issue-1996-03-29•Federal Register final rules — 1996-03-29
Federal Register final rules — 1996-03-29
issue-1996-03-29Federal Register final rules — 1996-03-29Regulation
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. 96-7765 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14020-14021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7765]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28510; Amdt. No. 1720]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, addition of new obstacles, or changes in air
traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which the affected
airport is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description of each SIAP is contained in official FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the Federal Aviation
Regulations (FAR). The applicable FAA Forms are identified as FAA Form
8260-5. Materials incorporated by reference are available for
examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
This amendment to part 97 is effective upon publication of each
separate SIAP as contained in the transmittal. The SIAPs contained in
this amendment are based on the criteria contained in the United States
Standard for Terminal Instrument Approach Procedures (TERPS). In
developing these SIAPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports.
The FAA has determined through testing that current non-localizer
type, non-precision instrument approaches developed using the TERPS
criteria can be flown by aircraft equipped with Global Positioning
System (GPS) equipment. In consideration of the above, the applicable
Standard Instrument Approach procedures (SIAPs) will be altered to
include ``or GPS'' in the title without otherwise reviewing or
modifying the procedure. (Once a stand alone GPS procedure is
developed, the procedure title will be altered to remove ``or GPS''
from these non-localizer, non-precision instrument approach procedure
titles.) Because of the close and immediate relationship between these
SIAPs and safety in air commerce, I find that notice and public
procedure before adopting these SIAPs are, impracticable and contrary
to the public interest and, where applicable, that good cause exists
for making some SIAPs effective in less than 30 days.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a
[[Page 14021]]
regulatory evaluation as the anticipated impact is so minimal. For the
same reason, the FAA certifies that this amendment will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (Air).
Issued in Washington, DC, on March 22, 1996.
Thomas C. Accardi,
Director, Flight Standard Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120, 44701; 49 U.S.C.
106(g); and 14 CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.27, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.27 NDB, NDB/DME; Sec. 97.33 RNAV SIAPs; and Sec. 97.35
COPTER SIAPs, identified as follows:
* * * Effective April 25, 1996
Alturas, CA, Alturas Muni, NDB or GPS RWY 31, Amdt 1 CANCELLED
Alturas, CA, Alturas Muni, NDB RWY 31, Amdt 1
[FR Doc. 96-7765 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-7764 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14018-14020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7764]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28509; Amdt. No. 1719]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of
changes occurring in the National Airspace System, such as the
commissioning of new navigational facilities, addition of new
obstacles, or changes in air traffic requirements. These changes are
designed to provide safe and efficient use of the navigable airspace
and to promote safe flight operations under instrument flight rules at
the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which affected airport
is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, US Government Printing
Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8277.
[[Page 14019]]
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description on each SIAP is contained in the appropriate FAA
Form 8260 and the National Flight Data Center (FDC)/Permanent (P)
Notices to Airmen (NOTAM) which are incorporated by reference in the
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the
Federal Aviations Regulations (FAR). Materials incorporated by
reference are available for examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction of charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
The Rule
This amendment to part 97 of the Federal Aviation Regulations (14
CFR part 97) establishes, amends, suspends, or revokes SIAPs. For
safety and timeliness of change considerations, this amendment
incorporates only specific changes contained in the content of the
following FDC/P NOTAM for each SIAP. The SIAP information in some
previously designated FDC/Temporary (FDC/T) NOTAMs is of such duration
as to be permanent. With conversion to FDC/P NOTAMs, the respective
FDC/T NOTAMs have been cancelled.
The FDC/P NOTAMs for the SIAPs contained in this amendment are
based on the criteria contained in the U.S. Standard for Terminal
Instrument Approach Procedures (TERPS). In developing these chart
changes to SIAPs by FDC/P NOTAMs, the TERPS criteria were applied to
only these specific conditions existing at the affected airports. All
SIAP amendments in this rule have been previously issued by the FAA in
a National Flight Data Center (FDC) Notice to Airmen (NOTAM) as an
emergency action of immediate flight safety relating directly to
published aeronautical charts. The circumstances which created the need
for all these SIAP amendments requires making them effective in less
than 30 days.
Further, the SIAPs contained in this amendment are based on the
criteria contained in the TERPS. Because of the close and immediate
relationship between these SIAPs and safety in air commerce, I find
that notice and public procedure before adopting these SIAPs are
impracticable and contrary to the public interest and, where
applicable, that good cause exists for making these SIAPs effective in
less than 30 days.
Conclusion
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (Air).
Issued in Washington, DC, on March 22, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120, 44701; 49 U.S.C.
106(g); and 14 CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec. 97.27
NDB, NDB/DME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs, identified as follows:
* * * Effective Upon Publication
--------------------------------------------------------------------------------------------------------------------------------------------------------
FDC date State City Airport FDC No. SIAP
--------------------------------------------------------------------------------------------------------------------------------------------------------
02/08/96........... FL Orlando........... Orlando Intl...... FDC 6/0901 VOR/DME or GPS RWY 36L AMDT 4.
02/23/96........... IL Sterling Rockfalls Whiteside County- FDC 6/1172 NDB or GPS RWY 7 AMDT 4.
Joseph H. Bittorf This Corrects Notam in TL96-07.
Field.
03/07/96........... WI Rhinelander....... Rhinelander-Oneida FDC 6/1472 VOR/DME or GPS RWY 5 ORIG, VOR/DME or GPS RWY 23 AMDT
County. 10, VOR/DME or GPS RWY 27 ORIG.
03/08/96........... MN Rushford.......... Rushford Muni..... FDC 6/1484 VOR/DME-A ORIG.
03/08/96........... WI Rhinelander....... Rhinelander-Oneida FDC 6/1473 ILS RWY 9 AMDT 5, VOR or GPS RWY 9 AMDT 4.
County.
03/11/96........... FL Melbourne......... Melbourne Intl.... FDC 6/1519 LOC BC RWY 27L, AMDT 8A.
03/13/96........... GA Marietta.......... Cobb County- FDC 6/1574 VOR/DME or GPS RWY 9 ORIG.
McCollum Field.
03/15/96........... TX Lancaster......... Lancaster......... FDC 6/1621 NDB or GPS RWY 31, ORIG.
03/16/96........... IA Newton............ Newton Muni....... FDC 6/1634 ILS RWY 32, AMDT 1A.
03/18/96........... GA Winder............ Winder............ FDC 6/1681 BOR/DME or GPS-A, AMDT 9.
03/18/96........... GA Winder............ Winder............ FDC 6/1982 LOC RWY 31, AMDT 8.
03/18/96........... IL Peoria............ Greater Peoria FDC 6/1678 ILS/DME RWY 4 ORIG.
Regional.
03/19/96........... OH Wilmington........ Airborne Airpark.. FDC 6/1710 ILS/DME RWY 4R AMDT 1.
03/19/96........... TS Pecos............. Pecos muni........ FDC 6/1709 VOR or GPS RWY 14, AMDT 7.
[[Page 14020]]
03/20/96........... FL Fort Myers........ Southwest Florida FDC 6/1749 NDB or GPS RWY 6, AMDT 4.
Intl.
03/20/96........... FL Fort Myers........ Southwest Florida FDC 6/1750 ILS RWY 6, AMDT 4.
Intl.
03/20/96........... KY Louisville........ Louisville Intl- FDC 6/1737 ILS RWY 35, ORIG-A.
Standiford Field.
03/20/96........... KY Louisville........ Louisville Intl- FDC 6/1739 NDB or GPS RWY 29, AMDT 19.
Standiford Field.
03/20/96........... KY Louisville........ Louisville Intl- FDC 6/1740 ILS RWY 29, AMDT 22.
Standiford Field.
03/20/96........... KY Louisville........ Louisville Intl- FDC 6/1741 ILS RWY 1, AMDT 11.
Standiford.
03/20/96........... KY Louisville........ Louisville Intl- FDC 6/1742 ILS RWY 17, ORIG-A.
Standiford Field.
03/20/96........... KY Louisville........ Louisville Intl- FDC 6/1743 RADAR-1, AMDT 25.
Standiford Field.
03/20/96........... KY Louisville........ Louisville Intl- FDC 6/1744 NDB or GPS RWY 1, AMDT 8.
Standiford Field.
03/20/96........... KY Louisville........ Louisville Intl- FDC 6/1746 VOR or TACAN RWY 29, AMDT 22.
Standiford Field.
03/21/96........... GA Winder............ Winder............ FDC 6/1782 NDB or GPS RWY 31, AMDT. 8
03/21/96........... KY Louisville........ Louisville Intl- FDC 6/1771 ILS RWY 19, AMDT 9A.
Standiford Field.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 96-7764 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-7763 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14017-14018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7763]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28508; Amdt. No. 1718]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, addition of new obstacles, or changes in air
traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference--approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which the affected
airport is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT: Paul J. Best, Flight Procedures
Standards Branch (AFS-420), Technical Programs Division, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description of each SIAP is contained in official FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the Federal Aviation
Regulations (FAR). The applicable FAA Forms are identified as FAA Forms
8260-3, 8260-4, and 8260-5. Materials incorporated by reference are
available for examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
The Rule
This amendment to part 97 is effective upon publication of each
separate SIAP as contained in the transmittal. Some SIAP amendments may
have been previously issued by the FAA in a National Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP amendments may
require making them effective in less than 30 days. For the remaining
SIAPs, an effective date at least 30 days after publication is
provided.
Further, the SIAPs contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Approach Procedures (TERPS). In developing these SIAPs, the TERPS
criteria were applied to the conditions existing or anticipated at the
affected airports. Because of the close and immediate relationship
between these SIAPs and
[[Page 14018]]
safety in air commerce, I find that notice and public procedure before
adopting these SIAPs are impracticable and contrary to the public
interest and, where applicable, that good cause exists for making some
SIAPs effective in less than 30 days.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (Air).
Issued in Washington, DC on March 22, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44701; and 14
CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec. 97.27
NDB, NDB/DME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs, identified as follows:
* * * Effective April 25, 1996
Athens, GA, Athens Muni, LOC RWY 27, Orig, CANCELLED
Athens, GA, Athens Muni, ILS RWY 27, Orig
Independence, KS, Independence Muni, NDB RWY 17, Amdt 1, CANCELLED
Minneapolis, MN, Airlake, VOR or GPS RWY 11, Amdt 1
Hettinger, ND, Hettinger Municipal, GPS RWY 30, Orig
Chillicothe, OH, Ross County, GPS RWY 23, Orig
Portland, OR, Portland Intl, LOC BC RWY 10L, Amdt 14, CANCELLED
Rice Lake, WI, Rice Lake Rgnl-Carl's Field, VOR/DME RWY 19, Orig
* * * Effective May 23, 1996
Arlington, TX, Arlington Muni, GPS RWY 34, Orig
* * * Effective June 20, 1996
Harrison, AR, Boone County, GPS RWY 18, Orig
Mountain Home, AR, Baxter County Regional, GPS RWY 5, Orig
Mountain Home, AR, Baxter County Regional, GPS RWY 23, Orig
Pine Bluff, AR, Grider Field, GPS RWY 35, Orig
Warren, AR, Warren Muni, GPS RWY 21, Orig
Muscatine, IA, Muscatine Muni, GPS RWY 23, Orig
Scott City, KS, Scott City Muni, NDB RWY 35, Orig
Alice, TX, Alice Intl, GPS RWY 31, Orig
Alpine, TX, Alpine-Casparis Municipal, GPS RWY 19, Orig
Bay City, TX, Bay City Muni, GPS RWY 13, Orig
Summersville, WV, Summersville, GPS RWY 4, Orig
* * * Effective Upon Publication
Sioux Falls, SD, Joe Foss Field, ILS RWY 21, Amdt 8
Note: The FAA published procedures in Docket No. 28475, Amdt.
No. 1712 to Part 97 to the Federal Aviation Regulations (VOL. 61, FR
No. 41, Page 7699, dated Thursday, February 29, 1996) under Section
97.27 which are hereby amended as follows:
Santa Fe, NM, Santa Fe County Muni, VOR/DME or GPS-A, Amdt 1
Santa Fe, NM, Santa Fe County Muni, NDB or GPS RWY 2, Amdt 4
Note: The FAA published a procedure in Docket No. 28447, Amdt.
No. 1707 to Part 97 to the Federal Aviation Regulations (VOL. 61, FR
No. 23, Page 3796, dated Friday, February 2, 1996) under Section
97.33 which is hereby amended as follows:
Kaiser/Lake Ozark, MO, Lee C. Fine Memorial, GPS RWY 21, Orig
[FR Doc. 96-7763 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-7751 Oil Discharge Program; Editorial Revision of Rules; Correction
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14031-14032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7751]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 110
[FRL-5449-6]
Oil Discharge Program; Editorial Revision of Rules; Correction
AGENCY: Environmental Protection Agency.
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the final regulations
which were published Wednesday, February 28, 1996 (61 FR 7419). The
regulations contained nonsubstantive, editorial revisions to 40 CFR
part 110.
EFFECTIVE DATE: March 29, 1996.
FOR FURTHER INFORMATION CONTACT: Hugo Paul Fleischman, Office of
Emergency and Remedial Response, U.S. Environmental Protection Agency,
401 M St., SW, Washington, DC 20460, mail code 5203G, phone (703)603-
8769; or the RCRA/Superfund Hotline, phone (800)424-9346 or (703)603-
9232 in the Washington, DC, metropolitan area.
SUPPLEMENTARY INFORMATION
Background
In the rulemaking, EPA reviewed 40 CFR part 110, and removed text
which unnecessarily repeats section 311 of the Act. EPA also revised
regulatory text: to make it more concise, to conform more
[[Page 14032]]
closely to statutory language, or to eliminate text which is legally
obsolete. All of these changes were editorial. None effected any
changes to the substance of the revised rules. EPA also redesignated
affected sections as necessary.
Need for Correction
As published, the final rule contained an incorrect phone number,
which could mislead the public and is therefore in need of correction.
Correction of Publication
Accordingly, the publication on February 28, 1996, of the final
rule described above, is corrected as follows:
Sec. 110.6 [Corrected]
Paragraph 1. On page 7421, in the third column, in Sec. 110.6
Notice, in the last line (line nine) of the indented paragraph, the
phone number, ``202-462-2675,'' is corrected to read ``202-426-2675.''
Dated: March 22, 1996.
Stephen D. Luftig,
Director, Office of Emergency and Remedial Response.
[FR Doc. 96-7751 Filed 3-28-96; 8:45 am]
BILLING CODE 6560-50-C
Complete official Federal Register PDF
FR Doc. 96-7746 Standards of Performance for New Stationary Sources: Industrial- Commercial-Institutional Steam Generating Units; Louisiana
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14029-14031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7746]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-5449-8]
Standards of Performance for New Stationary Sources: Industrial-
Commercial-Institutional Steam Generating Units; Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final revision of rule.
