issue-1996-06-06•Federal Register final rules — 1996-06-06
Federal Register final rules — 1996-06-06
issue-1996-06-06Federal Register final rules — 1996-06-06Regulation
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. 96-14307 Prohibition on Gasoline Containing Lead or Lead Additives for Highway Use
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28763-28766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14307]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[FRL-5513-3]
RIN 2060-AD55
Prohibition on Gasoline Containing Lead or Lead Additives for
Highway Use
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA published a direct final rule and an associated notice of
proposed rulemaking of the same title on February 2, 1996 (61 FR 3832
and 61 FR 3894, respectively). Both actions were to revise EPA
regulations to reflect the Clean Air Act's statutory prohibition of the
introduction into commerce of gasoline containing lead or lead
additives for use as a motor vehicle fuel after December 31, 1995. EPA
received adverse comment on 40 CFR 80.24(b) as published in both the
direct final rule and associated notice of proposed rulemaking. In
response to that comment, EPA withdrew 40 CFR 80.24(b) from the direct
final rule on March 4, 1996 (61 FR 8221). All other actions of the
direct final rule became effective on March 4, 1996. In today's action,
EPA is finalizing the revised 40 CFR 80.24(b) based on the February 2,
1996 notice of proposed rulemaking.
EFFECTIVE DATE: This action will become effective on July 8, 1996.
ADDRESSES: Materials relevant to this rulemaking and written comments
on the direct final rule and notice of proposed rulemaking have been
placed in Public Docket No. A-95-13, Waterside Mall (Room M-1500),
Environmental Protection Agency, Air Docket Section, 401 M Street, SW.,
Washington, DC 20460. Documents may be inspected between the hours of 8
a.m. to 5:30 p.m., Monday through Friday. A reasonable fee may be
charged for copying docket material.
FOR FURTHER INFORMATION CONTACT: Richard Babst, U.S. Environmental
Protection Agency, Office of Air and Radiation, (202) 233-9473.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities
Regulated categories and entities potentially affected by this
action include:
[[Page 28764]]
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Examples of regulated
Category entities
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Industry.................................. Manufacturers of motor
vehicles.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could be potentially regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your entity is regulated by this action, you should carefully examine
the provision at 40 CFR 80.24(b) dealing specifically with
specifications for fuel filler inlet restrictors. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
II. Introduction
A. Background
As amended in 1990, the Clean Air Act prohibits the introduction of
gasoline containing lead or lead additives into commerce for use as a
motor vehicle fuel after December 31, 1995. On February 2, 1996, EPA
published in the Federal Register a direct final rule and associated
notice of proposed rulemaking revising its regulations for consistency
with this Clean Air Act prohibition.
Among other actions, the direct final rule and associated notice of
proposed rulemaking revised 40 CFR 80.24(b). This paragraph had
contained size specifications for the gasoline tank filler inlet of
motor vehicles equipped with an emission control device that would be
significantly impaired by the use of leaded gasoline. The purpose of
the tank filler inlet restriction was to allow the insertion of an
unleaded gasoline pump nozzle, but not a leaded gasoline pump nozzle.
Specifically, paragraph 80.24(b) required that a manufacturer of motor
vehicles ``equipped with an emission control device which the
Administrator has determined will be significantly impaired by the use
of leaded gasoline'' (per the former introductory language of paragraph
80.24) shall ``[m]anufacture such vehicle with each gasoline tank
filler inlet having a restriction which prevents the insertion of a
nozzle with a spout as described in Sec. 80.22(f)(1) and allows the
insertion of a nozzle with a spout as described in Sec. 80.22(f)(2).''
Section 80.22(f)(1), which was deleted by the February 2, 1996 direct
final rule, specified that ``[e]ach pump from which leaded gasoline is
introduced into motor vehicles shall be equipped with a nozzle spout
having a terminal end with an outside diameter of not less than 0.930
inch (2.363 centimeters).'' Section 80.22(f)(2), which the February 2,
1996 direct final rule left intact, specifies that ``[e]ach pump from
which unleaded gasoline is introduced into motor vehicles shall be
equipped with a nozzle spout which meets the following specifications:
(I) The outside diameter of the terminal end shall not be greater than
0.840 inch (2.134 centimeters); (ii) . . .''
Paragraph 80.24(b) contained additional specifications to prevent
misfueling of motor vehicles with leaded gasoline. Section 80.24(b)(1)
required that the filler inlet restrictor must ``pool'' gasoline at the
restrictor's opening, if fueling is attempted when the spout of a pump
nozzle is not inserted into the restrictor opening. Historically, this
has been accomplished by a spring-loaded door on the inside of the
restrictor opening, which would be pushed open by inserting the spout
of an unleaded gasoline nozzle. Since leaded gasoline nozzle spouts are
larger than the inlet restrictor opening, they would not fit into the
restrictor opening or push open the spring loaded door. Fueling with
leaded gasoline would require the nozzle spout to be positioned in
front of the restrictor opening and spring-loaded door. If fueling were
attempted in this manner, the gasoline would pool at the restrictor
opening and cause the nozzle's automatic shut-off device to activate.
The related paragraph 80.24(b)(2) exempted motorcycle manufacturers
from meeting the ``pooling'' requirements of paragraph 80.24(b)(1).
In the February 2, 1996 direct final rule and associated notice of
proposed rulemaking, EPA removed various portions of section 80.24,
including the introductory text, and modified section 80.24(b) to make
the size requirements of the tank filler inlet applicable to all new
motor vehicles, and not just to those equipped with an emission control
device that would be significantly impaired by the use of leaded
gasoline. EPA reasoned that retaining the tank filler inlet restrictor
requirements would conform with the statutory ban prohibiting the use
of gasoline containing lead or lead additives as a motor vehicle fuel.
The restrictor requirements for motor vehicles would match the nozzle
size requirement for dispensing unleaded gasoline, which EPA had
retained in paragraph 80.22(f)(2). Further, General Motors and several
gasoline pump nozzle manufacturers had requested that the specification
for the fuel filler inlet size be retained so that automobile equipment
will continue to be compatible with Stage II vapor recovery pump
nozzles. EPA simplified the applicability language of paragraph
80.24(b) to refer to all motor vehicles, instead of motor vehicles
equipped with an emission control device that would be significantly
impaired by the use of leaded gasoline, because it thought that all
motor vehicles are currently manufactured with tank filler inlet
restrictors. The agency did not intend to broaden the applicability of
80.24(b).
In the February 2, 1996 direct final rule and associated notice of
proposed rulemaking, EPA also removed sections 80.24(b)(1) and
80.24(b)(2). As stated in the February 2, 1996 direct final rule (see
discussion of sections 80.24 and 80.22(d) and (e)), EPA believes
misfueling is unlikely, making the paragraph 80.24(b)(1) ``pooling''
safeguard against misfueling unnecessary. Once section 80.24(b)(1) is
removed, it is appropriate to remove section 80.24(b)(2) as well, since
80.24(b)(2) exempts motorcycle manufacturers from the requirements of
80.24(b)(1).
On February 22, 1996, EPA received an adverse comment from Harley
Davidson, Inc. (Harley) on the revised language of 40 CFR
80.24(b).1 In its comment, Harley states that motorcycles
generally do not use emission control devices that would be
significantly impaired by the use of leaded gasoline (e.g., catalytic
converters) and are therefore not manufactured with tank filler inlet
restrictors matching the requirements of the existing paragraph
80.24(b). The February 2, 1996 direct final rule and associated notice
of proposed rulemaking would require these motorcycles to meet the fuel
inlet size requirements of 40 CFR 80.24(b), thereby causing additional
economic burden and manufacturing complexity for Harley.
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\1\ This comment has been included in docket no. A-95-13.
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EPA did not intend or foresee that it would be expanding the
applicability of 80.24(b) by revising the applicability language.
Because of this adverse comment, EPA published in the Federal Register
a ``Partial Withdrawal of Direct Final Rule'' on March 4, 1996 (61 FR
8221). That action removed 40 CFR 80.24(b) from the direct final rule.
All other provisions of the direct final rule became effective on March
4, 1996, as planned.
In addition to the above issue, EPA has determined that the version
of 40 CFR 80.24(b) in the February 2, 1996 direct final rule and
related notice of proposed rulemaking inadvertently
[[Page 28765]]
tightened the specifications for the motor vehicle fuel inlet
restrictor. The existing regulations at 40 CFR 80.24(b) require that
the restrictor must prevent ``the insertion of a nozzle with a spout as
described in Sec. 80.22(f)(1).'' 40 CFR 80.22(f)(1) specified a nozzle
spout having a terminal end with an ``outside diameter of not less than
0.930 inch (2.363 centimeters).'' Because the February 2, 1996 direct
final rule and associated notice of proposed rulemaking deleted 40 CFR
80.22(f)(1), the text of the proposed 40 CFR 80.24(b) was changed. As
proposed, 80.24(b) would specify that the restrictor must prevent the
insertion of a nozzle of ``greater size than prescribed in
Sec. 80.22(f)(2).'' 40 CFR 80.22(f)(2) specifies a spout terminal end
having an ``outside diameter . . . not . . . greater than 0.840 inch
(2.134 centimeters).'' Thus, the proposed regulation would require that
the fuel inlet restrictor prevent the insertion of a smaller-diameter
nozzle spout than that allowed in the existing regulation.
B. Statutory Authority
EPA promulgates this final rule pursuant to its authority under
Sections 211(c), 211(n), and 301(a) of the Clean Air Act, 42 U.S.C.
7545(c), 7545(n), 7601(a).
III. Description of Today's Action
Today's final rule revises 40 CFR 80.24(b) to complete the
regulatory revisions contemplated by the February 2, 1996 direct final
rule. Those regulatory revisions were rendered incomplete by the March
4, 1996 (61 FR 8221) partial withdrawal of the direct final rule.
Section 80.24(b)(1) and (2). As proposed, this rule deletes section
80.24(b)(1) and 80.24(b)(2), because EPA believes these ``pooling''
safeguards against misfueling are no longer necessary (see
``Background'' above).
Section 80.24(b). As finalized today, 40 CFR 80.24(b) differs from
the proposal in two respects. First, the text of 40 CFR 80.24(b) has
been changed from the proposal to retain its previous applicability.
