tribe
also apply on the reservation.
[FR Doc. 96-24817 Filed 9-26-96; 8:45 am]
BILLING CODE 4310-55-F
Complete official Federal Register PDF
FR Doc. 96-24753 Medical Devices; Effective Date of Requirement for Premarket Approval for Class III Preamendments Devices
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50704-50711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24753]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 868, 870, 872, 876, 880, 882, 884, 888, and 890
[Docket No. 95N-0084]
RIN 0910-AA31
Medical Devices; Effective Date of Requirement for Premarket
Approval for Class III Preamendments Devices
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is issuing a final
rule to require the filing of a premarket approval application (PMA) or
a notice of completion of product development protocol (PDP) for 41
class III medical devices. The agency has summarized its findings
regarding the degree of risk of illness or injury designed to be
eliminated or reduced by requiring the devices to meet the statute's
approval requirements and the benefits to the public from the use of
the devices.
EFFECTIVE DATE: September 27, 1996.
FOR FURTHER INFORMATION CONTACT: Melpomeni K. Jeffries, Center for
Devices and Radiological Health (HFZ-404), Food and Drug
Administration, 9200 Corporate Blvd., Rockville, MD 20850, 301-594-
2186.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of May 6, 1994 (59 FR 23731), FDA issued a
notice of availability of a preamendments class III devices strategy
document. The strategy document set forth FDA's plans for implementing
the provisions of section 515(i) of the Federal Food, Drug, and
Cosmetic Act (the act) (21 U.S.C. 360e(i)) for preamendments class III
devices for which FDA had not yet required premarket approval. FDA
divided the devices into three groups as referenced in the May 6, 1994,
notice.
[[Page 50705]]
In the Federal Register of September 7, 1995 (60 FR 46718), FDA
published a proposed rule to require the filing under section 515(b) of
the act of a PMA or a notice of completion of a PDP for 43 class III
medical devices. In accordance with section 515(b)(2)(A) of the act,
FDA included in the preamble to the proposal the agency's proposed
findings with respect to the degree of risk of illness or injury
designed to be eliminated or reduced by requiring the device to meet
the premarket approval requirements of the act, and the benefits to the
public from use of the device (60 FR 46718 at 46743). The September 7,
1995, proposed rule also provided an opportunity for interested persons
to submit comments on the proposed rule and the agency's proposed
findings. Under section 515(b)(2)(B) of the act, FDA provided an
opportunity for interested persons to request a change in the
classification of the device based on new information relevant to its
classification. Any petition requesting a change in the classification
of the 43 class III devices was required to be submitted by September
22, 1995. The comment period closed on January 5, 1996.
FDA received two citizens petitions requesting a change in the
classification for the Automated Cell Counting Devices and the
Obstetric Data Analyzer from class III to class II or I. FDA reviewed
the petitions and identified the deficiencies in each one and followed
up with a deficiency letter on January 16, 1996, for the Automated Cell
Counting Devices, and on March 7, 1996, for the Obstetric Data
Analyzer. FDA will make a decision on whether to finalize the rule to
require PMA's for these devices after reviewing any additional
information submitted in support of reclassification.
II. Findings With Respect to Risks and Benefits
Under section 515(b)(3) of the act, FDA is adopting the findings as
published in the proposed rule of September 7, 1995. As required by
section 515(b) of the act, FDA published its findings regarding: (1)
The degree of risk of illness or injury designed to be eliminated or
reduced by requiring that these devices have an approved PMA or a
declared completed PDP; and (2) the benefits to the public from the use
of the device.
These findings are based on the reports and recommendations of the
advisory committees (panels) for the classification of these devices
along with any additional information that FDA discovered. Additional
information can be found in the proposed and final rules classifying
these devices as listed below:
------------------------------------------------------------------------
Devices Proposed rule Final rule
------------------------------------------------------------------------
Anesthesiology 1982 (21 CFR part November 2, 1979 July 16, 1982 (47
868). (44 FR 63292). FR 31130).
Cardiovascular (21 CFR part 870) March 9, 1979 (44 February 5, 1980
FR 13284). (45 FR 7904).
Dental (21 CFR part 872)........ December 30, 1980 August 12, 1987
(45 FR 85962). (52 FR 30082).
Gastroenterology-Urology (21 CFR January 23, 1981 November 23, 1983
part 876). (46 FR 7562). (48 FR 53012).
General Hospital and Personal August 24, 1979 October 21, 1980
Use (21 CFR part 880). (44 FR 49844). (45 FR 69678).
Neurological (21 CFR part 882).. November 28, 1978 September 4, 1979
(43 FR 55640). (44 FR 51726).
Obstetrical and Gynecological... April 3, 1979 (44 February 26, 1980
FR 19894). (45 FR 12682).
Orthopedic (21 CFR part 888).... July 2, 1982 (47 September 4, 1987
FR 29052). (52 FR 33686).
Physical Medicine (21 CFR part August 28, 1979 November 23, 1983
890). (44 FR 50458). (48 FR 53032).
------------------------------------------------------------------------
III. Final Rule
Under section 515(b)(3) of the act, FDA is adopting the findings as
published in the preamble to the proposed rule and is issuing this
final rule to require premarket approval of the generic type of devices
for class III preamendments devices by revising parts 868, 870, 872,
876, 880, 882, 884, 888, and 890 (21 CFR parts 868, 870, 872, 876, 880,
882, 884, 888, and 890).
Under the final rule, a PMA or a notice of completion of a PDP is
required to be filed with FDA within 90 days of the effective date of
this regulation for any of these class III preamendment devices that
were in commercial distribution before May 28, 1976, or any device that
FDA has found to be substantially equivalent to such a device on or
before December 26, 1996. An approved PMA or declared completed PDP is
required to be in effect for any such device on or before 180 days
after FDA files the application. Any other class III preamendment
device subject to this rule that was not in commercial distribution
before May 28, 1976, or that FDA has not found, on or before December
26, 1996, to be substantially equivalent to any class III preamendment
device that was in commercial distribution before May 28, 1976, is
required to have an approved PMA or declared completed PDP in effect
before it may be marketed.
If a PMA or notice of completion of a PDP for any of these class
III preamendment devices is not filed on or before December 26, 1996,
that device will be deemed adulterated under section 501(f)(1)(A) of
the act (21 U.S.C. 351(f)(1)(A)), and commercial distribution of the
device will be required to cease immediately. The device may, however,
be distributed for investigational use, if the requirements of the
investigational device exemption (IDE) regulations (part 812 (21 CFR
part 812)) are met.
Under Sec. 812.2(d) of the IDE regulations, FDA hereby stipulates
that the exemptions from the IDE requirements in Sec. 812.2(c)(1) and
(c)(2) will no longer apply to clinical investigations of these class
III preamendment devices. Further, FDA concludes that investigational
class III preamendment devices subject to this rule are significant
risk devices as defined in Sec. 812.3(m) and advises that as of the
effective date of parts 868, 870, 872, 876, 880, 882, 884, 888, and 890
requirements of the IDE regulations regarding significant risk devices
will apply to any clinical investigation of these class III
preamendment devices. For any of these class III preamendment devices
that is not subject to a timely filed PMA or notice of completion of a
PDP or notice of completion of a PDP, an IDE must be in effect under
Sec. 812.20 on or before December 26, 1996, or distribution of the
device for investigational purposes must cease. FDA advises all persons
currently sponsoring a clinical investigation involving any of these
class III preamendment devices to submit an IDE application to FDA no
later than 60 days after the effective date of this regulation, to
avoid the interruption of ongoing investigations.
IV. Environmental Impact
The agency has determined under 21 CFR 25.24(a)(8) and (e)(4) 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.
[[Page 50706]]
V. Analysis of Impacts
FDA has examined the impacts of the final rule under Executive
Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354).
Executive Order 12866 directs agencies to assess all costs and benefits
of available regulatory alternatives and, when regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). The agency believes that
this final rule is consistent with the regulatory philosophy and
principles identified in the Executive Order. In addition, the final
rule is not a significant regulatory action as defined by the Executive
Order and so is not subject to review under the Executive Order.
The Regulatory Flexibility Act requires agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. As noted above, FDA published a notice of
availability of a preamendments strategy, which identified these
devices as ones that FDA believed were no longer being marketed.
Following publication of that notice and following publication of the
proposed rule upon which this final rule is based, FDA did not receive
any comments stating that there was any interest in marketing these 41
devices. Therefore, the agency certifies that the final rule will not
have a significant economic impact on a substantial number of small
entities. Therefore, under the Regulatory Flexibility Act, no further
analysis is required.
List of Subjects
21 CFR Parts 868, 870, 872, 876, 880, 882, 884, 888, and 890
Medical devices.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, 21 CFR parts
868, 870, 872, 876, 880, 882, 884, 888, and 890 are amended as follows:
PART 868--ANESTHESIOLOGY DEVICES
1. The authority citation for 21 CFR part 868 continues to read as
follows:
Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j,
371).
2. Section 868.5400 is amended by revising paragraph (c) to read as
follows:
Sec. 868.5400 Electroanesthesia apparatus.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
notice of completion of a PDP is required to be filed with the Food and
Drug Administration on or before December 26, 1996 for any
electroanesthesia apparatus that was in commercial distribution before
May 28, 1976, or that has, on or before December 26, 1996 been found to
be substantially equivalent to an electroanesthesia apparatus that was
in commercial distribution before May 28, 1976. Any other
electroanesthesia apparatus shall have an approved PMA or a declared
completed PDP in effect before being placed in commercial distribution.
PART 870--CARDIOVASCULAR DEVICES
3. The authority citation for 21 CFR part 870 continues to read as
follows:
Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j,
371).
4. Section 870.1350 is amended by revising paragraph (c) to read as
follows:
Sec. 870.1350 Catheter balloon repair kit.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
notice of completion of a PDP is required to be filed with the Food and
Drug Administration on or before December 26, 1996 for any catheter
balloon repair kit that was in commercial distribution before May 28,
1976, or that has, on or before December 26, 1996 been found to be
substantially equivalent to a catheter balloon repair kit that was in
commercial distribution before May 28, 1976. Any other catheter balloon
repair kit shall have an approved PMA or a declared completed PDP in
effect before being placed in commercial distribution.
5. Section 870.1360 is amended by revising paragraph (c) to read as
follows:
Sec. 870.1360 Trace microsphere.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
notice of completion of a PDP is required to be filed with the Food and
Drug Administration on or before December 26, 1996 for any trace
microsphere that was in commercial distribution before May 28, 1976, or
that has, on or before December 26, 1996 been found to be substantially
equivalent to a trace microsphere that was in commercial distribution
before May 28, 1976. Any other trace microsphere shall have an approved
PMA or a declared completed PDP in effect before being placed in
commercial distribution.
6. Section 870.3850 is amended by revising paragraph (c) to read as
follows:
Sec. 870.3850 Carotid sinus nerve stimulator.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any carotid
sinus nerve stimulator that was in commercial distribution before May
28, 1976, or that has, on or before December 26, 1996 been found to be
substantially equivalent to a carotid sinus nerve stimulator that was
in commercial distribution before May 28, 1976. Any other carotid sinus
nerve stimulator shall have an approved PMA or a declared completed PDP
in effect before being placed in commercial distribution.
7. Section 870.5300 is amended by revising paragraph (c) to read as
follows:
Sec. 870.5300 DC-defibrillator (including paddles).
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any DC-
defibrillator (including paddles) described in paragraph (b)(1) of this
section that was in commercial distribution before May 28, 1976, or
that has, on or before December 26, 1996 been found to be substantially
equivalent to a DC-defibrillator (including paddles) described in
paragraph (b)(1) of this section that was in commercial distribution
before May 28, 1976. Any other DC-defibrillator (including paddles)
described in paragraph (b)(1) of this section shall have an approved
PMA or declared completed PDP in effect before being placed in
commercial distribution.
PART 872--DENTAL DEVICES
8. The authority citation for 21 CFR part 872 continues to read as
follows:
Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j,
371).
9. Section 872.3400 is amended by revising paragraph (c) to read
as follows:
Sec. 872.3400 Karaya and sodium borate with or without acacia denture
adhesive.
* * * * *
[[Page 50707]]
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any karaya
and sodium borate with or without acacia denture adhesive that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a karaya
and sodium borate with or without acacia denture adhesive that was in
commercial distribution before May 28, 1976. Any other karaya and
sodium borate with or without acacia denture adhesive shall have an
approved PMA or a declared completed PDP in effect before being placed
in commercial distribution.
10. Section 872.3420 is amended by revising paragraph (c) to read
as follows:
Sec. 872.3420 Carboxymethylcellulose sodium and cationic
polyacrylamide polymer denture adhesive.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
carboxymethylcellulose sodium and cationic polyacrylamide polymer
denture adhesive that was in commercial distribution before May 28,
1976, or that has, on or before December 26, 1996 been found to be
substantially equivalent to a carboxymethylcellulose sodium and
cationic polyacrylamide polymer denture adhesive that was in commercial
distribution before May 28, 1976. Any other carboxymethylcellulose
sodium and cationic polyacrylamide polymer denture adhesive shall have
an approved PMA or a declared completed PDP in effect before being
placed in commercial distribution.
11. Section 872.3480 is amended by revising paragraph (c) to read
as follows:
Sec. 872.3480 Polyacrylamide polymer (modified cationic) denture
adhesive.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
polyacrylamide polymer (modified cationic) denture adhesive that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a
polyacrylamide polymer (modified cationic) denture adhesive that was in
commercial distribution before May 28, 1976. Any other polyacrylamide
polymer (modified cationic) denture adhesive shall have an approved PMA
or a declared completed PDP in effect before being place in commercial
distribution.
12. Section 872.3500 is amended by revising paragraph (c) to read
as follows:
Sec. 872.3500 Polyvinylmethylether maleic anhydride (PVM-MA), acid
copolymer, and carboxymethylcellulose sodium (NACMC) denture adhesive.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
polyvinylmethylether maleic anhydride (PVM-MA), acid copolymer, and
carboxymethylcellulose sodium (NACMC) denture adhesive that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a
polyvinylmethylether maleic anhydride (PVM-MA), acid copolymer, and
carboxymethylcellulose sodium (NACMC) denture adhesive that was in
commercial distribution before May 28, 1976. Any other
polyvinylmethylether maleic anhydride (PVM-MA), acid copolymer, and
carboxymethylcellulose sodium (NACMC) denture adhesive shall have an
approved PMA or a declared completed PDP in effect before being placed
in commercial distribution.
13. Section 872.3560 is amended by revising paragraph (c) to read
as follows:
Sec. 872.3560 OTC denture reliner.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any OTC
denture reliner that was in commercial distribution before May 28,
1976, or that has, on or before December 26, 1996 been found to be
substantially equivalent to an OTC denture reliner that was in
commercial distribution before May 28, 1976. Any other OTC denture
reliner shall have an approved PMA or a declared completed PDP in
effect before being placed in commercial distribution.
14. Section 872.3820 is amended by revising paragraph (c) to read
as follows:
Sec. 872.3820 Root canal filling resin.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any root
canal filling resin described in paragraph (b)(2) of this section that
was in commercial distribution before May 28, 1976, or that has, on or
before December 26, 1996 been found to be substantially equivalent to a
root canal filling resin described in paragraph (b)(2) of this section
that was in commercial distribution before May 28, 1976. Any other root
canal filling resin shall have an approved PMA or a declared completed
PDP in effect before being placed in commercial distribution.
PART 876--GASTROENTEROLOGY-UROLOGY DEVICES
15. The authority citation for 21 CFR part 876 is revised to read
as follows:
Authority: Secs. 501, 510, 513, 515, 520, 522, 701 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c,
360e, 360j, 360l, 371).
16. Section 876.5220 is amended by revising paragraph (c) to read
as follows:
Sec. 876.5220 Colonic irrigation system.
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any colonic
irrigation system described in paragraph (b)(2) of this section that
was in commercial distribution before May 28, 1976, or that has, on or
before December 26, 1996 been found to be substantially equivalent to a
colonic irrigation system described in paragraph (b)(2) of this section
that was in commercial distribution before May 28, 1976. Any other
colonic irrigation system shall have an approved PMA in effect before
being placed in commercial distribution.
17. Section 876.5270 is amended by revising paragraph (c) to read
as follows:
Sec. 876.5270 Implanted electrical urinary continence device.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
implanted electrical urinary continence device that was in commercial
distribution before May 28, 1976, or that has, on or before December
26, 1996 been found to be substantially equivalent to an implanted
electrical urinary continence device that was in commercial
distribution before May 28, 1976. Any other implanted electrical
urinary continence device shall have an approved PMA or a declared
completed
[[Page 50708]]
PDP in effect before being placed in commercial distribution.
PART 880--GENERAL HOSPITAL AND PERSONAL USE DEVICES
18. The authority citation for 21 CFR part 880 continues to read as
follows:
Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j,
371).
19. Section 880.5760 is amended by revising paragraph (c) to read
as follows:
Sec. 880.5760 Chemical cold pack snakebite kit.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any chemical
cold pack snakebite kit that was in commercial distribution before May
28, 1976, or that has, on or before December 26, 1996 been found to be
substantially equivalent to a chemical cold pack snakebite kit that was
in commercial distribution before May 28, 1976. Any other chemical cold
pack snakebite kit shall have an approved PMA or a declared completed
PDP in effect before being placed in commercial distribution.
PART 882--NEUROLOGICAL DEVICES
20. The authority citation for 21 CFR part 882 continues to read as
follows:
Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j,
371).
21. Section 882.1825 is amended by revising paragraph (c) to read
as follows:
Sec. 882.1825 Rheoencephalograph.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
rheoencephalograph that was in commercial distribution before May 28,
1976, or that has, on or before December 26, 1996 been found to be
substantially equivalent to a rheoencephalograph that was in commercial
distribution before May 28, 1976. Any other rheoencephalograph shall
have an approved PMA or a declared completed PDP in effect before being
placed in commercial distribution.
22. Section 882.5150 is amended by revising paragraph (c) to read
as follows:
Sec. 882.5150 Intravascular occluding catheter.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
intravascular occluding catheter that was in commercial distribution
before May 28, 1976, or that has, on or before December 26, 1996 been
found to be substantially equivalent to an intravascular occluding
catheter that was in commercial distribution before May 28, 1976. Any
other intravascular occluding catheter shall have an approved PMA or a
declared completed PDP in effect before being placed in commercial
distribution.
23. Section 882.5850 is amended by revising paragraph (c) to read
as follows:
Sec. 882.5850 Implanted spinal cord stimulator for bladder
evacuation.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
implanted spinal cord stimulator for bladder evacuation that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to an
implanted spinal cord stimulator for bladder evacuation that was in
commercial distribution before May 28, 1976. Any other implanted spinal
cord stimulator for bladder evacuation shall have an approved PMA or a
declared completed PDP in effect before being placed in commercial
distribution.
PART 884--OBSTETRICAL AND GYNECOLOGICAL DEVICES
24. The authority citation for 21 CFR part 884 continues to read as
follows:
Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j,
371).
25. Section 884.2620 is amended by revising paragraph (c) to read
as follows:
Sec. 884.2620 Fetal electroencephalographic monitor.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any fetal
electroencephalographic monitor that was in commercial distribution
before May 28, 1976, or that has, on or before December 26, 1996 been
found to be substantially equivalent to a fetal electroencephalographic
monitor in commercial distribution before May 28, 1976. Any other fetal
electroencephalographic monitor shall have an approved PMA or a
declared completed PDP in effect before being placed in commercial
distribution.
26. Section 884.2685 is amended by revising paragraph (c) to read
as follows:
Sec. 884.2685 Fetal scalp clip electrode and applicator.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any fetal
scalp clip electrode and applicator that was in commercial distribution
before May 28, 1976, or that has, on or before December 26, 1996 been
found to be substantially equivalent to a fetal scalp clip electrode
and applicator that was in commercial distribution before May 28, 1976.
Any other fetal scalp clip electrode and applicator shall have an
approved PMA or a declared completed PDP in effect before being placed
in commercial distribution.
27. Section 884.4250 is amended by revising paragraph (c) to read
as follows:
Sec. 884.4250 Expandable cervical dilator.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
expandable cervical dilator that was in commercial distribution before
May 28, 1976, or that has, on or before December 26, 1996 been found to
be substantially equivalent to an expandable cervical dilator that was
in commercial distribution before May 28, 1976. Any other expandable
cervical dilator shall have an approved PMA or a declared completed PDP
in effect before being placed in commercial distribution.
28. Section 884.4270 is amended by revising paragraph (c) to read
as follows:
Sec. 884.4270 Vibratory cervical dilators.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
vibratory cervical dilator that was in commercial
[[Page 50709]]
distribution before May 28, 1976, or that has, on or before December
26, 1996 been found to be substantially equivalent to a vibratory
cervical dilator that was in commercial distribution before May 28,
1976. Any other vibratory cervical dilator shall have an approved PMA
or a declared completed PDP in effect before being placed in commercial
distribution.
29. Section 884.5050 is amended by revising paragraph (c) to read
as follows:
Sec. 884.5050 Metreurynter-balloon abortion system.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
metreurynter-balloon abortion system that was in commercial
distribution before May 28, 1976, or that has, on or before December
26, 1996 been found to be substantially equivalent to a metreurynter-
balloon abortion system that was in commercial distribution before May
28, 1976. Any other metreurynter-balloon abortion system shall have an
approved PMA or a declared completed PDP in effect before being placed
in commercial distribution.
30. Section 884.5225 is amended by revising paragraph (c) to read
as follows:
Sec. 884.5225 Abdominal decompression chamber.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any
abdominal decompression chamber that was in commercial distribution
before May 28, 1976, or that has, on or before December 26, 1996 been
found to be substantially equivalent to an abdominal decompression
chamber that was in commercial distribution before May 28, 1976. Any
other abdominal decompression chamber shall have an approved PMA or a
declared completed PDP in effect before being placed in commercial
distribution.
PART 888--ORTHOPEDIC DEVICES
31. The authority citation for 21 CFR part 888 continues to read as
follows:
Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c,360e, 360j,
371).
32. Section 888.3120 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3120 Ankle joint metal/polymer non-constrained cemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any ankle
joint metal/polymer non-constrained cemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996, been found to be substantially equivalent to a ankle
joint metal/polymer non-constrained cemented prosthesis that was in
commercial distribution before May 28, 1976. Any other ankle joint
metal/polymer non-constrained cemented prosthesis shall have an
approved PMA or a declared completed PDP in effect before being placed
in commercial distribution.
33. Section 888.3180 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3180 Elbow joint humeral (hemi-elbow) metallic uncemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any elbow
joint humeral (hemi-elbow) metallic uncemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to an elbow
joint humeral (hemi-elbow) metallic uncemented prosthesis that was in
commercial distribution before May 28, 1976. Any other elbow joint
humeral (hemi-elbow) metallic uncemented prosthesis shall have an
approved PMA or a declared completed PDP in effect before being placed
in commercial distribution.
34. Section 888.3200 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3200 Finger joint metal/metal constrained uncemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any finger
joint metal/metal constrained uncemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a finger
joint metal/metal constrained uncemented prosthesis that was in
commercial distribution before May 28, 1976. Any other finger joint
metal/metal constrained uncemented prosthesis shall have an approved
PMA or a declared completed PDP in effect before being placed in
commercial distribution.
35. Section 888.3210 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3210 Finger joint metal/metal constrained cemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any finger
joint metal/metal constrained cemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a finger
joint metal/metal constrained cemented prosthesis that was in
commercial distribution before May 28, 1976. Any other finger joint
metal/metal constrained cemented prosthesis shall have an approved PMA
or a declared completed PDP in effect before being placed in commercial
distribution.
36. Section 888.3220 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3220 Finger joint metal/polymer constrained cemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any finger
joint metal/polymer constrained cemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a finger
joint metal/polymer constrained cemented prosthesis that was in
commercial distribution before May 28, 1976. Any other finger joint
metal/polymer constrained cemented prosthesis shall have an approved
PMA or a declared completed PDP in effect before being placed in
commercial distribution.
37. Section 888.3300 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3300 Hip joint metal constrained cemented or uncemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any hip
joint metal constrained cemented or uncemented
[[Page 50710]]
prosthesis that was in commercial distribution before May 28, 1976, or
that has, on or before December 26, 1996 been found to be substantially
equivalent to a hip joint metal constrained cemented or uncemented
prosthesis that was in commercial distribution before May 28, 1976. Any
other hip joint metal constrained cemented or uncemented prosthesis
shall have an approved PMA or a declared completed PDP in effect before
being placed in commercial distribution.
38. Section 888.3310 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3310 Hip joint metal/polymer constrained cemented or
uncemented prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any hip
joint metal/polymer constrained cemented or uncemented prosthesis that
was in commercial distribution before May 28, 1976, or that has, on or
before December 26, 1996 been found to be substantially equivalent to a
hip joint metal/polymer constrained cemented or uncemented prosthesis
that was in commercial distribution before May 28, 1976. Any other hip
joint metal/polymer constrained cemented or uncemented prosthesis shall
have an approved PMA or a declared completed PDP in effect before being
placed in commercial distribution.