-----------------------------------------------------------------------
SUMMARY: New source performance standards (NSPS) limiting emissions of
nitrogen oxides (NOX) from industrial-commercial-institutional
steam generating units capable of combusting more than 100 million Btu
per hour were proposed on June 19, 1984 and were promulgated on
November 25, 1986. These standards limit NOX emissions from the
combustion of fossil fuels, as well as the combustion of fossil fuels
with other fuels or wastes. The standards include provisions for
facility-specific NOX standards for steam generating units which
simultaneously combust fossil fuel and chemical byproduct waste(s)
under certain conditions. This document approves a facility-specific
NOX
[[Page 14030]]
standard that was proposed on December 28, 1994 for a steam generating
unit which simultaneously combusts fossil fuel and chemical by-product
waste (vent gas) at the Cytec Industries Fortier Plant located in
Westwego, Louisiana.
EFFECTIVE DATE: March 29, 1996.
ADDRESSES: Docket. Docket Number A-94-48, containing supporting
information used in developing the proposed revision, is available for
public inspection and copying between the hours of 8:00 a.m. and 4:00
p.m., Monday through Friday (except for government holidays) at the
EPA's Air and Radiation Docket and Information Center, Room M1500, 401
M Street, SW., Washington, DC 20460. A reasonable fee may be charged
for copying.
FOR FURTHER INFORMATION CONTACT: Mr. George Smith at telephone number
(919) 541-1549, Emission Standards Division, Combustion Group (MD-13),
U.S. Environmental Protection Agency, Research Triangle Park, North
Carolina 27711.
SUPPLEMENTARY INFORMATION:
Background
The objective of the NSPS, promulgated on November 25, 1986 is to
limit NOX emissions from the combustion of fossil fuel. For steam
generating units combusting by-product waste, the requirements of the
NSPS vary depending on the operation of the steam generating units.
During periods when only fossil fuel is combusted, the steam
generating unit must comply with the NOX emission limits in the
NSPS for fossil fuel. During periods when only by-product waste is
combusted, the steam generating unit may be subject to other
requirements or regulations which limit NOX emissions, but it is
not subject to NOX emission limits under the NSPS. In addition, if
the steam generating unit is subject to Federally enforceable permit
conditions limiting the amount of fossil fuel combusted in the steam
generating unit to an annual capacity factor of 10 percent or less, the
steam generating unit is not subject to NOX emission limits under
the NSPS when it simultaneously combusts fossil fuel and by-product
waste.
With the exception noted above, during periods when fossil fuel and
by-product waste are simultaneously combusted in a steam generating
unit, the unit must generally comply with NOX emission limits
under Sec. 60.44b(e) of the NSPS. Under Sec. 60.44b(e) the applicable
NOX emission limit depends on the nature of the by-product waste
combusted. In some situations, however, ``facility-specific'' NOX
emission limits developed under Sec. 60.44b(f) may apply. The order for
determining which NOX emission limit applies is as follows.
A steam generating unit simultaneously combusting fossil fuel and
by-product waste is expected to comply with the NOX emission limit
under Sec. 60.44b(e); only in a few situations may NOX emission
limits developed under Sec. 60.44b(f) apply. Section 60.44b(e) includes
an equation to determine the NOX emission limit applicable to a
steam generating unit when it simultaneously combusts fossil fuel and
by-product waste.
Only where a steam generating unit which simultaneously combusts
fossil fuel and by-product waste is unable to comply with the NOX
emission limit determined under Sec. 60.44b(e), might a facility-
specific NOX emission limit under Sec. 60.44b(f) apply. This
section permits a steam generating unit to petition the Administrator
for a facility-specific NOX emission limit. A facility-specific
NOX emission limit will be proposed and promulgated by the
Administrator for the steam generating unit, however, only where the
petition is judged to be complete.
To be considered complete, a petition for a facility-specific
NOX standard under Sec. 60.44b(f) consists of three components.
The first component is a demonstration that the steam generating unit
is able to comply with the NOX emission limit for fossil fuel when
combusting fossil fuel alone. The purposes of this provision are to
ensure that the steam generating unit has installed best demonstrated
NOX control technology, to identify the NOX control
technology installed, and to identify the manner in which this
technology is operated to achieve compliance with the NOX emission
limit for fossil fuel.
The second component of a complete petition is a demonstration that
this NOX control technology does not enable compliance with the
NOX emission limit for fossil fuel when the steam generating unit
simultaneously combusts fossil fuel with chemical by-product waste
under the same conditions used to demonstrate compliance on fossil fuel
alone. In addition, this component of the petition must identify what
unique and specific properties of the chemical by-product waste(s) are
responsible for preventing the steam generating unit from complying
with the NOX emission limit for fossil fuel.
The third component of a complete petition consists of data and/or
analysis to support a facility-specific NOX standard for the steam
generating unit when it simultaneously combusts fossil fuel and
chemical by-product waste and operates the NOX control technology
in the same manner in which it would be operated to demonstrate and
maintain compliance with the NOX emission limit for fossil fuel,
if only fossil fuel were combusted. This component of the petition must
identify the NOX emission limit(s) and/or operating parameter
limits, and appropriate testing, monitoring, reporting and
recordkeeping requirements which will ensure operation of the NOX
control technology and minimize NOX emissions at all times.
Upon receipt of a complete petition, the Administrator will propose
a facility-specific NOX standard for the steam generating unit
when it simultaneously combusts chemical by-product waste with fossil
fuel. The NOX standard will include the NOX emission limit(s)
and/or operating parameter limit(s) to ensure operation of the NOX
control technology at all times, as well as appropriate testing,
monitoring, reporting and recordkeeping requirements.
Comments on the Proposed Standards
After completing construction of its C.AOG incinerator, Cytec
Industries conducted tests of NOX emissions under actual operating
conditions. Cytec Industries has provided the emissions data from these
tests to the EPA (Agency). The actual emissions data comes very close
to what was predicted by the calculations made by Cytec Industries, and
thus demonstrates the actual need for the facility-specific NOX
standard.
Aside from the emissions data supplied to the Agency by Cytec
Industries, no other comments were received on the proposed standard.
Consequently, the Administrator has decided not to change the proposed
standard, and to promulgate it, as proposed.
Administrative Requirements
Executive Order 12866
Under Executive Order 12866 (58 FR 51735, (October 4, 1993)) , the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to OMB review and the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
1. Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy,
[[Page 14031]]
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities;
2. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
3. Materially alter the budgetary impact of entitlements, grants,
user fees, or land programs or the rights and obligations of recipients
thereof; or
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This rule was classified ``non-significant'' under Executive Order
12866 and, therefore, was not reviewed by the Office of Management and
Budget.
Paperwork Reduction Act
The information collection requirements of the previously
promulgated NSPS under 40 CFR Part 60, Subpart Db were submitted to and
approved by the Office of Management and Budget. A copy of this
Information Collection Request (ICR) document (OMB control number 2060-
0135) may be obtained from Sandy Farmer, Information Policy Branch (PM-
223Y); U.S. Environmental Protection Agency; 401 M Street, SW;
Washington, DC 20460 or by calling (202) 260-2740. Today's changes to
the NSPS do not affect the information collection burden estimates made
previously. The information that is required to be collected for this
facility specific NOX standard is the same as for all other
affected facilities subject to these NSPS. Therefore, the ICR has not
been revised.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980 requires the
identification of potentially adverse impacts of Federal regulations
upon small business entities. The RFA specifically requires the
completion of a Regulatory Flexibility Analysis in those instances
where small business impacts are possible. Because this rulemaking
imposes no adverse economic impacts, a Regulatory Flexibility Analysis
has not been prepared.
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this rule will not have a significant economic impact on a
substantial number of small business entities.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control.
Dated: March 22, 1996.
Carol M. Browner,
Administrator.
Title 40, chapter I, part 60, of the Code of Federal Regulations is
amended to read as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
Subpart Db--Standards of Performance for Industrial Commercial-
Institutional Steam Generating Units
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.
2. Section 60.49b is amended by adding paragraph (s) as follows:
Sec. 60.49b Reporting and recordkeeping requirements.
* * * * *
(s) Facility specific nitrogen oxides standard for Cytec Industries
Fortier Plant's C.AOG incinerator located in Westwego, Louisiana:
(1) Definitions.
Oxidation zone is defined as the portion of the C.AOG incinerator
that extends from the inlet of the oxidizing zone combustion air to the
outlet gas stack.
Reducing zone is defined as the portion of the C.AOG incinerator
that extends from the burner section to the inlet of the oxidizing zone
combustion air.
Total inlet air is defined as the total amount of air introduced
into the C.AOG incinerator for combustion of natural gas and chemical
by-product waste and is equal to the sum of the air flow into the
reducing zone and the air flow into the oxidation zone.
(2) Standard for nitrogen oxides.
(i) When fossil fuel alone is combusted, the nitrogen oxides
emission limit for fossil fuel in Sec. 60.44b(a) applies.
(ii) When natural gas and chemical by-product waste are
simultaneously combusted, the nitrogen oxides emission limit is 289 ng/
J (0.67 lb/million Btu) and a maximum of 81 percent of the total inlet
air provided for combustion shall be provided to the reducing zone of
the C.AOG incinerator.
(3) Emission monitoring.
(i) The percent of total inlet air provided to the reducing zone
shall be determined at least every 15 minutes by measuring the air flow
of all the air entering the reducing zone and the air flow of all the
air entering the oxidation zone, and compliance with the percentage of
total inlet air that is provided to the reducing zone shall be
determined on a 3-hour average basis.
(ii) The nitrogen oxides emission limit shall be determined by the
compliance and performance test methods and procedures for nitrogen
oxides in Sec. 60.46b.
(iii) The monitoring of the nitrogen oxides emission limit shall be
performed in accordance with Sec. 60.48b.
(4) Reporting and recordkeeping requirements.
(i) The owner or operator of the C.AOG incinerator shall submit a
report on any excursions from the limits required by paragraph (a)(2)
of this section to the Administrator with the quarterly report required
by Sec. 60.49b(i).
(ii) The owner or operator of the C.AOG incinerator shall keep
records of the monitoring required by paragraph (a)(3) of this section
for a period of 2 years following the date of such record.
(iii) The owner of operator of the C.AOG incinerator shall perform
all the applicable reporting and recordkeeping requirements of
Sec. 60.49b.
* * * * *
[FR Doc. 96-7746 Filed 3-28-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-7739 Manufacturer Reporting
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14022-14024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7739]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1310
[DEA-135F]
RIN 1117-AA30
Manufacturer Reporting
AGENCY: Drug Enforcement Administration (DEA), Justice.
ACTION: Final Rule.
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SUMMARY: This rule is issued by the Deputy Administrator of the Drug
Enforcement Administration (DEA) to implement provisions of the
Domestic Chemical Diversion Control Act of 1993 (Pub. 103-200) (DCDCA)
to specify certain reporting requirements for manufacturers of listed
chemicals. This rule requires bulk manufacturers of listed chemicals to
provide annual reports containing certain production data to the DEA.
EFFECTIVE DATE: April 29, 1996. The first annual reports which detail
data for calendar year 1995, shall be submitted on or before June 27,
1996.
FOR FURTHER INFORMATION CONTACT: Howard McClain Jr., Chief, Drug and
Chemical Evaluation Section, Office of Diversion Control, Drug
Enforcement Administration, Washington, D.C. 20537 Telephone (202) 307-
7183.
SUPPLEMENTARY INFORMATION: The Domestic Chemical Diversion Control Act
1993 (Pub. 103-200) (DCDCA) amended 21 U.S.C. 830(b) to require that
regulated persons who manufacture listed chemicals (other than a drug
product that is exempted under 21 U.S.C. 802(39)(A)(iv)) report
annually to DEA information detailing the specific quantities
manufactured. This rule specifies certain reporting requirements for
manufacturers of listed chemicals and finalizes a proposed rule
published in the Federal Register on September 26, 1995 (60 FR 49529).
Interested parties were given 60 days to submit written comments
regarding the proposed rule.
Comments
Five organizations submitted comments in response to the proposed
regulations. One comment suggested that Section 1310.03(b) be modified
in order to clarify that the reporting requirements pertain to both
List I and List II chemicals. Therefore Section 1310.01(b) has been
amended to clarify that ``Each regulated person who manufactures a List
I or List II chemical shall file reports regarding such manufacture as
specified in Section 1310.05.''
Another comment stated that DEA had not clearly established its
basis for needing information requested under the reporting
requirement. This requirement, which was established by the Domestic
Chemical Diversion Control Act of 1993, will provide the DEA with
information on the amounts of listed chemicals available in the U.S.
and provide specific strategic information and parameters on the size
and direction of the legitimate listed chemical market and the
availability of such chemicals for diversion. It will also enable the
DEA to provide the International Narcotics Control Board (INCB) with
aggregate data regarding the production and availability of chemicals
controlled under provisions of the 1988 United Nations Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Two comments requested that hydrochloric acid be exempted and one
comment suggested that sulfuric acid be exempted since only exports of
these chemicals to certain countries are currently regulated. However,
both these chemicals are controlled in Table II of the 1988 United
Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances. This reporting provision will enable the DEA
to provide the INCB with aggregate manufacturing data on hydrochloric
and sulfuric acid.
The DEA recognizes that bulk manufacturers must file other similar
reports to other government agencies. For example, one of the comments
stated that the requested information is provided to the U.S.
Environmental Protection Agency (EPA) four times per year. Therefore,
as stated in the Notice of Proposed Rulemaking, if an existing standard
industry report contains the information required in Section 1310.06(h)
and such information is separate or readily retrievable from the
report, that report may be submitted in satisfaction of this
requirement. Each report shall be submitted to the DEA under company
letterhead and signed by an appropriate, responsible official.
One comment stated that even though the DEA has specified that an
existing standard industry report may satisfy the reporting
requirements, the reporting obligation would end up as a special report
for each listed material at each location and therefore would be
extremely burdensome. In addition, two comments dealt with the issue of
whether data must be reported by individual facility, as opposed to
submitting one corporate report which includes data for all facilities.
In response to these concerns, the DEA has determined that either
reporting method is acceptable. Therefore, each business entity which
manufactures a listed chemical may elect to (1) report separately by
individual location or (2) report as an aggregate amount for the entire
business entity. These manufacturers, however, must inform the DEA of
which method they will use.
One commentor asked whether inventories should be reported for
listed chemicals stored in foreign locations. The DEA has determined
that such foreign inventories are not subject to the inventory
reporting requirements since such material would have already been
reported to the DEA under existing export notification requirements if
it were manufactured in the U.S. and shipped to a foreign location.
One commentor requested clarification of the term year-end
inventory as used in Section 1310.06(h)(3). For purposes of this annual
reporting requirement, inventory shall reflect the quantity of listed
chemicals, whether in bulk or non-exempt product form, held in storage
for later distribution. Inventory does not include waste material for
destruction, material stored as an in-process intermediate or other in-
process material. The DEA recognizes that bulk manufacturers may have
specific situations which will affect the complexity of inventory
reporting. Therefore, the Drug and Chemical Evaluation Section, Office
of Diversion Control, Drug Enforcement Administration is available to
provide guidance in response to questions bulk manufacturers may have
regarding what material should be included as inventory.