Specifically, EPA has incorporated into the revised paragraph 80.24(b)
the introductory text previously contained in section 80.24 that
described which motor vehicle manufacturers are subject to 80.24(b)
fuel inlet restrictor specifications.2
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\2\ The phrase ``leaded gasoline'' in the former introductory
text is changed to ``gasoline other than unleaded gasoline'',
because the term ``leaded gasoline'' has been deleted from the
regulations. This textual change does not change the scope of the
regulation, because the deleted term ``leaded gasoline'' encompassed
all gasoline which did not qualify as unleaded gasoline.
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EPA has changed the proposed language of 80.24(b) in this way to
avoid creating additional compliance burdens for manufacturers of
motorcycles and other motor vehicles currently produced without the
fuel inlet restrictors. In its February 2, 1996 notice of proposed
rulemaking, EPA proposed to expand the requirement for fuel inlet
restrictors to all motor vehicles. EPA reasoned that retaining the fuel
inlet restrictor requirement would conform with the statutory ban, and
did not realize that some motor vehicles continue to be produced
without fuel inlet restrictors. EPA therefore proposed to retain the
fuel inlet restrictor requirement and simplify the applicability
language to refer to all motor vehicles.
After reviewing the comment submitted by Harley, EPA now recognizes
that the proposed revisions to the applicability language would impose
additional burden for motor vehicles that are not required to have the
fuel inlet restrictor under the previous regulations. The Agency
believes that expansion of the applicability of the restrictor
requirement is not appropriate. The economic burden of applying the
restrictor requirement to motorcycles and any other motor vehicles not
previously subject to the requirement outweighs the benefit of
facilitating the statutory ban by installing restrictors on these
vehicles.
Second, the text of 80.24(b) finalized today has been changed from
the proposal to retain the size specifications for the fuel inlet
restrictor set forth in the previous version of this regulation. As
explained above (see ``Background''), that previous version referenced
the specification set forth in section 80.22(f)(1), which was deleted
by the February 2, 1996 direct final rule. The proposed text of
80.24(b) failed to incorporate the nozzle specification set forth in
deleted 80.22(f)(1). In today's final rule, EPA has incorporated the
nozzle specification contained in the previous section 80.22(f)(1). EPA
makes this change to insure that the Agency does not increase the
burden of complying with the fuel inlet restrictor size specifications
of section 80.24(b).
IV. Environmental Impact
This rule is expected to have no net environmental impact.
V. Economic Impact
The Regulatory Flexibility Act (Act), 5 U.S.C. 601-612, requires
that Federal Agencies examine the impacts of their regulations on small
entities. The Act requires an Agency to prepare a regulatory
flexibility analysis in conjunction with notice and comment rulemaking,
unless the Agency head certifies that the rule will not have a
significant impact on a substantial number of small entities. 5 U.S.C.
605(b). The Administrator certifies that this rule will not have a
significant impact on a substantial number of small entities. Because
this rule deletes a previous requirement and retains another
requirement without substantive change, it is not expected to result in
any additional compliance cost to regulated parties, and in fact, is
expected to reduce compliance cost to regulated parties.
VI. Effective Date
This action will become effective on July 8, 1996.
VII. Executive Order 12866
Under Executive Order 12866,3 the Agency must determine
whether a regulation is ``significant'' and therefore subject to OMB
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
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\3\ 58 FR 51735 (October 4, 1993).
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(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, productivity, competition, jobs, the environment, public
health or safety, or State, local or tribal governments of 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 loan 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
this Executive Order.4
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\4\ Id. at section 3(f)(1)-(4).
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It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
VIII. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``UMRA''), Pub. L. 104-4, EPA must prepare a budgetary impact
statement to accompany any general notice of proposed rulemaking or
final rule that includes a Federal mandate which may
[[Page 28766]]
result in estimated costs to State, local, or tribal governments in the
aggregate, or to the private sector, of $100 million or more. Under
Section 205, for any rule subject to Section 202 EPA generally must
select the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Under Section 203, before establishing any
regulatory requirements that may significantly or uniquely affect small
governments, EPA must take steps to inform and advise small governments
of the requirements and enable them to provide input.
EPA has determined that the final rule promulgated today does not
trigger the requirements of UMRA. The rule does not include a Federal
mandate that may result in estimated annual costs to State, local or
tribal governments in the aggregate, or to the private sector, of $100
million or more, and it does not establish regulatory requirements that
may significantly or uniquely affect small governments.
IX. Judicial Review
Because this action promulgates a control or prohibition under
Section 211 of the Clean Air Act and is nationally applicable, under
Section 307(b)(1) of the Clean Air Act judicial review of this action
is available only by the filing of a petition for review in the U.S.
Court of Appeals for the D.C. Circuit within sixty days of publication
of this action in the Federal Register.
List of Subjects in 40 CFR Part 80
Environmental Protection, Air Pollution Control, Fuel Additives,
Gasoline, Leaded Gasoline, Unleaded Gasoline, and Motor Vehicle
Pollution.
Dated: May 24, 1996.
Carol M. Browner,
Administrator.
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
1. The authority citation for part 80 continues to read as follows:
Authority: Section 114, 211 and 301(a) of the Clean Air Act as
amended (42 U.S.C. 7414, 7545, and 7601(a)).
2. Section 80.24 is amended by revising paragraph (b) to read as
follows:
Sec. 80.24 Controls applicable to motor vehicle manufacturers.
* * * * *
(b) The manufacturer of any motor vehicle equipped with an emission
control device which the Administrator has determined will be
significantly impaired by the use of gasoline other than unleaded
gasoline shall manufacture such vehicle with each gasoline tank filler
inlet having a restriction which prevents the insertion of a nozzle
with a spout having a terminal end with an outside diameter of 0.930
inch (2.363 centimeters) or more and allows the insertion of a nozzle
with a spout meeting the specifications of Sec. 80.22(f)(2).
[FR Doc. 96-14307 Filed 6-5-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-14263 Amendment to Class E Airspace: Kaiser, MO; Camdenton, MO; Sedalia, MO; West Plains, MO; Point Lookout, MO; St. Charles, MO; Monett, MO; Butler, MO; Monroe City, MO; Farmington, MO; Fort Leavenworth, Sherman Army Airfield, KS; and Dodge City, KS
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28743-28745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14263]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 96-ACE-2]
Amendment to Class E Airspace: Kaiser, MO; Camdenton, MO;
Sedalia, MO; West Plains, MO; Point Lookout, MO; St. Charles, MO;
Monett, MO; Butler, MO; Monroe City, MO; Farmington, MO; Fort
Leavenworth, Sherman Army Airfield, KS; and Dodge City, KS
AGENCY: Federal Aviation Administration [FAA], DOT.
ACTION: Final rule.
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SUMMARY: This amendment modifies the Class E airspace area at Kaiser,
Lee C. Fine Memorial Airport, MO; Camdenton Memorial Airport,
Camdenton, MO;
[[Page 28744]]
Sedalia Memorial Airport, Sedalia, MO; West Plains Municipal Airport,
West Plains, MO; M. Graham Clark Airport, Point Lookout, MO; St.
Charles Co. Smartt Airport, St. Charles, MO; Monett Municipal Airport,
Monett, MO; Butler Memorial Airport, Butler, MO; Farmington Regional
Airport, Farmington, MO; Fort Leavenworth, Sherman AAF, KS; and Dodge
City Regional Airport, Dodge City, KS. This action will provide
additional controlled airspace necessary for the planned SIAPs
utilizing the Global Positioning System (GPS).
EFFECTIVE DATE: 0901 UTC August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Kathy Randolph, Operations Branch, ACE-530C, Federal Aviation
Administration, 601 E. 12th St., Kansas City, MO 64106; telephone (816)
426-3408.
SUPPLEMENTARY INFORMATION:
History
On March 26, 1996, the FAA proposed to amend Part 71 of the Federal
Aviation Regulations (14 CFR Part 71) by modifying the Class E airspace
area at Kaiser, MO; Camdenton, MO; Sedalia, MO; West Plains, MO; Point
Lookout, MO; St. Charles, MO; Monett, MO; Butler, MO; Monroe City, MO;
Farmington, MO; Fort Leavenworth, Sherman Army Airfield, KS; and Dodge
City, KS. (61 FR 13115). The proposed action would provide additional
controlled airspace to accommodate the new SIAPs to the above listed
airports. A minor correction is being made to the Kansas City
International Airport, MO, Class E5 airspace, which contains Sherman
Army Airfield, Fort Leavenworth, KS, and to geographical coordinates at
certain airports and navigational aids.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments objecting to the proposal were received. Seven comments
were received in support of the proposal regarding Monett, MO. Class E
airspace areas extending from 700 feet or more above the surface of the
Earth are published in paragraph 6005 of FAA Order 7400.9C, dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.
The Rule
This amendment to Part 71 of the Federal Aviation Regulations (14
CFR Part 71) amends the Class E airspace area at the airports listed in
the summary, by providing additional controlled airspace for aircraft
executing the new SIAPs to the airports. A minor correction is being
made to the Kansas City International Airport, MO, Class E5 airspace,
which contains Sherman Army Airfield, Fort Leavenworth, KS, and to
geographical coordinates at certain airports and navigational aids.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation (1) is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Aviation, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for Part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E Airspace Areas Extending From 700 Feet or
More Above the Surface of the Earth.
* * * * *
ACE MO E5 Kaiser, MO
Kaiser, Lee E. Fine Memorial Airport, MO
(lat. 38 deg.05'46''N., long. 92 deg.32'58''W.)
Camdenton Memorial Airport, MO
(lat. 37 deg.58'29''N., long. 92 deg.41'30''W.)
Osage Beach, Linn Creek-Grand Glaize Memorial Airport, MO
(lat. 38 deg.05'38''N., long. 92 deg.40'50''W.)
Kaiser NDB
(lat. 38 deg.05'48''N., long. 92 deg.33'11''W.)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Lee C. Fine Memorial Airport and within
2.6 miles each side of the 045 deg. bearing of the Kaiser NDB
extending from the 6.5-mile radius of the Lee C. Fine Memorial
Airport to 7.9 miles northeast of the airport and within a 6.3-mile
radius of Camdenton Memorial Airport and within a 6.3-mile radius of
Linn Creek-Grand Glaize Memorial Airport.
* * * * *
* * * * *
ACE MO E5 Sedalia, MO
Sedalia Memorial Airport, MO
(lat. 38 deg.42'25'' N., long. 93 deg.10'34'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Sedalia Memorial Airport and within 2.6
miles of the 011 deg. bearing from Sedalia Memorial Airport
extending from the 6.7-mile radius to 7 miles north of the airport
and within 2.6 miles each side of the 178 deg. bearing from Sedalia
Memorial Airport extending from the 6.7-mile radius to 7 miles south
of the airport.