39. Section 888.3370 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3370 Hip joint (hemi-hip) acetabular metal cemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any hip
joint (hemi-hip) acetabular metal cemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a hip
joint (hemi-hip) acetabular metal cemented prosthesis that was in
commercial distribution before May 28, 1976. Any other hip joint metal
(hemi-hip) acetabular metal cemented prosthesis shall have an approved
PMA or a declared completed PDP in effect before being placed in
commercial distribution.
40. Section 888.3380 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3380 Hip joint femoral (hemi-hip) trunnion-bearing metal/
polyacetal cemented prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any hip
joint femoral (hemi-hip) trunnion-bearing metal/polyacetal cemented
prosthesis that was in commercial distribution before May 28, 1976, or
that has, on or before December 26, 1996 been found to be substantially
equivalent to a hip joint femoral (hemi-hip) trunnion-bearing metal/
polyacetal cemented prosthesis that was in commercial distribution
before May 28, 1976. Any other hip joint femoral (hemi-hip) trunnion-
bearing metal/polyacetal cemented prosthesis shall have an approved PMA
or a declared completed PDP in effect before being placed in commercial
distribution.
41. Section 888.3480 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3480 Knee joint femorotibial metallic constrained cemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any knee
joint femorotibial metallic constrained cemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a knee
joint femorotibial metallic constrained cemented prosthesis that was in
commercial distribution before May 28, 1976. Any other knee joint
femorotibial metallic constrained cemented prosthesis shall have an
approved PMA or a declared completed PDP in effect before being placed
in commercial distribution.
42. Section 888.3540 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3540 Knee joint patellofemoral polymer/metal semi-
constrained cemented prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any knee
joint patellofemoral polymer/metal semi-constrained cemented prosthesis
that was in commercial distribution before May 28, 1976, or that has,
on or before December 26, 1996 been found to be substantially
equivalent to a knee joint patellofemoral polymer/metal semi-
constrained cemented prosthesis that was in commercial distribution
before May 28, 1976. Any other knee joint patellofemoral polymer/metal
semi-constrained cemented prosthesis shall have an approved PMA or a
declared completed PDP in effect before being placed in commercial
distribution.
43. Section 888.3550 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3550 Knee joint patellofemorotibial polymer/metal/metal
constrained cemented prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any knee
joint patellofemorotibial polymer/metal/metal constrained cemented
prosthesis that was in commercial distribution before May 28, 1976, or
that has, on or before December 26, 1996 been found to be substantially
equivalent to a knee joint patellofemorotibial polymer/metal/metal
constrained cemented prosthesis that was in commercial distribution
before May 28, 1976. Any other knee joint patellofemorotibial polymer/
metal/metal constrained cemented prosthesis shall have an approved PMA
or a declared completed PDP in effect before being placed in commercial
distribution.
44. Section 888.3570 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3570 Knee joint femoral (hemi-knee) metallic uncemented
prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any knee
joint femoral (hemi-knee) metallic uncemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a knee
joint femoral (hemi-knee) metallic uncemented prosthesis that was in
commercial distribution before May 28, 1976. Any other knee joint
femoral (hemi-knee) metallic uncemented prosthesis shall have an
approved PMA or a declared completed PDP in effect before being placed
in commercial distribution.
[[Page 50711]]
45. Section 888.3580 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3580 Knee joint patellar (hemi-knee) metallic resurfacing
uncemented prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any knee
joint patellar (hemi-knee) metallic resurfacing uncemented prosthesis
described in paragraph (b)(2) of this section that was in commercial
distribution before May 28, 1976, or that has, on or before December
26, 1996 been found to be substantially equivalent to a knee joint
patellar (hemi-knee) metallic resurfacing uncemented prosthesis that
was in commercial distribution before May 28, 1976. Any other knee
joint patellar (hemi-knee) metallic resurfacing uncemented prosthesis
shall have an approved PMA or a declared completed PDP in effect before
being placed in commercial distribution.
46. Section 888.3640 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3640 Shoulder joint metal/metal or metal/polymer constrained
cemented prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any shoulder
joint metal/metal or metal/polymer constrained cemented prosthesis that
was in commercial distribution before May 28, 1976, or that has, on or
before December 26, 1996 been found to be substantially equivalent to a
shoulder joint metal/metal or metal/polymer constrained cemented
prosthesis that was in commercial distribution before May 28, 1976. Any
other shoulder joint metal/metal or metal/polymer constrained cemented
prosthesis shall have an approved PMA or a declared completed PDP in
effect before being placed in commercial distribution.
47. Section 888.3680 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3680 Shoulder joint glenoid (hemi-shoulder) metallic
cemented prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any shoulder
joint glenoid (hemi-shoulder) metallic cemented prosthesis that was in
commercial distribution before May 28, 1976, or that has, on or before
December 26, 1996 been found to be substantially equivalent to a
shoulder joint glenoid (hemi-shoulder) metallic cemented prosthesis
that was in commercial distribution before May 28, 1976. Any other
shoulder joint glenoid (hemi-shoulder) metallic cemented prosthesis
shall have an approved PMA or a declared completed PDP in effect before
being placed in commercial distribution.
48. Section 888.3790 is amended by revising paragraph (c) to read
as follows:
Sec. 888.3790 Wrist joint metal constrained cemented prosthesis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any wrist
joint metal constrained cemented prosthesis that was in commercial
distribution before May 28, 1976, or that has, on or before December
26, 1996 been found to be substantially equivalent to a wrist joint
metal constrained cemented prosthesis that was in commercial
distribution before May 28, 1976. Any other wrist joint metal
constrained cemented prosthesis shall have an approved PMA or a
declared completed PDP in effect before being placed in commercial
distribution.
PART 890--PHYSICAL MEDICINE DEVICES
49. The authority citation for 21 CFR part 890 continues to read as
follows:
Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j,
371).
50. Section 890.3610 is amended by revising paragraph (c) to read
as follows:
Sec. 890.3610 Rigid pneumatic structure orthosis.
* * * * *
(c) Date PMA or notice of completion of a PDP is required. A PMA or
a notice of completion of a PDP is required to be filed with the Food
and Drug Administration on or before December 26, 1996 for any rigid
pneumatic structure orthosis that was in commercial distribution before
May 28, 1976, or that has, on or before December 26, 1996 been found to
be substantially equivalent to a rigid pneumatic structure orthosis
that was in commercial distribution before May 28, 1976. Any other
rigid pneumatic structure orthosis shall have an approved PMA or a
declared completed PDP in effect before being placed in commercial
distribution.
Dated: September 9, 1996.
D.B. Burlington,
Director, Center for Devices and Radiological Health.
[FR Doc. 96-24753 Filed 9-26-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-24725 Education Department's General Administrative Regulations; Cost Principles for Educational Institutions and Audits of Institutions of Higher Education and Other Non-Profit Institutions
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50712-50713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24725]
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DEPARTMENT OF EDUCATION
34 CFR Parts 74 and 80
Education Department's General Administrative Regulations; Cost
Principles for Educational Institutions and Audits of Institutions of
Higher Education and Other Non-Profit Institutions
AGENCY: Department of Education.
ACTION: Applicability of revised OMB circulars.
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SUMMARY: The Secretary announces the applicability of revised Office of
Management and Budget (OMB) Circular A-21, ``Cost Principles for
Educational Institutions,'' as revised by OMB in the Federal Register
of May 8, 1996 (61 FR 20880) and Circular A-133, ``Audits of
Institutions of Higher Education and Other Non-Profit Institutions,''
revised by OMB in the Federal Register of April 30, 1996 (61 FR 19134).
DATES: The revised circulars are applicable for new and continuation
grants and subgrants awarded on or after October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Kevin Taylor, U.S. Department of
Education, 600 Independence Avenue, SW., room 3636, ROB-3, Washington
[[Page 50713]]
DC 20202-4248. Telephone: (202) 708-8558. 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: On July 6, 1994 (59 FR 34722), the Secretary
published a revision to Part 74-- Administration of Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations. Also, on March 11, 1988 (53 FR 8071), the
Secretary published a new Part 80-- Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments.
These documents established OMB Circular A-21 as the cost principles
used by the Department of Education for educational institutions (34
CFR 74.27, 80.22).
After publishing proposed revisions on February 6, 1995 (60 FR
7104), OMB published amendments to Circular A-21 on May 8, 1996 (61 FR
20880). This notice adopts for 34 CFR Parts 74 and 80 the changes made
by OMB on that date. The changes adopted in this announcement bind all
recipients of Department grants and cooperative agreements to the
requirements of Circular A-21 as amended through May 8, 1996. These
cost principles apply to educational institutions, except to the extent
program regulations or the Department's administrative regulations
require a different outcome.
OMB Circular A-21 was originally published in the Federal Register
on March 6, 1979 (44 FR 12368). It has been amended several times prior
to the amendment made on May 8, 1996, as follows: on August 3, 1982 (47
FR 33658), on June 9, 1986 (51 FR 20908), on December 2, 1986 (51 FR
43487), on October 3, 1991 (56 FR 50224), and on July 26, 1993 (58 FR
39996).
On January 16, 1991, the Secretary published amendments to 34 CFR
Parts 74 and 80 to adopt OMB Circular A-133, ``Audits of Institutions
of Higher Education and Other Nonprofit Organizations,'' as published
in the Federal Register on March 16, 1990 (55 FR 10019). After
publishing proposed revisions on March 17, 1995 (60 FR 14594), OMB
published in the Federal Register on April 30, 1996 (61 FR 19134), a
revised Circular A-133. OMB Circular A-133 establishes a uniform system
of auditing for institutions of higher education and other non-profit
organizations. There have been no major revisions to this Circular
until now. The Circular, as amended April 30, 1996, is adopted by the
Department. OMB Circular A-133 is cited in Sections 74.26 and 80.26 of
the Education Department General Administrative Regulations.
Both circulars are available by calling OMB's Publication Office at
(202) 395-7332, or they can be obtained in electronic form on the OMB
Home Page at (http://www.whitehouse.gov).
Waiver of Notice and Comment
It is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed actions in accordance with the
Administrative Procedure Act (5 U.S.C. 553). However, since OMB
previously provided the public an opportunity for comment on the
revision of Circulars A-21 and A-133, the Secretary finds that
soliciting further public comment with respect to adopting the revised
circulars is unnecessary and contrary to the public interest under 5
U.S.C. 553(b)(B). For the same reasons, the Secretary waives delayed
effective date under 5 U.S.C. 553(d).
(Catalog of Federal Domestic Assistance Number does not apply.)
Mitchell L. Laine,
Acting Chief Financial Officer.
[FR Doc. 96-24725 Filed 9-26-96; 8:45 am]
BILLING CODE 4000-01-P
Complete official Federal Register PDF
FR Doc. 96-24696 Rules of Procedure
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50711-50712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24696]
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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
29 CFR Part 2200
Rules of Procedure
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Final rule; extension of sunset provision.
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SUMMARY: The Occupational Safety and Health Review Commission has
determined that additional time is necessary to properly evaluate the
efficacy of its pilot E-Z Trial program. Accordingly, the Review
Commission is amending the ``sunset'' provisions of the Commissions
``E-Z Trial'' rules to extend the pilot program and additional six
months.
EFFECTIVE DATE: September 27, 1996.
FOR FURTHER INFORMATION CONTACT:
Earl R. Ohman, Jr., General Counsel, (202) 606-5410.
SUPPLEMENTARY INFORMATION: On August 14, 1995 the Occupational Safety
and Health Review Commission published in the Federal Register (60 FR
41805) new procedural rules for a pilot program designed to simplify
and accelerate adjudication for cases that warrant a less formal, less
costly process. Designated ``E-Z Trial,'' the pilot program was to run
for one year, terminating on September 30, 1996. A ``sunset'' provision
was inserted into the rules to effectively end the program on that date
unless extended by the Commission by final rule published in the
Federal Register. 29 CFR Sec. 2200.201(b).
While the Review Commission is pleased with the progress of the
pilot program, as the end of the one-year period approaches, the Review
Commission has concluded that an additional six months is necessary to
fully evaluate E-Z Trial and to determine what, if any, amendments are
necessary. Accordingly, the Commission is revising Sec. 2200.201(b) to
extend the pilot program through March 31, 1997.
[[Page 50712]]
List of Subjects in 29 CFR Part 2200
Administrative practice and procedures, Hearing and appeal
procedures.
For the reasons set forth in the preamble, Title 29, Chapter XX,
Part 2200, Subpart M of the Code of Federal Regulations is amended as
follows:
PART 2200--RULES OF PROCEDURE
1. The authority citation continues to read as follows:
Authority: 29 U.S.C. 661(g).
2. Section 2200.201 is amended by revising paragraph (b) to read as
follows:
Sec. 2200.201 [Amended]
* * * * *
(b) Sunset Provision. Section 2200.203(a), which permits the Chief
Administrative Law Judge to assign a case for E-Z Trial, will no longer
be effective after March 31, 1997 unless the rule is extended by the
Commission by publication of a final rule in the Federal Register.
After March 31, 1997, a case will only be assigned to E-Z Trial if the
assignment is requested by a party.
Dated: September 20, 1996.
Stuart E. Weisberg,
Chairman.
Dated: September 20, 1996.
Velma Montoya,
Commissioner.
Dated: September 20, 1996.
Daniel Guttman,
Commissioner.
[FR Doc. 96-24696 Filed 9-26-96; 8:45 am]
BILLING CODE 7600-01-M
Complete official Federal Register PDF
FR Doc. 96-24660 Protection and Enhancement of Environmental Quality
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50914-50921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24660]
[[Page 50913]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 50
Protection and Enhancement of Environmental Quality; Final Rule
Federal Register / Vol. 61, No. 189 / Friday, September 27, 1996 /
Rules and Regulations
[[Page 50914]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Part 50
[Docket No. FR-2206-F-03]
RIN 2501-AA30
Protection and Enhancement of Environmental Quality
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This rule finalizes the policies and procedures set forth in
HUD's April 5, 1996 proposed rule. Additionally, this rule makes
several clarifying and technical amendments to the proposed rule. The
final rule simplifies, improves, and updates HUD's implementation of
responsibilities for environmental review and decision making under the
National Environmental Policy Act and the other related Federal
environmental laws and authorities. This final rule replaces HUD's
current regulations at 24 CFR part 50.
EFFECTIVE DATE: October 28, 1996.
FOR FURTHER INFORMATION CONTACT: Richard H. Broun, Director, Office of
Community Viability, Room 7240, Department of Housing and Urban
Development, 451 Seventh Street SW., Washington, DC 20410-7000. For
telephone communication, contact Walter Prybyla, Deputy Director for
Policy, Environmental Review Division at (202) 708-1201. (This number
is not toll-free.) Hearing or speech-impaired individuals may access
this number via TTY by calling the toll-free Federal Information Relay
Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. The April 5, 1996 Proposed Rule
On April 5, 1996 (61 FR 15340), HUD published a rule for public
comment proposing to amend 24 CFR part 50 in its entirety. Part 50
describes the procedures used by HUD to carry out its responsibilities
under the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
4321-4347), the NEPA implementing regulations of the Council on
Environmental Quality, and the other NEPA-related Federal environmental
laws and authorities (See Sec. 50.4 of this final rule). The April 5,
1996 rule proposed to simplify, improve, and update these regulations.
HUD decided to completely revise 24 CFR part 50 due to the
implementation of a series of innovative initiatives which have
improved the way HUD delivers services to the public. As detailed in
the preamble to the April 5, 1996 proposed rule, these initiatives
include: (1) HUD's regulatory reinvention efforts; (2) the
reorganization of HUD field offices; (3) Presidential Executive Order
12898 on Environmental Justice; and (4) the need to update 24 part 50
as a result of program experience and the evolving nature of HUD's
programs.
This rule finalizes the policies and procedures set forth in the
April 5, 1996 proposed rule and makes several technical and clarifying
amendments to the proposed regulation. The April 5, 1996 proposed rule
discussed in detail the amendments to 24 CFR part 50.
II. This Final Rule
The public comment period on the April 5, 1996 proposed rule
expired on June 4, 1996. No comments were received. Although no changes
are being made in response to public comment, HUD is making certain
technical and clarifying amendments to the proposed rule at the final
rule stage. This section of the preamble describes the amendments made
by this final rule to the April 5, 1996 proposed rule.
A. Clarification to 24 CFR 50.3(i)(1): Use of properties affected
by hazardous materials. Paragraph (i)(1) of Sec. 50.3 concerned the use
of properties affected by hazardous materials. The proposed use of such
a property will be important with respect to its suitability for
approval of HUD assistance. For example, properties which will be used
for housing, hospitals, or nursing homes must be free of hazardous
materials. In contrast, properties designated for industrial or
commercial purposes, as may be the case with ``brownfield'' locations
proposed for new uses, are permitted to be hazard-managed sites.
Proposed 24 CFR 50.3(i)(1) required that a site be hazard-free if a
``hazard could affect the health and safety of occupants or the
utilization of the property.'' This broad language could be
misinterpreted to mean that only hazard-free sites will be approved for
HUD assistance. The final rule amends 24 CFR 50.3(i)(1) to clarify that
a site must be free of hazardous materials if a ``hazard could affect
the health and safety of occupants or conflict with the intended
utilization of the property.''
B. Section 50.17: Decision points for the hospital mortgage
insurance and loan guarantee recovery fund programs. HUD's regulation
at 24 CFR 50.17 lists the environmental ``decision points'' for the
various HUD programs. A Finding of No Significant Impact (FONSI) with
respect to the environment or an Environmental Impact Statement (EIS)
must be completed before the applicable decision point. This final rule
amends the April 5, 1996 proposed rule by making two changes to
Sec. 50.17.
The April 5, 1996 proposed rule would have removed from Sec. 50.17
the reference to the decision point for HUD's hospital mortgage
insurance program. The Department of Health and Human Services (HHS) is
the lead Federal agency responsible for hospital related environmental
review and decisionmaking. Accordingly, the preamble to the April 5,
1996 rule explained that HUD, for purposes of its hospital mortgage
insurance program, would rely on an HHS certification that HHS had
complied with the applicable environmental requirements. Subsequent to
publication of the April 5, 1996 proposed rule, HUD decided to continue
being responsible for the environmental reviews related to its hospital
mortgage insurance program. HUD, therefore, will continue to list the
decision point for this program in Sec. 50.17. This final rule
continues to require that the FONSI or EIS be completed before issuance
of the Site Appraisal and Market Analysis (SAMA) Letter, or initial
equivalent indication of HUD approval of a specific site. In the case
of hospital mortgage insurance, this decision point is HUD's issuance
of a conditional commitment.
This final rule also updates Sec. 50.17 by adding the decision
point for HUD's loan guarantee recovery fund program. This program,
which is codified at new 24 CFR part 573, was established subsequent to
publication of the April 5, 1996 proposed rule. Part 573 implements
section 4 of the Church Arson Prevention Act of 1996 (Pub. L. 104-155,
approved July 3, 1996). This final rule adds a new Sec. 50.17(a)(3)
which states that the decision point for loans guaranteed under part
573 is HUD's issuance of a commitment letter or initial equivalent
indication of HUD approval.
C. New Paragraphs (b) (21), (22), and (23) to Sec. 50.19:
Additional categorical exclusions. Section 50.19 lists those activities
which are excluded from the compliance requirements of the various
environmental authorities. HUD omitted to list several exclusions in
the April 5, 1996 proposed rule. This final rule corrects the
oversight.
1. Refinancing of HUD-insured mortgages. This final rule adds a new
paragraph (b)(21) to Sec. 5.19, which excludes any refinancing of HUD-
insured mortgages that will not allow new construction or
rehabilitation, nor result in any physical impacts or changes except
for routine maintenance. Such actions are excluded from NEPA as well as
the related laws and
[[Page 50915]]
authorities listed in Sec. 50.4, except that compliance with 24 CFR
50.4(b)(1), which relates to flood insurance requirements, is required
for buildings located in special flood hazard areas.
2. Sale of HUD-held mortgages. This final rule adds a new paragraph
(b)(22) to Sec. 50.19, which excludes the sale of a HUD-held mortgage
on an existing property. In these cases, there is no physical impact
and the property is not owned by HUD; the mortgage will be held by a
new mortgagee, but the ownership of the real property does not change.
3. Foreclosure sales of properties with HUD-held mortgages. This
final rule also excludes the foreclosure sale of a property with a HUD-
held mortgage. Appropriate restrictions, however, will be imposed to
protect historic properties. As is true with the exclusion listed in
new 24 CFR 50.19(b)(22), HUD does not own the property in these cases.
HUD, therefore, does not dispose of the property, but causes the
property to be sold to satisfy HUD's lien. HUD has long viewed
foreclosure sales as in the nature of civil enforcement actions (which
are not considered Federal actions under the NEPA regulations published
by the Council on Environmental Quality). This final rule adds a new 24
CFR 50.19(b)(23) to clarify that these foreclosure sales are
categorically excluded from compliance with NEPA and the other
environmental authorities.
D. Intergovernmental review. An error concerning intergovernmental
review appeared in the preamble to the April 5, 1996 proposed rule.
HUD's regulations at 24 CFR part 52 govern the intergovernmental review
of HUD programs and activities. The preamble to the proposed rule
mistakenly stated that 24 CFR part 52 is no longer in active use (61 FR
15340, 15341). Accordingly, the April 5, 1996 rule proposed to remove
all references to part 52 from 24 CFR part 50. Part 52 remains current
and in effect. This rule, however, finalizes the removal of the
references to 24 CFR part 52. The provisions of 24 CFR part 52 apply to
HUD programs notwithstanding any specific reference in part 50. It is
unnecessary for 24 CFR part 50 to cite these regulatory requirements.
E. Section 50.23: Public participation notices. The final rule
clarifies that notices pertaining to an EIS, an amendment to an EIS,
and any FONSI subject to Sec. 50.34 (Time delays for exceptional
circumstances), will be provided to the public, in accordance with
HUD's longstanding policy to provide notices to the affected public and
to those who have requested them. This final rule provides that the
local HUD field office may be contacted by persons who wish to review a
FONSI which is not subject to Sec. 50.34.
HUD also assures public participation in other ways. For example,
many HUD programs have public participation elements. To enhance
citizen participation and access to information on HUD-supported
projects, HUD has placed on the Internet the executive summaries of
Consolidated Plans for over 900 major cities and counties. HUD
regulations, handbooks, legislation and related documents are also
available to the public on the Internet.
III. HUD Programs Subject to 24 CFR Part 50
This final rule, which replaces the current provisions of 24 CFR
part 50, applies to all HUD activities and programs, except those for
which specific statutory authority exists to assign the environmental
review responsibilities to recipients and other responsible entities
that are States, units of general local government, Indian Tribes or
other entities subject to 24 CFR part 58.
The following is a list of those HUD programs that lack specific
authority for assigning the Federal environmental review
responsibilities to recipients and other responsible entities.
Generally, the list covers all HUD programs other than those identified
at 24 CFR 58.1(b). In addition to the programs listed below, part 50
applies to certain projects and activities carried out by recipients
subject to the environmental policy and procedures of 24 CFR part 58
(see 24 CFR 50.1(d)).
The following may not be an exhaustive list, but contains the
principal HUD assistance programs subject to 24 CFR part 50. The number
in brackets represents the part or section of title 24 in which the
program regulations can be found. The number, if any following the
brackets, represents the Catalog Number of Federal Domestic Assistance.
Office of Community Planning and Development
HOPE for Homeownership of Single Family Homes: HOPE 3
[572] 14.240.
Housing Opportunities for Persons with AIDS [574] 14.241.
Emergency Shelter Grants Program: Stewart B. McKinney
Homeless Assistance Act [576] [Part 50 applies only to applicants that
are private nonprofit organizations and to governmental entities with
special or limited purpose powers] 14.231.
Supportive Housing Program [583] [Part 50 applies only to
applicants that are private nonprofit organizations and to governmental
entities with special or limited purpose powers] 14.235.
Shelter Plus Care [582] [Part 50 applies to applications
from Public Housing Agency applicants, except that Part 58 applies to
the Section 8 Moderate Rehabilitation for Single Room Occupancy (SRO)
Dwellings component of the Shelter Plus Care program] 14.238.
Opportunities for Youth: Youthbuild [585] 14.243.
John Heinz Neighborhood Development Program [594] 14.242.
Special Purpose Grants for Historically-Black Colleges and
Universities [570.404] 14.237.
Base Closure Community Redevelopment and Homeless
Assistance [586] 14.227.
Loan Guarantee Recovery Fund Program [573].
Office of Housing: Single Family Housing Programs
HUD-Acquired Single Family Property Disposition [291].