One commentor requested clarification of the terms ``product'' and
``converted'' as used in Section 1310.06(h)(5). The term product refers
to all pharmaceutical preparations and chemical mixtures exempted under
Sections 1310.01(f)(1)(iv) or 1310.01(f)(1)(v) intended for later
distribution. In order to provide clarification of Section
1310.06(h)(5), the term ``converted'' is being removed. This section
will now specify that each annual report required by Section 1310.05(d)
shall provide ``[t]he aggregate quantity of each listed chemical
manufactured which becomes a component of a product exempted
[[Page 14023]]
under Section 1310.01(f)(1)(iv) or 1310.01(f)(1)(v) during the
preceding calendar year.''
One commentor requested clarification that the reporting
requirements do not apply to formulators of chemical mixtures. In
response to this comment, a bulk manufacturer is defined under the
proposed rule, as a person who produces a listed chemical by means of
chemical synthesis or by extraction from other substances. Unless a
formulator of chemical mixtures produces a listed chemical by means of
chemical synthesis or by extraction from other substances, that
formulator is not considered a bulk manufacturer and therefore is not
subject to these reporting requirements.
One firm noted that the proposed rule stated that quantities be
reported to the nearest kilogram. The comment further stated that this
was not feasible due to the large volumes of some of the listed
chemicals. In response to this inquiry, be advised that the reference
to reporting ``to the nearest kilogram'' was intended to mean that
quantities should be reported in kilogram units of measure and was not
intended to specify the precision with which data should be supplied.
The DEA is therefore modifying the regulatory language to read that
information should be reported ``in kilogram units of measure''.
One firm commented that an exemption should be provided for bulk
manufacturers that produce listed chemicals solely for internal
consumption. The DEA has determined that bulk manufacturers that
produce a listed chemical solely for internal consumption shall not be
required to report for that listed chemical. For purposes of these
reporting requirements, internal consumption shall consist of any
quantity of a listed chemical otherwise not available for further
resale or distribution. Internal consumption shall include (but not be
limited to) quantities used for quality control testing, quantities
consumed in-house or production losses. Internal consumption does not
include the quantities of a listed chemical consumed in the production
of exempted products. (These quantities used in the production of
exempted products shall be reported separately.) Section 1310.05 has
been modified to reflect this reporting exemption.
One firm commented that the proposed rule establishes a DEA code
number for each listed chemical and made a suggestion regarding the use
of an alternate numbering system. However, the proposed rule only
clarifies and implements manufacturer reporting requirements and does
not deal with the issue of DEA code numbers. This issue was previously
addressed under the regulations which implemented the Chemical
Diversion and Trafficking Act (60 FR 32447). In that notice, DEA
responded that it had considered the use of other numbering systems
such as the Chemical Abstract Services (CAS) and Harmonized Tariff
System (HTS). However, in reviewing these systems DEA determined that
they were designed for other purposes and that their use could lead to
confusion and jeopardize the accuracy of information reported to DEA.
In the HTS numbering system there are multiple chemicals that are
assigned the same number and in the CAS numbering system there are
chemicals that are assigned multiple codes. The DEA has produced and
made available a chemical reference guide that provides a cross
reference to the CAS and HTS numbers.
Conclusion
These reporting requirements will apply only to bulk manufacturers
of listed chemicals. The term bulk manufacturer as used in this
regulation means a person who manufactures a listed chemical by means
of chemical synthesis or by extraction from other substances. It does
not include persons whose sole activity consists of repackaging or
relabeling listed chemical products or the manufacture of drug dosage
form products which contain a listed chemical. For each listed
chemical, each manufacturer is required to report annually to DEA (1)
the year-end inventory, (2) the aggregate quantity manufactured, (3)
the aggregate quantity used for internal consumption and (4) the
aggregate quantity of each listed chemical manufactured which becomes a
component of a product exempted under Section 1310.01(f)(1)(iv) or
1310.01(f)(1)(v) during the preceding calendar year. While
manufacturers are required to report the quantities of listed chemicals
used in the production of exempted products (e.g. exempted drug
products and chemical mixtures), the manufacturer is not required to
report data regarding the aggregate quantity of the exempted products
produced.
Data provided under these reporting requirements shall be submitted
annually to the Drug and Chemical Evaluation Section, Drug Enforcement
Administration, Washington D.C. 20537, on or before the 15th day of
March of the year immediately following the calendar year for which
submitted. However, in order to provide sufficient time for preparation
of the initial annual reports which detail manufacturing data for
calendar year 1995, these initial reports shall not be due until June
27, 1996.
The Attorney General has delegated authority under the CSA and all
subsequent amendments to the CSA to the Administrator of the DEA (28
CFR 0.100). The Administrator, in turn, has redelegated this authority
to the Deputy Administrator pursuant to 28 CFR 0.104. The Deputy
Administrator hereby certifies that this rulemaking will have no
significant impact upon entities whose interests must be considered
under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The DEA
estimates that only approximately 210 manufacturers of listed chemicals
will be impacted by these reporting requirements. The impact is minimal
since the requested information is frequently maintained in the normal
course of business operation. In an effort to further minimize the
impact of these reporting requirements and avoid duplicate reporting,
the DEA will accept existing reports which contain the required data,
provided the data is separate or readily retrievable from other data in
the report.
This final rule is not a significant regulatory action and
therefore has not been reviewed by the Office of Management and Budget
pursuant to Executive Order 12866.
This action has been analyzed in accordance with the principles and
criteria in E.O. 12612, and it has been determined that the rule does
not have sufficient federalism implications to warrant the preparation
of a Federalism Assessment.
List of Subjects in 21 CFR Part 1310
Drug traffic control, Reporting and recordkeeping requirements,
List I and List II Chemicals.
For reasons as set out above, 21 CFR Part 1310 is amended as
follows:
PART 1310--[AMENDED]
1. The authority citation for Part 1310 continues to read as
follows:
Authority: 21 U.S.C. 801, 830, 871(b).
2. Section 1310.03 is amended by redesignating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 1310.03 Persons required to keep records and file reports.
(a) * * *
(b) Each regulated person who manufactures a List I or List II
chemical shall file reports regarding such
[[Page 14024]]
manufacture as specified in Section 1310.05.
3. Section 1310.05 is amended by adding a new paragraph (d) to read
as follows:
Sec. 1310.05 Reports.
* * * * *
(d) Each regulated bulk manufacturer of a listed chemical shall
submit manufacturing, inventory and use data on an annual basis as set
forth in Sec. 1310.06(h). This data shall be submitted annually to the
Drug and Chemical Evaluation Section, Drug Enforcement Administration
(DEA), Washington, D.C. 20537, on or before the 15th day of March of
the year immediately following the calendar year for which submitted. A
business entity which manufactures a listed chemical may elect to
report separately by individual location or report as an aggregate
amount for the entire business entity provided that they inform the DEA
of which method they will use. This reporting requirement does not
apply to drug or other products which are exempted under
Secs. 1310.01(f)(1)(iv) or 1310.01(f)(1)(v) except as set forth in
Sec. 1310.06(h)(5). Bulk manufacturers that produce a listed chemical
solely for internal consumption shall not be required to report for
that listed chemical. For purposes of these reporting requirements,
internal consumption shall consist of any quantity of a listed chemical
otherwise not available for further resale or distribution. Internal
consumption shall include (but not be limited to) quantities used for
quality control testing, quantities consumed in-house or production
losses. Internal consumption does not include the quantities of a
listed chemical consumed in the production of exempted products. If an
existing standard industry report contains the information required in
Sec. 1310.06(h) and such information is separate or readily retrievable
from the report, that report may be submitted in satisfaction of this
requirement. Each report shall be submitted to the DEA under company
letterhead and signed by an appropriate, responsible official. For
purposes of this paragraph only, the term regulated bulk manufacturer
of a listed chemical means a person who manufactures a listed chemical
by means of chemical synthesis or by extraction from other substances.
The term bulk manufacturer does not include persons whose sole activity
consists of the repackaging or relabeling of listed chemical products
or the manufacture of drug dosage from products which contain a listed
chemical.
4. Section 1310.06 is amended by adding a new paragraph (h) to read
as follows:
Sec. 1310.06 Content of records and reports.
* * * * *
(h) Each annual report required by Section 1310.05(d) shall provide
the following information for each listed chemical manufactured:
(1) The name, address and chemical registration number (if any) of
the manufacturer and person to contact for information.
(2) The aggregate quantity of each listed chemical that the company
manufactured during the preceding calendar year.
(3) The year-end inventory of each listed chemical as of the close
of business on the 31st day of December of each year. (For each listed
chemical, if the prior period's ending inventory has not previously
been reported to DEA, this report should also detail the beginning
inventory for the period.) For purposes of this requirement, inventory
shall reflect the quantity of listed chemicals, whether in bulk or non-
exempt product form, held in storage for later distribution. Inventory
does not include waste material for destruction, material stored as an
in-process intermediate or other in-process material.
(4) The aggregate quantity of each listed chemical used for
internal consumption during the preceding calendar year, unless the
chemical is produced solely for internal consumption.
(5) The aggregate quantity of each listed chemical manufactured
which becomes a component of a product exempted from Section
1310.01(f)(1)(iv) or 1310.01(f)(1)(v) during the preceding calendar
year.
(6) Data shall identify the specific isomer, salt or ester when
applicable but quantitative data shall be reported as anhydrous base or
acid in kilogram units of measure.
Dated: March 19, 1996.
Stephen H. Greene,
Deputy Administrator, Drug Enforcement Administration.
[FR Doc. 96-7739 Filed 3-28-96; 8:45 am]
BILLING CODE 4410-09-M
Complete official Federal Register PDF
FR Doc. 96-7715 Special Local Regulations for Marine Events; 17th Annual Safety at Sea Seminar, Severn River, Annapolis, MD
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Page 14025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7715]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-96-014]
Special Local Regulations for Marine Events; 17th Annual Safety
at Sea Seminar, Severn River, Annapolis, MD
AGENCY: Coast Guard, DOT.
ACTION: Notice of implementation of 33 CFR 100.511.
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SUMMARY: This notice implements 33 CFR 100.511 for the 17th Annual
Safety at Sea Seminar, an annual event to be held March 30, 1996, on
the Severn River at Annapolis, Maryland. These special local
regulations are necessary to control vessel traffic within the
immediate vicinity of the U.S. Naval Academy during the Pyrotechnic
Display, Helicopter Rescue Demonstration, and Sail Training Craft
Maneuver Demonstration. The effect will be to restrict general
navigation in this area for the safety of the spectators and the
participants in these events.
EFFECTIVE DATEs: The regulations in 33 CFR 100.511 are effective from
11 a.m. to 3:30 p.m. on March 30, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Stephen Phillips, Chief, Boating Affairs Branch, Boating Safety
Division, Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
Virginia 23704-5004 (804) 398-6204, or Commander, Coast Guard Group
Baltimore (410) 576-2516.
SUPPLEMENTARY INFORMATION: The U.S. Naval Academy, Annapolis, Maryland,
submitted an application to hold the 17th Annual Safety at Sea Seminar
on the Severn River just off the Robert Crown Sailing Center, U.S.
Academy, Annapolis, Maryland. The event includes demonstrations of life
rafts, pyrotechnics, use of anti-exposure suits, man overboard
procedures, and a helicopter rescue. Since this event is of the type
contemplated by these regulations, the safety of the participants will
be enhanced by the implementation of the special local regulations.
Commercial traffic should not be severely disrupted.
Dated: March 21, 1996.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 96-7715 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-7692 The Federal Maritime CommissionGeneral
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Page 14032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7692]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 501
The Federal Maritime Commission--General
AGENCY: Federal Maritime Commission.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission is correcting its recent
document which amended its statement of delegations of authorities to
add new authority delegated to the Director of the Bureau of Economics
and Agreement Analysis to grant or deny applications for waivers of
certain regulations in 46 CFR Part 572.
EFFECTIVE DATE: March 29, 1996.
FOR FURTHER INFORMATION CONTACT:
Joseph C. Polking, Secretary, Federal Maritime Commission, 800 North
Capitol Street, N.W., Washington, DC 20573-0001, (202) 523-5725.
SUPPLEMENTARY INFORMATION: In the Commission's Final Rule in this
matter, published March 12, 1996 (61 FR 9944), amendatory instruction 2
is corrected to read:
``In section 501.26, paragraph (f) is amended by changing the
reference to ``572.404'' to ``572.406,'' and by changing the references
to ``572.501 and 572.502'' to ``572.404 and 572.405''' paragraphs (g)
through (n) are redesignated (i) through (p); newly redesignated (i)(6)
is removed; the references to ``paragraph (g) of this section'' in
newly redesignated paragraphs (j) and (k) are revised to read
``paragraph (i) of this section;'' and new paragraphs (g) and (h) are
added, as follows:''
Joseph C. Polking,
Secretary.
[FR Doc. 96-7692 Filed 3-28-96; 8:45 am]
BILLING CODE 6730-01-M
Complete official Federal Register PDF
FR Doc. 96-7679 New Animal Drugs for Use in Animal Feeds; Nicarbazin; Technical Amendment
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14021-14022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7679]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
New Animal Drugs for Use in Animal Feeds; Nicarbazin; Technical
Amendment
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations regarding the use of nicarbazin in Type C broiler
feeds. Because of incorrect amendatory instructions in a final rule
that appeared in the Federal Register of June 5, 1995 (60 FR 29483),
certain uses of nicarbazin combination Type C broiler feeds were
removed from the regulations. This document corrects those errors.
EFFECTIVE DATE: March 29, 1996
FOR FURTHER INFORMATION CONTACT: David L. Gordon, Center For Veterinary
Medicine (HFV-238), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301-594-1739.
SUPPLEMENTARY INFORMATION: In the Federal Register of June 5, 1995 (60
FR 29483), the animal drug regulations were amended to codify Merck
Research Laboratories, Division of Merck & Co.'s NADA 98-378 for use of
single ingredient nicarbazin and bacitracin methylene disalicylate Type
A articles to make combination drug Type C medicated broiler feeds. The
document published with incorrect amendatory language resulting in the
removal of certain approved uses of the drug from the regulation. FDA
is correcting these errors.
-Publication of this document constitutes final action on these
changes under the Administrative Procedures Act (5 U.S.C. 553). Notice
and public procedures on these corrections is unnecessary because FDA
is merely republishing previously approved regulations.
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is
amended as follows:
PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR part 558 continues to read as
follows:
Authority: Secs. 512, 701 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b, 371).
2. Section 558.366 is amended in the table in paragraph (c) by
alphabetically adding two new entries to read as follows:
Sec. 558.366 Nicarbazin.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
Combination in
Nicarbazin in grams per ton grams per ton Indications for use Limitations Sponsor
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Roxarsone 22.7 do.................... Feed continuously as 000006
(0.0025). sole ration from time
chicks are placed on
litter until past the
time when coccidiosis
is ordinarily a
hazard; as sole
source of organic
arsenic; do not use a
treatment for
coccidiosis; do not
use in flushing
mashes; do not feed
to laying hens;
withdraw 5 days
before slaughter.