* * * * *
* * * * *
ACE MO E5 West Plains, MO
West Plains Municipal Airport, MO
(lat. 36 deg.52'41'' N., long. 91 deg.54'10'' W.)
Pomona NDB
(lat. 36 deg.52'42'' N., long. 91 deg.54'02'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of West Plains Municipal Airport and within
2.6 miles each side of the 185 deg. bearing from the Pomona NDB
extending from the 6.4-mile radius of the West Plains Municipal
Airport to 7.4 miles south of the NDB.
* * * * *
* * * * *
ACE MO E5 Point Lookout, MO
Point Lookout, M. Graham Clark Airport, MO
(lat. 36 deg.37'33'' N., long. 93 deg.13'44'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of M. Graham Clark Airport and within 2.6
miles each side of the 123 deg. bearing from the M. Graham Clark
Airport extending from the 6.5-mile radius to 7 miles southeast of
the airport.
* * * * *
* * * * *
ACE MO E5 St. Louis, MO
Lambert-St. Louis International Airport
(lat. 38 deg.44'52'' N., long 90 deg.21'36'' W.)
Spirit of St. Louis Airport, MO
(lat. 38 deg.39'43'' N., long 90 deg.39'104'' W.)
St. Louis Regional Airport, Alton, IL
[[Page 28745]]
(lat. 38 deg.53'25'' N., long 90 deg.02'46'' W.)
St. Charles County Smartt Airport, St. Charles, MO
(lat. 38 deg.55'47'' N., long 90 deg.25'48'' W.)
St. Louis VORTAC
(lat. 38 deg.51'39'' N., long 90 deg.28'57'' W.)
Foristell VORTAC
(lat. 38 deg.41'40'' N., long 90 deg.58'17'' W.)
ZUMAY LOM
(lat. 38 deg.47'17'' N., long 90 deg.16'44'' W.)
OBLIO LOM
(lat. 38 deg.48'01'' N., long 90 deg.28'29'' W.)
Civic Memorial NDB
(lat. 38 deg.53'32'' N., long 90 deg.03'23'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.9-mile radius of the Lambert-St. Louis International
Airport, and within 4 miles southeast and 7 miles northwest of the
Lambert-St. Louis International Airport Runway 24 ILS localizer
course extending from the airport to 10.5 miles northeast of the
ZUMAY LOM, and within 4 miles southwest and 7.9 miles northeast of
the Lambert-St. Louis Airport Runway 12R ILS localizer course
extending from the airport to 10.5 miles northwest of the OBLIO LOM,
and within 4 miles southwest and 7.9 miles northeast of the Lambert-
St. Louis Airport Runway 30L ILS localizer southeast course
extending from the airport to 8.7 miles southeast of the airport,
and within a 6.6-mile radius of Spirit of St. Louis Airport and
within 2.6 miles each side of the 098 deg. radial of the Foristell
VORTAC extending from the 6.6-mile radius area to 8.3 miles west of
the airport, and within a 6.4-mile radius of St. Charles County
Smartt Airport, and within a 6.7-mile radius of St. Louis Regional
Airport, and within 4 miles each side of the 014 deg. bearing from
the Civic Memorial NDB extending from the 6.7-mile radius to 7 miles
north of the airport, and within 4.4 miles each side of the 190 deg.
radial of the St. Louis VORTAC extending from 2 miles south of the
VORTAC to 22.1 miles south of the VORTAC.
* * * * *
* * * * *
ACE MO E5 Monett, MO
Monett Municipal Airport, MO
(lat. 36 deg.54'32''N., long. 94 deg.00'45''W.)
Neosho VORTAC
(lat. 36 deg.50'33''N., long. 94 deg.26'09''W.)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Monett Municipal Airport and within 1.8
miles each side of the Neosho VORTAC 079 deg. radial extending from
the 6.5-mile radius to 7 miles west of the airport.
* * * * *
* * * * *
ACE MO E5 Butler, MO
Butler Memorial Airport, MO
(lat. 38 deg.17'23''N., long. 94 deg.20'24''W.)
Butler VORTAC
(lat. 38 deg.16'20''N., long. 94 deg.29'18''W.)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Butler Memorial Airport and within 1.8
miles each side of the 082 deg. radial of the Butler VORTAC
extending from the 6.4-mile radius to the VORTAC.
* * * * *
* * * * *
ACE MO E5 Monroe City, MO
Monroe City Regional Airport, MO
(lat. 39 deg.38'04''N., long. 91 deg.43'37''W.)
Quincy VORTAC
(lat. 39 deg.50'53''N., long. 91 deg.16'44''W.)
That airspace extending upward from 700 feet above the surface
within a 6.2-mile radius of Monroe City Regional Airport and within
3.5 miles each side of the Quincy VORTAC 239 deg. radial extending
from the 6.2-mile radius to 7 miles northeast of the airport.
* * * * *
* * * * *
ACE MO E5 Farmington, MO
Farmington Regional Airport, MO
(lat. 37 deg.45'42''N., long. 90 deg.25'42''W.)
Farmington VORTAC
(lat. 37 deg.40'24''N., long. 90 deg.14'03''W.)
Perrine NDB
(lat. 37 deg.45'54''N., long. 90 deg.25'45''W.)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Farmington Regional Airport and within
2.6 miles each side of the 034 deg. bearing from the Perrine NDB
extending from the 6.4 mile radius to 7.9 miles north of the
airport, and within 2.6 miles each side of the 191 deg. bearing
from the Perrine NDB extending from the 6.4 mile radius to 7.9 miles
south of the airport, and within 1.3 miles each side of the
Farmington VORTAC 300 deg. radial extending from the 6.4-mile
radius to the VORTAC.
* * * * *
* * * * *
ACE MO E5 Kansas City International Airport, MO
Kansas City International Airport, MO
(lat. 39 deg.17'51''N., long. 94 deg.42'50''W.)
Kansas City Downtown Airport, MO)
(lat. 39 deg.07'24''N., long. 94 deg.35'34''W.)
Fort Leavenworth, Sherman Army Airfield (AAF), KS
(lat. 39 deg.22'06''N., long. 94 deg.54'53''W.)
Kansas City VORTAC
(lat. 39 deg.16'46''N., long. 94 deg.35'29''W.)
DOTTE LOM
(lat. 39 deg.13'15''N., long. 94 deg.45'00''W.)
Riverside VOR/DME
(lat. 39 deg.07'14''N., long. 94 deg.35'48''W.)
That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the Kansas Coty Downtown Airport and
within 3 miles each side of the 210 deg. radial of the Riverside
VOR/DME extending from the 6.7-mile radius to 12.6 miles southwest
of the Downtown Airport, and within a 6.5 mile radius of the Sherman
AAF, and within a 7.3-mile radius of the Kansas City International
Airport and within 4.4 miles west of the Kansas City International
Runway 19R ILS localizer north course and within 4.4 miles east of
the Kansas City International Runway 19L ILS localizer north course
extending from the 7.3-mile radius to 21.7 miles north of the DOTTE
LOM and within 4.4 miles each side of the 096 deg. radius of the
Kansas City VORTAC extending from the Kansas City International
Airport 7.3-mile radius to 5 miles east of the Kansas City VORTAC,
and within 2.5 miles west of the Kansas City International Runway 1L
ILS localizer south course and within 2.5 miles east of the Kansas
City International Runway 1R ILS localizer course extending from the
7.3-mile radius to 9.5 miles south of the DOTTE LOM.
* * * * *
* * * * *
ACE KS E5 Dodge City, KS
Dodge City Regional Airport, KS
(lat. 37 deg.45'47''N., long. 99 deg.57'56''W.)
That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Dodge City Regional Airport.
* * * * *
Issued in Kansas City, MO on May 10, 1996.
Bryan H. Burleson,
Acting Manager, Air Traffic Division, Central Region.
[FR Doc. 96-14263 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-14259 Highway Safety Program StandardsApplicability to Federally Administered Areas
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28750-28751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14259]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 1230
[NHTSA Docket No. 95-83; Notice 1]
RIN 2127-AG10
Highway Safety Program Standards--Applicability to Federally
Administered Areas
AGENCY: National Highway Traffic Safety Administration (NHTSA), Federal
Highway Administration (FHWA), Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes Part 1230 from title 23 of the Code of
Federal Regulations (CFR). Part 1230 made the uniform highway safety
standards, which were promulgated under 23 U.S.C. 402, applicable to
federally administered areas where a Federal department or agency
controlled the highways or supervised traffic operations. This
regulation is being removed because 23 U.S.C. 402 was amended to
provide that the Highway Safety Program Standards be changed to
Guidelines. The FHWA and NHTSA will be working with appropriate Federal
lands managing agencies to develop procedures and agreements for
carrying out the intent of 23 U.S.C. 402, as amended.
EFFECTIVE DATE: July 8, 1996.
FOR FURTHER INFORMATION CONTACT: In NHTSA: Mr. Gary Butler, Office of
State and Community Services, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590,
telephone (202) 366-2121; or Ms. Sharon Y. Vaughn, Office of Chief
Counsel, Room 5219, National Highway Traffic Safety Administration, 400
Seventh Street, S.W., Washington, D.C. 20590, telephone (202) 366-1834.
In FHWA: Ms. Mila Plosky, Office of Highway Safety, Federal Highway
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590,
telephone (202) 366-6902; or Mr. Paul Brennan, Office of Chief Counsel,
Federal Highway Administration, 400 Seventh Street, S.W., Washington,
D.C. 20590, telephone (202) 366-0834.
SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton directed
all Federal Departments and agencies to take four steps to overhaul the
nation's regulatory system. The first step was to conduct a page-by-
page review of all agency regulations now in force and eliminate or
revise those that are outdated or otherwise in need of reform. The
review was to include careful consideration of a number of issues,
including whether the regulation is obsolete, whether its intended goal
can be achieved in more efficient less intrusive ways, or whether
States or local governments can do the job (making Federal regulation
unnecessary).
NHTSA and FHWA conducted a thorough, page-by-page review of all
agency regulations, including those that pertain to State and community
highway safety programs.