Office of Housing: Multifamily Housing Programs
Multifamily Rental Housing for Moderate-Income Families:
Section 221(d)(3) and (4) [221] 14.135.
Existing Multifamily Rental Housing: Section 223(f)
[207.32a] 14.155.
Supportive Housing for the Elderly: Section 202 [889]
14.157.
Supportive Housing for Persons with Disabilities: Section
811 [890] 14.181.
Mortgage Insurance for Single Room Occupancy Projects:
Section 221(d) pursuant to Section 223(g) [221.565] 14.135.
Mortgage Insurance for Nursing Homes, Intermediate Care
Facilities, Board and Care Homes, and Assisted Living Facilities:
Section 232 [232] 14.129.
Supplementary Financing for Multifamily Projects: Section
241 [241] 14.151.
HOPE for Homeownership of Multifamily Units: HOPE 2
[Appendix B to Subtitle A of 24 CFR] 14.185.
Low-Income Housing Preservation and Resident
Homeownership: Title VI [248 subpart B] 14.187.
Emergency Low-Income Housing Preservation: Title II [248
subpart C] 14.187.
Flexible Subsidy Program for Troubled Projects: Section
201 [219] 14.164.
Manufactured Home Parks: Section 207 Land development
[207.33] 14.127.
[[Page 50916]]
Disposition of Multifamily Projects and Sale of HUD-held
Multifamily Mortgages [290].
Mortgage Insurance for Housing for the Elderly: Section
231 [231] 14.138 [Not used. Instead Sections 221 (d)(3) and (d)(4) are
used.]
Cooperative Housing: Section 213 [213] 14.126 [Authorized
but not used. New construction and substantial rehabilitation
cooperative projects are currently insured under Section 221(d)(3).]
Multifamily Rental Housing: Section 207 [207] 14.134 [Not
used. Instead Sections 221 (d)(3) and (d)(4) are used.]
Mortgage Insurance and Insured Improvement Loans for Urban
Renewal and Concentrated Development Areas: Section 220 [220] 14.139
[Not frequently used.]
Group Practice Medical Facilities: Title XI [244] 14.116
[Not used in recent years.]
Nehemiah Housing Opportunity Grants Program [280] [No
current funding.]
Office of Public and Indian Housing
HOPE for Public and Indian Housing Homeownership Program
[Appendix A to Subtitle A of 24 CFR] 14.858.
Public and Indian Housing Youth Sports Program [proposed
961.50] 14.863.
Public and Indian Housing Drug Elimination Program [761]
14.854.
Part 50 continues to be used for the following public
housing programs until October 14, 1996, when the programs will become
subject to environmental review procedures under 24 CFR part 58:
Public Housing Development [941] 14.850 and 14.851.
Public Housing Modernization [968] 14.852 and 14.859.
Demolition or Disposition of Public Housing Projects [970]
14.850.
Office of Policy Development and Research
CDBG Joint Community Development Program [570.411] [Part
50 applies only to applicants (e.g. to universities) that are not a
State or unit of general local government.]
IV. Findings and Certifications
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
implementing section 102(2)(C) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332) at the time of the development of the proposed
rule. The Finding of No Significant Impact remains applicable to this
final rule and is available for public inspection during business hours
in the Office of the Rules Docket Clerk, Room 10276, Department of
Housing and Urban Development, 451 Seventh Street, SW., Washington, DC
20410-0500.
Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule have no federalism implications, and that the
policies are not subject to review under the Order. This rule is
limited to updating HUD's implementation of its responsibilities for
environmental review and decision making under the National
Environmental Policy Act and other related Federal environmental laws
and authorities.
Executive Order 12606, The Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this final rule does not
have potential for significant impact on family formation, maintenance,
and general well-being, and, thus, is not subject to review under the
Order. This rule updates and streamlines 24 CFR part 50, which sets
forth HUD's regulations governing the protection and enhancement of
environmental quality. No significant change in existing HUD policies
or programs will result from promulgation of this rule, as those
policies and programs relate to family concerns.
Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)) has reviewed and approved this rule, and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. This rule, which revises 24 CFR
part 50 in its entirety, finalizes the policies and procedures set
forth in the April 5, 1996 proposed rule. Specifically, the rule
simplifies, improves, and updates HUD's implementation of
responsibilities for environmental review and decision making under the
National Environmental Policy Act and the other related Federal
environmental laws and authorities. This final rule will have no
adverse or disproportionate economic impact on small entities.
Unfunded Mandates Reform Act
The Secretary has reviewed this rule before publication and by
approving it certifies, in accordance with the Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1532), that this rule does not impose a Federal
mandate that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year.
Catalog of Federal Domestic Assistance
The program numbers are 14.128-14.900. Also see section III. of
this preamble.
List of Subjects in 24 CFR Part 50
Environmental quality, Environmental protection, Environmental
review policy and procedures, Environmental assessment, Environmental
impact statement, Compliance record.
Accordingly, 24 CFR part 50 is revised to read as follows:
PART 50--PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY
Subpart A--General: Federal Laws and Authorities
Sec.
50.1 Purpose, authority, and applicability.
50.2 Terms and abbreviations.
50.3 Environmental policy.
50.4 Related Federal laws and authorities.
Subpart B--General Policy: Responsibilities and Program Coverage
50.10 Basic environmental responsibility.
50.11 Responsibility of the HUD approving official.
Subpart C--General Policy: Decision Points
50.16 Decision points for policy actions.
50.17 Decision points for projects.
Subpart D--General Policy: Environmental Review Procedures
50.18 General.
50.19 Categorical exclusions not subject to the Federal laws and
authorities cited in Sec. 50.4.
50.20 Categorical exclusions subject to the Federal laws and
authorities cited in Sec. 50.4.
50.21 Aggregation.
50.22 Environmental management and monitoring.
50.23 Public participation.
50.24 HUD review of another agency's EIS.
Subpart E--Environmental Assessments and Related Reviews
50.31 The EA.
50.32 Responsibility for environmental processing.
50.33 Action resulting from the EA.
50.34 Time delays for exceptional circumstances.
[[Page 50917]]
50.35 Use of prior environmental assessments.
50.36 Updating environmental reviews.
Subpart F--Environmental Impact Statements
50.41 EIS policy.
50.42 Cases when an EIS is required.
50.43 Emergencies.
Authority: 42 U.S.C. 3535(d) and 4332; and Executive Order
11991, 3 CFR, 1977 Comp., p. 123.
Subpart A--General: Federal Laws and Authorities
Sec. 50.1 Purpose, authority, and applicability.
(a) This part implements the policies of the National Environmental
Policy Act (NEPA) and other environmental requirements (as specified in
Sec. 50.4).
(b) NEPA (42 U.S.C. 4321 et seq.), establishes national policy,
goals and procedures for protecting, restoring and enhancing
environmental quality. NEPA is implemented by Executive Order 11514 of
March 5, 1970, (3 CFR, 1966--1970 Comp., p. 902) as amended by
Executive Order 11991 of May 24, 1977, (3 CFR, 1977 Comp., p. 123) and
by the Council on Environmental Quality (CEQ) Regulations, 40 CFR parts
1500-1508.
(c) The regulations issued by CEQ at 40 CFR parts 1500-1508
establish the basic procedural requirements for compliance with NEPA.
These procedures are to be followed by all Federal agencies and are
incorporated by reference into this part. This part, therefore,
provides supplemental instructions to reflect the particular nature of
HUD programs, and is to be used in tandem with 40 CFR parts 1500-1508
and regulations that implement authorities cited at Sec. 50.4.
(d) These regulations apply to all HUD policy actions (as defined
in Sec. 50.16), and to all HUD project actions (see Sec. 50.2(a)(2)).
Also, they apply to projects and activities carried out by recipients
subject to environmental policy and procedures of 24 CFR part 58, when
the recipient that is regulated under 24 CFR part 58 claims the lack of
legal capacity to assume the Secretary's environmental review
responsibilities and the claim is approved by HUD or when HUD
determines to conduct an environmental review itself in place of a
nonrecipient responsible entity. For programs, activities or actions
not specifically identified or when there are questions regarding the
applicability of this part, the Assistant Secretary for Community
Planning and Development shall be consulted.
Sec. 50.2 Terms and abbreviations.
(a) The definitions for most of the key terms or phrases contained
in this part appear in 40 CFR part 1508 and in the authorities cited in
Sec. 50.4.
The following definitions also apply to this part:
Environmental review means a process for complying with NEPA
(through an EA or EIS) and/or with the laws and authorities cited in
Sec. 50.4.
HUD approving official means the HUD official authorized to make
the approval decision for any proposed policy or project subject to
this part.
Project means an activity, or a group of integrally-related
activities, undertaken directly by HUD or proposed for HUD assistance
or insurance.
(b) The following abbreviations are used throughout this part:
AS/CPD--Assistant Secretary for Community Planning and Development.
CEQ--Council on Environmental Quality
EA--Environmental Assessment
EIS--Environmental Impact Statement
FONSI--Finding of No Significant Impact
HUD--Department of Housing and Urban Development
NEPA--National Environmental Policy Act
NOI/EIS--Notice of Intent to Prepare an Environmental Impact
Statement
Sec. 50.3 Environmental policy.
(a) It is the policy of the Department to reject proposals which
have significant adverse environmental impacts and to encourage the
modification of projects in order to enhance environmental quality and
minimize environmental harm.
(b) The HUD approving official shall consider environmental and
other Departmental objectives in the decisionmaking process.
(c) When EA's or EIS's or reviews under Sec. 50.4 reveal conditions
or safeguards that should be implemented once a proposal is approved in
order to protect and enhance environmental quality or minimize adverse
environmental impacts, such conditions or safeguards must be included
in agreements or other relevant documents.
(d) A systematic, interdisciplinary approach shall be used to
assure the integrated use of the natural and social sciences and the
environmental design arts in making decisions.
(e) Environmental impacts shall be evaluated on as comprehensive a
scale as is practicable.
(f) HUD offices shall begin the environmental review process at the
earliest possible time so that potential conflicts between program
procedures and environmental requirements are identified at an early
stage.
(g) Applicants for HUD assistance shall be advised of environmental
requirements and consultation with governmental agencies and
individuals shall take place at the earliest time feasible.
(h) For HUD grant programs in which the funding approval for an
applicant's program must occur before the applicant's selection of
properties, the application shall contain an assurance that the
applicant agrees to assist HUD to comply with this part and that the
applicant shall:
(1) Supply HUD with all available, relevant information necessary
for HUD to perform for each property any environmental review required
by this part;
(2) Carry out mitigating measures required by HUD or select
alternate eligible property; and
(3) Not acquire, rehabilitate, convert, lease, repair or construct
property, nor commit or expend HUD or local funds for these program
activities with respect to any eligible property, until HUD approval of
the property is received.
(i)(1) It is HUD policy that all property proposed for use in HUD
programs be free of hazardous materials, contamination, toxic chemicals
and gasses, and radioactive substances, where a hazard could affect the
health and safety of occupants or conflict with the intended
utilization of the property.
(2) HUD environmental review of multifamily and non-residential
properties shall include evaluation of previous uses of the site and
other evidence of contamination on or near the site, to assure that
occupants of proposed sites are not adversely affected by the hazards
listed in paragraph (i)(1) of this section.
(3) Particular attention should be given to any proposed site on or
in the general proximity of such areas as dumps, landfills, industrial
sites or other locations that contain hazardous wastes.
(4) HUD shall require the use of current techniques by qualified
professionals to undertake investigations determined necessary.
Sec. 50.4 Related Federal laws and authorities.
HUD and/or applicants must comply, where applicable, with all
environmental requirements, guidelines and statutory obligations under
the following authorities and HUD standards:
[[Page 50918]]
(a) Historic properties: (1) The National Historic Preservation Act
of 1966 (16 U.S.C. 470 et seq.), as amended.
(2) Executive Order 11593, Protection and Enhancement of the
Cultural Environment, May 13, 1971 (3 CFR, 1971--1975 Comp., p. 559).
(3) The Archaeological and Historic Preservation Act of 1974, which
amends the Reservoir Salvage Act of 1960 (16 U.S.C. 469 et seq.).
(4) Procedures for the Protection of Historic and Cultural
Properties (Advisory Council on Historic Preservation--36 CFR part
800).
(b) Flood insurance, floodplain management and wetland protection:
(1) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128) and the
National Flood Insurance Reform Act of 1994 (Pub.L. 103-325, 108 Stat.
2160).
(2) HUD Procedure for the Implementation of Executive Order 11988
(3 CFR, 1977 Comp., p. 117)--24 CFR part 55, Floodplain Management.
(3) Executive Order 11990 (Protection of Wetlands), (3 CFR, 1977
Comp., p. 121).
(c) Coastal areas protection and management. (1) The Coastal
Barrier Resources Act, as amended by the Coastal Barrier Improvement
Act of 1990 (16 U.S.C. 3501 et seq.).
(2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.), as amended.
(d) Sole source aquifers. The Safe Drinking Water Act of 1974 (42
U.S.C. 201, 300 et seq., and 21 U.S.C. 349), as amended. (See 40 CFR
part 149.)
(e) Endangered species. The Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), as amended. (See 50 CFR part 402.)
(f) Wild and scenic rivers. The Wild and Scenic Rivers Act (16
U.S.C 1271 et seq.), as amended.
(g) Water quality. The Federal Water Pollution Control Act, as
amended by the Federal Water Pollution Control Act Amendments of 1972
(33 U.S.C. 1251 et seq.), and later enactments.
(h) Air quality. The Clean Air Act (42 U.S.C. 7401 et seq.), as
amended. (See 40 CFR parts 6, 51, and 93.)
(i) Solid waste management. (1) The Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6901 et seq.), and later enactments.
(2) The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), as amended.
(j) Farmlands protection. The Farmland Protection Policy Act of
1981 (7 U.S.C. 4201 et seq.), as amended. (See 7 CFR part 658.)
(k) HUD environmental standards. Applicable criteria and standards
specified in HUD environmental regulations (24 CFR part 51).
(l) Environmental justice. Executive Order 12898--Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations (3 CFR, 1994 Comp., p. 859).
Subpart B--General Policy: Responsibilities and Program Coverage
Sec. 50.10 Basic environmental responsibility.
(a) It is the responsibility of all Assistant Secretaries, the
General Counsel, and the HUD approving official to assure that the
requirements of this part are implemented.
(b) The Assistant Secretary for Community Planning and Development
(A/S CPD), represented by the Office of Community Viability, whose
Director shall serve as the Departmental Environmental Clearance
Officer (DECO), is assigned the overall Departmental responsibility for
environmental policies and procedures for compliance with NEPA and the
related laws and authorities. To the extent permitted by applicable
laws and the CEQ regulations, the A/S CPD shall approve waivers and
exceptions or establish criteria for exceptions from the requirements
of this part.
Sec. 50.11 Responsibility of the HUD approving official.
(a) The HUD approving official shall make an independent evaluation
of the environmental issues, take responsibility for the scope and
content of the compliance finding, EA or EIS, and make the
environmental finding, where applicable. (Also, see Sec. 50.32.)
(b) Copies of environmental reviews and findings shall be
maintained in the project file for projects, in the rules docket files
for Federal Register publications, and in program files for non-Federal
Register policy documents.
Subpart C--General Policy: Decision Points
Sec. 50.16 Decision points for policy actions.
Either an EA and FONSI or an EIS on all policy actions not meeting
the criteria of Sec. 50.19 shall be completed prior to the approval
action. Policy actions include all proposed Federal Register policy
documents and other policy-related Federal actions (40 CFR 1508.18).
The decision as to whether a proposed policy action is categorically
excluded from an EA shall be made by the Program Environmental
Clearance Officer (PECO) in Headquarters as early as possible. Where
the PECO has any doubt as to whether a proposed action qualifies for
exclusion, the PECO shall request a determination by the AS/CPD. The EA
and FONSI may be combined into a single document.
Sec. 50.17 Decision points for projects.
Either an EA and FONSI or an EIS for individual projects shall be
completed before the applicable program decision points below for
projects not meeting the criteria of Sec. 50.20. Compliance with
applicable authorities cited in Sec. 50.4 shall be completed before the
applicable program decision points below unless the project meets the
criteria for exclusion under Sec. 50.19.
(a) New Construction. (1) Project mortgage insurance or other
financial assistance for multifamily housing projects (including
sections 202 and 811), nursing homes, hospitals, group practice
facilities and manufactured home parks: Issuance of Site Appraisal and
Market Analysis (SAMA) Letter or initial equivalent indication of HUD
approval of a specific site;
(2) Public Housing: HUD approval of the proposal.
(3) Loan Guarantee Recovery Fund Program (24 CFR part 573). HUD
issuance of a letter of commitment or initial equivalent indication of
HUD approval.
(b) Rehabilitation projects. Use the decision points under ``new
construction'' for HUD programs cited in paragraph (a) of this section;
otherwise the decision point is the HUD project approval.
(c) Public housing modernization programs. HUD approval of the
modernization grants.
(d) Property Disposition. Multifamily structures, college housing,
nursing homes, manufactured homes and parks, group practice facilities,
vacant land and one to four family structures: HUD approval of the
Disposition Program.
(e) HUD programs subject to 24 CFR part 58. For cases in which HUD
exercises environmental responsibility under this part where a
recipient lacks legal capacity to do so or HUD determines to do so in
place of a nonrecipient responsible entity under 24 CFR part 58 (see
Sec. 50.1(d)), the decision point is: HUD's execution of an agreement
or contract, whichever comes first, or in the case of Section 8
Project-Based Certificate Assistance and Moderate Rehabilitation, HUD
notification to the Public Housing Agency to proceed with execution of
an Agreement to Enter into Housing Assistance Payments (HAP) Contract.
[[Page 50919]]
(f) Section 50.3(h). Notwithstanding the other paragraphs of this
section, the decision point for grant programs in which HUD approval of
funding for an applicant's program must occur before the applicant's
selection of properties for use in its program is: HUD approval of
specific properties.
(g) Stewart B. McKinney Homeless Assistance Act Programs. Where the
recipients are nonprofit organizations or governmental entities with
special or limited purpose powers, the decision point is: HUD project
approval.
(h) Programs not specifically covered in this section. Consult with
the AS/CPD for decision points.
Subpart D--General Policy: Environmental Review Procedures
Sec. 50.18 General.
HUD may, from time to time, complete programmatic reviews that
further avoid the necessity of complying with the laws and authorities
in Sec. 50.4 on a property-by-property basis.
Sec. 50.19 Categorical exclusions not subject to the Federal laws and
authorities cited in Sec. 50.4.
(a) The activities listed below are not subject to the individual
compliance requirements of the Federal laws and authorities cited in
Sec. 50.4, unless otherwise indicated below. These activities are also
categorically excluded from the EA required by NEPA except in
extraordinary circumstances (Sec. 50.20(b)). HUD approval or
implementation of these categories of activities and related policy
actions does not require environmental review, because they do not
alter physical conditions in a manner or to an extent that would
require review under NEPA or the other laws and authorities cited at
Sec. 50.4.
(b)(1) Environmental and other studies, resource identification and
the development of plans and strategies.
(2) Information and financial advisory services.
(3) Administrative and management expenses.
(4) Public services that will not have a physical impact or result
in any physical changes, including but not limited to services
concerned with employment, crime prevention, child care, health, drug
abuse, education, counseling, energy conservation and welfare or
recreational needs.
(5) Inspections and testing of properties for hazards or defects.
(6) Purchase of insurance.
(7) Purchase of tools.
(8) Engineering or design costs.
(9) Technical assistance and training.
(10) Assistance for temporary or permanent improvements that do not
alter environmental conditions and are limited to protection, repair or
restoration activities necessary only to control or arrest the effects
from disasters or imminent threats to public safety including those
resulting from physical deterioration.
(11) Tenant-based rental assistance.
(12) Supportive services including, but not limited to, health
care, housing services, permanent housing placement, day care,
nutritional services, short-term payments for rent/mortgage/utility
costs, and assistance in gaining access to local, State, and Federal
government benefits and services.
(13) Operating costs including maintenance, security, operation,
utilities, furnishings, equipment, supplies, staff training and
recruitment and other incidental costs; however, in the case of
equipment, compliance with Sec. 50.4(b)(1) is required.
(14) Economic development activities, including but not limited to,
equipment purchase, inventory financing, interest subsidy, operating
expenses and similar costs not associated with construction or
expansion of existing operations; however, in the case of equipment
purchase, compliance with Sec. 50.4(b)(1) is required.
(15) Activities to assist homeownership of existing dwelling units,
including closing costs and down payment assistance to home buyers,
interest buydowns and similar activities that result in the transfer of
title to a property; however, compliance with Secs. 50.4 (b)(1) and
(c)(1) and 51.303(a)(3) is required.
(16) Housing pre-development costs including legal, consulting,
developer and other costs related to site options, project financing,
administrative costs and fees for loan commitments, zoning approvals,
and other related activities which do not have a physical impact.
(17) HUD's endorsement of one-to-four family mortgage insurance
under the Direct Endorsement program and HUD's acceptance for insurance
of loans under Title I of the National Housing Act; however, compliance
with Secs. 50.4 (b)(1) and (c)(1) and 51.303(a)(3) is required.
(18) HUD's endorsement of one-to-four family mortgage insurance for
proposed construction under Improved Area processing; however, the
Appraiser/Review Appraiser Checksheet (Form HUD-54891) must be
completed.
(19) Activities of the Government National Mortgage Association
under Title III of the National Housing Act (12 U.S.C. 1716 et seq.).
(20) Activities under the Interstate Land Sales Full Disclosure Act
(15 U.S.C. 1701 et seq.).
(21) Refinancing of HUD-insured mortgages that will not allow new
construction or rehabilitation, nor result in any physical impacts or
changes except for routine maintenance; however, compliance with
Sec. 50.4(b)(1) is required.
(22) Approval of the sale of a HUD-held mortgage.
(23) Approval of the foreclosure sale of a property with a HUD-held
mortgage; however, appropriate restrictions will be imposed to protect
historic properties.
(c)(1) Approval of policy documents that do not direct, provide for
assistance or loan and mortgage insurance for, or otherwise govern or
regulate property acquisition, disposition, lease, rehabilitation,
alteration, demolition, or new construction, or set out or provide for
standards for construction or construction materials, manufactured
housing, or occupancy;
(2) Approval of policy documents that amend a previous document
where the underlying document as a whole would not fall within the
exclusion but the amendment by itself would do so;
(3) Approval of policy documents that set out fair housing or
nondiscrimination standards or provide for assistance in promoting or
enforcing fair housing or nondiscrimination;
(4) Approval of handbooks, notices and other documents that provide
operating instructions and procedures in connection with activities
under a Federal Register document that has previously been subject to a
required environmental review.
(5) Approval of a Notice of Funding Availability (NOFA) that
provides funding under, and does not alter environmental requirements
of, a regulation or program guideline that was previously published in
the Federal Register, provided that the NOFA specifically refers to the
environmental review provisions of the regulation or guideline.
(6) Statutorily required and/or discretionary establishment and
review of interest rates, loan limits, building cost limits, prototype
costs, fair market rent schedules, HUD-determined prevailing wage
rates, and similar rate and cost determinations and related external
administrative or fiscal requirements or procedures which do not
constitute a development decision that affects the physical condition
of specific project areas or building sites.
[[Page 50920]]
Sec. 50.20 Categorical exclusions subject to the Federal laws and
authorities cited in Sec. 50.4.
(a) The following actions, activities and programs are
categorically excluded from the NEPA requirements of this part. They
are not excluded from individual compliance requirements of other
environmental statutes, Executive orders and HUD standards cited in
Sec. 50.4, where appropriate. Form HUD-4128 shall be used to document
compliance. Where the responsible official determines that any item
identified below may have an environmental effect because of
extraordinary circumstances (40 CFR 1508.4), the requirements of NEPA
shall apply (see paragraph (b) of this section).
(1) Special projects directed to the removal of material and
architectural barriers that restrict the mobility of and accessibility
to elderly and persons with disabilities.
(2) Rehabilitation of structures when the following conditions are
met:
(i) In the case of residential buildings, the unit density is not
changed more than 20 percent;
(ii) The project does not involve changes in land use (from non-
residential to residential or from residential to non-residential); and
(iii) The estimated cost of rehabilitation is less than 75 percent
of the total estimated cost of replacement after rehabilitation.
(3) An individual action on a one- to four-family dwelling or an
individual action on a project of five or more units developed on
scattered sites when the sites are more than 2,000 feet apart and there
are not more than four units on any one site.
(4) Acquisition or disposition of, or equity loans on, an existing
structure.
(5) Purchased or refinanced housing and medical facilities under
section 223(f) of the National Housing Act (12 U.S.C. 1715n).
(6) Mortgage prepayments or plans of action (including incentives)
under 24 CFR part 248.