Rosarsone 22.7 do.................... do.................... 000006
(0.0025) plus
lincomycin 2
(0.0004).
----------------------------------------------------------------------------------------------------------------
[[Page 14022]]
Dated: March 14, 1996.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 96-7679 Filed 3-28-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-7659 Revisions to Rules Implementing the Freedom of Information Act
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14024-14025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7659]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Review Commission
29 CFR Part 2201
Revisions to Rules Implementing the Freedom of Information Act
AGENCY: Occupational Safety and Health Review Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes certain technical and nomenclature
changes. In addition, the Commission is revising its fee structure for
documents sought under the Freedom of Information Act to compensate for
rising costs.
EFFECTIVE DATE: These amendments are effective March 29, 1996.
FOR FURTHER INFORMATION CONTACT:
Linda A. Whitsett, Freedom of Information Act Officer, Occupational
Safety and Health Review Commission, Room 903, 1120 20th St. N.W.,
Washington, DC 20036. Phone (202) 606-5398.
SUPPLEMENTARY INFORMATION: Part 1921 is being amended to reflect
certain technical changes in the Commission's implementation of the
Freedom of Information Act. Primarily, the Commission has changed the
title of the ``Public Information Specialist'' to the ``Freedom of
Information Act Officer.'' Part 1921 is revised to reflect that change.
In addition, decisions will no longer be available at the Commission's
regional offices. Accordingly, references to the field offices are
eliminated. Finally, the Commission is increasing several fees
associated with Freedom of Information Act requests to compensate for
rising costs incurred since the fees were set in 1988.
List of Subjects in 29 CFR Part 2201
Freedom of information, Records.
For the reasons set forth in the preamble, title 29, chapter XX,
part 2201 is amended as set forth below:
PART 2201--REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT
1. The authority for part 2201 continues to read as follows:
Authority: 29 U.S.C. 661(g); 5 U.S.C. 552.
2. In part 2201 all references to ``Public Information Specialist''
are removed and ``Freedom of Information Act Officer'' added in their
places.
3. Section 2201.3 is revised to read as follows:
[[Page 14025]]
Sec. 2201.3 Delegation of authority.
The Freedom of Information Act Officer is delegated the authority
to act upon all requests for public records. In the absence of the
Freedom of Information Act Officer, the Chairman or the Executive
Director may designate another Commission officer or employee, such as
the General Counsel or the Executive Secretary, to respond to requests.
Copies of individual Commission decisions may be obtained directly from
the Freedom of Information Act Officer at the Commission's national
office. See Sec. 2201.5(a). All other information requests shall be
directed to the Freedom of Information Act Officer. See Sec. 2201.6(b).
4. Section 2201.5 is amended by revising paragraphs (a) and (b)(1)
to read as follows:
Sec. 2201.5 Copies of Commission decisions.
(a) Single decisions. One copy of a Commission decision or decision
by an Administrative Law Judge may be obtained free of copying fees by
calling, writing or visiting the Freedom of Information Act Officer at
the Commission's national office. A search fee may be charged, however,
if the decision is not identified by name and date, or by docket
number, or if it is not otherwise easily identifiable. See Sec. 2201.8
(b)(2)(i). Copying fees will be charged if more than one decision is
requested and the copying cost exceeds $10. See Sec. 2201.8 (a)(1) and
(b)(1). The address and telephone number of the office at which
decisions are available is OSHRC, Freedom of Information Act Officer,
One Lafayette Centre, 1120-20th St. NW., room 900, Washington, DC
20036-3419. Telephone 202-606-5398.
(b)(1) OSAHRC Reports. All final Commission decisions from 1971
through 1992 (including decisions of the Commission and its
Administrative Law Judges) of general applicability, and concurring and
dissenting opinions, are published in a series of microfiche entitled
OSAHRC Reports. OSAHRC Reports may be purchased from the Superintendent
of Documents, U.S. Government Printing Office, Washington, DC 20402.
Persons wishing to obtain copies of numerous decisions and avoid large
copying charges may purchase OSAHRC Reports or subscribe to a private
reporting service. Decisions issued after 1992 are available by
calling, writing or visiting the national office.
* * * * *
5. Section 2201.8 is amended by revising the first sentence of
paragraph (b)(2) introductory text to read as follows:
Sec. 2201.8 Fees for copying, searching, and review.
* * * * *
(b) Types of fees. * * *
(2) Search fee. The fee for searching for information and records
shall be $19 per hour of clerical time and $46 per hour of professional
time. * * *
* * * * *
Dated: March 25, 1996.
Earl R. Ohman, Jr.,
General Counsel.
[FR Doc. 96-7659 Filed 3-28-96; 8:45 am]
BILLING CODE 7600-01-M
Complete official Federal Register PDF
FR Doc. 96-7653 Grapes Grown in a Designated Area of Southeastern California; Interim Final Rule To Revise Container Requirements
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Page 14013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7653]
========================================================================
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. 62 / Friday, March 29, 1996 / Rules
and Regulations
[[Page 14013]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 925
[Docket No. FV95-925-1C]
Grapes Grown in a Designated Area of Southeastern California;
Interim Final Rule To Revise Container Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Correction to interim final rule.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the interim final rule
published on March 19, 1996 [61 FR 11127] concerning grapes grown in
Southeastern California.
EFFECTIVE DATE: March 19, 1996.
FOR FURTHER INFORMATION CONTACT: Charles L. Rush, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2526-S, Washington, DC 20090-6456, telephone (202) 690-
3670; or Rose M. Aguayo, California Marketing Field Office, Marketing
Order Administration Branch, Fruit and Vegetable Division, AMS, USDA,
2202 Monterey Street, Suite 102B, Fresno, California 93721; telephone
(209) 487-5901.
SUPPLEMENTARY INFORMATION:
Background
This rule adds two new containers to the list of containers
authorized for use by table grape handlers regulated under the
marketing order. This rule also reduces the minimum net weight of
containers of California table grapes from 22 pounds to 20 pounds and
for grapes packed in poly bags from 20 pounds to 18 pounds.
Need for Correction
The interim final rule as published contains an error in the
amendatory language affecting 7 CFR part 925.
Correction of Publication
Accordingly, in FR Doc. 96-6348, published March 19, 1996, page
11129, amendatory language number 2, is corrected to read as follows:
Sec. 925.304 [Corrected]
2. In Sec. 925.304, paragraph (b)(2) is revised and paragraphs
(b)(1)(vi) and (b)(1)(vii) are redesignated as paragraphs (b)(1)(viii)
and (b)(1)(ix) and new paragraphs (b)(1)(vi) and (b)(1)(vii) are added
to read as follows:
Dated: March 25, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-7653 Filed 3-28-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-7623 Radio Broadcasting Services; Stonewall, MS, and Lisman, AL
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Page 14032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7623]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 95-78; RM-8619, RM-8678]
Radio Broadcasting Services; Stonewall, MS, and Lisman, AL
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission, at the request of Stonewall Broadcasters,
allots Channel 295A to Stonewall, Mississippi, as the community's first
local FM service. See 60 FR 31277, June 14, 1995. At the request of
Lisman Community Broadcasting Company, Inc., the Commission allots
Channel 299A to Lisman, Alabama, as the community's first local FM
service. Channels 295A and 299A can be allotted to Stonewall and
Lisman, respectively, in compliance with the Commission's minimum
distance separation requirements. Channel 295A can be allotted to
Stonewall with a site restriction of 14.1 kilometers (8.7 miles)
northeast to avoid a short-spacing with Station WSTZ(FM), Channel 294C,
Vicksburg, Mississippi. Channel 299A can be allotted to Lisman without
the imposition of a site restriction. The coordinates for Channel 295A
at Stonewall, Mississippi, are 32-11-37 and 88-39-48. The coordinates
for Lisman, Alabama, are 32-10-07 and 88-16-57. With this action, this
proceeding is terminated.
DATES: Effective May 10, 1996. The window period for filing
applications will open on May 10, 1996, and close on June 10, 1996.
FOR FURTHER INFORMATION CONTACT: Pam Blumenthal, Mass Media Bureau,
(202) 418-2180.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, MM Docket No. 95-78, adopted March 15, 1996, and
released March 26, 1996. The full text of this Commission decision is
available for inspection and copying during normal business hours in
the FCC Reference Center (Room 239), 1919 M Street, NW., Washington,
DC. The complete text of this decision may also be purchased from the
Commission's copy contractor, ITS, Inc., (202) 857-3800, 2100 M Street,
NW., Suite 140, Washington, DC 20037.
List of Subjects in 47 CFR Part 73
Radio broadcasting.
Part 73 of title 47 of the Code of Federal Regulations is amended
as follows:
PART 73--[AMENDED]
1. The authority citation for part 73 continues to read as follows:
Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154,
as amended.
Sec. 73.202 [Amended]
2. Section 73.202(b), the Table of FM Allotments under Mississippi
and Alabama, is amended by adding Stonewall, Channel 295A and by adding
Lisman, Channel 299A.
Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media
Bureau.
[FR Doc. 96-7623 Filed 3-28-96; 8:45 am]
BILLING CODE 6712-01-F
Complete official Federal Register PDF
FR Doc. 96-7587 Expansion of Global Priority Mail
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14025-14029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7587]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 20
Expansion of Global Priority Mail
AGENCY: Postal Service.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is expanding Global Priority Mail service
by increasing the number of acceptance points, countries (annotated in
bold in the text) and adding weight variable rates for items up to four
pounds.
DATES: The interim regulations take effect March 25, 1996. Comments
must be received on or before May 28, 1996.
ADDRESSES: Written comments should be mailed or delivered to the
Manager, Commercial Products, International Business Unit, US Postal
Service, Room 370-IBU, 475 L'Enfant Plaza SW, Washington, DC 20260-
4261. Copies of all written comments will be available for public
inspection and photocopying between 9 a.m. and 4 p.m., Monday through
Friday, at the above address.
FOR FURTHER INFORMATION CONTACT: Jay Thabet, (202) 268-2269.
SUPPLEMENTARY INFORMATION: On March 17, 1995, the Postal Service
published in the Federal Register (60 FR 14370) interim regulations
implementing WORLDPOST Priority Letter and requested comments. A final
rule adopting the interim rules as final was filed at the Office of the
Federal Register March 25, 1996. In the final rule the name of the
service was changed to Global Priority Mail service and additional
acceptance points were added.
Global Priority Mail is an expedited airmail service providing fast
reliable, and economical delivery of all items mailable as letters.
Although a Global Priority Mail item will travel in the normal airmail
stream between the United States and the destination country, the item
will receive priority
[[Page 14026]]
handling in the United States and, typically, in the destination
country. In the United States, after the item is deposited, the Postal
Service will transport it in a dedicated stream to the appropriate
gateway for dispatch. Upon arrival in the destination country, the item
will also receive priority handling. Service is available only in
certain ZIP Code areas in the United States and only to certain
countries.
The Postal Service is now expanding the number of acceptance points
to make the service more widely available. The new acceptance points
are set forth below. The Postal Service is also adding weight variable
rates. With the new rates, customers may use their own packaging for
items weighing up to 4 pounds. Each variable weight item must bear a
Global Priority Mail sticker provided by the Postal Service. These
changes will make Global Priority Mail available to more customers and
should make the service more useful, by making it easier to mail items
other than documents or letters.
Although 39 U.S.C. 407 does not require advance notice and
opportunity for submission of comments, and the Postal Service is
exempted by 39 U.S.C. 410 (a) from the advance notice requirements of
the Administrative Procedure Act regarding proposed rulemaking (5 U.S.C
553), the Postal Service invites interested persons to submit written
data, views, or comments concerning the interim rule.
The Postal Service adopts the following interim amendments to the
International Mail Manual, which is incorporated by reference in the
Code of Federal Regulations. See 39 CFR 20.1.
List of Subjects in 39 CFR Part 20
International postal service, Foreign relations.
PART 20--[AMENDED]
1. The authority citation for 39 CFR part 20 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408.
2. Chapter 2 of the International Mail Manual is amended by
revising part 226 to read as follows:
2 CONDITIONS FOR MAILING
* * * * *
226 Global Priority Mail
226.1 General
226.11 Definition
Global Priority Mail is an expedited airmail letter service
providing fast, reliable, and economical delivery of all items mailable
as letters or merchandise up to 4 pounds. Global Priority Mail items
receive priority handling in the United States and in destination
countries. Service is available only to destination countries
identified in 226.2, from post offices identified in 226.3.
226.12 Permissible Items
All items sent as letter class mail (see 221.1) are accepted in
Global Priority Mail provided the contents are mailable and fit
securely in the envelope. Global Priority Mail items may contain
dutiable merchandise unless the country of destination specifically
prohibits dutiable merchandise in letters (see 224.51). Any item that
is prohibited in international mail is prohibited in Global Priority
Mail. Refer to the ``Country Conditions of Mailing'' in the individual
country listings for individual country prohibitions.
226.13 Packaging
Items must fit comfortably within the flat-rate envelope without
distorting or bursting the container. No excessive use of tape to keep
the envelopes from bursting, only one piece of tape may be used to
secure the flap.
226.2 Availability
Global Priority Mail is available to the following additional
countries:
------------------------------------------------------------------------
Western Europe Pacific Rim North America
------------------------------------------------------------------------
Austria......................... Australia......... Canada.
Belgium......................... Hong Kong.........
Denmark......................... Japan.............
Finland......................... Korea, Republic of
France.......................... New Zealand.......
Germany......................... Philippines.......
Iceland......................... Singapore.........
Ireland......................... Taiwan............
Luxembourg...................... Thailand..........
Netherlands, The................ Vietnam...........
Norway.
Portugal.
Spain.
Sweden.
Switzerland.
United Kingdom.*
------------------------------------------------------------------------
* Includes all points in England, Scotland, Wales, Northern Ireland,
Guernsey, Jersey, and the Isle of Man.
226.3 Mailing Locations
226.31 Acceptance Offices and Pickup Service Locations
Global Priority Mail service is available only through the
designated post offices and the additional post offices listed in
226.32. Pickup Service is available for an additional fee. (See
226.83.)
226.32 Service Areas
Service is available only from the metropolitan areas as defined by
the ZIP Code ranges shown below. If Global Priority Mail is presented
at a non-participating retail unit, advise the customer that the item
cannot be accepted as Global Priority Mail. Refer customer to the
nearest Global Priority Mail retail acceptance unit. Within these
service areas, prepaid items may be given to carriers, deposited in
Express Mail collection boxes, or mailed at post offices, stations, and
branches.