As a result of these efforts, NHTSA and FHWA have determined that
Part 1230 should be removed from title 23 of the Code of Federal
Regulations (CFR), because the underlying statutory basis for the
requirements, 23 U.S.C. 402, has been amended to provide that the
uniform highway standards be changed to uniform highway safety
guidelines.
Section 402 of the Highway Safety Act of 1966, 23 U.S.C. 402, was
enacted on September 9, 1966. It provided that:
Each State shall have a highway safety program approved by the
Secretary, designed to reduce traffic accidents and deaths, injuries
and property damage resulting therefrom. Such programs shall be in
accordance with uniform standards promulgated by the Secretary.
Section 402 provided further that:
Such standards as are applicable to State highway safety
programs shall, to the extent determined appropriate by the
Secretary, be applicable to federally administered areas where a
Federal department or agency controls the highways or supervises
traffic operations.
By 1972, the agencies had promulgated 18 uniform highway safety
standards and, on July 13, 1973 (38 FR 18665), the agencies promulgated
Part 1230, which made these uniform standards applicable to federally
administered areas where a Federal department or agency controlled the
highways or supervised traffic operations.
Part 1230 stated that its purpose was to ensure that the uniform
standards established to regulate highway safety activities were
applied uniformly throughout the United States to those highways and
activities that were administered by Federal agencies.
Section 206 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987, Public Law 100-17, amended U.S.C. 402 by
changing the term ``standards'' to ``guidelines.''
However, the statutory amendment, which required that the standards
be changed to guidelines in no way diminishes the integrity and
significant importance of the national highway safety program.
Pursuant to Section 402, such guidelines as are applicable to State
highway safety programs shall, to the extent determined appropriate by
the Secretary of Transportation, be applicable to federally
administered areas where a Federal department or agency controls the
highways or supervises traffic operations.
To ensure the continued operation of this program, the FHWA and
NHTSA will meet with representatives of Federal lands managing agencies
to develop agreements for carrying out the provisions of 23 U.S.C. 402.
This activity will include updating any existing agreements between the
U.S. Department of Transportation and the Federal lands managing
agencies. In addition, the FHWA and NHTSA have developed the Highway
Safety Grant Management Manual which includes a chapter on Uniform
Guidelines for State Highway Safety programs. This information will be
made available to Federal lands managing agencies.
[[Page 28751]]
Rulemaking Analyses and Notices
(a) Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The agencies have considered the impact of the rulemaking action
under E.O. 12866, ``Regulatory Planning and Review.'' This action has
been determined to be not ``significant'' under the Department of
Transportation's regulatory policies and procedures.
(b) Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the agencies have evaluated the effects of this rule
on small entities. Based on the evaluation, the agencies hereby certify
that this action will not have a significant economic impact on a
substantial number of small entities. Accordingly, the preparation of a
Regulatory Flexibility Analysis is unnecessary.
(c) Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment.
(d) Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
(e) National Environmental Policy Act
The agencies have analyzed this action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
have determined that this action would not have any effect on the
quality of the environment.
(f) Executive Order 12778 (Civil Justice Reform)
This action does not have any preemptive or retroactive effect. It
imposes no requirements on the States, but rather simply removes a
regulation to reflect statutory changes. The enabling legislation does
not establish a procedure for judicial review of the final rules
promulgated under its provisions. There is no requirement that
individuals submit a petition for reconsideration or other
administrative proceedings before they may file suit in court.
Notice and Comment
Because the amendments relate to a grant program and are therefore
not covered by the Administrative Procedure Act, and since they reflect
statutory changes and do not impose any additional requirements, the
amendments are being made without prior notice and opportunity to
comment.
List of Subjects in 23 CFR Part 1230
Highway Safety Program Standards--Applicability to Federally
Administered Areas.
PART 1230--[REMOVED]
Under the authority of 49 CFR Parts 1.48 and 1.50, the
Administrators of the National Highway Traffic Safety Administration
and Federal Highway Administration amends Title 23 of the Code of
Federal Regulations by removing part 1230.
Issued on: May 3, 1996.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Administrator, National Highway Safety Traffic Administration.
[FR Doc. 96-14259 Filed 6-05-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-14258 Use of Safety Belts and Motorcycle Helmets; Compliance and Transfer-of-Funds Procedures
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28747-28750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14258]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Federal Highway Administration
23 CFR Part 1215
[Docket No. 92-40; Notice 3]
RIN 2127-AG23
Use of Safety Belts and Motorcycle Helmets; Compliance and
Transfer-of-Funds Procedures
AGENCIES: National Highway Traffic Safety Administration (NHTSA) and
Federal Highway Administration (FHWA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements portions of the National Highway System
Designation Act of 1995 that changed the transfer-of-funds provisions
contained in section 153 of title 23, United States Code. As amended,
section 153 subjects a State to a transfer of funds apportioned under
its Federal-aid highway programs to its apportionment under the section
402
[[Page 28748]]
highway safety program if the State fails to enact safety belt use
legislation. There is no longer a requirement that a State also enact
motorcycle helmet use legislation in order to avoid the transfer of
funds. Maine and New Hampshire are provided alternative compliance
criteria to avoid the transfer of funds. This rule amends the existing
regulation concerning determinations of compliance and transfers of
funds to reflect these statutory changes.
EFFECTIVE DATE: June 6, 1996.
FOR FURTHER INFORMATION CONTACT: In NHTSA, Gary Butler, Office of State
and Community Services, Room 5238, NHTSA, 400 Seventh Street, SW,
Washington, D.C., 20590 (202-366-2674) or John Donaldson, Office of the
Chief Counsel, Room 5219, NHTSA, 400 Seventh Street, SW, Washington,
D.C., 20590 (202-366-1834). In FHWA, Mila Plosky, Office of Highway
Safety, Room 3407, FHWA, 400 Seventh Street, SW, Washington, D.C.,
20590 (202-366-6902) or Raymond Cuprill, Office of the Chief Counsel,
Room 4217, FHWA, 400 Seventh Street, SW, Washington, D.C., 20590 (202-
366-0834).
SUPPLEMENTARY INFORMATION:
Background
On November 28, 1995, Congress enacted the National Highway System
Designation Act of 1995 (NHS), Pub. Law 104-59. Section 205(e) of the
NHS amended Section 153(h) of title 23, United States Code, changing
the circumstances giving rise to a transfer of funds. Prior to the
amendment, Section 153(h) provided that a State that failed to put into
effect both motorcycle helmet use and safety belt use legislation would
be subject to a transfer of certain funds apportioned under the State's
Federal-aid highway programs to its apportionment under the Section 402
program. Section 205(e) of the NHS removed the requirement that a State
must enact motorcycle helmet use legislation in order to avoid the
transfer of funds. As amended, Section 153 continues to require State
enactment of safety belt use legislation, and provides for a transfer
of funds if a State does not maintain in effect ``a law which makes
unlawful throughout the State the operation of a passenger vehicle
whenever an individual in a front seat of the vehicle (other than a
child who is secured in a child restraint system) does not have a
safety belt properly fastened about the individual's body.''
Section 205(e) of the NHS has an effective date of September 30,
1995. Under 23 U.S.C. 153(h)(2), as amended by section 205(e), the
transfer provision remains the same as before, but applies only in the
absence of safety belt use legislation. (A parallel amendment to 23
U.S.C. 153(h)(1) is not treated in this notice as it has no
applicability beyond FY 1995.) A State failing to have in effect a
safety belt use law throughout a fiscal year will experience a
transfer, in the succeeding fiscal year, of three percent of the funds
apportioned to the State's Federal-aid highway programs under each of
subsections 104(b)(1), (b)(2), and (b)(3) of title 23, United States
Code, to the State's highway safety program apportionment under section
402 of that title.
In accordance with the provisions of Section 205(e) of the NHS,
today's notice removes all references and requirements concerning
motorcycle helmet use legislation from the regulation implementing
Section 153. In addition, outdated provisions concerning previous
fiscal years are deleted, consistent with the President's direction
that the nation's regulatory system be overhauled and streamlined.
Other portions of the regulation, including those describing compliance
criteria and exemptions (insofar as they apply to safety belt use
legislation) and the purposes for which transferred funds may be used
remain unchanged.
Section 355 of the NHS created alternative compliance criteria
available only to the States of New Hampshire and Maine, by which these
States might avoid a transfer of funds due to non-compliance with the
provisions of 23 U.S.C. 153. Section 355 provides that New Hampshire
and Maine are each to be deemed in compliance with Section 153 upon
certification by the Secretary of Transportation that the State has
achieved a safety belt use rate ``in each of fiscal years 1995 and
1996, of not less than 50 percent'' and ``in each fiscal year
thereafter of not less than the national average safety belt use rate,
as determined by the Secretary.'' Section 355 additionally provides
that if New Hampshire or Maine ``continues in effect'' a safety belt
use law within 60 days after the section's enactment, the State is to
be treated as if the law were in effect as of September 30, 1995.
(Maine has enacted legislation satisfying this timeliness requirement,
and will not be subject to the safety belt use rate requirements
provided the legislation is continued in effect.) Finally, Section 355
provides for a reservation of funds prior to the transfer. These
alternative compliance criteria and procedures are also addressed in
today's notice.
Rulemaking Analyses and Notices
(a) Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The agencies have not reviewed this rulemaking document under
Executive Order 12866. This action has been determined to be not
``significant'' under the Department of Transportation's regulatory
policies and procedures.
(b) Regulatory Flexibility Act (Pub. L. 96-354)
In compliance with the Regulatory Flexibility Act, the agencies
have evaluated the effects of this action on small entities, and
certify that this action will not have a significant economic impact on
a substantial number of small entities. Accordingly, the preparation of
a Regulatory Flexibility Analysis is unnecessary.
(c) Executive Order 12612 (Federalism Assessment)
The agencies have analyzed this action in accordance with Executive
Order 12612, and have determined that it does not have federalism
implications warranting the preparation of a federalism assessment. The
action implements new legislation which reduces Federal requirements
imposed on the States.
(d) Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.)
This action does not affect a collection of information
requirement, for purposes of the Paperwork Reduction Act.
(e) National Environmental Policy Act (42 U.S.C. 4321 et seq.)
The agencies have reviewed this action for purposes of the National
Environmental Policy Act, and determined that it will not have a
significant effect on the quality of the human environment.
(f) Executive Order 12778 (Civil Justice Reform)
This action does not have any preemptive effect, and the only
retroactive effect is one that removes a Federal requirement. It
imposes no requirements on the States, but rather deletes provisions
that are obsolete and removes restrictions on the States that have been
rescinded by new legislation. The enabling legislation does not
establish a procedure for judicial review of final rules promulgated
under its provisions. There is no requirement that individuals pursue
administrative remedies prior to filing suit in court.