(b) For categorical exclusions having the potential for significant
impact because of extraordinary circumstances, HUD must prepare an EA
in accordance with subpart E. If it is evident without preparing an EA
that an EIS is required pursuant to Sec. 50.42, HUD should proceed
directly to the preparation of an EIS in accordance with subpart F.
Sec. 50.21 Aggregation.
Activities which are geographically related and are logical parts
of a composite of contemplated HUD projects shall be evaluated
together.
Sec. 50.22 Environmental management and monitoring.
An Environmental Management and Monitoring Program shall be
established prior to project approval when it is deemed necessary by
the HUD approving official. The program shall be part of the approval
document and must:
(a) Be concurred in by the Field Environmental Clearance Officer
(FECO) (in the absence of a FECO, by the Program Environmental
Clearance Officer in Headquarters) and any cooperating agencies;
(b) Contain specific standards, safeguards and commitments to be
completed during project implementation;
(c) Identify the staff who will be responsible for the post-
approval inspection; and
(d) Specify the time periods for conducting the evaluation and
monitoring the applicant's compliance with the project agreements.
Sec. 50.23 Public participation.
HUD shall inform the affected public about NEPA-related hearings,
public meetings, and the availability of environmental documents (see
40 CFR 1506.6(b)) in accordance with this section. Where project
actions result in a FONSI, the FONSI will be available in the project
file. The local HUD field office may be contacted by persons who wish
to review the FONSI. In all cases, HUD shall mail notices to those who
have requested them. Additional efforts for involving the public in
specific notice or compliance requirements shall be made in accord with
the implementing procedures of the laws and authorities cited in
Sec. 50.4. Notices pertaining to an EIS or an amendment to an EIS or a
FONSI subject to Sec. 50.34 shall be given to the public in accordance
with paragraphs (a) through (d) of this section.
(a) A NOI/EIS shall be forwarded to the AS/CPD to the attention of
the Departmental Environmental Clearance Officer for publication in the
Federal Register.
(b) Notices will be bilingual if the affected public includes a
significant portion of non-English speaking persons and will identify a
date when the official public involvement element of the proposed
action is to be completed and HUD internal processing is to continue.
(c) All required notices shall be published in an appropriate local
printed news medium, and sent to individuals and groups known to be
interested in the proposed action.
(d) All notices shall inform the public where additional
information may be obtained.
Sec. 50.24 HUD review of another agency's EIS.
Where another agency's EIS is referred to the HUD Field Office in
whose jurisdiction the project is located, the Field Environmental
Clearance Officer shall determine whether HUD has an interest in the
EIS and, if so, will review and comment. Any EIS received from another
Federal agency requesting comment on legislative proposals,
regulations, or other policy documents shall be sent to the AS/CPD for
comment, and the AS/CPD shall provide the General Counsel the
opportunity for comment.
Subpart E--Environmental Assessments and Related Reviews
Sec. 50.31 The EA.
(a) Form HUD-4128--Environmental Assessment and Compliance Findings
for the Related Laws--is the EA form to be used for analysis and
documentation by HUD for projects and activities under subpart E. The
Departmental Environmental Clearance Officer shall approve the issuance
of equivalent formats, if Form HUD-4128 does not meet specific program
needs.
(b) The program representative shall obtain interdisciplinary
assistance from professional experts and other HUD staff as needed.
Additional information may also be requested of the sponsor/applicant.
HUD is responsible for assessing and documenting the extent of the
environmental impact.
Sec. 50.32 Responsibility for environmental processing.
The program staff in the HUD office responsible for processing the
project application or recommending a policy action is responsible for
conducting the compliance finding, EA, or EIS. The collection of data
and studies as part of the information contained in the environmental
review may be done by an applicant or the applicant's contractor. The
HUD program staff may use any information supplied by the applicant or
contractor, provided HUD independently evaluates the information, will
be responsible for its accuracy, supplements the information, if
necessary, to conform to the requirements of this part, and prepares
the environmental finding. Assessments for projects over 200 lots/
dwelling units or beds shall be sent to the Field Environmental
Clearance Officer (FECO) or, in the absence of a FECO, to the Program
Environmental Clearance
[[Page 50921]]
Officer in Headquarters for review and comment.
Sec. 50.33 Action resulting from the assessment.
(a) A proposal may be accepted without modifications if the EA
indicates that the proposal will not significantly (see 40 CFR 1508.27)
affect the quality of the human environment and a FONSI is prepared.
(b) A proposal may be accepted with modifications provided that:
(1) Changes have been made that would reduce adverse environmental
impact to acceptable and insignificant levels; and
(2) An Environmental Management and Monitoring Program is developed
in accordance with Sec. 50.22 when it is deemed necessary by the HUD
approving official.
(c) A proposal should be rejected if significant and unavoidable
adverse environmental impacts would still exist after modifications
have been made to the proposal and an EIS is not prepared.
(d) A proposal (if not rejected) shall require an EIS if the EA
indicates that significant environmental impacts would result.
Sec. 50.34 Time delays for exceptional circumstances.
(a) Under the circumstances described in this section, the FONSI
must be made available for public review for 30 calendar days before a
final decision is made whether to prepare an EIS and before the HUD
action is taken. The circumstances are:
(1) When the proposed action is, or is closely similar to, one
which normally requires the preparation of an EIS pursuant to
Sec. 50.42(b) but it is determined, as a result of an EA or in the
course of preparation of a draft EIS, that the proposed action will not
have a significant impact on the human environment; or
(2) When the nature of the proposed action is without precedent and
does not appear to require more than an assessment.
(b) In such cases, the FONSI must be concurred in by the AS/CPD and
the Program Environmental Clearance Officer. Notice of the availability
of the FONSI shall be given to the public in accordance with paragraphs
(a) through (d) of Sec. 50.23.
Sec. 50.35 Use of prior environmental assessments.
When other Federal, State, or local agencies have prepared an EA or
other environmental analysis for a proposed HUD project, these
documents should be requested and used to the extent possible. HUD
must, however, conduct the environmental analysis and prepare the EA
and be responsible for the required environmental finding.
Sec. 50.36 Updating of environmental reviews.
The environmental review must be re-evaluated and updated when the
basis for the original environmental or compliance findings is affected
by a major change requiring HUD approval in the nature, magnitude or
extent of a project and the project is not yet complete. A change only
in the amount of financing or mortgage insurance involved does not
normally require the environmental review to be re-evaluated or
updated.
Subpart F--Environmental Impact Statements
Sec. 50.41 EIS policy.
EIS's will be prepared and considered in program determinations
pursuant to the general environmental policy stated in Sec. 50.3 and 40
CFR 1505.2 (b) and (c).
Sec. 50.42 Cases when an EIS is required.
(a) An EIS is required if the proposal is determined to have a
significant impact on the human environment pursuant to subpart E.
(b) An EIS will normally be required if the proposal:
(1) Would provide a site or sites for hospitals or nursing homes
containing a total of 2,500 or more beds; or
(2) Would remove, demolish, convert, or substantially rehabilitate
2,500 or more existing housing units (but not including rehabilitation
projects categorically excluded under Sec. 50.20), or which would
result in the construction or installation of 2,500 or more housing
units, or which would provide sites for 2,500 or more housing units.
(c) When the environmental concerns of one or more Federal
authorities cited in Sec. 50.4 will be affected by the proposal, the
cumulative impact of all such effects should be assessed to determine
whether an EIS is required. Where all of the affected authorities
provide alternative procedures for resolution, those procedures should
be used in lieu of an EIS.
Sec. 50.43 Emergencies.
In cases of national emergency and disasters or cases of imminent
threat to health and safety or other emergency which require the taking
of an action with significant environmental impact, the provisions of
40 CFR 1506.11 and of any applicable Sec. 50.4 authorities which
provide for emergencies shall apply.
Dated: September 19, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-24660 Filed 9-26-96; 8:45 am]
BILLING CODE 4210-32-P
Complete official Federal Register PDF
FR Doc. 96-24585 Delaware; Final Approval of State Underground Storage Tank Program
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50720-50721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24585]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
[FRL-5614-6]
Delaware; Final Approval of State Underground Storage Tank
Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination on Delaware's application for
program approval.
-----------------------------------------------------------------------
SUMMARY: The State of Delaware has applied for approval of its
underground storage tank program under Subtitle I of the Resource
Conservation and Recovery Act (RCRA). The Environmental Protection
Agency (EPA) has reviewed the State of Delaware's application and has
made a final determination that the State of Delaware's underground
storage tank program satisfies all of the requirements necessary to
qualify for approval. Thus, EPA is granting final approval to the State
of Delaware to operate its program.
EFFECTIVE DATE: Program approval for Delaware shall be effective on
October 28, 1996.
FOR FURTHER INFORMATION CONTACT: Joanne T. Cassidy, State Programs
Branch (3HW60), U.S. EPA Region III, 841 Chestnut Building,
Philadelphia, Pennsylvania 19107, (215) 566-3381.
SUPPLEMENTARY INFORMATION:
A. Background
Section 9004 of the Resource Conservation and Recovery Act (RCRA)
authorizes EPA to approve State underground storage tank programs to
operate in the State in lieu of the Federal underground storage tank
(UST) program. To qualify for approval, a State's program must be ``no
less stringent'' than the Federal program in all seven elements set
forth at section 9004(a) (1) through (7) of RCRA, 42 U.S.C. 6991c(a)
(1) through (7), as well as the notification requirements of section
9004(a)(8) of RCRA, 42 U.S.C. 6991c(a)(8) and must provide for adequate
enforcement of compliance with UST standards (section 9004(a) of RCRA,
42 U.S.C. 6991c(a)).
On November 20, 1995, the State of Delaware submitted an official
application for approval to administer its underground storage tank
program. On August 5, 1996, EPA published a tentative decision
announcing its intent to approve Delaware's program. Further background
on the tentative decision to grant approval appears at 61 FR 40592,
(August 5, 1996).
Along with the tentative determination, EPA announced the
availability of the application for public comment and the date of a
public hearing on the application. EPA requested advance notice for
testimony and reserved the right to cancel the public hearing in the
event of insufficient public interest. Since there was no request, the
public hearing was cancelled.
B. Final Decision
I conclude that the State of Delaware's application for program
approval meets all of the statutory and regulatory requirements
established by Subtitle I of RCRA and 40 CFR Part 281. Accordingly,
Delaware is granted approval to operate its underground storage tank
program in lieu of the Federal program.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this action 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), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, 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. The
section 202 and 205 requirements do not apply to today's action because
it is not a ``Federal mandate'' and because it does not impose annual
costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional
[[Page 50721]]
enforceable duties on any State, local or tribal governments or the
private sector because the requirements of the Delaware program are
already imposed by the State and subject to State law. Second, the Act
also generally excludes from the definition of a ``Federal mandate''
duties that arise from participation in a voluntary Federal program.
Delaware's participation in an authorized UST program is voluntary.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector. Costs to State, local and/or tribal governments already exist
under the Delaware program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of state programs generally may reduce, not increase, compliance costs
for the private sector.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, section 203 of the UMRA requires EPA to develop a
small government agency plan. This rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that although small governments may
own and/or operate USTs, they are already subject to the regulatory
requirements under existing State law which are being authorized by
EPA, and, thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act
EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which own and/or operate USTs are already subject
to the regulatory requirements under existing State law which are being
authorized by EPA. EPA's authorization does not impose any additional
burdens on these small entities. This is because EPA's authorization
would simply result in an administrative change, rather than a change
in the substantive requirements imposed on these small entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 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 approves regulatory requirements under existing State law
to which small entities are already subject. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 281
Environmental protection, Administrative practice and procedure,
Hazardous materials, State program approval, and Underground storage
tanks.
Authority: This notice is issued under the authority of Section
9004 of the Resource Conservation and Recovery Act, as amended, 42
U.S.C. 6991c.
Dated: September 13, 1996.
Stanley L. Laskowski,
Regional Administrator.
[FR Doc. 96-24585 Filed 9-26-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-24581 Standards of Ethical Conduct for Employees of the Executive Branch; Exception for Gifts From a Political Organization
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50689-50691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24581]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF GOVERNMENT ETHICS
5 CFR Part 2635
RIN 3209-AA04
Standards of Ethical Conduct for Employees of the Executive
Branch; Exception for Gifts From a Political Organization
AGENCY: Office of Government Ethics (OGE).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Government Ethics is amending the Standards of
Ethical Conduct for Employees of the Executive Branch to conform with
the Hatch Act Reform Amendments of 1993.
[[Page 50690]]
These amendments will thus bring the concerned provisions of the
Standards up-to-date.
DATES: These interim rule amendments are effective September 27, 1996.
Comments are invited and must be received on or before November 26,
1996.
ADDRESSES: Send comments to the Office of Government Ethics, Suite 500,
1201 New York Avenue, NW., Washington, DC 20005-3917, Attention: Stuart
D. Rick.
FOR FURTHER INFORMATION CONTACT: Stuart D. Rick, Associate General
Counsel, Office of Government Ethics; telephone: 202-208-8000; FAX:
202-208-8037; Internet E-mail address: [email protected] (for E-mail
messages, the subject line should include the following reference--
Standards Exception/Political Organization Gifts).
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, the Office of Government Ethics published the
Standards of Ethical Conduct for Employees of the Executive Branch (the
Standards) for codification at 5 CFR part 2635. See 57 FR 35006-35067,
as corrected at 57 FR 48557, 57 FR 52583, and 60 FR 51667, with
additional grace period extensions for certain existing provisions at
59 FR 4779-4780, 60 FR 6390-6391, and 60 FR 66857-66858. The Standards,
which took effect on February 3, 1993, set uniform ethical conduct
standards applicable to all executive branch personnel.
Subpart B of the Standards, which contains regulations implementing
the gift restrictions contained in 5 U.S.C. 7353 and section 101(d) of
Executive Order 12674, as modified by E.O. 12731, includes an exception
for benefits provided by certain sources in connection with political
activities permitted by the Hatch Act. Subpart H of the Standards,
which contains regulations relating to the outside activities of
employees, includes a note explaining that fundraising permitted by the
Hatch Act is not prohibited by the Standards, and includes a reference
to the Hatch Act in a list of statutes and regulations applicable to
outside activities.
The Hatch Act, at 5 U.S.C. 7321 et seq., for many years governed
the political activities of executive branch employees. Until recently,
the Hatch Act provided that the only executive branch employees who
were permitted to take an active part in political management or
political campaigns were: an employee paid from the appropriation for
the office of the President; the head or the assistant head of an
Executive department or military department; and an employee appointed
by the President, by and with the advice and consent of the Senate, who
determines policies to be pursued by the United States in its relations
with foreign powers or in the nationwide administration of Federal
laws. Those exceptions to the Hatch Act's coverage were codified at 5
U.S.C. 7324(d).
Under the Hatch Act Reform Amendments of 1993, Public Law 103-94,
all executive branch employees, with the exception of employees in
certain agencies and positions listed at 5 U.S.C. 7323(b) and members
of the uniformed services, may take an active part in political
management or political campaigns. However, no employee may knowingly
solicit, accept, or receive a political contribution from any person
except under limited circumstances. 5 U.S.C. 7323(a)(2). The Hatch Act
Reform Amendments of 1993 went into effect on February 3, 1994. See
also the regulations thereunder of the Office of Personnel Management,
at 5 CFR 734.401 (as modified at 61 FR 35101) for a list of the
agencies and positions in which employees are still subject to
political activity restrictions.
II. Analysis of the Regulations
The following sections of 5 CFR part 2635 are being amended to
conform with the Hatch Act Reform Amendments of 1993. The Office of
Government Ethics has consulted with the Department of Justice and the
Office of Personnel Management on these interim rule amendments.
Section 2635.204(f)
Section 2635.204 of the Standards sets forth exceptions to the gift
prohibition in Sec. 2635.202(a), which provides that, in the absence of
an exception, an employee shall not directly or indirectly solicit or
accept a gift from a ``prohibited source,'' as that term is defined at
5 CFR 2635.203(d), or a gift that is ``[g]iven because of the
employee's official position,'' as that term is defined at 5 CFR
2635.203(e).
One of several exceptions set forth in Sec. 2635.204 is the
exception at Sec. 2635.204(f), by which ``[a]n employee who is exempt
under 5 U.S.C. 7324(d) from the Hatch Act prohibitions against active
participation in political management or political campaigns may accept
meals, lodgings, transportation and other benefits, including free
attendance at events, when provided, in connection with such active
participation, by a political organization described in 26 U.S.C.
527(e).'' In order to reflect the redefined class of executive branch
employees who, pursuant to the Hatch Act Reform Amendments of 1993, may
take an active part in political management or political campaigns, and
to permit those employees to accept from a political organization
meals, lodgings, transportation and other benefits, including free
attendance at events, when provided in connection with their active
participation in political management or political campaigns, the
reference in Sec. 2635.204(f) to prior 5 U.S.C. 7324(d), now
superseded, is being replaced with a reference to current 5 U.S.C. 7323
as revised. In addition, the exception and the example following it are
being reworded to reflect the thrust of the Hatch Act, as amended, to
permit political activities rather than prohibit them.
Section 2635.801(d)(7)
Section 2635.801(d) of the Standards lists the Hatch Act among
other statutes and regulations applicable to employees' outside
employment or other outside activities. The brief reference to the
Hatch Act in this section, at 5 CFR 2635.801(d)(7), is being replaced
with a reference to the Hatch Act Reform Amendments.
Section 2635.808(a)(2)
Section 2635.808 of the Standards describes the circumstances under
which an employee may engage in fundraising. For purposes of
Sec. 2635.808, ``fundraising'' means ``the raising of funds for a
nonprofit organization, other than a political organization as defined
in 26 U.S.C. 527(e) * * *.'' 5 CFR 2635.808(a)(1). Accordingly, a note
following Sec. 2635.808(a)(2) explains that Sec. 2635.808 does not
prohibit fundraising for political parties, but that such fundraising
may be prohibited by other authorities, including the Hatch Act for
employees ``other than those exempt under 5 U.S.C. 7324(d),'' and the
restrictions on political solicitations in title 18 of the U.S. Code.
The note is being reworded to refer employees to the restrictions
in the Hatch Act Reform Amendments, at 5 U.S.C. 7323(a)(2), on the
solicitation, acceptance, or receipt of political contributions. In
addition, the note is being reworded for clarity and to reflect changes
made by the Hatch Act Reform Amendments to the restrictions on
political solicitations in title 18 of the U.S. Code.
III. Matters of Regulatory Procedure
Administrative Procedure Act
Pursuant to 5 U.S.C. 553 (b) and (d), as Director of the Office of
Government
[[Page 50691]]
Ethics, I have found that good cause exists for waiving the general
requirements of notice of proposed rulemaking and 30-day delayed
effective date for these interim rule Standards amendments. These
requirements are being waived because it is in the public interest that
these interim rule amendments, reflecting the broader class of
executive branch employees who can engage in certain permitted
political activities under the Hatch Act Reform Amendments be effective
as soon as possible. Any comments received will be considered before
OGE eventually adopts this interim final provision in a final rule.
Executive Order 12866
In promulgating these interim rule amendments, the Office of
Government Ethics has adhered to the regulatory philosophy and the
applicable principles of regulation set forth in section 1 of Executive
Order 12866, Regulatory Review and Planning. These amendments have 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 amendatory
rule will not have a significant economic impact on a substantial
number of small entities because it primarily affects Federal executive
branch employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply
because these amendments do not contain information collection
requirements that require the approval of the Office of Management and
Budget.
List of Subjects in 5 CFR Part 2635
Conflict of interests, Executive branch standards of conduct,
Government employees, Political activities (Government employees).
Approved: July 26, 1996.
Stephen D. Potts,
Director, Office of Government Ethics.
Accordingly, for the reasons set forth in the preamble, the Office
of Government Ethics is amending part 2635 of subchapter B of chapter
XVI of title 5 of the Code of Federal Regulations as follows:
PART 2635--[AMENDED]
1. The authority citation for part 2635 continues to read as
follows:
Authority: 5 U.S.C. 7351, 7353; 5 U.S.C. App. (Ethics in
Government Act of 1978); 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 B--Gifts From Outside Sources
2. Section 2635.204 is amended by revising paragraph (f) and the
example following it, to read as follows:
Sec. 2635.204 Exceptions.
* * * * *
(f) Gifts in connection with political activities permitted by the
Hatch Act Reform Amendments. An employee who, in accordance with the
Hatch Act Reform Amendments of 1993, at 5 U.S.C. 7323, may take an
active part in political management or in political campaigns, may
accept meals, lodgings, transportation and other benefits, including
free attendance at events, when provided, in connection with such
active participation, by a political organization described in 26
U.S.C. 527(e). Any other employee, such as a security officer, whose
official duties require him to accompany an employee to a political
event may accept meals, free attendance and entertainment provided at
the event by such an organization.
Example 1: The Secretary of the Department of Health and Human
Services may accept an airline ticket and hotel accommodations
furnished by the campaign committee of a candidate for the United
States Senate in order to give a speech in support of the candidate.
* * * * *
Subpart H--Outside Activities
3. Section 2635.801 is amended by revising paragraph (d)(7) to read
as follows:
Sec. 2635.801 Overview.
* * * * *
(d) * * *
(7) The Hatch Act Reform Amendments, 5 U.S.C. 7321 through 7326,
which govern the political activities of executive branch employees;
* * * * *
4. Section 2635.808 is amended by revising the note following
paragraph (a)(2) to read as follows:
Sec. 2635.808 Fundraising activities.
* * * * *
(a) * * *
(2) * * *
Note: This section does not prohibit fundraising for a political
party, candidate for partisan political office, or partisan
political group. However, there are statutory restrictions that
apply to political fundraising. For example, under the Hatch Act
Reform Amendments of 1993, at 5 U.S.C. 7323(a), employees may not
knowingly solicit, accept, or receive a political contribution from
any person, except under limited circumstances. In addition,
employees are prohibited by 18 U.S.C. 607 from soliciting or
receiving political contributions in Federal offices, and, except as
permitted by the Hatch Act Reform Amendments, are prohibited by 18
U.S.C. 602 from knowingly soliciting political contributions from
other employees.
* * * * *
[FR Doc. 96-24581 Filed 9-26-96; 8:45 am]
BILLING CODE 6345-01-P
Complete official Federal Register PDF
FR Doc. 96-24526 Approval and Promulgation of Implementation Plans: Washington and Oregon
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50713-50715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24526]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WA49-1-7122; WA37-1-6853; OR52-1-7267; FRL-5601-6]
Approval and Promulgation of Implementation Plans: Washington and
Oregon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to procedures described in the January 19, 1989
Federal Register, EPA recently approved a number of minor State
Implementation Plan (SIP) revisions submitted by the Washington
Department of Ecology (WDOE) and the Oregon Department of Environmental
Quality (ODEQ). These revisions included; local air pollution control
regulations submitted by WDOE from the Puget Sound Air Pollution
Control Agency (PSAPCA) which adjust civil penalty and registration fee
amounts to cover program costs and which update delegations for Federal
New Source Performance Standards (NSPS) and National Emission Standard
for Hazardous Air Pollutants (NESHAPS); the repeal of two WDOE
regulations which have no adverse impact on air quality; and a revision
from ODEQ to better define existing air quality control regions and
nonattainment and maintenance areas of Oregon (the revision did not
change any existing boundaries). This document lists the revisions EPA
approved and incorporates the relevant material into the Code of
Federal Regulations.
EFFECTIVE DATE: September 27, 1996.
ADDRESSES: Copies of Washington's and Oregon's State SIP revision
requests and EPA's letter notices of approval are available for public
inspection during normal business hours at the following locations:
EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue, Seattle, WA
98101; WDOE, 300 Desmond Drive, Lacey, WA 98504-8711; and ODEQ, 811 SW
6th Ave., Portland, OR 97204-1390.
FOR FURTHER INFORMATION CONTACT: Montel Livingston, Office of Air
Quality, EPA, Seattle, WA, (206) 553-0180.
SUPPLEMENTARY INFORMATION: EPA Region 10 has approved the following
minor SIP revision requests under section 110(a) of the Act:
------------------------------------------------------------------------
Date of Date of
State Subject matter submission approval
------------------------------------------------------------------------
WA............ Amendment to SIP 12-27-95 1-25-96
affecting PSAPCA's
regulation I and
regulation II--adjusts
civil penalty and
registration fee
amounts for inflation,
and updates delegation
of federal NSPS and
NESHAPS.
WA............ Amendment to SIP to 1-26-95 3-20-96
repeal two state
regulations: Chapter
173-402 and Chapter 173-
440.
OR............ Amendment to SIP which 9-20-95 2-29-96
better defines the air
quality control regions
and nonattainment and
maintenance areas of
Oregon.
------------------------------------------------------------------------
[[Page 50714]]
The repeal request from WDOE affected two state regulations,
Chapter 173-402 WAC Civil Sanctions under Washington Clean Air Act, and
Chapter 173-440 WAC Sensitive Areas. The repeal of Chapter 173-402 WAC
did not affect the state of the law, and the repeal of Chapter 173-440
WAC did not have an adverse impact on air quality as a result of
emission increases at affected wigwam burners.