Global Priority Mail Acceptance Cities and Three-Digit ZIP Codes
ALABAMA
Anniston: 362
Birmingham: 352
Huntsville: 356, 357, 358
Mobile: 366
Montgomery: 361, 368
ARIZONA
Phoenix: 850, 852, 853
Tucson: 857
ARKANSAS
Little Rock: 722
West Memphis: 723
CALIFORNIA
Industry: 917, 918
Inglewood: 902, 903, 904, 905
Long Beach: 906, 907, 908
Los Angeles: 900, 901
North Bay: 949
Oakland: 945, 946, 947, 948,
Pasadena: 910, 911, 912
Salinas: 939
San Diego: 919, 920, 921
San Francisco: 940, 941, 943, 944
San Jose: 950, 951
Santa Ana: 926, 927, 928
Van Nuys: 913, 914, 915, 916
COLORADO
Brighton: 806
Colorado Springs: 808, 809
Denver: 800, 801, 802, 803
Longmont: 805
Pueblo: 810
CONNECTICUT
Hartford: 060, 061, 062
New Haven: 063, 064, 065, 066
Stamford: 068, 069
Waterbury: 067
DELAWARE
Wilmington: 197, 198, 199
DISTRICT OF COLUMBIA (Washington, DC)
Washington: 200, 202, 203, 204, 205
FLORIDA
Daytona Beach: 321
Fort Myers: 339
Ft. Lauderdale: 333
Gainesville: 326, 344
Jacksonville: 320, 322
Lakeland: 338
Manasota: 342
Miami: 331, 332
Mid-Florida: 327
[[Page 14027]]
Orlando: 328, 329, 347
South Florida: 330
St. Petersburg: 337
Tallahassee: 323
Tampa: 335, 336, 346
West Palm Beach: 334, 349
GEORGIA
Albany: 317
Athens: 306
Atlanta: 303, 311
Augusta: 298, 308, 309
Columbus: 318, 319
Macon: 310, 312
North Metro: 300, 301, 302, 305
Savannah: 299, 313, 314
Swainsboro: 304
Valdosta: 316
Waycross: 315
INDIANA
Bloomington: 474
Columbus: 472
Evansville: 424, 476, 477
Fort Wayne: 467, 468
Gary: 463, 464
Indianapolis: 460, 461, 462
Kokomo: 469
Lafayette: 479
Muncie: 473
South Bend: 465, 466
Terre Haute: 478
Washington: 475
ILLINOIS
Bloomington: 617
Carbondale: 629
Carol Stream: 601, 603
Centralia: 628
Chicago: 606, 607, 608
Effingham: 624
Champaign: 618, 619
Fox Valley: 605
Galesburg: 614
Kankakee: 609
La Salle: 613
Palatine: 600, 602
Peoria: 615, 616
Quincy: 623, 634, 635
Rockford: 610, 611
Rock Island: 612
Springfield: 625, 626, 627
South Suburban: 604
IOWA
Burlington: 526
Cedar Rapids: 522, 523, 524
Davenport: 527, 528
Des Moines: 500, 501, 502, 503, 509
Dubuque: 520
Mason City: 504
Ottumwa: 525
Sioux City: 510, 511
Waterloo: 506, 507
KANSAS
Fort Scott: 667
Kansas City: 660, 661, 662
Hays: 676
Salina: 674
Topeka: 664, 665, 666, 668
Wichita: 672
KENTUCKY
Ashland: 411, 412
Bowling Green: 421, 422
Campton: 413, 414
Elizabeth: 427
Evansville: 424, 476
Louisville: 400, 401, 402, 471
Lexington: 403, 404, 405, 406
Owensboro: 423
Pikeville: 415, 416
LOUISIANA
Baton Rouge: 707, 708
New Orleans: 700, 701
Hammond: 704
Thibodaux: 703
MAINE
Bangor: 044, 046, 047
Portland: 040, 041, 042, 043, 045, 048, 049
MARYLAND
Baltimore: 210, 211, 212, 214, 219
Cumberland: 215, 267
Easton: 216
Frederick: 217
Salisbury: 218
Southern: 206, 207
Suburban: 208, 209
MASSACHUSETTS
Boston: 021, 022
Brockton: 020, 023, 024
Buzzard Bay: 025, 026
Middlesex-Essex: 018, 019
Pittsfield: 012
Springfield: 013, 010, 011
Worchester: 014, 015, 016, 017
MICHIGAN
Detroit: 481, 482
Flint: 484, 485
Gaylord: 497
Grand Rapids: 493, 494, 495
Jackson: 492
Kalamazoo: 490, 491
Lansing: 488, 489
Royal Oak: 480, 483
Saginaw: 486, 487
Traverse City: 496
MINNESOTA
Detroit Lakes: 565
Duluth: 558
Mankato: 560
Minneapolis: 553, 554f
Rochester: 559
Saint Cloud: 563
St. Paul: 550, 551, 540
Thief River Falls: 567
Willmar: 562
Windom: 561
MISSISSIPPI
Grenada: 389
Gulf Port: 395
Hattiesburg: 394
Jackson: 392
McComb: 396
MISSOURI
Cape Girardeau: 636, 637, 638, 639
Chillicothe: 646
East St. Louis: 622
Harrisonville: 647
Kansas City: 640, 641
Mid-Missouri: 650, 651, 652, 653
Saint Joseph: 644, 645
Springfield: 648, 654, 655, 656, 657, 658
St. Louis: 620, 630, 631, 633
MONTANA
Billings: 591
NEBRASKA
Lincoln: 683, 684, 685
Norfolk: 686, 687
Omaha: 515, 516, 680, 681
NEVADA
Las Vegas: 891
NEW HAMPSHIRE
Manchester: 030, 031, 032, 033, 034
Portsmouth: 038, 039
NEW JERSEY
Hackensack: 076
Kilmer: 088, 089
Monmouth: 077
Newark: 070, 071, 072, 073
Paterson: 074, 075
South Jersey: 080, 081, 082, 083, 084
Trenton: 085, 086, 087
West Jersey: 078, 079
NEW MEXICO
Albuquerque: 871
NEW YORK
Albany: 120, 121, 122, 123
Binghamton: 137, 138, 139
Bronx: 104
Brooklyn: 112
Buffalo: 140, 141, 142, 143
Elmira: 148, 149
Glen Falls: 128
Jamestown: 147
Long Island: 111
Mid-Hudson: 124, 125, 126, 127
Mid Island: 119
New York: 100, 101, 102
Plattsburgh: 129
Queens: 110, 113, 114, 116
Rochester: 144, 145, 146
Rockland: 109
Staten Island: 103
Syracuse: 130, 131, 132
Utica: 133, 134, 135
Watertown: 136
Westchester: 105, 106, 107, 108
Western Nassau: 115
NORTH CAROLINA
Asheville: 287, 288, 289
Charlotte: 280, 281, 282, 297
Greensboro: 270, 271, 272, 273, 274
Hickory: 286
Raleigh: 275, 276, 277
NORTH DAKOTA
Bismarck: 585
Dickinson: 586
Devils Lake: 583
Fargo: 580, 581
Grand Forks: 582
Jamestown: 584
Minot: 587
Williston: 588
OHIO
Akron: 442, 443
Athens: 457
Canton: 446, 447
Chillicothe: 456
Cincinnati: 410, 450, 451, 452, 470
Cleveland: 440, 441
Columbus: 430, 431, 432, 433
Dayton: 453, 454, 455
Lima: 458
Mansfield: 448, 449
Steubenville: 439
Toledo: 434, 435, 436
[[Page 14028]]
Youngstown: 444, 445
Zanesville: 337-338
OKLAHOMA
Ardmore: 734
Clinton: 736
Durant: 747
Enid: 737
Lawton: 735
McAlester: 745
Muskogee: 744
Oklahoma City: 730, 731
Ponca City: 746
Poteau: 749
Shawnee: 748
Tulsa: 740, 741, 743
Woodard: 738
OREGON
Portland: 972
PENNSYLVANIA
Altoona: 166, 168
Bradford: 167
Dubois: 158
Erie: 164, 165
Greensburg: 156
Harrisburg: 170, 171, 172, 178
Johnstown: 155, 157, 159
Lancaster: 173, 174, 175, 176
Lehigh Valley: 180, 181, 183
New Castle: 160, 161, 162
Oil City: 163
Philadelphia: 190, 191
Pittsburgh: 150, 151, 152, 153, 154
Reading: 179, 195, 196
Scranton: 184, 185, 188
Southeastern: 189, 193, 194
Wilkes-Barre: 182, 186, 187
PUERTO RICO/VIRGIN ISLANDS
San Juan: 006, 007, 008, 009
RHODE ISLAND
Providence: 027, 028, 029
SOUTH CAROLINA
Charleston: 294
Columbia: 290, 291, 292
Florence: 295
Greenville: 293, 296
SOUTH DAKOTA
Aberdeen: 574
Dakota Central: 572, 573
Mobridge: 576
Pierre: 575
Rapid City: 577
Sioux Falls: 570, 571
TENNESSEE
Chattanooga: 307, 373, 374
Columbia: 384
Cookeville: 385
Jackson: 383
Johnson City: 376
Knoxville: 377, 378, 379
McKenzie: 382
Memphis: 380, 381, 386
Nashville: 370, 371, 372
TEXAS
Abilene: 768, 795, 796
Amarillo: 791
Austin: 786, 787, 789
Beaumont: 776, 777
Bryan: 778
Corpus Christi: 784
Dallas: 751, 752, 753
El Paso: 799
Fort Worth: 760, 761, 762, 764
Greenville: 754
Houston: 770, 772
Longview: 756
Lubbock: 794
Lufkin: 759
North Houston: 773, 774, 775
North Texas: 750
Palestine: 758
San Angelo:769
San Antonio: 780, 781, 782, 788
Texarkana: 755
Tyler: 757
Waco: 765, 766, 767
Wichita Falls: 763
UTAH
Provo: 845, 846, 847
Salt Lake City: 840, 841, 843, 844
VERMONT
Burlington: 054, 056
White River Junction: 035, 036, 037, 050,
051, 052, 053, 057, 058, 059
VIRGINIA
Charlottesville: 228, 229, 244
Culpeper: 227
Farmville: 239
Northern Virginia: 201, 220, 221, 222, 223
Norfolk: 233, 234, 235, 236, 237
Richmond: 224, 225, 230, 231, 232, 238
Winchester: 226
WASHINGTON
Everett: 982
Olympia: 985
Seattle: 980, 981
Tacoma: 983, 984
Wenatchee: 988
Yakima: 989
WEST VIRGINIA
Charleston: 250, 251, 252, 253
Huntington: 255, 256, 257
Martinsburg: 254
Wheeling: 260
WISCONSIN
Eau Claire: 547
Green Bay: 543
La Crosse: 546
Madison: 537
Milwaukee: 530, 531, 532
Oshkosh: 549
Racine: 534
Spooner: 548
WYOMING
Cheyenne: 820
226.4 Postage
226.41 Flat Rate Envelopes Postage
Each Global Priority Mail flat rate envelope is charged at a flat
rate. The rate is based on the geographic rate zone regardless of its
actual weight. Postage is required for each piece.
Exhibit 226.41
------------------------------------------------------------------------
Small Large
Destination envelope envelope
------------------------------------------------------------------------
Western Europe *.................................... $3.75 $6.95
Canada *............................................ 3.75 6.95
Pacific Rim *....................................... 4.95 8.95
------------------------------------------------------------------------
* See 226.2 for listing.
226.42 Variable Weight Option Postage--Single Piece Rates
Global Priority Mail variable weight rates are calculated in half
(or fraction thereof) increments based on the weight of each piece the
destination geographic rate zone up to four pounds. (See Exhibit
226.42.)
Exhibit 226.42.--Variable Weight Rate Sticker Postage
------------------------------------------------------------------------
Western Pacific
Weight level (lbs.) Europe Rim Canada
------------------------------------------------------------------------
0.5....................................... $7.00 $8.00 $5.95
1.0....................................... 10.50 12.50 10.00
1.5....................................... 12.50 16.95 13.50
2.0....................................... 15.00 21.00 16.50
2.5....................................... 17.50 23.95 18.00
3.0....................................... 19.95 27.25 19.50
3.5....................................... 22.00 31.50 21.00
4.0....................................... 24.75 34.50 22.50
------------------------------------------------------------------------
226.43 Global Priority Mail Sticker--Volume Rates
226.431 Minimum Quantity Requirement
The mailer must have a minimum of 5 or more pieces to one or more
Global Priority Mail countries. The minimum does not apply to each
geographic zone rate.
226.432 Mailing Statement
Postage for volume rate mail and permit imprint must be computed on
Form 3653, Global Priority Mail Statement of Mailings.
Exhibit 226.43.--Variable Weight Sticker Option--Volume Rates
------------------------------------------------------------------------
Western Pacific
Weight level Europe Rim Canada
------------------------------------------------------------------------
0.5....................................... $5.95 $6.95 $5.00
1.0....................................... 8.50 10.00 7.50
1.5....................................... 10.00 13.50 10.00
2.0....................................... 12.00 16.95 12.50
2.5....................................... 14.00 19.25 13.50
3.0....................................... 16.95 21.95 14.50
3.5....................................... 19.95 25.50 15.50
4.0....................................... 22.50 27.75 16.50
------------------------------------------------------------------------
226.5 Payment Methods
226.51 Postage Payment Methods
Nonidentical weight piece mailings must have the applicable postage
affixed by adhesive stamps, meter stamps or if
[[Page 14029]]
presented at a post office, postal validation imprinter (PVI labels).
Identical weight piece mailings may be paid by meter stamps, adhesive
stamps, PVI labels or permit imprint subject to certain standards. To
use permit imprint, the mailing must consist of 200 or more pieces and
be of identical weight. The 200 pieces criteria for permit imprint
applies to both volume rate and flat rate mail. Mailers may use permit
imprint with nonidentical weight items only if authorized by the USPS
under a Manifest Mailing System (MMS), in Domestic Mail Manual (DMM)
P710.
226.52 Postal Marking Related to Volume Rate Postage
When pieces are paid at the volume rate and paid by stamps or meter
impression, each piece must be legibly marked with the words ``Volume
Rate Global Priority Mail.'' If stamps are used the endorsement must
appear on the address side of each piece and must be applied by a
printing press, hand stamp or other similar printing device. If meter
impression is used the endorsement must be in the ad plate or the slug
area. If part of the slug, the abbreviation GPM Vol. Rate may be used.
See DMM P030.4.14 for specification of size requirements.
226.53 Permit Imprint Content and Format
All permit imprints on Global Priority Mail must show city and
state, ``Global Priority Mail,'' U.S. Postage Paid, and permit number.
They may show the mailing date, amount of postage paid or the number of
ounces for each postage.
226.54 Meter Stamps Content
At a minimum, a meter stamp must show the month, day and year in
the postmark, city and state designation of the licensing post office,
the number, and the amount of postage. See DMM P030.4.6.
226.6 Preparation Requirements
226.61 Addressing
All items must bear the complete delivery address of the addressee
and the full name (no abbreviations) of the destination country. See
122.
226.62 Marking
Global Priority Mail items must be mailed in special envelopes (EP-
15A, EP-15B) or with the Global Priority Mail sticker (DEC-10) provided
by the Postal Service. (These supplies may be obtained by calling 800-
222-1811.) Unmarked pieces are subject to the applicable LC/AO airmail
regular rates and treatment. Pieces paid at the Global Priority Mail
sticker rate must be affixed to the address side of the package.
226.63 Customs
A green customs label must be affixed if the package is 1 pound or
more, regardless of its contents. Only documents and correspondence
under 1 pound do not require a customs form.