[[Page 28749]]
(g) Notice and Comment
The agencies find that prior notice and opportunity for comment are
unnecessary under 5 U.S.C. 553(b)(3)(B) because the agencies are not
exercising discretion in a way that could be meaningfully affected by
public comment. The amendments made by this action merely remove
restrictions on the States, as mandated by new legislation, and delete
provisions that are obsolete. Therefore, notice and opportunity for
comment are not required under the regulatory policies and procedures
of the Department of Transportation. In addition, good cause exists to
dispense with the 30-day delayed effective date requirement of 5 U.S.C.
553(d) because this final rule ``grants or recognizes an exemption or
relieves a restriction'' in accordance with 5 U.S.C. 553(d)(1).
List of Subjects in 23 CFR Part 1215
Grant programs--Transportation, Highway safety.
For the reasons set forth in the preamble, Part 1215 of Title 23 of
the Code of Federal Regulations is amended to read as follows:
PART 1215--USE OF SAFETY BELTS AND MOTORCYCLE HELMETS--COMPLIANCE
AND TRANSFER-OF-FUNDS PROCEDURES
1. The authority citation for part 1215 is revised to read as
follows:
Authority: 23 U.S.C. 153; Secs. 205(e) and 355, Pub. L. 104-59;
delegations of authority at 49 CFR 1.48 and 1.50.
2. The heading to part 1215 is revised to read as follows:
PART 1215--USE OF SAFETY BELTS--COMPLIANCE AND TRANSFER-OF-FUNDS
PROCEDURES
3. Section 1215.1 is revised to read as follows:
Sec. 1215.1 Scope.
This part establishes criteria, in accordance with 23 U.S.C. 153,
as amended, and Section 355 of the National Highway System Designation
Act of 1995, for determining compliance with the requirement that
States not having safety belt use laws be subject to a transfer of
Federal-aid highway apportionments under 23 U.S.C. 104 (b)(1), (b)(2),
and (b)(3) to the highway safety program apportionment under 23 U.S.C.
402.
4. Section 1215.2 is revised to read as follows:
Sec. 1215.2 Purpose.
This part clarifies the provisions which a State must incorporate
into its safety belt law to prevent the transfer of a portion of its
Federal-aid highway funds to the section 402 highway safety program
apportionment, describes notification and transfer procedures,
establishes parameters for the use of transferred funds, and provides
alternate compliance criteria for New Hampshire and Maine.
5. In Sec. 1215.3, the definition of ``motorcycle'' is removed and
a new definition is added after the definition of ``safety belt,'' to
read as follows:
Sec. 1215.3 Definitions.
* * * * *
Secretary means the Secretary of Transportation.
6. Section 1215.4 is revised to read as follows:
Sec. 1215.4 Compliance criteria.
(a) Except as provided in paragraphs (c) or (d) of this section, in
order to avoid the transfer or reservation (as applicable) specified in
Sec. 1215.7, a State must have and continue in effect at all times
during the fiscal year a law which makes unlawful throughout the State
the operation of a passenger vehicle whenever an individual in a front
seat of the vehicle (other than a child who is secured in a child
restraint system) does not have a safety belt properly fastened about
the individual's body.
(b) A State that enacts the law specified in paragraph (a) of this
section will be determined to comply with 23 U.S.C. 153, provided that
any exemptions are consistent with Sec. 1215.5.
(c) If New Hampshire or Maine enacts a law described in paragraph
(a) of this section by January 27, 1996, the State shall be deemed as
having that law in effect on September 30, 1995.
(d)(1) If the Secretary certifies in a fiscal year that New
Hampshire or Maine has achieved the safety belt use rate specified in
paragraph (d)(2) of this section, the State shall be considered as
complying with the provisions of paragraph (a) of this section.
(2) The safety belt use rate must be not less than 50 percent in
each of fiscal years 1995 and 1996, and not less than the national
average as determined by the Secretary in each fiscal year thereafter.
7. Section 1215.5 is revised to read as follows:
Sec. 1215.5 Exemptions.
(a) Safety belt use laws exempting persons with medical excuses,
persons in emergency vehicles, persons in the custody of police,
persons in public and livery conveyances, persons in parade vehicles,
persons in positions not equipped with safety belts, and postal,
utility and other commercial drivers who make frequent stops in the
course of their business shall be deemed to comply with 23 U.S.C. 153.
(b) Safety belt use laws exempting vehicles equipped with air bags
shall be deemed not to comply with 23 U.S.C. 153.
(c) An exemption not identified in paragraph (a) of this section
shall be deemed to comply with 23 U.S.C. 153 only if NHTSA and FHWA
determine that it is consistent with the intent of Sec. 1215.4(a), and
applies to situations in which the risk to occupants is very low or in
which there are exigent justifications.
8. Section 1215.6 is revised to read as follows:
Sec. 1215.6 Review and notification of compliance status.
Review of each State's laws and notification of compliance status
shall occur each fiscal year, in accordance with the following
procedures:
(a) NHTSA and FHWA will review appropriate State laws for
compliance with 23 U.S.C. 153. States initially found to be in non-
compliance will be notified of such finding and of funds expected to be
transferred or reserved (as applicable) under Sec. 1215.7, through the
advance notice of apportionments required under 23 U.S.C. 104(e),
normally not later than ninety days prior to final apportionment.
(b) A State notified of non-compliance under paragraph (a) of this
section may, within 30 days after its receipt of the advance notice of
apportionments, submit documentation showing why it is in compliance to
the Associate Administrator for State and Community Services, NHTSA,
400 Seventh Street, SW, Washington, D.C., 20950.
(c) Each fiscal year, States determined to be in non-compliance
with 23 U.S.C. 153 will receive notice of the funds being transferred
or reserved (as applicable) under Sec. 1215.7, through the
certification of apportionments required under 23 U.S.C. 104(e),
normally on October 1.
9. Section 1215.7 is revised to read as follows:
Sec. 1215.7 Transfer of funds
(a) Except as provided in paragraph (b) of this section, if at any
time in a fiscal year beginning after September 30, 1994, a State does
not have in effect a law described in Sec. 1215.4(a), the Secretary
shall transfer 3 percent of the funds apportioned to the State for the
succeeding fiscal year under 23 U.S.C. 104 (b)(1), (b)(2) and (b)(3) to
the apportionment of the State under 23 U.S.C. 402.
[[Page 28750]]
(b) For New Hampshire or Maine, except as provided in
Sec. 1215.4(c), if at any time in a fiscal year beginning after
September 30, 1994, the State does not have in effect a law described
in Sec. 1215.4(a), the Secretary shall reserve 3 percent of the funds
to be apportioned to the State for the succeeding fiscal year under 23
U.S.C. 104 (b)(1), (b)(2) and (b)(3) if the Secretary has not
certified, in accordance with Sec. 1215.4(d), that the State has
achieved the applicable safety belt use rate.
(c) If, at the end of a fiscal year in which the funds are reserved
for New Hampshire or Maine under paragraph (b) of this section, the
Secretary has not certified that the State achieved the applicable
safety belt use rate, the Secretary shall transfer the funds reserved
from the State to the apportionment of the State under 23 U.S.C. 402.
(d) Any obligation limitation existing on transferred funds prior
to the transfer will apply, proportionately, to those funds after
transfer.
Issued on: May 31, 1996.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Adminstrator, National Highway Traffic Safety Administration
[FR Doc. 96-14258 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-14257 Rules of Procedure for Invoking Sanctions Under the Highway Safety Act of 1966
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28745-28747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14257]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
National Highway Traffic Safety Administration
23 CFR Part 1206
[Docket No. 96-02; Notice 2]
RIN 2127-AG10
Rules of Procedure for Invoking Sanctions Under the Highway
Safety Act of 1966
AGENCY: Federal Highway Administration (FHWA) and National Highway
Traffic Safety Administration (NHTSA), Department of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule replaces the outdated procedures contained in 23 CFR
Part 1206 with new procedures as a part of the regulatory review
directed by President Clinton on March 4, 1995. It changes the
regulation to reflect the current sanction authority of 23 U.S.C. 402
and to replace the present burdensome hearing process with a simplified
review process.
EFFECTIVE DATE: June 6, 1996.
FOR FURTHER INFORMATION CONTACT: In FHWA, Mila Plosky, Office of
Highway Safety, 202-366-6902; or Raymond W. Cuprill, Office of the
Chief Counsel, 202-366-1377. In NHTSA, Gary Butler,
[[Page 28746]]
Office of State and Community Services, 202-366-2121; or Heidi L.
Coleman, Office of the Chief Counsel, 202-366-1834.
SUPPLEMENTARY INFORMATION:
Background
On March 4, 1995, President Clinton directed all Federal
Departments and agencies to overhaul the nation's regulatory system.
One of the actions required by the directive was to revise any
regulation that had become outdated or otherwise in need of reform. The
Department has identified 23 CFR Part 1206 as a regulation that should
be revised to conform to the current provisions of 23 U.S.C. 402.
This regulation was first promulgated in May 1974. Since that time,
23 U.S.C. 402 has been amended to provide more flexibility to the
States regarding the planning and implementation of highway safety
programs.
When the Section 402 program was first established, under the
Highway Safety Act of 1966, the Act required DOT to establish uniform
standards for State highway safety programs to assist States and local
communities in organizing their highway safety programs. Eighteen such
standards were established. Until 1976, the Section 402 program was
principally directed towards achieving State and local compliance with
these 18 standards, which were considered mandatory requirements with
financial sanctions for non-compliance.
Under the Highway Safety Act of 1976, Congress provided for a more
flexible implementation of the program so the Department would not have
to require State compliance with every uniform standard or with each
element of every uniform standard. As a result, the standards became
more like guidelines for use by the States, and management of the
program shifted from enforcing standards, to problem identification and
countermeasure development and evaluation, using the standards as a
framework for State programs. In 1987, Section 402 of the Highway
Safety Act was formally amended to provide that the standards be
changed to guidelines.
To reflect these changes, the agencies published a Notice of
Proposed Rulemaking (NPRM) in the Federal Register on March 22, 1996
(61 FR 11794), proposing to amend the regulation by removing from
Section 1206.1, Scope, the requirement that States must comply with
highway safety program standards, and by removing the term ``highway
safety program standards'' from the definitions contained in Section
1206.3. The notice also proposed to remove definitions of other
obsolete terms from Section 1206.3.