EPA has determined that each of these SIP revisions complies with
all applicable requirements of the Act and EPA policy and regulations
concerning such revisions. Due to the minor nature of these revisions,
EPA concluded that conducting notice-and-comment rulemaking prior to
approving the revisions would have been ``unnecessary and contrary to
the public interest,'' and hence, was not required by the
Administrative Procedure Act, 5 U.S.C. section 553(b). Each of these
SIP approvals became final and effective on the date of EPA approval as
listed in the chart above.
Administrative Requirements
Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), 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
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.
EPA has determined that the approval action promulgated 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.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Petitions for Judicial Review
Under section 307(b)(1) of the Act, as amended, judicial review of
this action is available only by filing a petition for review in the
United States Court of Appeals for the appropriate circuit by November
26, 1996. These actions may not be challenged later in proceedings to
enforce their requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Particulate
matter, Reporting and recordkeeping requirements.
Dated: August 15, 1996.
Charles Findley,
Acting Regional Administrator.
Note: Incorporation by reference of the Implementation Plans for
the States of Washington and Oregon were approved by the Director of
the Office of Federal Register on July 1, 1982.
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart WW--Washington
2. Section 52.2470 is amended by adding paragraph (c)(64) to read
as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(c) * * *
(64) Minor revisions consisting of amended regulations affecting
WDOE and a local air agency, PSAPCA, were submitted to EPA from WDOE
for inclusion into the Washington SIP.
(i) Incorporation by Reference.
(A) Letters dated January 26, 1995 and December 27, 1995 from the
Director of the WDOE to the EPA Regional Administrator which included
deletion of two regulations from the Washington SIP (Chapter 173-402
WAC Civil Sanctions under Washington Clean Air Act, and Chapter 173-440
WAC Sensitive Areas), adopted on February 1, 1995, and the following
revisions to PSAPCA's regulations for inclusion into the SIP:
Regulation I, Section 3.11 Civil Penalties, Section 5.07 Registration
Fees, and Section 5.11 Registration of Oxygenated Gasoline Blenders;
and Regulation III, Section 1.01 Policy, all adopted on September 14,
1995.
Subpart MM--Oregon
2. Section 52.1970 is amended by adding paragraph (c)(115) to read
as follows:
Sec. 52.1970 Identification of plan.
* * * * *
(c) * * *
(115) A minor revision consisting of clarification of existing air
quality control regions and nonattainment and
[[Page 50715]]
maintenance areas of Oregon (the revision did not change any existing
boundaries) was submitted to EPA from ODEQ for inclusion into the
Oregon SIP.
(i) Incorporation by Reference.
(A) Letter dated September 20, 1995 from the Director of the ODEQ
to the EPA Regional Administrator submitting a revision to better
define Oregon's existing air quality boundaries found in State
regulations OAR 340-23-065 through 340-23-075 (Rules for Open Burning),
OAR 340-31-120 (Air Pollution Control Standards for Air Purity and
Quality), and OAR 340-31-500 through 340-31-530 (The Air Quality
Control Regions and Nonattainment and Maintenance Areas of Oregon),
effective May 25, 1995.
[FR Doc. 96-24526 Filed 9-26-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-24524 Approval and Promulgation of Air Quality Implementation Plans; Maryland 1990 Base Year Emission Inventory
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50715-50718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24524]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MD033-7157a; FRL-5603-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland 1990 Base Year Emission Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Maryland State
Implementation Plan (SIP) which pertains to the 1990 base year emission
inventory for the marginal and severe ozone nonattainment areas within
the state. The ozone nonattainment areas consist of the counties of
Cecil, Ann Arundel, Baltimore City, Baltimore, Carroll, Harford, and
Howard (all severe); Queen Anne's and Kent (both marginal). The SIP was
submitted by the Maryland Department of the Environment (MDE) for the
purpose of establishing the 1990 baseline emissions contributing to the
ozone nonattainment problems in Maryland. This action is being taken
under section 110 of the Clean Air Act.
DATES: This action is effective November 26, 1996 unless notice is
received on or before October 28, 1996 that adverse or critical
comments will be submitted. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to David Arnold, Section Chief,
Ozone/CO & Mobile Sources Section, Mailcode 3AT21, Environmental
Protection Agency, Region III, 841 Chestnut Building, Philadelphia,
Pennsylvania 19107. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
Air, Radiation, and Toxics Division, Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107;
the Air and Radiation Docket and Information Center, Environmental
Protection Agency, 401 M Street, SW., Washington, DC. 20460; and
Maryland Department of the Environment, 2500 Broening Highway,
Baltimore, Maryland 21224.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 566-2182, at the
EPA Region III office, or via e-mail at [email protected].
While information may be requested via e-mail, comments must be
submitted in writing to the above Region III address.
SUPPLEMENTARY INFORMATION:
Background
Under the 1990 Clean Air Act Amendments (CAAA), states have the
responsibility to inventory emissions contributing to NAAQS
nonattainment, to track these emissions over time, and to ensure that
control strategies are being implemented that reduce emissions and move
areas towards attainment. The CAAA requires ozone nonattainment areas
designated as moderate, serious, severe, and extreme to submit a plan
within three years of 1990 to reduce VOC emissions by 15 percent within
six years after 1990 (15% plan). The baseline level of emissions, from
which the 15 percent reduction is calculated, is determined by
adjusting the 1990 base year inventory to exclude biogenic emissions
and to exclude certain emission reductions not creditable towards the
15% plan. The 1990 base year emission inventory is the primary
inventory from which the periodic inventory, the Reasonable Further
Progress (RFP) projection inventory, and the modeling inventory are
derived. Further information on these inventories and their purpose can
be found in the ``Emission Inventory Requirements for Ozone State
Implementation Plans,'' Environmental Protection Agency, Office of Air
Quality Planning and Standards, Research Triangle Park, North Carolina,
March 1991. The 1990 base year inventory may also serve as part of
statewide inventories for purposes of regional modeling in transport
areas. The 1990 base year inventory plays an important role in modeling
demonstrations for areas classified as moderate and above that are
located outside transport regions.
The air quality planning requirements for marginal to extreme ozone
nonattainment areas are set out in section 182(a)-(e) of Title I of the
CAAA. EPA has issued a General Preamble describing EPA's preliminary
views on how EPA intends to review SIP revisions submitted under Title
I of the CAAA, including requirements for the preparation of the 1990
base year inventory [see 57 FR 13502; April 16, 1992 and 57 FR 18070;
April 28, 1992]. Because EPA is describing its interpretations here
only in broad terms, the reader should refer to the General Preamble
for a more detailed discussion of the interpretations of Title I
advanced in today's proposal and the supporting rationale. In today's
rulemaking action on the Maryland ozone 1990 base year emissions
inventory, EPA is applying its interpretations taking into
consideration the specific factual issues presented.
Those states containing ozone nonattainment areas classified as
marginal to extreme are required under section 182(a)(1) of the CAAA to
submit a final, comprehensive, accurate, and current inventory of
actual ozone season, weekday emissions from all sources by November 15,
1992. This inventory is for calendar year 1990 and is denoted as the
1990 base year inventory. It includes both anthropogenic and biogenic
sources of volatile organic compound (VOC), nitrogen oxides (NOX),
and carbon monoxide (CO). The inventory is to address actual VOC,
NOX, and CO emissions for the area during the peak ozone season,
which is generally comprised of the summer months. All stationary point
and area sources, as well as highway mobile sources within the
nonattainment area, are to be included in the compilation. Available
guidance for preparing emission inventories is provided in the General
Preamble (57 FR 13498, April 16, 1992).
Criteria for Inventory Approval
There are general and specific components of an acceptable emission
inventory. In general, the state must submit a revision to its SIP and
the emission inventory must meet the minimum requirements for reporting
by source category. Specifically, the source requirements are detailed
below.
The Level I and II review process is used to determine that all
components of the base year inventory are present. The review also
evaluates the level of supporting documentation provided by the state
and assesses whether the emissions were developed according to current
EPA guidance. The data quality is also evaluated.
The Level III review process is outlined here and consists of 10
points that the inventory must include. For a base year emission
inventory to be
[[Page 50716]]
acceptable it must pass all of the following acceptance criteria:
1. An approved Inventory Preparation Plan (IPP) must be provided
and the Quality Assurance (QA) program contained in the IPP must be
performed and its implementation documented.
2. Adequate documentation must be provided that enables the
reviewer to determine the emission estimation procedures and the data
sources used to develop the inventory.
3. The point source inventory must be complete.
4. Point source emissions must be prepared or calculated according
to the current EPA guidance.
5. The area source inventory must be complete.
6. The area source emissions must be prepared or calculated
according to the current EPA guidance.
7. Biogenic emissions must be prepared according to current EPA
guidance or another approved technique.
8. The method (e.g., HPMS or a network transportation planning
model) used to develop VMT estimates must follow EPA guidance, which is
detailed in the document, ``Procedures for Emission Inventory
Preparation, Volume IV: Mobile Sources,'' U.S. Environmental Protection
Agency, Office of Mobile Sources and Office of Air Quality Planning and
Standards, Ann Arbor, Michigan, and Research Triangle Park, North
Carolina, December 1992. The VMT development methods must be adequately
described and documented in the inventory report.
9. The MOBILE model (or EMFAC model for California only) must be
correctly used to produce emission factors for each of the vehicle
classes.
10. Non-road mobile emissions must be prepared according to current
EPA guidance for all of the source categories.
The base year emission inventory is approvable if it passes Levels
I, II, and III of the review process. Detailed Levels I and II review
procedures can be found in the following document; ``Quality Review
Guidelines for 1990 Base Year Emission Inventories,'' Environmental
Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, NC, July 27, 1992. Level III review procedures
are specified in a memorandum from David Mobley and G. T. Helms to the
Regions, ``1990 O3/CO SIP Emission Inventory Level III Acceptance
Criteria'', October 7, 1992 and revised in a memorandum from John Seitz
to the Regional Air Directors, Emission Inventory Issues, dated June
24, 1993.
State Submittal
Maryland Department of the Environment (MDE) submitted a revision
to the Maryland SIP on March 21, 1994. The SIP revision consists of
1990 base year emission inventories for the ozone nonattainment areas
within the state. In accordance with the requirements of 40 CFR 51.102,
public hearings concerning the SIP revision were held on November 4, 8,
9, and 10, 1993 in Westminster, Perryville, Baltimore, and Annapolis,
respectively; November 18, 22, and 30, 1993 in Frederick, Prince
Frederick, and Silver Spring, respectively.
The Maryland SIP revision was reviewed by EPA to determine
completeness shortly after its submittal, in accordance with the
completeness criteria set out at 40 CFR Part 51, Appendix V (1991), as
amended by 57 FR 42216 (August 26, 1991). Maryland SIP submittal was
found to be complete on June 1, 1994.
EPA Analysis
Based on EPA's level III review findings, Maryland has satisfied
all of EPA's requirements for providing a comprehensive, accurate, and
current inventory of actual emissions in the ozone nonattainment areas.
A summary of EPA's level III findings is given below.
1. The IPP and QA programs was approved by EPA and implemented on
August 11, 1992.
2. The documentation was adequate for all emission types
(stationary point, area, non-road mobile, on-road mobile and biogenic
sources) for the reviewer to determine the estimation procedures and
data sources used to develop the inventory.
3. The point source inventory was found to be complete.
4. The point source emissions were estimated according to EPA
guidance.
5. The area source inventory was found to be complete.
6. The area source emissions were estimated according to EPA
guidance.
7. The biogenic source emissions were estimated using the Biogenic
Emission Inventory System (PC-BEIS) in accordance with EPA guidance.
8. The method used to develop VMT estimates was adequately
described and documented.
9. The mobile model was used correctly.
10. The non-road mobile emission estimates were correctly prepared
in accordance with EPA guidance.
Thus, EPA has determined that Maryland's submittal meets the
essential reporting and documentation requirements for an emission
inventory.
A summary of the emission inventories broken down by point, area,
biogenic, on-road, and non-road mobile sources are presented in the
tables below.
----------------------------------------------------------------------------------------------------------------
Point On-road Non-road
NAA Area source source mobile mobile Biogenic Total
emissions emissions emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
Baltimore Non-Attainment Area Ozone Season Emissions in Tons Per Day
----------------------------------------------------------------------------------------------------------------
VOC............................... 127.09 40.33 131.50 45.15 180.09 524.16
NOX............................... 10.60 231.31 161.20 71.58 N/A 474.69
CO................................ 31.92 376.43 1,182.20 345.36 N/A 1,935.91
----------------------------------------------------------------------------------------------------------------
Kent/Queen Anne's County Ozone Season Emissions in Tons Per Day
----------------------------------------------------------------------------------------------------------------
VOC............................... 9.69 0.24 6.60 3.45 70.71 90.69
NOX............................... 0.72 0.00 7.30 1.77 N/A 9.79
CO................................ 3.12 0.00 54.10 19.43 N/A 76.65
----------------------------------------------------------------------------------------------------------------
Cecil County Ozone Season Emissions in Tons Per Day
----------------------------------------------------------------------------------------------------------------
VOC............................... 9.23 0.55 7.20 2.02 32.96 51.96
NOX............................... 1.10 0.00 9.30 2.50 N/A 12.90
CO................................ 32.62 0.00 68.70 11.83 N/A 113.15
----------------------------------------------------------------------------------------------------------------
[[Page 50717]]
EPA has determined that the submittal made by the State of Maryland
satisfies the relevant requirements of the CAAA. EPA's detailed review
of the emission inventories are contained in a Technical Support
Document (TSD) which is available, upon request, from the EPA Regional
Office listed in the ADDRESSES section of this notice.
EPA is approving the SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will become
effective November 26, 1996 unless, within 30 days of publication,
adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent notice that will withdraw
the final action. All public comments received will then be addressed
in a subsequent final rule based on this action serving as a proposed
rule. EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective on November 26, 1996.
Final Action
EPA is approving revisions to the Maryland SIP to include the 1990
base year emission inventories for the ozone nonattainment areas within
the state. The inventories consist of point, area, non-road mobile,
biogenics and on-road mobile source emissions for VOC, NOx and CO.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision of any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the state is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the Regional
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIP's on such grounds. Union Electric Co. v.
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), 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.
EPA has determined that the approval action proposed/promulgated
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.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Petitions for Judicial Review
Under section 307(b)(1) of the CAAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 26, 1996. Filing a petition for
reconsideration by the Administrator of this rule does not affect the
finality of this rule for the purposes of judicial review nor does it
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action regarding Maryland emission inventory may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: August 21, 1996.
W. Michael McCabe,
Regional Administrator, Region III.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart V--Maryland
2. Section 52.1075 is added to read as follows:
Sec. 52.1075 1990 Base Year Emission Inventory
EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventories for the Maryland ozone
nonattainment
[[Page 50718]]
areas submitted by the Secretary of Maryland Department of Environment
on March 21, 1994. This submittal consists of the 1990 base year point,
area, non-road mobile, biogenic and on-road mobile source emission
inventories for the following pollutants: volatile organic compounds
(VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).
[FR Doc. 96-24524 Filed 9-26-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-24459 Management Official Interlocks
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50698-50704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24459]
-----------------------------------------------------------------------
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Part 711
Management Official Interlocks
AGENCY: National Credit Union Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NCUA is revising its rules regarding management interlocks
between credit unions and other types of depository institutions. The
final rule, like the current regulation, does not apply when a credit
union shares a management official with another credit union. The final
rule conforms the interlocks rules to recent statutory changes,
modernizes and clarifies the rules, and reduces unnecessary regulatory
burdens where feasible, consistent with statutory requirements.
EFFECTIVE DATE: September 27, 1996.
FOR FURTHER INFORMATION CONTACT: Jeffrey Mooney, Staff Attorney (703/
518-6563), Office of General Counsel, or Kimberly Iverson, Program
Officer (703/518-6375), Office of Examination and Insurance.
SUPPLEMENTARY INFORMATION:
Background
The Depository Institution Management Interlocks Act (12 U.S. C.
3201 et seq.) (Interlocks Act) prohibits certain management interlocks
between depository institutions. The Interlocks Act exempts
interlocking arrangements between two credit unions and therefore, in
the case of credit unions, only restricts interlocks between credit
unions and other depository institutions--banks and savings
associations.
The Riegle Community Development and Regulatory Improvement Act of
1994 (CDRI Act) amended the Interlocks Act by removing NCUA's broad
authority to exempt otherwise impermissible interlocks and replacing it
with the authority to exempt interlocks under more narrow
circumstances. The CDRI Act also required a depository organization
with a ``grandfathered'' interlock to apply for an extension of the
grandfather period if the organization wanted to keep the interlock in
place.
On March 25, 1996, the NCUA Board (Board) published a notice of
proposed rulemaking (proposal) (61 FR 12043) to implement these
statutory changes. In addition, the proposal permitted interlocks
involving two institutions located in the same relevant metropolitan
statistical area (RMSA) if the institutions were not also located in
the same community and if at least one of the institutions had total
assets of less than $20 million. Finally, the proposal streamlined and
clarified NCUA's interlocks rules in various respects.
The Final Rule and Comments Received
NCUA received eight comment letters; four from state leagues, three
from credit unions, and one from a national trade association. Seven of
the eight commenters supported the proposal. The commenter that
objected to the proposal thought the changes were unnecessary. A few
commenters, while supporting the proposal, requested guidance or
suggested changes as discussed later in this preamble. Most of the
provisions in the proposal received either no comments or favorable
comments. Accordingly, NCUA has adopted, with minor modifications, the
changes to the interlocks rules that were set forth in the proposal.
Authority, Purpose, and Scope
This section in NCUA's final rule identifies the Interlocks Act as
the statutory authority for the management interlocks regulation. It
also states that the purpose of the rules governing management
interlocks is to foster competition between unaffiliated institutions.
One commenter asked NCUA to include a statement that ``this part
does not apply to interlocking arrangements between credit unions.''
Language to that effect is provided in section 711.1(c).
Definitions
Anticompetitive Effect
The final rule defines the term ``anticompetitive effect'' to mean
``a monopoly or substantial lessening of competition,'' a definition
derived from the Bank Merger Act (12 U.S.C. 1828(c)). The term
``anticompetitive effect'' is used in the Regulatory Standards
exemption. Under the Regulatory Standards exemption, NCUA may approve a
request for an exemption to the Interlocks Act if, among other things,
the agency finds that continuation of service by the management
official does not produce an anticompetitive effect with respect to the
affected institution.
The statute does not define the term ``anticompetitive effect,''
nor does the legislative history to the CDRI Act point to a particular
definition. The context of the Regulatory Standards exemption suggests
that NCUA should apply the term ``anticompetitive effect'' in a manner
that permits interlocks that present no substantial lessening of
competition. By prohibiting an interlock that would result in a
monopoly or substantial lessening of competition, the definition
preserves the free flow of credit and other financial services that the
Interlocks Act is designed to protect.
Since the term anticompetitive effect is not used by the credit
union industry, NCUA requested comments on whether another definition
would be more appropriate. One commenter suggested that NCUA define
monopoly and substantial lessening of competition by using percentages.
The Board believes a percentage system would be arbitrary and has not
made the suggested change.
Two commenters asked NCUA to clarify what the agency would consider
an anticompetitive effect. The Board anticipates that it will make this
determination on a case-by-case basis. Nevertheless, NCUA will follow
Justice Department guidelines and precedents established by the
financial institution regulators where appropriate.\1\
---------------------------------------------------------------------------
\1\ See e.g., the Office of the Comptroller of the Currency's
(OCC) Bank Merger Competitive Analysis Screen (OCC Advisory Letter
95-4, July 18, 1995); Department of Justice Merger Guidelines (49 FR
26823, June 29, 1984) (applied by the Federal Reserve Board (FRB));
and Federal Deposit Insurance Corporation (FDIC) Statement of
Policy: Bank Merger Transactions (54 FR 39045, Sept. 22, 1989).
---------------------------------------------------------------------------
Area Median Income
The final rule defines ``area median income'' as the median family
income for the metropolitan statistical area (MSA) in which an
institution is located or the statewide nonmetropolitan median family
income if an institution is located outside an MSA. The term ``area
median income'' is used in the definition of ``low- and moderate-income
areas,'' which in turn is used in
[[Page 50699]]
the implementation of the Management Consignment exemption.
Critical
The final rule defines ``critical'' as being ``important to
restoring or maintaining a depository organization's safe and sound
operations.'' The term ``critical'' is used in the Regulatory Standards
exemption. Under that exemption, NCUA must find that a proposed
management official is critical to the safe and sound operations of the
affected institution. 12 U.S.C. 3207(b)(2)(A).
Neither the statute nor its legislative history defines
``critical.'' NCUA is concerned that a narrow interpretation of this
term would nullify the Regulatory Standards exemption. If someone were
``critical'' to the safe and sound operations of an institution only if
the institution would fail but for the service of the person in
question, the exemption would have little relevance, because the
standard would be impossible to meet. Given that Congress clearly
intended for the Regulatory Standards exemption to permit interlocks
under some circumstances, the question thus becomes how to define those
circumstances.
The Board believes that the definition of critical adopted in this
final rule is consistent with the legislative intent by insuring that
only persons of demonstrated expertise and importance to the
institution's safe and sound operations may serve pursuant to a
Regulatory Standards exemption.
One commenter supported the definition as proposed. Two commenters,
however, asked NCUA to clarify when the agency would consider a
management official critical. As discussed below, the Board has
established presumptions to determine when a person is critical to an
institution, therefore, it does not believe further clarification is
necessary.
Depository Institution
The final rule makes no substantive change to the definition of
``depository institution.''
Low- and Moderate-Income Areas
The final rule defines this term as a census tract (or, if an area
is not in a census tract, a block numbering area delineated by the
United States Bureau of the Census) in which the median family income
is less than 100 percent of the area median income. This term is used
in the Management Consignment exemption that permits an otherwise
impermissible interlock if the interlock would improve the provision of
credit to a low- and moderate-income area. The final rule clarifies
that NCUA will evaluate whether an area is low- or moderate-income by
comparing the median family income for the census tract to be helped
(or, if there is no census tract, the block numbering area delineated
by the United States Bureau of the Census) with the area median income.
Income data will be derived from the most recent decennial census.
Management Official
The final rule defines ``management official'' to include a senior
executive officer, a director, a branch manager, a trustee of an
organization under the control of trustees, or any person who has a
representative or nominee serving in such capacity. The definition
excludes (1) a person whose management functions relate either
exclusively to the business of retail merchandising or manufacturing or
principally to business outside the United States of a foreign
commercial bank and (2) a person excluded by section 202(4) of the
Interlocks Act (12 U.S.C. 3201(4)).
The final rule removes the phrase ``an employee or officer with
management functions,'' which appeared in the former rule. In its
place, NCUA has used the term ``senior executive officer'' as defined
by each agency in its regulation pertaining to the prior notice of
changes in senior executive officers, which implement section 212 of
the Federal Credit Union Act (FCU Act) (12 U.S.C. 1790a) as added by
section 914 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (FIRREA) (Pub. L. No. 101-73, 103 Stat. 183).
NCUA has made this change to eliminate the uncertainty and attendant
compliance burden created by the ambiguous term ``management
functions.'' The final rule incorporates specific illustrative examples
already found in NCUA's regulations of positions at depository
organizations that will be treated as senior executive officers. See 12
CFR Sec. 701.14. The Board believes that this definition will allow
depository organizations to identify impermissible interlocks with
greater certainty and thus will enhance compliance.
One commenter asked NCUA to place the text of the definition of
senior executive officer already found in section 701.14 in section
711.2. Another commenter asked NCUA to specifically exclude compliance
officers from the definition of management official.
NCUA has not adopted either suggested change. First, NCUA does not
believe adding the text of section 701.14 to section 711.2 is
necessary. References to other sections are common and do not increase
regulatory burden. Second, while NCUA believes that in most instances a
compliance officer will not be considered a management official, that
determination should be made after the individual's duties and
responsibilities have been evaluated.
Relevant Metropolitan Statistical Area
The final rule, like its predecessor, defines ``RMSA'' as an MSA, a
primary MSA, or a consolidated MSA that is not comprised of designated
primary MSAs. However, the final rule clarifies that this definition
will be used to the extent that the Office of Management and Budget
(OMB) defines and applies the terms MSA, primary MSA, and consolidated
MSA. This change reflects the fact that OMB defines ``consolidated
MSA'' to include two or more primary MSAs. Given that a consolidated
MSA, by OMB's definition, is comprised of primary MSAs, the reference
to a consolidated MSA in the Interlocks Act and NCUA's regulations is
inappropriate. The final rule enables NCUA to implement the statute in
a way that complies with both the spirit and the letter of the
Interlocks Act.