226.7 Size and Weight Limits
226.71 Size Limits
226.72 Flat-Rate Envelope Sizes
a. Small Size: 6 x 10 inches.
b. Large Size: 9\1/2\ x 12\1/2\ inches.
226.73 Package Sizes for Variable Weight Option
a. Minimum length and height: 5\1/2\ x 3\1/2\ inches.
b. Minimum depth (thickness): .007 inches.
c. Maximum length: 24 inches.
d. Maximum length, height, depth (thickness) combined: 36 inches.
226.74 Rolls
a. Minimum length: 4 inches.
b. Minimum length plus twice the diameter combined: 6\3/4\ inches.
c. Maximum length: 36 inches.
d. Maximum length plus twice the diameter combined: 42 inches.
226.75 Weight Limits
Items sent as Global Priority Mail in envelopes and the variable
weight option must not exceed 4 pounds.
226.76 Special Services
Mailers may obtain certificates of mailing (see 310). No other
special services such as registry, insurance, restricted delivery,
return receipt, or recorded delivery are available.
226.8 Mailer Preparation
226.81 Mailer Requirement
Global Priority Mail claimed at the volume rate must be separated
by geographic rate zone (Western Europe, Pacific Rim, and Canada) when
presented to the business mail entry unit unless otherwise authorized
by the USPS. All pieces in a permit imprint mailing and metered mail
must be facing the same direction.
226.82 Deposit Of Mail
Global Priority Mail pieces paid by permit imprint and pieces
claimed at the Global Priority Mail volume rates must be deposited at a
business mail acceptance unit as authorized by the postmaster in the
designated Global Priority Mail sites for weighing. Flat rate envelopes
with postage affixed may be deposited in any Express Mail Street
collection or other such place where Express Mail is accepted. Metered
mail must be deposited in locations under the jurisdiction of the
licensing post office except as permitted under DMM P030.
226.83 Pickup Service
On call and scheduled pickup service are available for Global
Priority Mail from the designated Global Priority Mail acceptance
cities. There is a charge of $4.95 for each pickup stop, regardless of
the number of pieces picked up. (See DMM D010 for standards of pickup
service.) Pickup is not available for Global Priority Mail pieces if
paid by permit imprint or claimed at the volume rate.
* * * * *
A transmittal letter making the changes in the pages of the
International Mail Manual will be published and transmitted
automatically to subscribers. Notice of issuance of the transmittal
letter will be published in the Federal Register as provided by 39 CFR
20.3.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 96-7587 Filed 3-26-96; 10:30 am]
BILLING CODE 7710-12-P
Complete official Federal Register PDF
FR Doc. 96-7515 General Services Administration Acquisition Regulation; Acquisition of Commercial Items
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14032-14033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7515]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 501, 504, 511, 512, 515 and 552
[APD 2800.12A CHGE 70]
RIN 3090-AF86
General Services Administration Acquisition Regulation;
Acquisition of Commercial Items
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Interim rule with request for comments; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects editorial errors in the interim rule,
published in the Federal Register on February 16, 1996 (61 FR 6164).
EFFECTIVE DATE: March 4, 1996.
FOR FURTHER INFORMATION CONTACT:
Les Davison, GSA Acquisition Policy Division, (202) 501-1224.
SUPPLEMENTARY INFORMATION: In FR document 96-3593, beginning on page
6164, in the issue of February 16, 1996, make the following
corrections:
[[Page 14033]]
1. Authority: 40 U.S.C. 486(c).
501.105 [Corrected]
2. On page 6164, item No. 2 at the bottom of column 3 is corrected
to read as follows:
2. Section 501.105 is amended by revising the following GSAR
references to read as follows:
510.004-70 is redesignated as 511.170(b)(3), 510.011(i) is
redesignated as 511.204(g), 512.104(a)(2) is redesignated as
511.404(a)(2) and 512.104(a)(4) is redesignated as 511.404(a)(5).
3. On page 6165, item No. 3 at the top of column 1 is corrected to
read as follows:
3. Section 504.803 is amended in the first sentence of paragraph
(a) by removing ``(28)'' and inserting ``(27)'' and by revising
paragraphs (a)(12) and (a)(25) to read as follows:
4. On page 6165, column 1, ``PART 10--MARKET RESEARCH'' is
corrected to read ``PART 510--MARKET RESEARCH.''
511.404 [Corrected]
5. On page 6166, column 2, in section 511.404(a)(3) is corrected by
removing the last sentence and inserting in its place two sentences to
read as follows:
* * * For items having a limited shelf-life, Alternate I to 48 CFR
552.211-79 must be substituted for the basic clause when required by
the director of the FSS commodity center concerned. The Age on Delivery
clause at 48 CFR 552.211-80 should be used when the required shelf life
period is more than 12 months, or when source inspection can be
performed within a short time period.
515.804-6 [Corrected]
6. On page 6168, column 2, the second line in paragraph (b)(5) of
the ``Commercial Sales Practices'' format, ``paragraph (b) (1) through
(4)'' is corrected to read ``paragraphs (1) through (4)''.
7. On page 6170, in item 48, ``52.211-82'' is corrected to
``552.211-82.''
Dated: March 20, 1996.
Ida M. Ustad,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 96-7515 Filed 3-28-96; 8:45 am]
BILLING CODE 6820-61-M
Complete official Federal Register PDF
FR Doc. 96-7400 Airworthiness Directives; Fokker Model F27 Mark 050 and Model F28 Mark 0100 Series Airplanes
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14013-14014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7400]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-70-AD; Amendment 39-9553; AD 96-07-04]
Airworthiness Directives; Fokker Model F27 Mark 050 and Model F28
Mark 0100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Fokker Model F27 Mark 050 and Model F28 Mark 0100
series airplanes, that requires an inspection to verify that adequate
clearance exists between the insulation screen and the two adjacent
terminal bolts, and replacement of the circuit breaker terminal bolts
with new bolts, if necessary. This amendment is prompted by a report
that circuit breaker terminal bolts that were too long were discovered
installed in the circuit breaker panels. The actions specified by this
AD are intended to prevent damage to the insulation screen between
adjacent rows of circuit breakers, as the result of a circuit breaker
terminal bolt being too long; this condition could lead to electrical
arcing and loss of the associated electrical system, which could result
in the potential for an electrical fire.
DATES: Effective April 29, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 29, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street,
Alexandria, Virginia 22314. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street, NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206)
227-2141; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Fokker Model F27 Mark 050
and Model F28 Mark 0100 series airplanes was published in the Federal
Register on November 28, 1995 (60 FR 58584). That action proposed to
require a one-time inspection to verify that adequate clearance exists
between the insulation screen and the two adjacent terminal bolts, and
replacement of the circuit breaker terminal bolts with new bolts, if
necessary.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
The commenter supports the proposed rule.
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
The FAA estimates that 44 Model F28 Mark 0100 series airplanes of
U.S. registry will be affected by this AD, that it will take
approximately 1 work hour per airplane to accomplish the required
actions, and that the average labor rate is $60 per work hour. Based on
these figures, the cost impact of the AD on U.S. operators of Model F28
Mark 0100
[[Page 14014]]
series airplanes is estimated to be $2,640, or $60 per airplane.
Should an operator of Model F28 Mark 0100 series airplanes be
required to accomplish the necessary bolt replacement, it will take
approximately 7 work hours per airplane to accomplish the replacement,
at an average labor rate of $60 per work hour. Required parts will cost
approximately $100 per airplane. Based on these figures, the cost
impact of any necessary replacement action is estimated to be $520 per
airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
Currently there are no Fokker Model F27 Mark 050 series airplanes
on the U.S. Register. However, should an affected airplane be imported
and placed on the U.S. Register in the future, it will take
approximately 1 work hour per airplane to accomplish the required
inspection, at an average labor rate of $60 per work hour. Based on
these figures, the impact of the required inspection on operators of
Model F27 Mark 050 series airplanes will be $60 per airplane.
Should an operator of Model F27 Mark 050 series airplanes be
required to accomplish the necessary bolt replacement, it will take
approximately 17 work hours per airplane to accomplish the replacement,
at an average labor rate of $60 per work hour. Required parts will cost
approximately $150 per airplane. Based on these figures, the cost
impact of any necessary replacement action is estimated to be $1,170
per airplane.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-07-04 Fokker: Amendment 39-9553. Docket 95-NM-70-AD.
Applicability: Model F27 Mark 050 series airplanes having serial
numbers 20247 through 20292 inclusive, and 20294 through 20297
inclusive; and Model F28 Mark 0100 series airplanes having serial
numbers 11390 through 11479 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (b) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent electrical arcing and subsequent loss of the
associated electrical system, which could result in the potential
for an electrical fire, accomplish the following:
(a) Within 12 months after the effective date of this AD,
perform an inspection to verify if adequate clearance exists between
the insulation screen and the two adjacent terminal bolts in
accordance with Fokker Service Bulletin SBF100-20-001, dated January
15, 1994 (for Model F28 Mark 0100 series airplanes), or Fokker
Service Bulletin SBF50-20-003, dated January 11, 1994 (for Model F27
Mark 050 series airplanes), as applicable.
(1) If adequate clearance is found, no further action is
required by this AD.
(2) If inadequate clearance is found, prior to further flight,
replace the circuit breaker terminal bolts with new bolts in
accordance with the applicable service bulletin.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The inspection and replacement shall be done in accordance
with Fokker Service Bulletin SBF100-20-001, dated January 15, 1994,
or Fokker Service Bulletin SBF50-20-003, dated January 11, 1994, as
applicable. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from Fokker Aircraft USA,
Inc., 1199 North Fairfax Street, Alexandria, Virginia 22314. Copies
may be inspected at the FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(e) This amendment becomes effective on April 29, 1996.
Issued in Renton, Washington, on March 21, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-7400 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-7399 Airworthiness Directives; Fokker Model F28 Mark 0100 Series Airplanes
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14014-14016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7399]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-86-AD; Amendment 39-9555; AD 96-07-06]
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Fokker Model F28 Mark 0100 series airplanes, that
requires
[[Page 14015]]
inspection(s) to verify that the position indicator of the fuel balance
transfer valve (FBTV) is in the closed position, and closing the FBTV,
if necessary; and deactivation of the fuel balance transfer system
(FBTS). This amendment is prompted by a report that, under certain
failure conditions, the actuator of the FBTV could remain in the open
position without a flight deck indication. The actions specified by
this AD are intended to ensure that the FBTV is not in the open
position during flight, which could lead to the reduction of fuel
supply to the engines during cross-feed operation and consequent engine
fuel starvation.
DATES: Effective April 29, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 29, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street,
Alexandria, Virginia 22314. This information may be examined at the
Federal Aviation Administration (FAA), Transport Airplane Directorate,
Rules Docket, 1601 Lind Avenue SW., Renton, Washington; or at the
Office of the Federal Register, 800 North Capitol Street NW., suite
700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206)
227-2141; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Fokker Model F28 Mark 0100
series airplanes was published in the Federal Register on December 11,
1995 (60 FR 63470). That action proposed to require inspection(s) to
verify that the position indicator of the fuel balance transfer valve
(FBTV) is in the closed position, and closing the FBTV, if necessary;
and deactivation of the fuel balance transfer system (FBTS).
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
The commenter supports the proposed rule.
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
The FAA estimates that 4 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 4 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Required parts will cost approximately $250
per airplane. Based on these figures, the cost impact of the AD on U.S.
operators is estimated to be $1,960, or $490 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-07-06 Fokker: Amendment 39-9555. Docket 95-NM-86-AD.
Applicability: Model F28 Mark 0100 series airplanes, as listed
in Fokker Service Bulletin SBF100-28-030, Revision 1, dated December
5, 1994; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (c) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent the reduction of fuel supply to the engines during
cross-feed operation, which could lead to engine fuel starvation,
accomplish the following:
(a) After the effective date of this AD, whenever the fuel
balance transfer system (FBTS) is used during maintenance, prior to
further flight, perform an inspection to verify that the position
indicator of the fuel balance transfer valve (FBTV) is in the closed
position, in accordance with Fokker Service Bulletin SBF100-28-030,
Revision 1, dated December 5, 1994. The inspection requirements of
this paragraph must be accomplished until the deactivation required
by paragraph (b) of this AD is accomplished.
(1) If the position indicator is in the closed position, no
further action is required by this paragraph.
(2) If the position indicator is in the open position, close the
FBTV in accordance with the service bulletin.
(b) Within 90 days after the effective date of this AD,
deactivate the FBTS in accordance with either Part 2 or Part 3 of
the Accomplishment Instructions of Fokker Service Bulletin SBF100-
28-030, Revision 1, dated December 5, 1994, as applicable.
Accomplishment of the deactivation constitutes terminating action
for the repetitive inspection requirements of paragraph (a) of this
AD.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of
[[Page 14016]]
compliance with this AD, if any, may be obtained from the
Standardization Branch, ANM-113.
(d) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(e) The actions shall be done in accordance with Fokker Service
Bulletin SBF100-28-030, Revision 1, dated December 5, 1994, which
contains the following list of effective pages:
------------------------------------------------------------------------
Revision level
Page No. shown on page Date shown on page
------------------------------------------------------------------------
1-3, 5, 8, 10................... 1................. December 5, 1994.
4, 6, 7, 9...................... Original.......... August 28, 1994.
------------------------------------------------------------------------
This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be obtained from Fokker Aircraft USA, Inc., 1199
North Fairfax Street, Alexandria, Virginia 22314. Copies may be
inspected at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the Office of the Federal
Register, 800 North Capitol Street NW., suite 700, Washington, DC.
(f) This amendment becomes effective on April 29, 1996.
Issued in Renton, Washington, on March 21, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-7399 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-7398 Airworthiness Directives; Dornier Model 328-100 Series Airplanes
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14016-14017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7398]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-136-AD; Amendment 39-9554; AD 96-07-05]
Airworthiness Directives; Dornier Model 328-100 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Dornier Model 328-100 series airplanes, that
requires installation of a reinforcement doubler on the rudder skin.
This amendment is prompted by the results of a design review of this
airplane model that revealed inadequate structural strength of the
attachment fitting of the rudder damper and of the adjacent structure.
The actions specified by this AD are intended to prevent failure of the
attachment structure of the rudder damper in the event of aerodynamic
gust loads, as the result of inadequate structural strength of the
subject structure.
DATES: Effective April 29, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 29, 1996.
ADDRESSES: The service information referenced in this AD may be
obtained from Dornier Luftfahrt GmbH, P.O. Box 1103, D-82230 Wessling,
Germany. This information may be examined at the Federal Aviation
Administration (FAA), Transport Airplane Directorate, Rules Docket,
1601 Lind Avenue SW., Renton, Washington; or at the Office of the
Federal Register, 800 North Capitol Street NW., suite 700, Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Gary Lium, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1112; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Dornier Model 328-100
series airplanes was published in the Federal Register on January 3,
1996 (61 FR 133). That action proposed to require installation of a
reinforcement doubler on the rudder skin.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
The commenter supports the proposed rule.
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule as proposed.