This notice proposed to make additional revisions to the regulation
to reflect other changes that have been made to the Section 402
statute, and to the manner in which the Section 402 program is
implemented.
In 1974, when Part 1206 was first promulgated, States were required
to submit to DOT both a Comprehensive Highway Safety Plan (a multi-year
plan of the State and its political subdivisions for implementing the
highway safety program standards) and an Annual Highway Safety Work
Program (detailing the activities and proposed expenditures of the
State and its political subdivisions for implementing selected
components of the State's Comprehensive Highway Safety Plan during the
year) for approval. Any state which was not implementing a highway
safety program approved by DOT would be subject to the reduction of its
Federal aid highway Section 104 apportionments by 10 percent.
The documentation States are required to submit for approval has
since been dramatically reduced, and the sanction contained in Section
402 has been changed. The 10 percent reduction in Section 104 (Federal
aid highway) apportionments was replaced in 1976 by a 50 percent
reduction of Section 402 (highway safety grant) apportionments. The
NPRM proposed to revise the definition of the term ``highway safety
program'' contained in Section 1206.3, and provisions in Section
1206.4, Sanctions, to reflect these changes and to conform the
regulation to the current provisions of 23 U.S.C. 402.
The regulation required that extensive procedures be followed to
determine whether a sanction is to be invoked against a State. It
provided, for example, that upon making a proposed recommended
determination to invoke sanctions against a State, DOT must send to the
Governor of that State and publish in the Federal Register a notice
proposing the recommended determination. A hearing must be held before
a three-member hearing board, and a prehearing conference and consent
determination may be sought by the State or by DOT.
These procedures had not been followed since 1976, when the Section
402 program changed. Accordingly, the NPRM proposed to update and
streamline these outdated procedures. It proposed to replace the
extensive hearing process with a simplified process based on
documentation. The agencies stated in the NPRM that they believe this
revision to the regulation would continue to ensure that States have a
full and fair opportunity to be heard on the issues involved, should
the agencies propose to invoke sanctions against a State, but in a
manner that would be less costly and burdensome for both the State and
the Federal agencies.
Comments
The NPRM requested comments not later than May 6, 1996. No comments
were received. Accordingly, the agencies have adopted the revision
proposed in the NPRM without change in the final rule.
Regulatory Analyses and Notices
Executive Order 12778 (Civil Justice Reform)
This rule does not have any preemptive or retroactive effect. It
imposes no requirements on the States, but simply revises outdated or
burdensome provisions in the regulation. The enabling legislation does
not establish a procedure for judicial review of final rules
promulgated under its provisions. There is no requirement that
individuals submit a petition for reconsideration or other
administrative proceedings before they may file suit in court.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The agencies have determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of Department of Transportation
Regulatory Policies and Procedures. This rule will not impose any
additional burden on the public. It is technical in nature and will not
change the requirements of the program. It is anticipated that there
will be no economic impact as a result of this rulemaking. Accordingly,
a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), the agencies have evaluated the effects of this
action on small entities. Based on the evaluation, we certify that this
action will not have a significant impact on a substantial number of
small entities. Accordingly, the preparation of a Regulatory
Flexibility Analysis is unnecessary.
[[Page 28747]]
Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The agencies have analyzed this rule for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
have determined that it will not have any significant impact on the
quality of the human environment.
Executive Order 12612 (Federalism Assessment)
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment. Accordingly, the
preparation of a Federalism Assessment is not warranted.
List of Subjects in 23 CFR Part 1206
Grant programs--transportation, Highway safety.
In accordance with the foregoing, Part 1206 of Title 23 of the Code
of Federal Regulations is revised to read as follows:
PART 1206--RULES OF PROCEDURE FOR INVOKING SANCTIONS UNDER THE
HIGHWAY SAFETY ACT OF 1966
Sec.
1206.1 Scope
1206.2 Purpose
1206.3 Definitions
1206.4 Sanctions
1206.5 Review process.
Authority: 23 U.S.C. 402; delegation of authority at 49 CFR 1.48
and 1.50.
Sec. 1206.1 Scope.
This part establishes procedures governing determinations to invoke
the sanctions applicable to any State that does not comply with the
highway safety program requirements in the Highway Safety Act of 1966,
as amended (23 U.S.C. 402).
Sec. 1206.2 Purpose.
The purpose of this part is to prescribe procedures for determining
whether and the extent to which the 23 U.S.C. 402 sanctions should be
invoked, and to ensure that, should sanctions be proposed to be invoked
against a State, the State has a full and fair opportunity to be heard
on the issues involved.
Sec. 1206.3 Definitions.
As used in this part:
(a) Administrators means the Administrators of the Federal Highway
Administration and the National Highway Traffic Safety Administration.
(b) Highway safety program means an approved program in accordance
with 23 U.S.C. 402, which is designed by a State to reduce traffic
accidents, and death, injuries and property damage resulting therefrom.
(c) Implementing means both having and putting into effect an
approved highway safety program.
Sec. 1206.4 Sanctions.
(a) The Administrators shall not apportion any funds under 23
U.S.C. 402 to any State which is not implementing a highway safety
program.
(b) If the Administrators have apportioned funds to a State and
subsequently determine that the State is not implementing a highway
safety program, the Administrators shall reduce the funds apportioned
under 23 U.S.C. 402 to the State by amounts equal to not less than 50
per centum, until such time as the Administrators determine that the
State is implementing a highway safety program.
(c) The Administrators shall consider the gravity of the State's
failure to implement a highway safety program in determining the amount
of the reduction.
(d) If the Administrators determine that a State has begun
implementing a highway safety program before the end of the fiscal year
for which the funds were withheld, they shall promptly apportion to the
State the funds withheld from its apportionment.
(e) If the Administrators determine that the State did not correct
its failure before the end of the fiscal year for which the funds were
withheld, the Administrators shall reapportion the withheld funds to
the other States, in accordance with the formula specified in 23 U.S.C.
402(c), not later than 30 days after such determination.
Sec. 1206.5 Review process.
(a) In any fiscal year, if the Administrators determine, based on a
preliminary review, that a State is not implementing a highway safety
program in accordance with 23 U.S.C. 402, the Administrators shall
issue jointly to the State an advance notice, advising the State that
the Administrators expect to either withhold funds from apportionment
under 23 U.S.C. 402, or reduce the State's apportioned funds under 23
U.S.C. 402. The Administrators shall state the amount of the expected
withholding or reduction. The advance notice will normally be sent not
later than ninety days prior to final apportionment.
(b) If the Administrators issue an advance notice to a State, based
on a preliminary review, the State may, within 30 days of its receipt
of the advance notice, submit documentation demonstrating that it is
implementing a highway safety program. Documentation shall be submitted
to the Administrator for NHTSA, 400 Seventh Street SW, Washington, D.C.
20590.
(c) If the Administrators decide, after reviewing all relevant
information, that a State is not implementing a highway safety program
in accordance with 23 U.S.C. 402, they shall issue a final notice,
advising the State either of the funds being withheld from
apportionment under 23 U.S.C. 402, or of the apportioned funds being
reduced under 23 U.S.C. 402 and the amount of the withholding or
reduction. The final notice of a withholding will normally be issued on
October 1. The final notice of a reduction will be issued at the time
of a final decision.
Issued on: May 31, 1996.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 96-14257 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-14243 FOIA Fee Schedule
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14243]
=======================================================================
-----------------------------------------------------------------------
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
10 CFR Part 1703
FOIA Fee Schedule
AGENCY: Defense Nuclear Facilities Safety Board.
ACTION: Update of FOIA Fee Schedule.
-----------------------------------------------------------------------
SUMMARY: The Defense Nuclear Facilities Safety Board is publishing its
annual update to the Freedom of Information Act (FOIA) Fee Schedule
pursuant to 10 CFR Sec. 1703.107(b)(6) of the Board's regulations.
EFFECTIVE DATE: June 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Kenneth M. Pusateri, General Manager, Defense Nuclear Facilities Safety
Board, 625 Indiana Avenue, NW, Suite 700, Washington, DC 20004-2901,
(202) 208-6447.
SUPPLEMENTARY INFORMATION: The FOIA requires each Federal agency
covered by the Act to specify a schedule of fees applicable to
processing of requests for agency records. 5 U.S.C. 552(a)(4)(i). On
March 15, 1991 the Board published for comment in the Federal Register
its proposed FOIA Fee Schedule. 56 FR 11114. No comments were received
in response to that notice and the Board issued a final Fee Schedule on
May 6, 1991.
Pursuant to 10 CFR Sec. 1703.107(b)(6) of the Board's regulations,
the Board's General Manager will update the FOIA Fee Schedule once
every 12 months. Previous Fee Schedule updates were published in the
Federal Register and went into effect, most recently, on May 1, 1995.
59 FR 20887.
Board Action
Accordingly, the Board issues the following schedule of updated
fees for services performed in response to FOIA requests:
Defense Nuclear Facilities Safety Board Schedule of Fees for FOIA
Services
[Implementing 10 CFR Sec. 1703.107(b)(6))]
------------------------------------------------------------------------
------------------------------------------------------------------------
Search or Review Charge................... $45 per hour.
Copy Charge (paper)....................... $.05 per page or generally
available commercial rate
(approximately $.10 per
page).
Copy Charge (3.5'' diskette).............. $5.00 per diskette.
Copy Charge (audio cassette).............. $3.00 per cassette.
Duplication of Video...................... $25.00 per video, $16.50 for
each additional video.
Copy Charge for large documents (e.g., Actual commercial rates.
maps, diagrams).
------------------------------------------------------------------------
Dated: May 31, 1996.
Kenneth M. Pusateri,
General Manager.
[FR Doc. 96-14243 Filed 6-5-96; 8:45 am]
BILLING CODE 3670-01-M
Complete official Federal Register PDF
FR Doc. 96-14239 Implementation of Section 403(l) of the Telecommunications Act of 1996 (Silent Station Authorizations)
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28766-28768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14239]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[FCC 96-218]
Implementation of Section 403(l) of the Telecommunications Act of
1996 (Silent Station Authorizations)
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is implementing Section 403(l) of the
Telecommunications Act of 1996, which provides for the accelerated
expiration of broadcast station licenses upon a broadcast station's
failure to broadcast for 12 consecutive months. The action is necessary
in order to conform the Commission's rules to section 403(l) of the
Telecommunications Act, and the intended effect of the action is to
conform the rules to those statutory provisions.