Representative or Nominee
The final rule defines ``representative or nominee'' as someone who
serves as a management official and has an obligation to act on behalf
of someone else. The final rule removes the rest of the definition that
appeared in the former rule, however, and inserts a statement that NCUA
will find that someone has an obligation to act on behalf of someone
else only if there is an agreement (express or implied) to do so. This
change clarifies that the determination of whether someone serves a
representative or nominee will depend on whether there is a basis to
conclude that an agreement exists to act on someone's behalf.
Prohibitions
The former rule prohibited interlocks under three circumstances.
First, no two unaffiliated depository organizations may have an
interlock if they (or their depository institution affiliates) have
depository institution offices in the same community. Second, a
depository organization may not have an interlock with any unaffiliated
depository organization if either depository organization has assets of
$20 million or more and the depository organizations (or depository
institution affiliates of either) have depository institution
[[Page 50700]]
offices in the same RMSA.\2\ Third, if a depository organization has
total assets exceeding $1 billion, it (and its affiliates) may not have
an interlock with any depository organization with total assets
exceeding $500 million (or affiliate thereof), regardless of location.
---------------------------------------------------------------------------
\2\ A ``community'' as that term is defined in the rule is
smaller than an RMSA. There may be several communities in one RMSA.
---------------------------------------------------------------------------
The final rule amends the restriction applicable to institutions
with assets equal to or exceeding $20 million to better conform to the
purposes of the Interlocks Act. Whereas the prior rule prohibited
interlocks in an RMSA if one of the organizations had total assets of
$20 million or more, the final rule applies the RMSA-wide prohibition
only if both organizations have total assets of $20 million or more.
Interlocks within a community involving unaffiliated depository
organizations will continue to be prohibited, regardless of the size of
the organizations.
The Board believes that this change is consistent with both the
language and the intent of the Interlocks Act. While the statute uses
the plural ``depository institutions'' in section 203(1) of the
Interlocks Act (12 U.S.C. 3202(1)), the wording in context is ambiguous
and neither the statute nor its legislative history compels the
conclusion that the interlock must involve two institutions with less
than $20 million in assets before the less restrictive prohibition
applies.
The Interlocks Act seeks to prohibit interlocks that could enable
two institutions to engage in anticompetitive behavior. However, an
institution with total assets of less than $20 million is likely to
derive most of its business from the community in which it is located
and is unlikely to compete with institutions that do not have offices
in that community. Therefore, an interlock involving one institution
with assets under $20 million and another institution with assets of at
least $20 million not in the same community is not likely to lead to
the anticompetitive conduct that the Interlocks Act is designed to
prohibit.
The Board believes that this change will promote rather than
inhibit competition. Expanding the pool of managerial talent for
institutions with assets under $20 million could enhance the ability of
smaller institutions to compete by improving the management of these
institutions.
One commenter objected to the proposed change asserting that it was
unnecessary. For the reasons stated above, NCUA disagrees with the
commenter and has included the changes in the final rule.
Interlocking Relationships Expressly Permitted by Statute
The final rule states the exemptions found in 12 U.S.C. 3204 (1)-
(8). The final rule reorders the exemptions set forth in the current
regulation in order to conform the list of exemptions to the list set
forth in the Interlocks Act.
Regulatory Standards Exemption
The final rule sets forth the requirements that a depository
organization must satisfy in order to obtain a Regulatory Standards
exemption. The rule implements the requirement regarding certification
by allowing a depository organization's board of directors (or the
organizers of a depository organization that is being formed) to
certify to NCUA that no other qualified candidate has been found after
undertaking reasonable efforts to locate qualified candidates who are
not prohibited from service under the Interlocks Act. If read narrowly,
the Interlocks Act could require a depository organization to evaluate
every person in a given locale that might be qualified and interested.
This would create a requirement that, in practice, would be impossible
to satisfy. Given that Congress would not have included an exemption
that would have no practical application, NCUA believes that the
``reasonable efforts'' standard is consistent with the legislative
intent.
The final rule also sets forth a presumption that NCUA will apply
when reviewing an application for a Regulatory Standards exemption.\3\
NCUA will presume that a person is critical to an institution's safe
and sound operations if NCUA also approved that individual under
section 914 of FIRREA and the institution in question either was a
newly chartered institution, failed to meet minimum capital
requirements, or otherwise was in a ``troubled condition'' as defined
in the reviewing agency's section 914 regulation at the time the
section 914 filing was approved.
---------------------------------------------------------------------------
\3\ OCC, FRB, FDIC and the Office of Thrift Supervision also
will presume that an interlock will not have an anticompetitive
effect if it involves institutions that, if merged, would not
trigger a challenge from agencies on competitive grounds. Generally,
the agencies will not object to a merger on competitive grounds if
the post-merger Herfindahl-Hirschman Index (HHI) for the market is
less than 1800 and the merger increases the HHI by 200 points or
less. NCUA will not implement this presumption because there is no
statutory authority for credit unions to merge with other types of
depository institutions, and the typical HHI analysis does not
reflect the shares/deposits held by credit unions, therefore, any
HHI analysis involving credit unions would be meaningless.
---------------------------------------------------------------------------
The final rule also addresses the duration of an interlock
permitted under the Regulatory Standards exemption. The statute does
not require that these interlocks terminate. In light of this open-
ended grant of authority, NCUA has not adopted a specific term for a
permitted exemption. Instead, NCUA may require an institution to
terminate the interlock if NCUA determines that the management official
in question either no longer is critical to the safe and sound
operations of the affected organization or that continued service will
produce an anticompetitive effect. NCUA will provide affected
organizations an opportunity to submit information before they make a
final determination to require termination of an interlock.
Grandfathered Interlocking Relationships--Removed
Section 338(a) of the CDRI Act authorizes NCUA to extend a
grandfathered interlock for an additional five years if the management
official in question satisfies the statutory criteria for obtaining an
extension.
The final rule removes the sections addressing the grandfather
exemption because they are unnecessary and redundant in light of the
statute. NCUA did not receive any requests to extend a grandfathered
interlock, and individuals who wished to extend the grandfather period
had until March 23, 1995 to apply for an exemption.
Management Consignment Exemption
The final rule implements the Management Consignment exemption, set
forth in section 209(c) of the Interlocks Act (12 U.S.C. 3207(c)), by
restating the statutory criteria with three clarifications. First, the
final rule states that NCUA considers a ``newly chartered institution''
to be an institution that has been chartered for less than two years at
the time it files an application for exemption. This standard is
consistent with NCUA's threshold for determining when an institution is
considered newly chartered.
Second, the final rule clarifies that the exemption available for
``minority- and women-owned institutions'' is available for an
institution that is owned either by minorities or women. In analyzing
the exemptions to the Interlocks Act that the federal banking agencies
have approved, the House Conference Report to the CDRI Act (H.R. Conf.
Rep. No. 652, 103d Cong., 2d Sess. 181 (1994)) (Conference Report)
states that the types of institutions that have received
[[Page 50701]]
exemptions include those that are ``owned by women or minorities.''
These exemptions ultimately were codified in the Interlocks Act.
Accordingly, NCUA has concluded that Congress intended the Management
Consignment exemption to assist institutions owned by women and/or by
minorities, but did not intend to require the institution to be owned
by both.
Third, the final rule permits an interlock if the interlock would
strengthen the management of either a newly chartered institution or an
institution that is in an unsafe or unsound condition. Section
209(c)(1)(C) of the Interlocks Act (12 U.S.C. 3207(c)(1)(C)) permits an
exemption if the interlock would ``strengthen the management of newly
chartered institutions that are in an unsafe or unsound condition.''
However, this provision contains what appears on its face to be an
error, given that an exemption limited to situations involving newly
chartered institutions that also are in an unsafe and unsound condition
would have no practical utility. NCUA will not approve an application
for a credit union charter unless the applicant seeking a charter can
demonstrate that the proposed new financial institution will operate in
a safe and sound manner for the foreseeable future. While there may be
an extraordinary instance where a newly chartered institution
immediately experiences unforeseen problems so severe that they
threaten the safety and soundness of that institution, there is nothing
in the legislative history to suggest that Congress intended to limit
the Management Consignment exemption to such rare instances.
Moreover, the legislative history of the CDRI Act suggests that
NCUA is to apply the Management Consignment exemption in cases
involving either newly chartered institutions or institutions that are
in an unsafe or unsound condition. The Conference Report notes that the
federal financial institution regulatory agencies have used their
exemptive authority to grant exemptions in limited cases where
institutions ``are particularly in need of management guidance and
expertise to operate in a safe and sound manner.'' Id. The Conference
Report goes on to state that ``Examples of exceptions permissible under
an agency management official consignment program include improving the
provision of credit to low- and moderate-income areas, increasing the
competitive position of minority- and women-owned institutions, and
strengthening he [sic] management of newly chartered institutions or
institutions that are in an unsafe or unsound condition.'' Id. at 182
(emphasis added).
Finally, Congress used the exemptions in NCUA's current rules as
the model for the Management Consignment exemption. See id. at 181-182.
These exemptions distinguish newly chartered institutions from
institutions that are in an unsafe or unsound condition. The reference
in the CDRI Act's legislative history to the current regulatory
exemptions suggests that Congress intended to codify these exemptions.
For these reasons, NCUA will permit Management Consignment
exemptions if the management official will strengthen either a newly
chartered institution or an institution that is in an unsafe or unsound
condition.
The final rule sets forth two presumptions that NCUA will apply in
connection with an application for an exemption under the Management
Consignment exemption. First, NCUA will presume that an individual is
capable of strengthening the management of an institution that has been
chartered for less than two years if NCUA approved the individual to
serve as a management official of that institution pursuant to section
914 of FIRREA. Second, NCUA will presume that an individual is capable
of strengthening the management of an institution that is in an unsafe
or unsound condition if NCUA approved the individual to serve under
section 914 as a management official of that institution at a time when
the institution was in a ``troubled condition.''
NCUA believes that presumptions of suitability are less valid when
applied to the other Management Consignment exemptions because there is
no reason to conclude that a management official approved under section
914 necessarily will improve the flow of credit to low- and moderate-
income areas or increase the competitive position of minority- or
women-owned institutions. Moreover, the final rule does not contain a
presumption regarding effects on competition, given that this is not a
factor to be considered by NCUA when reviewing an application for a
Management Consignment exemption.
The final rule sets forth the limits on the duration of a
Management Consignment exemption. The Interlocks Act limits a
Management Consignment exemption to two years, with a possible
extension for up to an additional two years if the applicant satisfies
at least one of the criteria for obtaining a Management Consignment
exemption. The final rule implements this limitation by requiring
interested parties to submit an application for an extension at least
30 days before the expiration of the initial term of the exemption and
by clarifying that the presumptions that apply to initial applications
also apply to extension applications.
Change in Circumstances
The final rule provides a 15-month grace period for
nongrandfathered interlocks that become impermissible due to a change
in circumstances. This period may be shortened by NCUA under
appropriate circumstances.
Paperwork Reduction Act
The Board has determined that the requirements of the Paperwork
Reduction Act do not apply.
Executive Order 12612
This final rule, like the current 12 CFR part 711 it would replace,
will apply to all Federally insured credit unions. The Board, pursuant
to Executive Order 12612, has determined, however, that this final rule
will not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among various levels of
government. Further, this final rule will not preempt provisions of
State law or regulations.
Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 605(b)), the regulatory flexibility analysis otherwise
required under section 603 of the RFA (5 U.S.C. 603) is not required if
the head of the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities
and the agency publishes such certification and a succinct statement
explaining the reasons for such certification in the Federal Register
along with its final rule.
Pursuant to section 605(b) of the RFA, the Board hereby certifies
that this rule will not have a significant economic impact on a
substantial number of small entities. The Board expects that this rule
will not (1) Have significant secondary or incidental effects on a
substantial number of small entities or (2) create any additional
burden on small entities. The changes to the exemptions are required by
the Interlocks Act. The Board has added presumptions that will
streamline and simplify the application procedures for obtaining an
exemption from the Interlocks Act prohibitions, and have defined key
terms used in the
[[Page 50702]]
provisions implementing these exemptions in a way that is intended to
eliminate any unnecessary burden. As noted in the preamble discussion
of the changes made by the final rule, the Board has made substantive
changes that will permit more flexibility to institutions with total
assets of less than $20 million, clarified the circumstances under
which someone will be deemed to be a ``representative or nominee,'' and
amended the definition of ``senior management official'' so as to
provide greater clarity and to conform this definition with definitions
of similar terms used in other regulations.
The impact of these changes will be to minimize, to the extent
possible, the costs of complying with this final rule.
List of Subjects in 12 CFR Part 711
Antitrust, Credit unions, Holding companies.
By the National Credit Union Administration Board on September
18, 1996.
Becky Baker,
Secretary of the Board.
For the reasons set out in the preamble, NCUA revises part 711 of
chapter VII of title 12 of the Code of Federal Regulations to read as
follows:
PART 711--MANAGEMENT OFFICIAL INTERLOCKS
Sec.
711.1 Authority, purpose, and scope.
711.2 Definitions.
711.3 Prohibitions.
711.4 Interlocking relationships permitted by statute.
711.5 Regulatory Standards exemption.
711.6 Management Consignment exemption.
711.7 Change in circumstances.
711.8 Enforcement.
Authority: 12 U.S.C. 1757 and 3201-3208.
Sec. 711.1 Authority, purpose, and scope.
(a) Authority. This part is issued under the provisions of the
Depository Institution Management Interlocks Act (Interlocks Act) (12
U.S.C. 3201 et seq).
(b) Purpose. The purpose of the Interlocks Act and this part is to
foster competition by generally prohibiting a management official from
serving two nonaffiliated depository organizations in situations where
the management interlock likely would have an anticompetitive effect.
(c) Scope. This part applies to management officials of federally
insured credit unions. Section 711.4(c) exempts a management official
of a credit union from the prohibitions of the Interlocks Act when the
individual serves as a management official of another credit union.
Therefore, the Interlocks Act prohibitions contained in this part only
apply to a management official of a credit union when that individual
also serves as a management official of another type of depository
organization (usually a bank or thrift).
Sec. 711.2 Definitions.
For purposes of this part, the following definitions apply:
(a) Affiliate. (1) The term affiliate has the meaning given in
section 202 of the Interlocks Act (12 U.S.C. 3201). For purposes of
that section 202, shares held by an individual include shares held by
members of his or her immediate family. ``Immediate family'' means
spouse, mother, father, child, grandchild, sister, brother, or any of
their spouses, whether or not any of their shares are held in trust.
(2) For purposes of section 202(3)(B) of the Interlocks Act (12
U.S.C. 3201(3)(B)), an affiliate relationship involving a depository
institution based on common ownership does not exist if the appropriate
federal supervisory agency determines, after giving the affected
persons the opportunity to respond, that the asserted affiliation was
established in order to avoid the prohibitions of the Interlocks Act
and does not represent a true commonality of interest between the
depository organizations. In making this determination, the appropriate
Federal supervisory agency considers, among other things, whether a
person, including members of his or her immediate family, whose shares
are necessary to constitute the group owns a nominal percentage of the
shares of one of the organizations and the percentage is substantially
disproportionate to that person's ownership of shares in the other
organization.
(b) Anticompetitive effect means a monopoly or substantial
lessening of competition.
(c) Area median income means:
(1) The median family income for the metropolitan statistical area
(MSA), if a depository organization is located in an MSA; or
(2) The statewide nonmetropolitan median family income, if a
depository organization is located outside an MSA.
(d) Community means a city, town, or village, and contiguous or
adjacent cities, towns, or villages.
(e) Contiguous or adjacent cities, towns, or villages means cities,
towns, or villages whose borders touch each other or whose borders are
within 10 road miles of each other at their closest points. The
property line of an office located in an unincorporated city, town, or
village is the boundary line of that city, town, or village for the
purpose of this definition.
(f) Critical means important to restoring or maintaining a
depository organization's safe and sound operations.
(g) Depository holding company means a bank holding company or a
savings and loan holding company (as more fully defined in section 202
of the Interlocks Act (12 U.S.C. 3201) having its principal office
located in the United States.
(h) Depository institution means a commercial bank (including a
private bank), a savings bank, a trust company, a savings and loan
association, a building and loan association, a homestead association,
a cooperative bank, an industrial bank, or a credit union, chartered
under the laws of the United States and having a principal office
located in the United States. Additionally, a United States office,
including a branch or agency, of a foreign commercial bank is a
depository institution.
(i) Depository institution affiliate means a depository institution
that is an affiliate of a depository organization.
(j) Depository organization means a depository institution or a
depository holding company.
(k) District bank means any State bank operating under the Code of
Law of the District of Columbia.
(l) Low- and moderate-income areas means census tracts (or, if an
area is not in a census tract, block numbering areas delineated by the
United States Bureau of the Census) where the median family income is
less than 100 percent of the area median income.
(m) Management official. (1) The term management official means:
(i) A director;
(ii) An advisory or honorary director of a depository institution
with total assets of $100 million or more;
(iii) A senior executive officer as that term is defined in 12 CFR
701.14(b)(2), or a person holding an equivalent position regardless of
title;
(iv) A branch manager;
(v) A trustee of a depository organization under the control of
trustees; and
(vi) Any person who has a representative or nominee serving in any
of the capacities in this paragraph (m)(1).
(2) The term management official does not include:
(i) A person whose management functions relate exclusively to the
business of retail merchandising or manufacturing;
(ii) A person whose management functions relate principally to the
[[Page 50703]]
business outside the United States of a foreign commercial bank; or
(iii) A person described in the provisions of section 202(4) of the
Interlocks Act (12 U.S.C. 3201(4)) (referring to an officer of a State-
chartered savings bank, cooperative bank, or trust company that neither
makes real estate mortgage loans nor accepts savings).
(n) Office means a principal or branch office of a depository
institution located in the United States. Office does not include a
representative office of a foreign commercial bank, an electronic
terminal, or a loan production office.
(o) Person means a natural person, corporation, or other business
entity.
(p) Relevant metropolitan statistical area (RMSA) means an MSA, a
primary MSA, or a consolidated MSA that is not comprised of designated
primary MSAs to the extent that these terms are defined and applied by
the Office of Management and Budget.
(q) Representative or nominee means a natural person who serves as
a management official and has an obligation to act on behalf of another
person with respect to management responsibilities. NCUA will find that
a person has an obligation to act on behalf of another person only if
the first person has an agreement, express or implied, to act on behalf
of the second person with respect to management responsibilities. NCUA
will determine, after giving the affected persons an opportunity to
respond, whether a person is a representative or nominee.
(r) Total assets. (1) The term total assets means assets measured
on a consolidated basis and reported in the most recent fiscal year-end
Consolidated Report of Condition and Income.
(2) The term total assets does not include:
(i) Assets of a diversified savings and loan holding company as
defined by section 10(a)(1)(F) of the Home Owners' Loan Act (12 U.S.C.
1467a(a)(1)(F)) other than the assets of its depository institution
affiliate;
(ii) Assets of a bank holding company that is exempt from the
prohibitions of section 4 of the Bank Holding Company Act of 1956
pursuant to an order issued under section 4(d) of that Act (12 U.S.C.
1843(d)) other than the assets of its depository institution affiliate;
or
(iii) Assets of offices of a foreign commercial bank other than the
assets of its United States branch or agency.
(s) United States includes any State or territory of the United
States of America, the District of Columbia, Puerto Rico, Guam,
American Samoa, and the Virgin Islands.
Sec. 711.3 Prohibitions.
(a) Community. A management official of a depository organization
may not serve at the same time as a management official of an
unaffiliated depository organization if the depository organizations in
question (or a depository institution affiliate thereof) have offices
in the same community.
(b) RMSA. A management official of a depository organization may
not serve at the same time as a management official of an unaffiliated
depository organization if the depository organizations in question (or
a depository institution affiliate thereof) have offices in the same
RMSA and each depository organization has total assets of $20 million
or more.
(c) Major assets. A management official of a depository
organization with total assets exceeding $1 billion (or any affiliate
thereof) may not serve at the same time as a management official of an
unaffiliated depository organization with total assets exceeding $500
million (or any affiliate thereof), regardless of the location of the
two depository organizations.
Sec. 711.4 Interlocking relationships permitted by statute.
The prohibitions of Sec. 711.3 do not apply in the case of any one
or more of the following organizations or to a subsidiary thereof:
(a) A depository organization that has been placed formally in
liquidation, or which is in the hands of a receiver, conservator, or
other official exercising a similar function;
(b) A corporation operating under section 25 or section 25A of the
Federal Reserve Act (12 U.S.C. 601 et seq. and 12 U.S.C. 611 et seq.,
respectively) (Edge Corporations and Agreement Corporations);
(c) A credit union being served by a management official of another
credit union;
(d) A depository organization that does not do business within the
United States except as an incident to its activities outside the
United States;
(e) A State-chartered savings and loan guaranty corporation;
(f) A Federal Home Loan Bank or any other bank organized solely to
serve depository institutions (a bankers' bank) or solely for the
purpose of providing securities clearing services and services related
thereto for depository institutions and securities companies;
(g) A depository organization that is closed or is in danger of
closing as determined by the appropriate Federal depository
institutions regulatory agency and is acquired by another depository
organization. This exemption lasts for five years, beginning on the
date the depository organization is acquired; and
(h)(1) A diversified savings and loan holding company (as defined
in section 10(a)(1)(F) of the Home Owners' Loan Act (12 U.S.C.
1467a(a)(1)(F)) with respect to the service of a director of such
company who also is a director of an unaffiliated depository
organization if:
(i) Both the diversified savings and loan holding company and the
unaffiliated depository organization notify their appropriate Federal
depository institutions regulatory agency at least 60 days before the
dual service is proposed to begin; and
(ii) The appropriate regulatory agency does not disapprove the dual
service before the end of the 60-day period.
(2) The NCUA Board or its designee may disapprove a notice of
proposed service if it finds that:
(i) The service cannot be structured or limited so as to preclude
an anticompetitive effect in financial services in any part of the
United States;
(ii) The service would lead to substantial conflicts of interest or
unsafe or unsound practices; or
(iii) The notificant failed to furnish all the information required
by NCUA.
(3) The NCUA Board or its designee may require that any interlock
permitted under this paragraph (h) be terminated if a change in
circumstances occurs with respect to one of the interlocked depository
organizations that would have provided a basis for disapproval of the
interlock during the notice period.
Sec. 711.5 Regulatory Standards exemption.
(a) Criteria. NCUA may permit an interlock that otherwise would be
prohibited by the Interlocks Act and Sec. 711.3 if:
(1) The board of directors of the depository organization (or the
organizers of a depository organization being formed) that seeks the
exemption provides a resolution to NCUA certifying that the
organization, after the exercise of reasonable efforts, is unable to
locate any other candidate from the community or RMSA, as appropriate,
who:
(i) Possesses the level of expertise required by the depository
organization and who is not prohibited from service by the Interlocks
Act; and
(ii) Is willing to serve as a management official; and
(2) NCUA, after reviewing an application submitted by the
depository organization seeking the exemption, determines that:
(i) The management official is critical to the safe and sound
operations of the affected depository organization; and
[[Page 50704]]
(ii) Service by the management official will not produce an
anticompetitive effect with respect to the depository organization.
(b) Presumptions. NCUA applies the following presumptions when
reviewing any application for a Regulatory Standards exemption. A
proposed management official is critical to the safe and sound
operations of a depository institution if:
(1) That official is approved by NCUA to serve as a director or
senior executive officer of that institution pursuant to 12 CFR 701.14
or pursuant to conditions imposed on a newly chartered credit union;
and
(2) The institution had operated for less than two years, was not
in compliance with minimum capital requirements, or otherwise was in a
``troubled condition'' as defined in 12 CFR 701.14 at the time the
service under 12 CFR 701.14 was approved.
(c) Duration of interlock. An interlock permitted under this
section may continue until NCUA notifies the affected depository
organizations otherwise. NCUA may require a credit union to terminate
any interlock permitted under this section if NCUA concludes, after
giving the affected persons the opportunity to respond, that the
determinations under paragraph (a)(2) of this section no longer may be
made. A management official may continue serving the depository
organization involved in the interlock for a period of 15 months
following the date of the order to terminate the interlock. NCUA may
shorten this period under appropriate circumstances.
Sec. 711.6 Management Consignment exemption.
(a) Criteria. NCUA may permit an interlock that otherwise would be
prohibited by the Interlocks Act and Sec. 711.3 if NCUA, after
reviewing an application submitted by the depository organization
seeking an exemption, determines that the interlock would:
(1) Improve the provision of credit to low- and moderate-income
areas;
(2) Increase the competitive position of a minority- or women-owned
depository organization;
(3) Strengthen the management of a depository institution that has
been chartered for less than two years at the time an application is
filed under this part; or
(4) Strengthen the management of a depository institution that is
in an unsafe or unsound condition as determined by NCUA on a case-by-
case basis.