The FAA estimates that 12 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 2 work hours per
airplane to accomplish the required actions, and that the average labor
rate is $60 per work hour. Required parts will be supplied by the
manufacturer at no cost to operators. Based on these figures, the cost
impact of the AD on U.S. operators is estimated to be $1,440, or $120
per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 12612, it is
determined that this final rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-07-05 Dornier: Amendment 39-9554. Docket 95-NM-136-AD.
Applicability: Model 328-100 series airplanes, serial numbers
3005 through 3024 inclusive; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the
[[Page 14017]]
owner/operator must request approval for an alternative method of
compliance in accordance with paragraph (b) of this AD. The request
should include an assessment of the effect of the modification,
alteration, or repair on the unsafe condition addressed by this AD;
and, if the unsafe condition has not been eliminated, the request
should include specific proposed actions to address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the attachment structure of the rudder
damper in the event of aerodynamic gust loads, accomplish the
following:
(a) Within 6 months after the effective date of this AD, install
a reinforcement doubler on the rudder skin in accordance with
Dornier Service Bulletin SB-328-27-063, Revision 1, dated January
26, 1995.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The installation shall be done in accordance with Dornier
Service Bulletin SB-328-27-063, Revision 1, dated January 26, 1995.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Dornier Luftfahrt GmbH, P.O. Box
1103, D-82230 Wessling, Germany. Copies may be inspected at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington; or at the Office of the Federal Register, 800 North
Capitol Street NW., suite 700, Washington, DC.
(e) This amendment becomes effective on April 29, 1996.
Issued in Renton, Washington, on March 21, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-7398 Filed 3-28-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-7331 Office of the Secretary; Equal Employment Opportunity; Policies and Procedures
[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Rules and Regulations]
[Pages 14226-14231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7331]
[[Page 14225]]
_______________________________________________________________________
Part V
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
24 CFR Part 7
Equal Employment Opportunity, Policies and Procedures; Final Rule
Federal Register / Vol. 61, No. 62 / Friday, March 29, 1996 / Rules
and Regulations
[[Page 14226]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary; Equal Employment Opportunity; Policies
and Procedures
24 CFR Part 7
[Docket No. FR 3323-F-01]
RIN 2529-AA61
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule streamlines HUD's regulations in 24 CFR part 7
pertaining to equal opportunity policies and procedures, and updates
these regulations to reflect current practices. Additionally, this rule
makes HUD's equal employment complaint processing consistent with the
Equal Employment Opportunity Commission's (EEOC) regulations at 29 CFR
part 1614.
EFFECTIVE DATE: April 29, 1996.
FOR FURTHER INFORMATION CONTACT: Mari R. Barr, Director for Equal
Employment Opportunity, Office of Departmental Equal Employment
Opportunity, Room 4300 L'Enfant Plaza, (202) 708-3633, Housing and
Urban Development, 451 Seventh Street, SW., Washington, DC 20410. (This
telephone number is not toll-free.) For hearing- or speech-impaired
persons this number may be accessed via TDD by contacting the Federal
Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
This final rule streamlines and updates HUD's regulations in 24 CFR
part 7 pertaining to equal opportunity policies and procedures. With
the exception of two sections (Secs. 7.2, 7.3) these regulations have
not been amended since 1971. The rule is revised to reflect the new
organization of HUD's Equal Employment Opportunity (EEO) office.
Additionally, this rule revises the regulations to parallel EEOC's
regulations at 29 CFR part 1614, relating to Federal sector equal
employment. It will enable quicker, more efficient processing of
complaints and promotes impartial, fair and early resolution of
complaints.
The revisions are as follows:
Section 7.1 Policy
This section has been revised by the adding of age and disability
as additional bases of discrimination.
Section 7.2 Definition
The definition of a person with a disability, which means the same
as handicap under EEOC's regulations at 29 CFR part 1614, has been
added.
Section 7.3 Designation
This section replaces the Assistant Secretary for Fair Housing and
Equal Opportunity as the Director of Equal Employment Opportunity. The
Director of the Office of Departmental Equal Employment Opportunity is
designated the Director of Equal Employment Opportunity (EEO).
The Deputy Director of the Office of Departmental Equal Employment
Opportunity is designated as the Deputy Director of Equal Employment
Opportunity.
This section also states that Equal Employment Opportunity officers
shall be designated by the Director of EEO for their respective
organizational units.
Section 7.4 Affirmative Employment Programs
The final rule adds a new section which states that the Office of
the Secretary, the Assistant to the Deputy Secretary for Field
Management, each Assistant Secretary, the General Counsel, the
Inspector General, the President of Government National Mortgage
Association, the Chief Financial Officer, the Director of Lead-Based
Paint Abatement and Poisoning Prevention, and the Director, Office of
Federal Housing Enterprise Oversight shall establish, maintain and
carry out a plan of affirmative employment to promote equal employment
opportunity in every aspect of employment policy and practice. Each
plan shall identify instances of under-representation of minorities,
women and persons with disabilities, recognize situations or barriers
that impede equality of opportunity, and include objectives and action
items targeted to eliminate any employment, training, advancement, and
retention issues which adversely affect minorities, women and persons
with disabilities.
Section 7.10 Responsibilities of the Director and Deputy Director of
EEO
The function of selecting equal employment counselors has been
added to the functions of the Director and Deputy Director of EEO.
Equal employment counselors previously were designated by EEO
officers. The Director or the Deputy Director of EEO only concurred on
the designations.
Section 7.11 Responsibilities of EEO Officers.
Each EEO officer has the additional responsibilities of
(1) advising the Director of EEO on all matters pertaining to the
implementation of the Department's Equal Employment and Affirmative
Employment policies and programs in the respective organizational
units;
(2) Publicize to all employees of the organizational unit the name
and address of the Director of EEO, the EEO Officer, and the EEO
Counselor(s), the EEO Discrimination Complaint Manager, the Affirmative
Employment Program (AEP) Manager, the Diversity Program Manager, and
the EEO complaint procedures;
(3) Evaluate the performance by the managers and supervisors in the
organization unit in carrying out their responsibilities;
(4) Seek a resolution of EEO matters alleging discrimination within
their organization brought to their attention;
(5) Designate a high level Affirmative Employment Program (AEP)
Manager in Headquarters responsible for the preparation of the AEP
plan; the management of the plan; providing advice and guidance to
managers and supervisors in removing barriers to Equal Employment
Opportunity/Affirmative Employment (EEO/AE) and in implementing all
their EEO/AE responsibilities.
(6) Designate a senior level EEO Discrimination Complaint Manager
in Headquarters to manage and direct the organization's EEO
responsibilities;
(7) Designate a senior level Diversity Program Manager in
Headquarters to manage and direct the organization's Diversity Program
and provide resources for Diversity activities for its employees.
Section 7.12 Responsibilities of EEO Counselors
Age and disability discrimination have been added as additional
reasons for counseling by EEO counselors.
Section 7.13 Responsibilities of the Assistant Secretary for
Administration
This section was revised by adding three new responsibilities. They
are as follows:
(1) Prepare and implement plans for recruitment and reports in
accordance with the Federal Equal Opportunity Recruitment Program and
the Disabled Veterans Affirmative Action Program;
(2) Make reasonable accommodation to the known physical or mental
limitations of qualified applicants and employees with disabilities
unless the accommodation would impose an undue hardship on the
operation of the agency's program; and
(3) Designate a senior level Disability Program Manager to promote
EEO/AE
[[Page 14227]]
for persons with disabilities; to assure the accessibility of all HUD
facilities and programs; and to manage the resources for providing
reasonable accommodation.
Section 7.14 Responsibilities of Human Resources Officers
The title of Director of Personnel has been replaced with the new
title called Human Resources Officer. Certain responsibilities have
been given Human Resources Officers in addition to those of the former
Directors of Personnel. They are as follows:
(1) In coordination with the Director of the Training Academy,
develop an on-going training program for various levels of
administration and supervision, to insure understanding of the
Departmental EEO/AE programs, policy and requirements which fosters
effective teamwork and high morale, and provide communication with
employees on any matter related to equal employment opportunity;
(2) Decide all personnel actions on merit principles in a manner
which will demonstrative affirmative equal employment opportunity for
the organization;
(3) Ensure the greatest possible utilization and development of the
skills and potential ability of all employees;
(4) Track applicant flow and promptly take or recommend appropriate
action to overcome any impediment to the achievement of the objectives
of the EEO/AE programs; and
(5) Provide recognition to employees, supervisors, managers and
units demonstrating superior accomplishment in equal employment
opportunity.
Section 7.15 Responsibilities of the Assistant Regional Administrators
for Equal Opportunity
This title has been removed from the table of contents.
Section 7.16 Responsibilities of Supervisors.
This title has been removed from the table of contents.
Section 7.17 Responsibilities of Managers and Supervisors
This new section states that responsibilities of managers and
supervisors include the following:
(1) Removing barriers to EEO and ensuring that Affirmative
Employment objectives are accomplished in their areas of
responsibility;
(2) Evaluating subordinate managers and supervisors on their
performance of EEO/AE responsibilities;
(3) Encouraging and taking positive steps to ensure respect for and
acceptance of minorities, women and persons with disabilities, veterans
and other diverse characteristics in the work force;
(4) Providing for the non-discriminatory treatment of all employees
and for providing full and fair opportunity for all employees in
obtaining employment and career advancement, including support for
F.A.I.R., the Upward Mobility Program, the Mentoring Program and the
Individual Development Plan;
(5) Encouraging and authorizing staff participation in the various
Diversity Program observances;
(6) Being proactive in addressing EEO/AE issues, and for work
environments that encourage and support complaint avoidance through
sound management and personnel practices;
(7) Resolving complaints of discrimination early in the EEO process
either independently, or through the use of alternate dispute
resolution techniques, when it is the right thing to do and when it
represents a sound business decision; and
(8) Making reasonable accommodation to the religious and disability
needs of applicants and employees when those accommodations can be made
without undue hardship on the business of the agency.
Section 7.25 Precomplaint Processing
EEOC's regulations, 24 CFR part 1614.105, shall apply concerning
precomplaint processing.
Sections 7.30, 7.31, 7.32, 7.33 and 7.34--These sections have been
revised to provide more efficient measures of handling EEO complaints.
The following titles have been removed from the table of contents:
Sec. 7.35--Adjustment of complaints.
Sec. 7.36--Hearing.
Sec. 7.38--Avoidance of delay.
Sec. 7.40--Complaint file.
The following sections have been removed:
Sec. 7.45--Entitlement.
Sec. 7.46--Where to appeal.
Sec. 7.47--Time limit.
Sec. 7.48--Appellate procedures.
Sec. 7.49--Appellate review by the Commissioners.
Other Matters
Environmental Impact. The subject matter of this final rule is
categorically excluded from HUD's environmental clearance procedures
under 24 CFR 50.20(k). It relates to internal administrative procedures
whose content does not constitute a development decision or affect the
physical condition of project areas or building sites.
Impact on Small Entities. 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 only streamlines and simplifies 24 CFR part 7.
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 will not have substantial direct
effects on states or their political subdivisions, or the relationship
between the federal government and the states, or on the distribution
of power and responsibilities among the various levels of government.
The rule's coverage is limited to federal employees.
Family. The General Counsel, as the Designated Official under
Executive Order 12606, The Family, has determined that this 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 final rule will make HUD's processing of
employment discrimination complaints more efficient.
Justification for Final Rulemaking. The Department has determined
that it is unnecessary to subject this rule to public comment. Since
this rule is limited to removing obsolete provisions and updating
provisions in part 7 to reflect current practices, prior public comment
was determined to be unnecessary. Section 10.1 of 24 CFR part 10 states
that notice and public procedure can be omitted if the Department
determines in a particular case or class of cases that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest.
List of Subjects in 24 CFR Part 7
Administrative practice and procedure, Equal employment
opportunity, Organization and functions (Government agencies).
Accordingly, 24 CFR part 7 is revised as follows:
[[Page 14228]]
PART 7--EQUAL EMPLOYMENT OPPORTUNITY; POLICY AND PROCEDURES
Subpart A--Equal Employment Opportunity Without Regard to Race, Color,
Religion, Sex, National Origin, Age, or Disability
General Provisions
Sec.
7.1 Policy.
7.2 Definitions.
7.3 Designations.
7.4 Affirmative employment programs.
Responsibilities
7.10 Responsibilities of the Director and Deputy Director of EEO.
7.11 Responsibilities of the EEO Officers.
7.12 Responsibilities of the EEO Counselors.
7.13 Responsibilities of the Assistant Secretary for
Administration.
7.14 Responsibilities of Human Resources Officers.
7.15 Responsibilities of managers and supervisors.
7.16 Responsibilities of employees.
Precomplaint Processing
7.25 Precomplaint processing.
Complaints
7.30 Presentation of complaint.
7.31 Who may file a complaint, with whom filed, and time limits.
7.32 Contents.
7.33 Acceptability.
7.34 Processing.
7.35 Hearing.
7.36 Decision by Director of EEO.
7.37 Rights of appeals.
7.38 Relationship to other HUD appellate procedures.
Subpart B--[Reserved]
Authority: 42 U.S.C. 3535(d); E.O. 11478, 3 CFR, 1969 Comp. p.
306; 42 U.S.C. 2000e note.
Subpart A--Equal Employment Opportunity Without Regard to Race,
Color, Religion, Sex, National Origin, Age, or Disability
General Provisions
Sec. 7.1 Policy.
In conformity with the policy expressed in Executive Order 11478
(34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803) and with implementing
regulations of the Equal Employment Opportunity Commission, codified
under 29 CFR part 1614, it is the policy and the intent of the
Department of Housing and Urban Development to provide equality of
opportunity in employment in the Department for all persons; to
prohibit discrimination because of race, color, religion, sex, national
origin, age or disability in all aspects of its personnel policies,
program, practices, and operations and in all its working conditions
and relationships with employees and applicants for employment; and to
promote the full realization of equal opportunity in employment through
continuing programs of affirmative employment at every management level
within the Department.
Sec. 7.2 Definitions.
For purposes of this subpart A--
AE means Affirmative Employment.
EEO means Equal Employment Opportunity.
Organizational unit means the jurisdictional area of the Office of
the Secretary, the Assistant to the Deputy Secretary for Field
Management, each Assistant Secretary, the General Counsel, the
Inspector General, the President of the Government National Mortgage
Association, the Chief Financial Officer, the Director of Lead-Based
Paint Abatement and Poisoning Prevention, and the Office of Federal
Housing Enterprise Oversight.
Person with a disability means the same as handicap under EEOC's
regulations at 29 CFR part 1614.
Sec. 7.3 Designations.
(a) Director of Equal Employment Opportunity. The Director of the
Office of Departmental Equal Employment Opportunity is designated the
Director of EEO, except that with respect to complaints naming the
Director and/or Deputy Director of Departmental EEO as the alleged
discriminating official(s) and complaints arising in the Office of
Departmental EEO, the Chief of Staff shall be Director of EEO.