EFFECTIVE DATE: June 6, 1996.
FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Mass Media Bureau,
Audio Services Division (202) 418-2780.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order
(In the Matter of Implementation of section 403(l) of the
Telecommunications Act of 1996 (Silent Station Authorizations)),
adopted May 14, 1996, and released May 17, 1996. The complete text of
this Order is available for inspection and copying during normal
business hours in the FCC Reference Center (Room 239), 1919 M Street,
NW, Washington, DC, and also may be purchased from the Commission's
copy contractor, International Transcription Service, (202) 857-3800,
2100 M Street, NW, Suite 140, Washington, DC 20037.
Synopsis of Order
1. This Order implements section 403(l) of the Telecommunications
Act of 1996 (``Telecom Act'') [Pub. L. No. 104-104, 110 Stat. 56
(1996)], which adopts a new section 312(g) of the Communications Act
providing for accelerated expiration of broadcast station licenses upon
failure to broadcast for 12 consectuive months.
2. New Section 312(g) states:
If a broadcasting station fails to transmit broadcast signals
for any consecutive 12-month period, then the station license
granted for the operation of that broadcast station expires at the
end of that period, notwithstanding any provision, term, or
condition of the license to the contrary.
47 U.S.C. 312(g).
3. The Order provides that the first date of such license
expiration will be February 9, 1997. The following broadcast stations
will be affected: Commercial and noncommercial AM, FM, and TV stations,
International Broadcast Stations, Low Power Television Stations, FM and
TV Translator and Booster stations, broadcast experimental stations,
and other classes of broadcast stations that may be established in the
future. With the expiration of any AM, FM, or TV broadcasting station
license, the licensee's associated remote pickup and auxiliary stations
authorized in connection with the operation of the broadcast station
would also necessarily expire. A station's other FCC applications and
authorizations will not toll or extend the 12-month period,
notwithstanding any provision in any authorization to the contrary.
4. Administrative Matters. We are revising the rules as detailed
below without providing prior notice and an opportunity for comment. We
find that notice and comment procedures are unnecessary, and that this
action therefore falls within the ``good cause'' exception of the
Administrative Procedure Act (``APA''). See 5 U.S.C. 553(b)(B) (notice
requirements inapplicable ``when the agency for good cause * * * finds
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest''). We further find for
the same reasons that good cause exists to make the rule changes
adopted herein effective upon publication of this Order in the Federal
Register. See id. at section 553(d)(3). The rule changes adopted in
this Order do not involve discretionary action by the Commission.
Rather, they simply codify provisions of the Telecom Act.
5. Effective Dates. The rules adopted in the Order will become
effective upon publication in the Federal Register. The ``clock'' for
periods of continued silence triggering automatic expiration began to
run on the date of enactment of the Telecom Act (February 8, 1996). The
first date of accelerated license
[[Page 28767]]
expiration will be 12 months later, on February 9, 1997.
6. Ordering Clause. Accordingly, it is ordered that, pursuant to
section 403(l) of the Telecommunications Act of 1996, codified as
section 312(g) of the Communications Act of 1934, as amended, 47 U.S.C.
section 312(g), parts 73 and 74 of the Commission's rules, 47 CFR part
73 and part 74 are amended as set forth below. We find good cause to
make these rule changes effective less than 30 days after publication
in the Federal Register. These changes merely modify the Commission's
rules to conform with provisions of the 1996 Act that have already
taken effect.
List of Subjects
47 CFR Part 73
Radio broadcasting, Television broadcasting.
47 CFR Part 74
Radio broadcasting, Television broadcasting.
Federal Communications Commission
LaVera F. Marshall,
Acting Secretary.
Rule Changes
Parts 73 and 74 of Title 47 of the Code of Federal Regulations are
amended as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334.
2. Section 73.561 is amended by adding a last sentence to paragraph
(d) to read as follows:
Sec. 73.561 Operating schedule; time sharing.
* * * * *
(d) * * * The license of a broadcasting station that fails to
transmit broadcast signals for any consecutive 12-month period expires
as a matter of law at the end of that period, notwithstanding any
provision, term, or condition of the license to the contrary.
* * * * *
3. Section 73.733 is revised to read as follows:
Sec. 73.733 Normal license period.
All international broadcasting station licenses will be issued so
as to expire at the hour of 3 a.m. local time and will be issued for a
normal license period of 7 years expiring November 1. However, the
license of a broadcasting station that fails to transmit broadcast
signals for any consecutive 12-month period expires as a matter of law
at the end of that period, notwithstanding any provision, term, or
condition of the license to the contrary.
4. Section 73.761 is amended by adding a last sentence to paragraph
(c) to read as follows:
Sec. 73.761 Time of operation.
* * * * *
(c) * * * The license of a broadcasting station that fails to
transmit broadcast signals for any consecutive 12-month period expires
as a matter of law at the end of that period, notwithstanding any
provision, term, or condition of the license to the contrary.
5. Section 73.1020 is amended by adding a new paragraph (c) to read
as follows:
Sec. 73.1020 Station license period.
* * * * *
(c) The license of a broadcasting station that fails to transmit
broadcast signals for any consecutive 12-month period expires as a
matter of law at the end of that period, notwithstanding any provision,
term, or condition of the license to the contrary.
6. Section 73.1615 is amended by adding a new paragraph (c)(2) to
read as follows:
Sec. 73.1615 Operation during modification of facilities.
* * * * *
(c) * * *
(2) The license of a broadcasting station that fails to transmit
broadcast signals for any consecutive 12-month period expires as a
matter of law at the end of that period, notwithstanding any provision,
term, or condition of the license or construction permit to the
contrary.
* * * * *
7. Section 73.1635 is amended by adding a last sentence to
paragraph (a)(4) to read as follows:
Sec. 73.1635 Special temporary authorizations (STA).
(a) * * *
(4) * * * The license of a broadcasting station that fails to
transmit broadcast signals for any consecutive 12-month period expires
as a matter of law at the end of that period, notwithstanding any STA
or provision, term, or condition of the license to the contrary.
* * * * *
8. Section 73.1740 is amended by adding a new paragraph (c) to read
as follows:
Sec. 73.1740 Minimum operating schedule.
* * * * *
(c) The license of any broadcasting station that fails to transmit
broadcast signals for any consecutive 12-month period expires as a
matter of law at the end of that period, notwithstanding any provision,
term, or condition of the license to the contrary.
9. Section 73.1750 is amended by adding a last sentence to read as
follows:
Sec. 73.1750 Discontinuance of operation.
* * * The license of any broadcasting station that fails to
transmit broadcast signals for any consecutive 12-month period expires
as a matter of law at the end of that period, notwithstanding any
provision, term, or condition of the license to the contrary.
PART 74--EXPERIMENTAL, AUXILIARY, AND SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
10. The authority citation for Part 74 continues to read as
follows:
Authority: 47 U.S.C. 154, 303, 554.
11. Section 74.15 is amended by adding a new paragraph (g) to read
as follows:
Sec. 74.15 Station license period.
* * * * *
(g) The license of an experimental broadcast station, FM translator
or FM broadcast booster, TV translator or TV broadcast booster, or low
power TV station will expire as a matter of law upon failure to
transmit broadcast signals for any consecutive 12-month period
notwithstanding any provision, term, or condition of the license to the
contrary. Further, if the license of any AM, FM, or TV broadcasting
station licensed under part 73 of this chapter expires for failure to
transmit signals for any consecutive 12-month period, the licensee's
authorizations under part 74, subparts D, E, F, and H in connection
with the operation of that AM, FM, or TV broadcasting station will also
expire notwithstanding any provision, term, or condition to the
contrary.
* * * * *
12. Section 74.112 is amended by revising paragraph (e) to read as
follows:
Sec. 74.112 Supplementary statement with application for construction
permit.
* * * * *
(e) That any authorization issued pursuant to the application may
be cancelled at any time without notice or hearing, and will expire as
a matter of law if the station fails to transmit broadcast signals for
any consecutive 12-month period, notwithstanding any provision, term,
or condition of the license to the contrary.
* * * * *
[[Page 28768]]
13. Section 74.763 is amended by revising paragraph (c) to read as
follows:
Sec. 74.763 Time of operation.
* * * * *
(c) Failure of a low power TV, TV translator, or TV booster station
to operate for a period of 30 days or more, except for causes beyond
the control of the licensee, shall be deemed evidence of
discontinuation of operation and the license of the station may be
cancelled at the discretion of the FCC. Furthermore, the station's
license will expire as a matter of law, without regard to any causes
beyond control of the licensee, if the station fails to transmit
broadcast signals for any consecutive 12-month period, notwithstanding
any provision, term, or condition of the license to the contrary.
* * * * *
14. Section 74.1263 is amended by revising paragraph (e) to read as
follows:
Sec. 74.1263 Time of operation.
* * * * *
(e) Failure of an FM translator or booster station to operate for a
period of 30 or more consecutive days, except for causes beyond the
control of the licensee or authorized pursuant to paragraph (c) of this
section, shall be deemed evidence of discontinuation of operation and
the license of the station may be cancelled at the discretion of the
Commission. Furthermore, the station's license will expire as a matter
of law, without regard to any causes beyond control of the licensee or
to any authorization pursuant to paragraph (c) of this section, if the
station fails to transmit broadcast signals for any consecutive 12-
month period, notwithstanding any provision, term, or condition of the
license to the contrary.
[FR Doc. 96-14239 Filed 6-05-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-14203 Veterans Education: Course Measurement for Graduate Courses
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14203]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH39
Veterans Education: Course Measurement for Graduate Courses
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document adopts as a final rule amendments to the
``Administration of educational benefits'' regulations which provide
that all undergraduate courses taken by graduate students are to be
measured by the graduate school (full time, half time, quarter time,
etc.) or by the formula used for measuring undergraduate courses for
undergraduate students, whichever results in a higher monthly rate for
the veteran. Students receive benefits based on the assessment of their
training time (full time, half time, quarter time, etc.). Graduate
schools, often with unique programs, have the most expertise for
assessing the training status for their own programs. Also, they
realistically report the training status of graduate students. Even so,
we do not believe that graduate students should be paid a lower monthly
rate than undergraduate students for the same training. Hence, the
adoption of this change streamlines the process while yielding
equitable results.