(b) Presumptions. NCUA applies the following presumptions when
reviewing any application for a Management Consignment exemption:
(1) A proposed management official is capable of strengthening the
management of a depository institution described in paragraph (a)(3) of
this section if that official is approved by NCUA to serve as a
director or senior executive officer of that institution pursuant to 12
CFR 701.14 or pursuant to conditions imposed on a newly chartered
credit union and the institution had operated for less than two years
at the time the service under 12 CFR 701.14 was approved; and
(2) A proposed management official is capable of strengthening the
management of a depository institution described in paragraph (a)(4) of
this section if that official is approved by NCUA to serve as a
director or senior executive officer of that institution pursuant to 12
CFR 701.14 and the institution was in a ``troubled condition'' as
defined under 12 CFR 701.14 at the time service under that section was
approved.
(c) Duration of interlock. An interlock granted under this section
may continue for a period of two years from the date of approval. NCUA
may extend this period for one additional two-year period if the
depository organization applies for an extension at least 30 days
before the current exemption expires and satisfies one of the criteria
specified in paragraph (a) of this section. The provisions set forth in
paragraph (b) of this section also apply to applications for
extensions.
Sec. 711.7 Change in circumstances.
(a) Termination. A management official shall terminate his or her
service or apply for an exemption to the Interlocks Act if a change in
circumstances causes the service to become prohibited under that Act. A
change in circumstances may include, but is not limited to, an increase
in asset size of an organization, a change in the delineation of the
RMSA or community, the establishment of an office, an acquisition, a
merger, a consolidation, or any reorganization of the ownership
structure of a depository organization that causes a previously
permissible interlock to become prohibited.
(b) Transition period. A management official described in paragraph
(a) of this section may continue to serve the depository organization
involved in the interlock for 15 months following the date of the
change in circumstances. NCUA may shorten this period under appropriate
circumstances.
Sec. 711.8 Enforcement.
Except as provided in this section, NCUA administers and enforces
the Interlocks Act with respect to federally insured credit unions, and
may refer any case of a prohibited interlocking relationship involving
these entities to the Attorney General of the United States to enforce
compliance with the Interlocks Act and this part.
[FR Doc. 96-24459 Filed 9-26-96; 8:45 am]
BILLING CODE 7535-01-P
Complete official Federal Register PDF
FR Doc. 96-24458 Community Development Revolving Loan Program for Credit Unions
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50694-50696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24458]
=======================================================================
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NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Parts 701 and 705
Community Development Revolving Loan Program for Credit Unions
AGENCY: National Credit Union Administration (NCUA).
ACTION: Final amendments.
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SUMMARY: The purpose of the Community Development Revolving Loan
Program for Credit Unions is to make reduced rate loans and provide
technical assistance to both Federal and State-chartered credit unions
serving low-income communities. The NCUA Board is issuing final
amendments to this regulation to: eliminate the limits on technical
assistance that may be provided per year to participating credit
unions; clarify that student credit unions may not participate in the
Program; clarify that credit unions may receive up to $300,000 in loans
in the aggregate at any one time; and require additional documentation
from nonfederally insured credit unions that may wish to participate in
the Program. The NCUA Board is also issuing a technical amendment to
another regulatory provision to conform it to the revised Program
regulations.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Joyce Jackson, Director, Office of
Community Development Credit Unions, 1775 Duke Street, Alexandria,
Virginia 22314-3428 or telephone (703) 518-6610 or Michael J. McKenna,
Staff Attorney, Office of General Counsel, at the above address or
telephone (703) 518-6540.
SUPPLEMENTARY INFORMATION: The purpose of the Community Development
Revolving Loan Program (``Program'') is to make reduced rate loans and
provide technical assistance to Federal and State-chartered credit
unions serving low-income communities so that they may provide needed
financial services and help to stimulate the economy in the community
served. Although the Program has functioned well, the Board proposed
four amendments to improve and clarify certain aspects of the Program.
The NCUA Board issued proposed amendments to the Program on January 25,
1996. 61 FR 4239 (February 5, 1996). Four comment letters were
received. Three commenters were state credit union leagues and one
commenter was a national trade association. All of the commenters
supported the proposed amendments.
Section 705.3 Definitions
This section, among other things, defines the term low-income
members. In documenting its low-income membership, a credit union that
serves a geographic area where a majority of residents fall at or below
the annual income standard is presumed to be serving predominantly low-
income members. In applying the low-income standard, the Regional
Director must use specifically defined differentials for geographical
areas with a higher cost of living. These differentials were originally
obtained from a list maintained by the Bureau of Labor Statistics, as
updated by the Employment and Training Administration. In order to
recognize geographic economic differences, eleven cities that were
above the national average for the lower level standard of living
numbers were provided differentials to be applied by the Regional
Director. NCUA requested comment on updating the differentials. The
commenters did not suggest any changes. The Board does not believe
there is any compelling reason to change the differentials at this
time. However, to clarify the term ``geographic area'' and to provide
for consistent application of agency policy, the Board believes that
the geographic area definition should be based on either the
Consolidated Metropolitan Statistical Area (CSMA) or Metropolitan
Statistical Area (MSA) classification, as appropriate, that are used by
the Office of Management and Budget (OMB) or defined by the Census
Bureau.
Some in the credit union community have questioned whether student
credit unions are eligible to participate in the Program. The preamble
to the final 1993 amendments stated that although ``student federal
credit unions are `low-income credit unions' for purposes of receiving
nonmember deposits, they do not qualify for participation in the
Program because they are not specifically involved in the stimulation
of economic development activities and community revitalization
efforts.'' 58 FR 21642, 21645 (April 23, 1993). The Board proposed to
amend Section 705.3(b) to clarify that student credit unions may not
participate in the Program. All four commenters approved of this
proposal. Accordingly, the Board is adopting this clarification in the
final rule.
Section 705.5 Application for Participation
Because NCUA does not regulate nonfederally insured state chartered
credit unions, the Board proposed that a nonfederally insured credit
union provide in its application for Program participation a copy of
its most recent outside audit report and proof of deposit and surety
bond insurance which states the maximum insurance levels permitted by
the policies, so that NCUA may properly consider the application. This
proposal would simply require documentation that is comparable to the
information accessible to NCUA for federally insured credit unions. All
four commenters supported this proposal. The Board is also changing the
term ``delinquent loan list'' to ``schedule of delinquent loans'' so
that the information submitted will be comparable to information NCUA
obtains from federally insured credit unions. The Board is also
streamlining this section so that the requirements found in proposed
Section 705.5(b) (iii) through (v) are simply stated in Section
[[Page 50695]]
705.5(b)(iii). Otherwise, the Board is adopting the proposed amendment
in final.
Section 705.7 Loans to Participating Credit Unions
Section 705.7 currently states that a participating credit union is
eligible ``to receive up to $300,000, as determined by the NCUA Board,
in the form of a loan from the Community Development Revolving Loan
Fund for Credit Unions.'' Some have questioned whether this means that
a credit union may receive more than one $300,000 loan under the
Program. The Board's proposal clarified that because of the Program's
limited funds that the aggregate dollar amount of outstanding loans to
one credit union is limited to $300,000. All four commenters supported
this proposal. Accordingly, the Board is adopting the proposed
amendment in final.
Section 705.10 Technical Assistance
Under the current Section 705.10, technical assistance may not
exceed $120,000 per year. The Board proposed to eliminate the dollar
threshold on technical assistance in the anticipation that available
earnings may exceed $120,000. Such a change would provide NCUA greater
flexibility in providing technical assistance. All four commenters
supported the proposed amendment. Accordingly, the Board is adopting
the proposed amendment in final.
Regulatory Procedures
Regulatory Flexibility Act
The Regulatory Flexibility Act requires NCUA to prepare an analysis
to describe any significant economic impact a proposed regulation may
have on a substantial number of small credit unions (primarily those
under $1 million in assets). The final amendments generally clarify
operational issues. The one significant change regarding technical
assistance is expected to benefit credit unions by increasing the
available pool of funds for technical assistance. Accordingly, the
Board determines and certifies that this final rule does not have a
significant impact on a substantial number of small credit unions and
that a Regulatory Flexibility Analysis is not required.
Paperwork Reduction Act
NCUA has determined that the final amendments do not increase
paperwork requirements under the Paperwork Reduction Act of 1995 and
regulations of the Office of Management and Budget (OMB).
Executive Order 12612
Executive Order 12612 requires NCUA to consider the effect of its
action on state interests. The Program is implemented in its entirety
by the NCUA. The final amendments will permit more funds to be
available for technical assistance to all credit unions, including
state-chartered credit unions. The final amendments impose a minimal
burden on nonfederally insured state chartered credit unions that wish
to participate in the Program. The amendments will not have a
substantial direct effect on the states, on the relationship between
the national government and the states, or on the distribution of
powers among the various levels of government.
List of Subjects
12 CFR Part 701
Credit, Credit unions.
12 CFR Part 705
Community development, Credit unions, Loans programs-housing and
community development, Reporting and recordkeeping requirements,
Technical assistance.
By the National Credit Union Administration Board on September
18, 1996.
Becky Baker,
Secretary of the Board.
Accordingly, NCUA amends 12 CFR parts 701 and 705 as follows:
PART 701--ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS
1. The authority citation for part 701 continues to read as
follows:
Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1759, 1761a,
1761b, 1766, 1767, 1782, 1784, 1787, 1789 and 1798. Section 701.6 is
also authorized by 31 U.S.C. 3717. Section 701.31 is also authorized
by 15 U.S.C. 1601 et seq.; 42 U.S.C. 1861 and 42 U.S.C. 3601-3610.
Section 701.35 is also authorized by 42 U.S.C. 4311-4312.
2. Section 701.34 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 701.34 Designation of low-income status; receipt of secondary
capital accounts by low-income designated credit unions.
(a) Designation of low-income status. (1) Section 107(6) of the
Federal Credit Union Act (12 U.S.C. 1757(6)) authorizes federal credit
unions serving predominantly low-income members to receive shares,
share drafts and share certificates from nonmembers. In order to
utilize this authority, a federal credit union must receive a low-
income designation from its Regional Director. The designation may be
removed by the Regional Director upon notice to the federal credit
union if the definitions set forth in paragraphs (a) (2) and (3) of
this section are no longer met. Removals may be appealed to the NCUA
Board within 60 days. Appeals should be submitted through the Regional
Director.
* * * * *
PART 705--COMMUNITY DEVELOPMENT REVOLVING LOAN PROGRAM FOR CREDIT
UNIONS
3. The authority citation for part 705 is revised to read as
follows:
Authority: 12 U.S.C. 1772c-1; 42 U.S.C. 9822 and 9822 note.
4. Section 705.3 is amended by revising paragraph (b) to read as
follows:
Sec. 705.3 Definitions.
* * * * *
(b) For purposes of this part, a participating credit union means a
state- or federally-chartered credit union (excluding student credit
unions) that is specifically involved in the stimulation of economic
development activities and community revitalization efforts aimed at
benefiting the community it serves; whose membership consists of
predominantly low-income members as defined in paragraph (a) of this
section or applicable state standards as reflected by a current low-
income designation pursuant to Sec. 701.34(a)(1) or Sec. 741.204 of
this chapter or, in the case of a state-chartered nonfederally insured
credit union, under applicable state standards; and has submitted an
application for a loan and/or technical assistance and has been
selected for participation in the Program in accordance with this part.
5. Section 705.5 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 705.5 Application for participation.
* * * * *
(b) * * *
(1) Information demonstrating a sound financial position and the
credit union's ability to manage its day-to-day business affairs,
including the credit union's latest financial statement. Nonfederally
insured credit unions must include the following:
(i) A copy of its most recent outside audit report;
(ii) Proof of deposit and surety bond insurance which states the
maximum insurance levels permitted by the policies;
(iii) A balance sheet, an income and expense statement, and a
schedule of
[[Page 50696]]
delinquent loans, for the most recent month-end and each of the twelve
months preceding that month-end.
* * * * *
Sec. 705.7 [Amended]
6. Section 705.7 is amended in paragraph (a) by adding ``in the
aggregate'' after the number ``$300,000''.
7. Section 705.10 is revised to read as follows:
Sec. 705.10 Technical assistance.
Based on available earnings, NCUA may contract with outside
providers to render technical assistance to participating credit
unions. Participating credit unions can be provided with technical
assistance without obtaining a Program loan. NCUA technical assistance
will aid participating credit unions in providing services to their
members and in the efficient operation of such credit unions.
[FR Doc. 96-24458 Filed 9-26-96; 8:45 am]
BILLING CODE 7535-01-P
Complete official Federal Register PDF
FR Doc. 96-24457 Organization and Operations of Federal Credit Unions
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50696-50698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24457]
-----------------------------------------------------------------------
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Parts 701, 709 and 741
Organization and Operations of Federal Credit Unions
AGENCY: National Credit Union Administration (NCUA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The final rule allows credit unions serving predominantly low-
income members (LICU) to raise secondary capital from foundations and
other philanthropic-minded institutional investors. The rule will
enable LICUs to make more loans and improve other financial services
for the groups and communities they serve. The rule also allows
federal- and state-chartered LICUs to offer secondary capital accounts
and incorporates the existing regulatory provisions concerning the
designation of low-income status. The rule also amends NCUA's
regulations so that secondary capital accounts are last in payout
priorities in the event of an involuntary liquidation.
EFFECTIVE DATE: September 27, 1996.
FOR FURTHER INFORMATION CONTACT: Joyce Jackson, Director, Office of
Community Development Credit Unions, at 1775 Duke Street, Alexandria,
Virginia 22314-3428 or telephone (703) 518-6610, or David Marquis,
Director, or Stephen Austin, Acting Deputy Director, Office of
Examination and Insurance, both at the above address or telephone (703)
518-6360, or Robert M. Fenner, General Counsel, at the above address or
telephone (703) 518-6540.
SUPPLEMENTARY INFORMATION:
Background
On February 2, 1996, the NCUA Board issued an interim final rule
(``Interim Rule''), 61 FR 3788, that authorized LICUs to accept funds
as secondary capital from nonnatural persons and philanthropic
institutional investors. The Board issued the Interim Rule to achieve
the following goals: to assist LICUs in achieving their purpose of
serving members and communities in financial need; to ensure that any
authorized secondary capital will actually function as capital and be
available to absorb losses; to ensure that investors in secondary
capital understand the nature of their investment and the risk they are
undertaking; and to eliminate any potential risk to the NCUSIF and
insured credit unions generally as a result of this activity.
Summary of Comments and Discussion of Issues
NCUA received six comment letters: three from state credit union
leagues; two from national credit union trade associations; and one
from an accounting trade group. The five credit union commenters
expressed strong support for the Interim Rule with one commenter
viewing the Interim Rule ``as the most important regulatory innovation
of the last two decades in addressing the special needs of [LICUs].''
The accounting trade group neither supported nor opposed the Interim
Rule.
Use of Secondary Capital To Replenish Operating Losses
Two commenters expressed support for the Interim Rule's provisions
that required LICUs to use the secondary capital to cover the LICU's
operating losses. However, both commenters disagreed with NCUA's
decision to prohibit LICUs from replenishing the secondary capital when
the LICU regained financial health. One of the commenters questioned
NCUA's rationale and the other commenter asked the NCUA to reexamine
its position. The latter commenter believed NCUA could establish
safeguards so the replenishment of secondary capital would be
subordinate to the LICU's other goals, such as reinstituting dividends
and building capital. The commenter also believed NCUA's position
unfairly penalized investors and decreased the secondary capital's
attractiveness.
Permitting LICUs to replenish secondary capital accounts once
financial health has been regained would defeat the purpose for
establishing secondary capital. The goal of secondary capital is to
enhance capital positions. The potential growth of primary capital
could be slowed by allowing LICUs to replenish investor funds in the
event those funds are depleted. Additionally, permitting replenishment
could be interpreted as a ``guaranteed return of principal'' by the
investor which was not the Board's original intent.
Secondary Capital as Equity
Two commenters objected to the Interim Rule's provisions that
required LICUs to treat secondary capital as equity. Instead, the
commenters believed that LICUs should treat secondary capital as debt
according to GAAP. One commenter stated that classifying secondary
capital as equity was misleading and recommended that NCUA require
LICUs to exclude non-GAAP financial information from the LICU's
financial statements. The commenter also strongly encouraged NCUA to
follow the other federal financial regulators and conform all of NCUA's
regulatory accounting practices to GAAP. The other commenter requested
additional guidance from NCUA since many LICUs and auditing firms will
not be familiar with the accounting issues associated with secondary
capital.
The Board has considered the commenter's position, and acknowledges
that while secondary capital accounts have characteristics of both debt
and equity, in the final analysis, it believes secondary capital is
more analogous to equity. Thus, for reporting purposes, LICUs should
record secondary capital accounts consistent with Accounting Bulletin
96-1 (the ``Bulletin''), which establishes the accounting entries for
secondary capital. The Bulletin requires secondary capital to be
treated as part equity and part subordinated debt based on a sliding
scale. The Board anticipates that most LICUs will not be seeking audit
opinions on their financial statements nor posting GAAP statements for
members or other third-party reliance. Most LICUs financial statement
reporting efforts will be directed to meeting NCUA regulatory
requirements and thus, our approach is not at odds with the other
federal banking agencies since they, too, have preserved their option
to adopt regulatory reporting requirements for supervisory purposes.
[[Page 50697]]
Sliding Scale
One commenter objected to the requirement that LICUs add a footnote
to their financial statements reflecting the secondary capital's value
as a percentage of its face value, on a five year sliding scale. The
commenter suggested the footnote should state the secondary capital's
total dollar amount and maturity date. According to the commenter,
their proposed method would be consistent with GAAP and reflect the
economic reality that all of the secondary capital would be available
to absorb losses until maturity.
The Bulletin specifically provides for two separate accounts for
recognizing secondary capital. The first, uninsured secondary capital
(account #925) shows the amount of secondary capital having a maturity
greater than 5 years. Subordinated CDCU Debt (account #867) recognizes
the secondary capital accounts with maturities of less than 5 years.
The rule establishes a sliding scale for the capital value of accounts
with less than 5 years remaining maturity. The Board believes a
footnote disclosure recognizing the secondary capital's total dollar
amount and maturity date would be appropriate. As a result, the final
rule directs LICUs to reflect the secondary capital's full amount in a
footnote to its balance sheet, and reflect the secondary capital's
capital value based on the sliding scale in the LICU's balance sheet.
Requiring Secondary Capital as a Condition of Charter or Letter of
Understanding and Agreement
Finally, two commenters expressed concerns that the rule may result
in tougher requirements for new or troubled LICUs. Both commenters
believed that NCUA should not require a LICU to obtain secondary
capital before the NCUA granted a charter or as a condition of a Letter
of Understanding and Agreement. One commenter noted that the Interim
Rule did not require LICUs to offer secondary capital and believed that
NCUA should only direct a LICU to obtain secondary capital in rare
instances.
The Board strongly believes secondary capital will help support
greater lending and financial services for members of LICUs; however,
it was never the Board's intention to require secondary capital as a
condition for new LICUs. The decision to use secondary capital accounts
is within the discretion of the LICU.
Final Rule
The final rule adopts with minor modifications the Interim Rule
published on February 2, 1996. (61 FR 3788).
Regulatory Procedures
Regulatory Flexibility Act
The NCUA Board certifies that this rule will not have a significant
impact on a substantial number of small credit unions. The rule affects
only low-income designated credit unions, and imposes no mandatory
regulatory burden on those credit unions. Rather, it increases
flexibility by providing a new method of raising capital through
secondary capital accounts. Accordingly, a Regulatory Flexibility
Analysis is not required.
Paperwork Reduction Act
The collection of information requirements contained in the rule
were approved by the Office of Management and Budget under OMB Control
No. 3133-0140. Federally insured credit unions are not required,
pursuant to the terms of the Paperwork Reduction Act, to comply with
paperwork requirements until OMB approval and a OMB control number are
received. However, NCUA expected LICUs that chose to offer secondary
capital accounts, as a matter of safety and soundness, to adopt written
plans, forward a copy of the LICU's plan to the Regional Director (and
state supervisor in the case of state credit unions) and use account
contract documents and disclosure forms that meet the requirements of
this rule in every respect.
Written comments on the collection of information should be sent to
the Office of Management and Budget, OMB Reports Management Branch, New
Executive Office Building, Room 10202, Washington, DC 20503. Attn:
Alexander Hunt. The collection of information requirements relating to
the final rule are found at 12 CFR 701.34(b) (1) and (11). NCUA
believes these requirements are essential both to ensure the safe and
sound operation of a secondary capital program and to ensure that
account holders fully understand the nature of their investment in the
credit union and the risks involved. The likely recordkeepers are
Federally-insured credit unions with a low-income designation.
Estimated number of respondents and/or recordkeepers: 50.
Estimated average annual burden hours per respondent/recordkeeper:
3 hours.
Estimated total annual reporting and recordkeeping burden: 150
hours.
Start-up costs to respondents: None.
Executive Order 12612
Executive Order 12612 requires NCUA to consider the effects of its
actions on state interests. This rule has no adverse effects on state
interests. The rule provides additional authority for federally insured
state chartered credit unions, but only to the extent not inconsistent
with state law and regulations. The NCUA Board, however, specifically
requested the comments of State credit union regulators to obtain their
guidance in how the rule may affect their credit unions. However, no
State credit union regulator commented on the Interim Rule.
List of Subjects in 12 CFR Part 701
Credit unions, Reporting and recordkeeping requirements.
By the National Credit Union Administration Board on September
18, 1996.
Becky Baker,
Secretary of the Board.
Accordingly, the interim rule amending 12 CFR parts 701, 709, and
741, which was published at 61 FR 3788 on February 2, 1996, is adopted
as a final rule with the following change:
PART 701--ORGANIZATION AND OPERATIONS OF FEDERAL CREDIT UNIONS
1. The authority citation for part 701 continues to read as
follows:
Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1759, 1761a,
1761b, 1766, 1767, 1782, 1784, 1787, 1789 and Public Law 101-73.
Section 701.6 is also authorized by 31 U.S.C. 3717. Section 701.31
is also authorized by 12 U.S.C. 1601, et seq., 42 U.S.C. 1981 and 42
U.S.C. 3601-3610. Section 701.35 is also authorized by 12 U.S.C.
4311-4312.
2. Section 701.34 is amended by revising paragraphs (b)(2) and (c)
to read as follows:
Sec. 701.34 Designation of low-income status; receipt of secondary
capital accounts by low-income designated credit unions.
* * * * *
(b) * * *
(2) The secondary capital account must be established as a
uninsured secondary capital account or other form of non-share account.
* * * * *
(c) Accounting treatment; weighted value for purposes of
recognizing capital value of secondary capital accounts. (1) A low-
income designated credit union that issues secondary capital accounts
pursuant to paragraph (b) of this section shall record the funds on its
balance sheet in an equity account entitled ``uninsured secondary
capital
[[Page 50698]]
account.'' For such accounts with remaining maturities of less than
five years, the credit union shall reflect the capital value of the
accounts in its financial statement in accordance with the following
scale:
(i) Four to less than five years remaining maturity--80 percent.
(ii) Three to less than four years remaining maturity--60 percent.
(iii) Two to less than three years remaining maturity--40 percent.
(iv) One to less than two years remaining maturity--20 percent.
(v) Less than one year remaining maturity--0 percent.
(2) The credit union will reflect the full amount of the secondary
capital on deposit in a footnote to its financial statement.
* * * * *
[FR Doc. 96-24457 Filed 9-26-96; 8:45 am]
BILLING CODE 7535-01-P
Complete official Federal Register PDF
FR Doc. 96-24399 Pipeline Safety Rulemaking Procedures
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50908-50911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24399]
[[Page 50907]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Parts 106 and 190
Pipeline Safety Rulemaking Procedures; Final Rule
Federal Register / Vol. 61, No. 189 / Friday, September 27, 1996 /
Rules and Regulations
[[Page 50908]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 106 and 190
[Docket RSP-2; Admt. Nos. 106-12, 190-1]
RIN 2137-AC94
Pipeline Safety Rulemaking Procedures
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: RSPA is replicating in 49 CFR Part 190 its rulemaking
procedures presently found in 49 CFR Part 106. This will enable persons
in the pipeline industry to obtain a single volume of the Code of
Federal Regulations that contains both the pipeline safety program
regulations and the pipeline rulemaking procedures. The intended effect
of this action is to reduce the pipeline industry's cost of purchasing
regulations and to increase user convenience by placing the rulemaking
procedures in the same volume with program procedures. RSPA has taken
these actions in response to President Clinton's regulatory reinvention
initiative.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT: Paul Sanchez, Attorney, Office of the
Chief Counsel, RSPA, Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001; Telephone (202) 366-4400; or online at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 4, 1995, President Clinton issued a memorandum to heads of
departments and agencies calling for a review of all agency regulations
to eliminate or revise those regulations that are outdated or in need
of reform. In response to the President's directive, RSPA extensively
reviewed its Hazardous Materials Regulations (HMR; 49 CFR Parts 171-
180), Pipeline Safety Regulations (49 CFR Parts 190-199) and its
procedural rules in 49 CFR Parts 106, 107 and 110.