(b) Deputy Director of Equal Employment Opportunity. The Deputy
Director of the Office of Departmental Equal Employment Opportunity is
designated as the Deputy Director of Equal Employment Opportunity and
acts for the Director of EEO.
(c) Equal Employment Opportunity Officers. The Director of Equal
Employment Opportunity shall designate appropriate HUD officials to be
Equal Employment Opportunity Officers for their respective
organizational units.
Sec. 7.4 Affirmative employment programs.
The Office of the Secretary, the Assistant to the Deputy Secretary
for Field Management, each Assistant Secretary, the General Counsel,
the Inspector General, the President of the Government National
Mortgage Association, the Chief Financial Officer, the Director of
Lead-Based Paint Abatement and Poisoning Prevention, and the Director,
Office of Federal Housing Enterprise Oversight shall establish,
maintain and carry out a plan of affirmative employment to promote
equal opportunity in every aspect of employment policy and practice.
Each plan shall identify instances of under-representation of
minorities, women and persons with disabilities, recognize situations
or barriers that impede equality of opportunity, and include objectives
and action items targeted to eliminate any employment, training,
advancement, and retention issues which adversely affect minorities,
women and persons with disabilities. Each plan must be consistent with
29 CFR part 1614 and the governing Management Directive issued by the
Equal Employment Opportunity Commission, and is subject to approval by
the Director of Equal Employment Opportunity and shall be developed
within the framework of Departmentwide guidelines published by the
Director of EEO.
Responsibilities
Sec. 7.10 Responsibilities of the Director and Deputy Director of EEO.
The Director and Deputy Director of EEO are assigned the functions
of:
(a) Advising the Secretary with respect to the preparation of
plans, procedures, regulations, reports, and other matters pertaining
to the Government's equal employment opportunity policy and the
Department's EEO/AE programs;
(b) In coordination with other officials, developing and
maintaining plans, procedures, and regulations necessary to carry out
the Department's EEO programs, including a Departmentwide program of
affirmative employment developed in coordination with other officials;
approving programs of affirmative employment established throughout the
Department;
(c) Evaluating from time to time the sufficiency of the
Department's EEO/AE programs and reporting thereon to the Secretary
with recommendations as to any improvement or correction needed,
including remedial or disciplinary action with respect to managerial or
supervisory employees who have failed in their responsibility;
(d) Appraising the Department's personnel operations at regular
intervals to insure their conformity with the policy of the Government
and the Department's equal employment opportunity program;
(e) Making changes in programs and procedures designed to eliminate
discriminatory practices and improve the Department's EEO/AE programs;
(f) Selecting EEO Counselors;
(g) Providing for counseling by an EEO Counselor of an aggrieved
[[Page 14229]]
employee or applicant for employment who believes that he or she has
been discriminated against because of race, color, religion, sex,
national origin, age or disability and for attempting to resolve on an
informal basis or through a formal alternative dispute resolution
process, the matter raised by the employee or applicant before a
complaint of discrimination may be filed under Sec. 7.31;
(h) Providing for the prompt, fair and impartial processing of
individual complaints involving issues of discrimination within the
Department subject to 29 CFR part 1614;
(i) Making the final decision on discrimination complaints and
ordering such corrective measures as may be necessary, including
disciplinary action as is warranted by the circumstances when an
employee has been found to have engaged in a discriminatory practice;
and
(j) Executing settlement agreements to resolve EEO complaints.
Sec. 7.11 Responsibilities of the EEO Officers.
Each EEO Officer shall:
(a) Advise the Director of EEO on all matters affecting the
implementation of the Department's EEO/AE policies and programs in the
organizational unit;
(b) Develop and maintain a program of affirmative employment for
the organizational unit and insure that it is carried out in an
exemplary manner;
(c) Publicize to all employees of the organizational unit the name
and address of the Director of EEO, the EEO Officer, and the EEO
Counselor(s), the EEO Discrimination Complaint Manager, the Affirmative
Employment Program (AEP) Manager, the Diversity Program Manager, and
the EEO complaint procedures;
(d) Inform all supervisors in the organizational unit of the
responsibilities and objectives of the EEO Counselors and the EEO
complaint process and the importance of cooperating with the Counselors
to informally find solutions to problems brought to the officer's
attention by employees and applicants;
(e) Evaluate the performance by the managers and supervisors in the
organizational unit in carrying out their responsibilities under this
subpart and taking appropriate action;
(f) Seek a resolution of EEO matters alleging discrimination within
their organization brought to their attention;
(g) Designate a high level Affirmative Employment Program (AEP)
Manager in Headquarters responsible for the preparation of the AEP
plan; the management of the plan; providing advice and guidance to
managers and supervisors in removing barriers to EEO/AE and in
implementing all their EEO/AE responsibilities; and reviewing all
recruitment and personnel actions taken by managers and supervisors to
ensure the achievement of AEP objectives;
(h) Designate a senior level EEO Discrimination Complaint Manager
in Headquarters to manage and direct the organization's EEO
responsibilities; and
(i) Designate a senior level Diversity Program Manager in
Headquarters to manage and direct the organization's Diversity Program
and provide resources for Diversity activities for its employees.
Sec. 7.12 Responsibilities of the EEO Counselors.
The EEO Counselors are responsible for counseling and attempting
resolution of matters brought to the counselor's attention pursuant to
Sec. 7.26 and 29 CFR part 1614 by any employee or applicant for
employment who believes that he or she has been discriminated against
because of race, color, religion, sex, national origin, age, or
disability.
Sec. 7.13 Responsibilities of the Assistant Secretary for
Administration.
The Assistant Secretary for Administration shall:
(a) Provide leadership in developing and maintaining personnel
management policies, programs, automated systems and procedures which
will promote continuing affirmative employment to insure equal
opportunity in the recruitment, selection, placement, training, awards,
recognition and promotion of employees, including an applicant flow
tracking system;
(b) Provide positive assistance and guidance to organizational
units and personnel offices to insure the effective implementation of
the personnel management policies, programs, automated systems, and
procedures on equal employment opportunity;
(c) Participate at the national level with other Government
departments and agencies, other employers, and other public and private
groups, in cooperative action to improve employment opportunities and
community conditions which effect employability;
(d) Prepare and implement plans for recruitment and reports in
accordance with the Federal Equal Opportunity Recruitment Program and
the Disabled Veterans Affirmative Action Program;
(e) Make reasonable accommodation to the known physical or mental
limitations of qualified applicants and employees with disabilities
unless the accommodation would impose an undue hardship on the
operation of the agency's program; and
(f) Designate a senior level Disability Program Manager to promote
EEO/AE for persons with disabilities; to assure the accessibility of
all HUD facilities and programs; and to manage the resources for
providing reasonable accommodation.
Sec. 7.14 Responsibilities of Human Resources Officers.
In conformity with guidelines issued by the Assistant Secretary for
Administration, Human Resources Officers shall:
(a) Appraise job structure and employment practices to insure
genuine equality of opportunity for all employees to participate fully
on the basis of merit in all occupations and levels of responsibility;
(b) Communicate the Department's equal employment opportunity
policy and program and its employment needs to all sources of job
candidates without regard to race, color, religion, sex, national
origin, disability or age and solicit their recruitment assistance on a
continuing basis;
(c) As appropriate, provide personnel information to EEO counselors
and others who are involved in the decision on a discrimination
complaint;
(d) Evaluate hiring methods and practices to insure impartial
consideration for all job applicants;
(e) Ensure that new employee orientation programs contain
appropriate references to the Department's EEO/AE policies and
programs;
(f) Participate in the preparation and distribution of such
educational materials as may be necessary to inform adequately all
employees of their rights and responsibilities as described in this
part, including the Department's directives issued to carry out the
Equal Employment Opportunity Program;
(g) In coordination with the Director of the Training Academy,
develop an on-going training program for various levels of
administration and supervision, to ensure understanding of the
Departmental EEO/AE programs, policy and requirements which fosters
effective teamwork and high morale, and provide communication with
employees on any matter related to equal employment opportunity;
(h) Decide all personnel actions on merit principles in a manner
which will demonstrative affirmative equal employment opportunity for
the organization;
[[Page 14230]]
(i) Ensure the greatest possible utilization and development of the
skills and potential ability of all employees;
(j) Track applicant flow and promptly take or recommend appropriate
action to overcome any impediment to the achievement of the objectives
of the EEO/AE programs; and
(k) Provide recognition to employees, supervisors, managers and
units demonstrating superior accomplishment in equal employment
opportunity.
Sec. 7.15 Responsibilities of managers and supervisors.
All managers and supervisors of the Department are responsible for:
(a) Removing barriers to EEO and ensuring that Affirmative
Employment objectives are accomplished in their areas of
responsibility;
(b) Evaluating subordinate managers and supervisors on their
performance of EEO/AE responsibilities;
(c) Encouraging and taking positive steps to ensure respect for and
acceptance of minorities, women and persons with disabilities, veterans
and others of diverse characteristics in the work force;
(d) Providing for the non-discriminatory treatment of all employees
and for providing full and fair opportunity for all employees in
obtaining employment and career advancement, including support for
F.A.I.R., the Upward Mobility Program, the Mentoring Program and the
Individual Development Plan;
(e) Encouraging and authorizing staff participation in the various
Diversity Program observances;
(f) Being proactive in addressing EEO/AE issues, and for work
environments that encourage and support complaint avoidance through
sound management and personnel practices;
(g) Resolving complaints of discrimination early in the EEO process
either independently, or through the use of alternate dispute
resolution techniques, when it is the right thing to do and when it
represents a sound business decision; and
(h) Making reasonable accommodation to the religious and disability
needs of applicants and employees when those accommodations can be made
without undue hardship on the business of the agency.
Sec. 7.16 Responsibilities of employees.
All employees of the Department are responsible for:
(a) Being informed as to the Department's EEO/AE programs;
(b) Adopting an attitude of full acceptance of minority, female and
disabled group associates, and support of F.A.I.R.;
(c) Providing equality of treatment of, and service to, all
citizens with whom they come in contact in carrying out their job
responsibilities; and
(d) Providing assistance to supervisors and managers in carrying
out their responsibilities in the EEO/AE programs.
Precomplaint Processing
Sec. 7.25 Precomplaint processing.
The regulations in 29 CFR 1614.105, concerning precomplaint
processing shall apply.
Complaints
Sec. 7.30 Presentation of complaint.
At any stage in the presentation of a complaint, including the
counseling stage, the Complainant shall be free from restraint,
interference, coercion, discrimination, or reprisal and shall have the
right to be accompanied, represented, and advised by a representative
of the Complainant's own choosing, except as limited by 29 CFR
1614.605. If the Complainant is an employee of the Department, the
employee shall have a reasonable amount of official time to present the
complaint if the employee is otherwise in an active duty status. If the
Complainant is an employee of the Department and designates another
employee of the Department as Complainant's representative, the
representative shall be free from restraint, interference, coercion,
discrimination, or reprisal, and shall have a reasonable amount of
official time, if the representative is otherwise in an active duty
status, to present the complaint.
Sec. 7.31 Who may file a complaint, with whom filed, and time limits.
Any aggrieved person (hereafter referred to as the Complainant) who
has observed the provisions of Sec. 7.25 may file a complaint if the
matter of discrimination was not resolved to the complainant's
satisfaction. The complaint must be filed with the Director of EEO
within fifteen (15) days of receipt of the Notice of Right to File a
Complaint issued by the EEO Counselor. The Department may accept a
complaint only if the Complainant has met the appropriate requirements
contained in 29 CFR 1614.605.
Sec. 7.32 Contents.
(a) The complaint filed should include the following information:
(1) The specific action or personnel matter which is alleged to be
discriminatory;
(2) The date the act or matter occurred;
(3) The protected basis or bases on which the alleged
discrimination occurred;
(4) Facts and other pertinent information to support the allegation
of discrimination; and
(5) The relief desired.
(b) To expedite the processing of complaints of discrimination, the
Complainant should use HUD EEO-1 form to file the complaint.
Sec. 7.33 Acceptability.
The Director of EEO shall determine whether the complaint comes
within the purview of the EEO regulations at 29 CFR part 1614 and shall
advise the Complainant and Complainant's representative in writing of
the acceptance or dismissal of the allegation(s) of the complaint.
Should the Director of EEO dismiss the complaint or any allegations
contained in the complaint, the written decision to the Complainant
shall inform Complainant of the complainant's right to appeal the
decision and of the time limit applicable to the right of appeal, if
Complainant believes the dismissal improper.
Sec. 7.34 Processing.
(a) The Director of EEO will process complaints filed under 29 CFR
part 1614 for the Department. The Director or the Director's designee
has jurisdiction of any case.
(b) The Director of EEO shall provide for the development of a
complete and impartial record on which to decide the merits of the
allegations accepted for investigation.
(1) The person assigned to develop the factual record for the
complaint shall occupy a position in the Department which is not,
directly or indirectly, under the jurisdiction of the head of the part
of the Department in which the complaint arose, or the person shall
develop the record under a contract with the Department.
(2) The Department will develop a complete and impartial factual
record, subject to the requirements of 29 CFR part 1614, upon which to
make findings on the matters raised in the complaint and accepted for
processing.
(3) The Director of EEO will provide the Complainant and the EEO
Officer a copy of the record developed.
Sec. 7.35 Hearing.
(a) The Director of EEO will notify the Complainant of the
Complainant's right to request an administrative hearing before the
Equal Employment Opportunity Commission or a Final Agency Decision from
the Department and the timeframes for executing the
[[Page 14231]]
right to request an administrative hearing.
(b) The Director of EEO will notify the appropriate EEOC office of
Complainant's timely request for a hearing and request the appointment
of an administrative judge to conduct the hearing pursuant to 29 CFR
1614.109.
Sec. 7.36 Decision by Director of EEO.
Following consultation with the General Counsel and the Assistant
Secretary for Administration, the Director of EEO shall make the final
agency decision for the Department based on the record developed
through the processing of the complaint. The decision shall require the
remedial and corrective action necessary to ensure that the Department
is in compliance with the EEO statutes and to promote the Department's
policy of equal employment opportunity.
Sec. 7.37 Rights of appeal.
The provisions of 29 CFR part 1614, subpart D, shall govern rights
of appeal.
Sec. 7.38 Relationship to other HUD appellate procedures.
(a) An aggrieved individual covered by a collective bargaining
agreement that permits allegations of discrimination to be raised in a
negotiated grievance procedure can file a complaint under these
procedures or a negotiated grievance, but not both. An election to
proceed under this part is indicated only by filing of a written
complaint. An election to proceed under a negotiated grievance
procedure is indicated by the filing of a timely grievance.
(b) An aggrieved individual alleging discrimination on the basis of
race, color, religion, sex, national origin, age or disability related
to or stemming from an action that can be appealed to the Merit Systems
Protection Board (MSPB) can file a complaint under these procedures, or
an appeal with the MSPB, but not both. Whichever is filed first, the
complaint or the appeal, is considered an election to proceed in that
forum.
Subpart B--[Reserved]
Dated: March 20, 1996.
Henry G. Cisneros,
Secretary.
[FR Doc. 96-7331 Filed 3-28-96; 8:45 am]
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