In its review, RSPA determined that it could eliminate sufficient
HMR pages to facilitate the future publication of separate, stand-alone
Code of Federal Regulation volumes for the HMR and the pipeline safety
regulations. To do this, it is necessary to reproduce in the pipeline
safety regulations the rulemaking procedures currently in Part 106.
This action will enable persons in the pipeline industry to obtain a
single volume of the CFR that contains both the pipeline safety
regulations and the applicable rulemaking procedures. This rulemaking
replicates in Part 190 the rulemaking procedures existing in Part 106,
including those changes made in the final rule published June 14, 1996
(FR 30175). Since this rulemaking does not impose new requirements,
notice and public procedure are unnecessary. For the same reason, there
is good cause to make these amendments effective without the customary
30-day delay following publication. This will allow the changes to
appear in the next revision of 49 CFR.
II. Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and was not reviewed by the
Office of Management and Budget. The rule is not considered significant
under the regulatory policies and procedures of the Department of
Transportation (44 FR 11034). The economic impact of this rule is
minimal to the extent that the preparation of a regulatory evaluation
is not warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''), and
RSPA has determined that preparation of a federalism assessment is not
warranted.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule does not
impose any new requirements on persons subject to the HMR or the
Pipeline Safety Regulations.
Paperwork Reduction Act
This final rule does not impose any new information collection
requirements.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation, Oil.
49 CFR Part 190
Administrative practice and procedure, Pipeline safety.
In consideration of the foregoing, 49 CFR chapter I is amended as
follows:
1. The heading of subchapter A of Chapter I is revised to read as
follows:
Subchapter A--Hazardous Materials and Oil Transportation
PART 106--RULEMAKING PROCEDURES
2. The authority citation for part 106 is revised to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 106.3 [Amended]
3. In Sec. 106.3, paragraph (b) is removed and paragraph (c) is
redesignated as paragraph (b).
Subchapter D--Pipeline Safety
PART 190 --PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES
4. The heading of part 190 is revised to read as set forth above:
5. The authority citation for Part 190 is revised to read as
follows:
Authority: 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.;
49 CFR 1.53.
6. Subpart C is added to part 190 to read as follows:
Subpart C--Procedures for Adoption of Rules
Sec.
190.301 Scope.
190.303 Delegations.
190.305 Regulatory dockets.
190.307 Records.
190.309 Where to file petitions.
190.311 General.
190.313 Initiation of rulemaking.
190.315 Contents of notices of proposed rulemaking.
190.317 Participation by interested persons.
190.319 Petitions for extension of time to comment.
190.321 Contents of written comments.
190.323 Consideration of comments received.
190.325 Additional rulemaking proceedings.
190.327 Hearings.
190.329 Adoption of final rules.
190.331 Petitions for rulemaking.
190.333 Processing of petition.
190.335 Petitions for reconsideration.
190.337 Proceedings on petitions for reconsideration.
[[Page 50909]]
190.338 Appeals.
190.339 Direct final rulemaking.
Subpart C--Procedures for Adoption of Rules
Sec. 190.301 Scope.
This subpart prescribes general rulemaking procedures for the
issue, amendment, and repeal of Pipeline Safety Program regulations of
the Research and Special Programs Administration of the Department of
Transportation.
Sec. 190.303 Delegations.
For the purposes of this subpart, Administrator means the
Administrator, Research and Special Programs Administration, or his or
her delegate.
Sec. 190.305 Regulatory dockets.
(a) Information and data considered relevant by the Administrator
relating to rulemaking actions, including notices of proposed
rulemaking; comments received in response to notices; petitions for
rulemaking and reconsideration; denials of petitions for rulemaking and
reconsideration; records of additional rulemaking proceedings under
Sec. 190.325; and final regulations are maintained by the Research and
Special Programs Administration at 400 7th Street, SW, Washington, D.C.
20590-0001.
(b) Any person may examine any docketed material at the offices of
the Research and Special Programs Administration at any time during
regular business hours after the docket is established, except material
which the Administrator determines should be withheld from public
disclosure under applicable provisions of any statute administered by
the Administrator and section 552(b) of Title 5, United States Code,
and may obtain a copy of it upon payment of a fee.
Sec. 190.307 Records.
Records of the Research and Special Programs Administration
relating to rulemaking proceedings are available for inspection as
provided in section 552(b) of title 5, United States Code, and part 7
of the Regulations of the Office of the Secretary of Transportation
(part 7 of this title).
Sec. 190.309 Where to file petitions.
Petitions for extension of time to comment submitted under
Sec. 190.319, petitions for hearings submitted under Sec. 190.327,
petitions for rulemaking submitted under Sec. 190.331, and petitions
for reconsideration submitted under Sec. 190.335 must be submitted to:
Administrator, Research and Special Programs Administration, U.S.
Department of Transportation, 400 7th Street, SW., Washington, D.C.
20590-0001.
Sec. 190.311 General.
Unless the Administrator, for good cause, finds that notice is
impracticable, unnecessary, or contrary to the public interest, and
incorporates that finding and a brief statement of the reasons for it
in the rule, a notice of proposed rulemaking is issued and interested
persons are invited to participate in the rulemaking proceedings with
respect to each substantive rule.
Sec. 190.313 Initiation of rulemaking.
The Administrator initiates rulemaking on his or her own motion;
however, in so doing, the Administrator may use discretion to consider
the recommendations of other agencies of the United States or of other
interested persons including those of any technical advisory body
established by statute for that purpose.
Sec. 190.315 Contents of notices of proposed rulemaking.
(a) Each notice of proposed rulemaking is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
(b) Each notice, whether published in the Federal Register or
personally served, includes:
(1) A statement of the time, place, and nature of the proposed
rulemaking proceeding;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the
substance and terms of the proposed regulation;
(4) A statement of the time within which written comments must be
submitted; and
(5) A statement of how and to what extent interested persons may
participate in the proceeding.
Sec. 190.317 Participation by interested persons.
(a) Any interested person may participate in rulemaking proceedings
by submitting comments in writing containing information, views or
arguments in accordance with instructions for participation in the
rulemaking document.
(b) The Administrator may invite any interested person to
participate in the rulemaking proceedings described in Sec. 190.325.
(c) For the purposes of this subpart, an interested person includes
any Federal or State government agency or any political subdivision of
a State.
Sec. 190.319 Petitions for extension of time to comment.
A petition for extension of the time to submit comments must be
received not later than 10 days before expiration of the time stated in
the notice. It is requested, but not required, that three copies be
submitted. The filing of the petition does not automatically extend the
time for petitioner's comments. A petition is granted only if the
petitioner shows good cause for the extension, and if the extension is
consistent with the public interest. If an extension is granted, it is
granted to all persons, and it is published in the Federal Register.
Sec. 190.321 Contents of written comments.
All written comments must be in English. It is requested, but not
required, that five copies be submitted. Any interested person should
submit as part of written comments all material considered relevant to
any statement of fact. Incorporation of material by reference should be
avoided; however, where necessary, such incorporated material shall be
identified by document title and page.
Sec. 190.323 Consideration of comments received.
All timely comments and the recommendations of any technical
advisory body established by statute for the purpose of reviewing the
proposed rule concerned are considered before final action is taken on
a rulemaking proposal. Late filed comments are considered so far as
practicable.
Sec. 190.325 Additional rulemaking proceedings.
The Administrator may initiate any further rulemaking proceedings
that the Administrator finds necessary or desirable. For example,
interested persons may be invited to make oral arguments, to
participate in conferences between the Administrator or the
Administrator's representative and interested persons, at which minutes
of the conference are kept, to appear at informal hearings presided
over by officials designated by the Administrator at which a transcript
of minutes are kept, or participate in any other proceeding to assure
informed administrative action and to protect the public interest.
Sec. 190.327 Hearings.
(a) If a notice of proposed rulemaking does not provide for a
hearing, any interested person may petition the Administrator for an
informal hearing. The petition must be received by the Administrator
not later than 20 days before expiration of the time stated in the
notice. The filing of the petition
[[Page 50910]]
does not automatically result in the scheduling of a hearing. A
petition is granted only if the petitioner shows good cause for a
hearing. If a petition for a hearing is granted, notice of the hearing
is published in the Federal Register.
(b) Sections 556 and 557 of title 5, United States Code, do not
apply to hearings held under this part. Unless otherwise specified,
hearings held under this part are informal, nonadversary fact-finding
proceedings, at which there are no formal pleadings or adverse parties.
Any regulation issued in a case in which an informal hearing is held is
not necessarily based exclusively on the record of the hearing.
(c) The Administrator designates a representative to conduct any
hearing held under this subpart. The Chief Counsel designates a member
of his or her staff to serve as legal officer at the hearing.
Sec. 190.329 Adoption of final rules.
Final rules are prepared by representatives of the Office of
Pipeline Safety and the Office of the Chief Counsel. The regulation is
then submitted to the Administrator for consideration. If the
Administrator adopts the regulation, it is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
Sec. 190.331 Petitions for rulemaking.
(a) Any interested person may petition the Associate Administrator
for Pipeline Safety to establish, amend, or repeal a substantive
regulation, or may petition the Chief Counsel to establish, amend, or
repeal a procedural regulation.
(b) Each petition filed under this section must--
(1) Summarize the proposed action and explain its purpose;
(2) State the text of the proposed rule or amendment, or specify
the rule proposed to be repealed;
(3) Explain the petitioner's interest in the proposed action and
the interest of any party the petitioner represents; and
(4) Provide information and arguments that support the proposed
action, including relevant technical, scientific or other data as
available to the petitioner, and any specific known cases that
illustrate the need for the proposed action.
(c) If the potential impact of the proposed action is substantial,
and information and data related to that impact are available to the
petitioner, the Associate Administrator or the Chief Counsel may
request the petitioner to provide--
(1) The costs and benefits to society and identifiable groups
within society, quantifiable and otherwise;
(2) The direct effects (including preemption effects) of the
proposed action on States, on the relationship between the Federal
Government and the States, and on the distribution of power and
responsibilities among the various levels of government;
(3) The regulatory burden on small businesses, small organizations
and small governmental jurisdictions;
(4) The recordkeeping and reporting requirements and to whom they
would apply; and
(5) Impacts on the quality of the natural and social environments.
(d) The Associate Administrator or Chief Counsel may return a
petition that does not comply with the requirements of this section,
accompanied by a written statement indicating the deficiencies in the
petition.
Sec. 190.333 Processing of petition.
(a) General. Unless the Associate Administrator or the Chief
Counsel otherwise specifies, no public hearing, argument, or other
proceeding is held directly on a petition before its disposition under
this section.
(b) Grants. If the Associate Administrator or the Chief Counsel
determines that the petition contains adequate justification, he or she
initiates rulemaking action under this subpart.
(c) Denials. If the Associate Administrator or the Chief Counsel
determines that the petition does not justify rulemaking, the petition
is denied.
(d) Notification. The Associate Administrator or the Chief Counsel
will notify a petitioner, in writing, of the decision to grant or deny
a petition for rulemaking.
Sec. 190.335 Petitions for reconsideration.
(a) Except as provided in Sec. 190.339(d), any interested person
may petition the Associate Administrator for reconsideration of any
regulation issued under this subpart, or may petition the Chief Counsel
for reconsideration of any procedural regulation issued under this
subpart and contained in this subpart. It is requested, but not
required, that three copies be submitted. The petition must be received
not later than 30 days after publication of the rule in the Federal
Register. Petitions filed after that time will be considered as
petitions filed under Sec. 190.331. The petition must contain a brief
statement of the complaint and an explanation as to why compliance with
the rule is not practicable, is unreasonable, or is not in the public
interest.
(b) If the petitioner requests the consideration of additional
facts, the petitioner must state the reason they were not presented to
the Associate Administrator or the Chief Counsel within the prescribed
time.
(c) The Associate Administrator or the Chief Counsel does not
consider repetitious petitions.
(d) Unless the Associate Administrator or the Chief Counsel
otherwise provides, the filing of a petition under this section does
not stay the effectiveness of the rule.
Sec. 190.337 Proceedings on petitions for reconsideration.
(a) The Associate Administrator or the Chief Counsel may grant or
deny, in whole or in part, any petition for reconsideration without
further proceedings, except where a grant of the petition would result
in issuance of a new final rule. In the event that the Associate
Administrator or the Chief Counsel determines to reconsider any
regulation, a final decision on reconsideration may be issued without
further proceedings, or an opportunity to submit comment or information
and data as deemed appropriate, may be provided. Whenever the Associate
Administrator or the Chief Counsel determines that a petition should be
granted or denied, the Office of the Chief Counsel prepares a notice of
the grant or denial of a petition for reconsideration, for issuance to
the petitioner, and the Associate Administrator or the Chief Counsel
issues it to the petitioner. The Associate Administrator or the Chief
Counsel may consolidate petitions relating to the same rules.
(b) It is the policy of the Associate Administrator or the Chief
Counsel to issue notice of the action taken on a petition for
reconsideration within 90 days after the date on which the regulation
in question is published in the Federal Register, unless it is found
impracticable to take action within that time. In cases where it is so
found and the delay beyond that period is expected to be substantial,
notice of that fact and the date by which it is expected that action
will be taken is issued to the petitioner and published in the Federal
Register.
Sec. 190.338 Appeals.
(a) Any interested person may appeal a denial of the Associate
Administrator or the Chief Counsel, issued under Sec. 190.333 or
Sec. 190.337, to the Administrator.
(b) An appeal must be received within 20 days of service of written
notice to petitioner of the Associate
[[Page 50911]]
Administrator's or the Chief Counsel's decision, or within 20 days from
the date of publication of the decision in the Federal Register, and
should set forth the contested aspects of the decision as well as any
new arguments or information.
(c) It is requested, but not required, that three copies of the
appeal be submitted to the Administrator.
(d) Unless the Administrator otherwise provides, the filing of an
appeal under this section does not stay the effectiveness of any rule.
Sec. 190.339 Direct final rulemaking.
(a) Where practicable, the Administrator will use direct final
rulemaking to issue the following types of rules:
(1) Minor, substantive changes to regulations;
(2) Incorporation by reference of the latest edition of technical
or industry standards;
(3) Extensions of compliance dates; and
(4) Other noncontroversial rules where the Administrator determines
that use of direct final rulemaking is in the public interest, and that
a regulation is unlikely to result in adverse comment.
(b) The direct final rule will state an effective date. The direct
final rule will also state that unless an adverse comment or notice of
intent to file an adverse comment is received within the specified
comment period, generally 60 days after publication of the direct final
rule in the Federal Register, the Administrator will issue a
confirmation document, generally within 15 days after the close of the
comment period, advising the public that the direct final rule will
either become effective on the date stated in the direct final rule or
at least 30 days after the publication date of the confirmation
document, whichever is later.
(c) For purposes of this section, an adverse comment is one which
explains why the rule would be inappropriate, including a challenge to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. Comments that are frivolous or
insubstantial will not be considered adverse under this procedure. A
comment recommending a rule change in addition to the rule will not be
considered an adverse comment, unless the commenter states why the rule
would be ineffective without the additional change.
(d) Only parties who filed comments to a direct final rule issued
under this section may petition under Sec. 190.335 for reconsideration
of that direct final rule.
(e) If an adverse comment or notice of intent to file an adverse
comment is received, a timely document will be published in the Federal
Register advising the public and withdrawing the direct final rule in
whole or in part. The Administrator may then incorporate the adverse
comment into a subsequent direct final rule or may publish a notice of
proposed rulemaking. A notice of proposed rulemaking will provide an
opportunity for public comment, generally a minimum of 60 days, and
will be processed in accordance with Secs. 190.311-190.329.
Issued in Washington, DC, on September 18, 1996, under the
authority delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 96-24399 Filed 9-26-96; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 96-24278 Establishment of Acquisition Regulations
[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50737-50738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24278]
=======================================================================
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SOCIAL SECURITY ADMINISTRATION
48 CFR Chapter 23
RIN 0960-AE12
Establishment of Acquisition Regulations
AGENCY: Social Security Administration (SSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes an agency acquisition regulation for the
Social Security Administration (SSA) to implement and supplement the
Federal Acquisition Regulation (FAR). SSA was established as an
independent agency March 31, 1995 in accordance with the Social
Security Independence and Program Improvements Act (SSIPIA).
Publication of this rule terminates the application of the Health and
Human Services Acquisition Regulation (HHSAR) to SSA acquisitions and
contracts.
EFFECTIVE DATE: This regulation is effective October 28, 1996.
FOR FURTHER INFORMATION CONTACT: Susan Reed, Division of Policy and
Information Management, Office of Acquisition and Grants, 1710 Gwynn
Oak Ave., Baltimore, MD, 21207, telephone (410) 965-9547, telefax (410)
966-1261.
SUPPLEMENTARY INFORMATION:
A. Background
SSA was formerly an operating division of the Department of Health
and Human Services (HHS). SSA acquisitions and contracts were subject
to requirements and procedures set forth in the FAR, supplemented by
the Health and Human Services Acquisition Regulation (HHSAR), contained
in Chapter 3 of Title 48 of the Code of Federal Regulations. The SSIPIA
established SSA as an independent agency on March 31, 1995. Section
106(b) of the SSIPIA provided that the Department regulations, such as
the HHSAR, continue to apply until such time as the Commissioner of SSA
modifies, terminates, suspends, sets aside, or repeals them. Now,
because of its independence, SSA will implement and supplement the
regulatory parts of the FAR through its own agency supplement, the
Social Security Acquisition Regulation (SSAR), maintained in Chapter 23
of Title 348 of the Code of Federal Regulations. By this publication,
the SSAR supersedes and terminates HHSAR application to SSA. The SSAR
will, however, comprise only those policies and procedures which have a
significant effect beyond SSA's internal operating procedures or have a
significant cost or administrative impact on contractors or offerors.
In order to implement its own streamlined, yet effective
acquisition guidance process, SSA has elected to publish only a
skeletal agency acquisition regulation, the SSAR, and to incorporate
the bulk of its acquisition and contracting policies and procedures
into an internal document, a desktop handbook. The handbook is limited
to specific internal contracting and acquisition procedures, including
workflow procedures, designations and delegations of authority, and
internal reporting requirements.
We anticipate making minimal future additions and changes to the
SSAR. We will do so, however, when circumstances warrant. SSA will
follow the FAR and SSAR for all regulatory requirements and our own
internal guidance contained within the handbook.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, Public Law 98-577, requires the
preparation of a regulatory flexibility analysis for any rule which is
likely to have a significant economic impact on a substantial number of
small entities. We certify that this rule will not have a significant
economic impact on a substantial number of small entities because the
rule merely reflects the adoption of a new chapter for the publication
of the SSAR and does not initiate any new policies or procedures which
would impact the public. Therefore, a regulatory flexibility analysis
is not required.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose information collection requirements, or collections of
information from offerors, contractors, or members of the public which
require the approval of the Office of Management and Budget under 44
U.S.C. 3501, et seq.
D. Administrative Procedure Act
This rule is being published as a final rule instead of as a
proposed rule. Section 702(a)(5) of the Social Security Act makes the
regulations we prescribe subject to the rulemaking procedures
established under section 553 of the Administrative Procedure Act
(APA), 5 U.S.C. 553. The APA generally requires publication of a notice
of proposed rulemaking and the solicitation of comments from interested
persons. However, the APA provides exceptions to notice and comment
procedures when an agency finds that there is good cause for dispensing
with such procedures on the basis that they are impracticable,
unnecessary, or contrary to the public interest.
After due consideration, we have determined that, under 5 U.S.C.
553(b)(B), good cause exists for waiver of notice of proposed
rulemaking because such procedure is unnecessary. These final
regulations will alter no substantive procedures or policies. They will
merely terminate the application of the HHSAR to SSA acquisitions and
contracts. The procedures and policies in effect after the date SSA
gained the status of an independent agency will remain largely
unchanged. The differences are of form only and are necessary to adapt
the former regulations to the operating structures of this agency.
Accordingly, promulgation
[[Page 50738]]
of these regulations pursuant to notice and comment rulemaking is
unnecessary and may be dispensed with pursuant to 5 U.S.C. 553(b)(B).
G. Office of Federal Procurement Policy Act
The Office of Federal Procurement Policy Act, as amended (41 U.S.C.
418b) and FAR subparts 1.3 and 1.5 require publication of agency
acquisition regulations for public comment when they have a significant
effect beyond the internal operating procedures of the agency or result
in significant cost or administrative impact on contractors or
offerors. Because this final rule neither significantly affects the
Agency's internal operating procedures nor results in significant costs
or administrative impact on contractors or offerors, its publication
without public comment is in compliance with the Act and FAR subparts
1.3 and 1.5.
List of Subjects in 48 CFR Part 2301
Government procurement, Social Security acquisition regulation.
Dated: September 6, 1996.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons stated in the Preamble, Chapter 23 is added to
Title 48 to read as follows:
CHAPTER 23--SOCIAL SECURITY ADMINISTRATION
SUBCHAPTER A--GENERAL
PART 2301--SOCIAL SECURITY ACQUISITION REGULATION SYSTEM
Subpart 2301.1--Purpose, Authority, Issuance
Sec. 2301.101--Purpose.
Sec. 2301.103--Authority.
Sec. 2301.104--Applicability.
Sec. 2301.105--Issuance.
Sec. 2301.105-1--Publication and code arrangement.
Sec. 2301.105-2--Arrangement of regulations.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
PART 2301--SOCIAL SECURITY ACQUISITION REGULATION
Subpart 2301.1--Purpose, Authority, Issuance
2301.101 Purpose.
(a) The Social Security Acquisition Regulation (SSAR) is issued to
establish uniform acquisition policies and procedures for the Social
Security Administration (SSA) which conform to the Federal Acquisition
Regulation (FAR) System.
(b) The SSAR implements and supplements the FAR. (Implementing
material expands upon or indicates the manner of compliance with
related FAR material. Supplementing material refers to policies or
procedures which have no corresponding counterpart in the FAR.)
(c) The SSAR contains only formal agency policies and procedures
which have a significant effect beyond SSA's internal operating
procedures or which have a significant cost or administrative impact on
contractors or offerors.
2301.103 Authority.
The SSAR is prescribed under the authority of 5 U.S.C. 301 and
section 205(c) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 486(c)).
2301.104 Applicability.
The FAR and SSAR apply to all SSA acquisitions as stated in FAR
1.104. Unless specified otherwise, the FAR and SSAR apply to
acquisitions within and outside the United States.
2301.105 Issuance.
2301.105-1 Publication and code arrangement.
(a) The SSAR is also published in the same forms as indicated in
FAR 1.105-1(a).
(b) The SSAR is issued in the Code of Federal Regulations (CFR) as
Chapter 23 of Title 48, Social Security Acquisition Regulation (SSAR).
It may be referenced as ``48 CFR chapter 23.''
2301.105-2 Arrangement of regulations.
(a) General. The SSAR conforms to the FAR with respect to
divisional arrangements; i.e., subchapters, parts, subparts, sections,
subsections, and paragraphs.
(b) Numbering. The FAR System of numbering permits the keying of
the same or similar subject matter throughout Chapters 1 (FAR) and 23
(SSAR) of Title 48, CFR. However, SSA's system varies somewhat from
that of the FAR numbering scheme, in the numbering to the left of the
decimal point. Whereas the FAR only identifies the part number of 48
CFR to the left of the decimal point, our corresponding reference
identifies the chapter as well. For example, the FAR paragraph
corresponding to this SSAR paragraph is numbered 1.105-2(b) where ``1''
is the part number (may be one or two digits and is followed by a
decimal point), ``1'' (to the right of the decimal point) is the
subpart number, ``05'' (always two digits) is the section number, ``2''
is the subsection number (always hyphenated), and ``(b)'' is the
paragraph reference. This SSAR reference is 2301.105-2(b) where the
``23'' is the chapter number assigned to SSA and the ``01'' represents
the part number (part numbers will always be two digits for agencies
implementing the FAR). The remaining numbers to the right of the
decimal point are identical to and reflect the same divisions as in the
FAR numbering scheme.
(c) References and citations. (1) Unless otherwise stated,
references indicate parts, subparts, sections, subsections, etc., of
this regulation, the SSAR.
(2) This regulation shall be referred to as the Social Security
Acquisition Regulation (SSAR). Any reference may be cited as ``SSAR''
followed by the appropriate number. Within the SSAR, the number alone
will be used.
(3) Citations of authority shall be incorporated where necessary.
All FAR reference numbers shall be preceded by ``FAR.''
[FR Doc. 96-24278 Filed 9-26-96; 8:45 am]
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