EFFECTIVE DATE: June 6, 1996.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration (202) 273-7187.
SUPPLEMENTARY INFORMATION: On February 12, 1996, the Department of
Veterans Affairs (VA) published in the Federal Register (61 FR 5357) a
proposed rule to provide a method of measuring a graduate student's
enrollment when he or she enrolls in one or more graduate courses and
one or more undergraduate courses. The public was given 60 days to
submit comments. VA received two comments, one from an official of a
large State university and one from the president of an association of
officials who certify students' enrollments to VA. Both urged that the
proposal be adopted.
Accordingly, based on the rationale set forth in the proposed rule
document, we are adopting the provisions of the proposed rule as a
final rule. This final rule also affirms the information in the
proposed rule document concerning the Regulatory Flexibility Act.
The Catalog of Federal Domestic Assistance numbers for the programs
affected by this final rule are 64.117, 64.120, and 64.124.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflict of interests, Defense
Department, Education, Employment, Grant programs-education, Grant
programs-veterans, Loan programs-education, Loan programs-veterans,
Manpower training programs, Reporting and recordkeeping requirements,
Schools, Veterans, Vocational education, Vocational rehabilitation.
Approved: May 22, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 21 is amended
as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart D--Administration of Educational Assistance Programs
1. The authority citation for part 21, subpart D continues to read
as follows:
Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), chs. 30, 32,
34, 35, 36, unless otherwise noted.
2. In Sec. 21.4273, paragraph (a)(2) is amended by removing
``assessed'' and adding, in its place, ``measured''; and paragraph (c)
is revised and its authority citation is added to read as follows:
Sec. 21.4273 Collegiate graduate.
* * * * *
(c) Undergraduate or combination. If a graduate student is enrolled
in both graduate and undergraduate courses concurrently, or solely in
undergraduate courses, VA will measure such an enrollment using the
provisions of Sec. 21.4272 or the graduate school's assessment of
training time, whichever will result in a higher monthly rate for the
veteran.
(Authority: 38 U.S.C. 3668(b); Pub. L. 102-568)
[FR Doc. 96-14203 Filed 6-5-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-14201 Veterans Education: Increased Allowances for the Educational Assistance Test Program
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28753-28755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14201]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AH78
Veterans Education: Increased Allowances for the Educational
Assistance Test Program
AGENCY: Department of Defense and Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The law provides that rates of subsistence allowance and
educational assistance payable under the Educational Assistance Test
Program shall be adjusted annually by the Secretary of Defense based
upon the average actual cost of attendance at public institutions of
higher education in the twelve-month period since the
[[Page 28754]]
rates were last adjusted. After consultation with the Department of
Education, the Department of Defense has concluded that the rates for
the 1995-96 academic year should be increased by 6% over the rates
payable for the 1994-95 academic year. The regulations dealing with
these rates are amended accordingly.
EFFECTIVE DATE: June 6, 1996.
FOR FURTHER INFORMATION CONTACT: June C. Schaeffer, Assistant Director
for Policy and Program Administration, Education Service, Veterans
Benefits Administration, 202-273-7187.
SUPPLEMENTARY INFORMATION: The law (10 U.S.C. 2145) provides that the
Secretary of Defense shall adjust the amount of educational assistance
which may be provided in any academic year under the Educational
Assistance Test Program, and the amount of subsistence allowance
authorized under that program. The adjustment is to be based upon the
twelve-month increase in the average actual cost of attendance at
public institutions of higher education. As required by law, the
Department of Defense has consulted with the Department of Education.
The Department of Defense has concluded that these costs increased by
6% in the 1994-95 academic year. Accordingly, this revision changes 38
CFR 21.5820 and 21.5822 to reflect a 6% increase in the rates payable
in the 1995-96 academic year.
Administrative Procedure Act
Pursuant to 5 U.S.C. 553 there is good cause for finding that
notice and public procedure are impractical, unnecessary, and contrary
to the public interest and there is good cause for dispensing with a 30
day delay of the effective date. The rates of subsistence allowance and
educational assistance payable under the Educational Assistance Test
program are determined based on a statutory formula and, in essence,
the calculation of rates merely constitutes a non-discretionary
ministerial act.
The Secretary of Veterans Affairs and the Secretary of Defense have
certified that these amended regulations, if promulgated, will not have
a significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. Pursuant to 5 U.S.C. 605(b), the amended regulations, therefore,
are exempt from the initial and final regulatory flexibility analyses
requirements of sections 603 and 604.
This certification can be made because the amended regulations
directly affect only individuals. They will have no significant
economic impact on small entities, i.e., small businesses, small
private and nonprofit organizations and small governmental
jurisdictions.
There is no Catalog of Federal Domestic Assistance number for the
program affected by these regulations.
List of Subjects in 38 CFR Part 21
Civil rights, Claims, Education, Grant programs-education, Loan
programs-education, Reporting and record keeping requirements, Schools,
Veterans, Vocational education, Vocational rehabilitation.
Approved: April 29, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
Approved: May 30, 1996.
Samuel E. Ebbesen,
Lieutenant General, USA, Deputy Assistant Secretary, (Military
Personnel Policy) Department of Defense.
For the reasons set out in the preamble, 38 CFR part 21, subpart H
is amended as set forth below.
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart H--Educational Assistance Test Program
1. The authority citation for part 21, subpart H continues to read
as follows:
Authority: 10 U.S.C. ch. 107, Pub. L. 96-342.
2. In Sec. 21.5820, paragraph (b) is revised, to read as follows:
Sec. 21.5820 Educational assistance.
* * * * *
(b) Amount of educational assistance. (1) The amount of educational
assistance shall be adjusted annually by regulation. For the 1995-96
standard academic year the amount of this assistance may not exceed
$2,761.
(2) The amount of educational assistance payable to a
servicemember, veteran, spouse or dependent child of a living
servicemember or veteran for an enrollment period shall be the lesser
of the following:
(i) The total charges for educational expenses the eligible
individual incurs during the enrollment period, or
(ii) For the 1995-96 standard academic year an amount determined
by:
(A) Multiplying the number of whole months in the enrollment period
by $306.78 for a full-time student or by $153.39 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$10.23 for a full-time student or by $5.11 for a part-time student; and
(C) Adding the two results. If the enrollment period is as long or
longer than a standard academic year, this amount will be decreased by
2 cents for a full-time student and decreased by 1 cents for a part-
time student.
(3) The amount of educational assistance payable to each surviving
spouse or dependent child of a deceased servicemember or veteran for an
enrollment period shall be the lesser of the following:
(i) The total charges for educational expenses the eligible
individual incurs during the enrollment period, or
(ii) For the 1995-96 standard academic year an amount determined
by:
(A) Multiplying the number of whole months in the enrollment period
by $306.78 for a full-time student or by $153.39 for a part-time
student;
(B) Multiplying any additional days in the enrollment period by
$10.23 for a full-time student or by $5.11 for a part-time student; and
(C) Adding the two results. If the enrollment period is as long or
longer than a standard academic year, this amount will be decreased by
2 cents for a full-time student and decreased by 1 cents for a part-
time student; and
(D) Dividing the amount determined in paragraph (b)(3)(ii)(C) of
this section by the number of the deceased veteran's dependents
receiving educational assistance for that enrollment period. If one or
more dependents is receiving educational assistance for part of the
enrollment period, the amount calculated in paragraph (b)(3)(ii)(C)
will be prorated on a daily basis. The amount for each day when more
than one dependent is receiving educational assistance will be divided
by the number of dependents receiving educational assistance on that
day. The total amount for the days when only one dependent is receiving
educational assistance will not be divided.
* * * * *
3. In Sec. 21.5822, paragraphs (b)(1)(i), (b)(1)(ii), (b)(2)(i),
and (b)(2)(ii) are revised, to read as follows:
Sec. 21.5822 Subsistence allowance.
* * * * *
(b) Amount of subsistence allowance. (1) * * *
(i) If a person is pursuing a course of instruction on a full-time
basis, his or her subsistence allowance is $688 per month for training
pursued during the 1995-96 academic year,
(ii) If a person is pursuing a course of instruction on other than
a full-time basis, his or her subsistence allowance
[[Page 28755]]
is $344 per month for training pursued during the 1995-96 academic
year,
* * * * *
(2) * * *
(i) VA shall determine the monthly rate of subsistence allowance
payable to a person for a day during which he or she is pursuing a
course of instruction full-time during the 1995-96 academic year by
dividing $688 per month by the number of the deceased veteran's
dependents pursuing a course of instruction on that day:
(ii) VA shall determine the monthly rate of subsistence allowance
payable to a person for a day during which he or she is pursuing a
course of instruction on other than a full-time basis during the 1995-
96 academic year by dividing $344 per month by the number of the
deceased veteran's dependents pursuing a course of instruction on that
day;
* * * * *
[FR Doc. 96-14201 Filed 6-5-96; 8:45 am]
BILLING CODE 8320-01-P
Complete official Federal Register PDF
FR Doc. 96-14174 Airworthiness Directives; The New Piper Aircraft, Inc. (formerly Piper Aircraft Corporation) Models PA31, PA31-300, PA31-325, and PA31- 350 Airplanes
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28732-28733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14174]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 90-CE-60-AD; Amendment 39-9654; AD 96-12-12]
RIN 2120-AA64
Airworthiness Directives; The New Piper Aircraft, Inc. (formerly
Piper Aircraft Corporation) Models PA31, PA31-300, PA31-325, and PA31-
350 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule
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SUMMARY: This amendment supersedes Airworthiness Directive (AD) 80-22-
04, which currently requires the following on The New Piper Aircraft,
Inc. (Piper) Models PA31, PA31-300, PA31-325, and PA31-350 airplanes:
repetitively inspecting the upper section of Fuselage Station (FS)
317.75 bulkhead for cracks, and incorporating a certain reinforcement
kit if any crack is found. This action requires inspecting (one-time)
the upper section of the FS 317.75 bulkhead for cracks, and
incorporating one of two reinforcement kits depending on whether cracks
are found in the FS 317.75 bulkhead area. Cracks found on airplanes in
compliance with the inspection requirements of AD 80-22-04 and the
Federal Aviation Administration's policy on aging commuter-class
aircraft prompted this action. The actions specified in this AD are
intended to prevent structural failure of the vertical fin forward spar
caused by cracks in the FS 317.75 bulkhead, which, if not detected and
corrected, could result in loss of control of the airplane.
DATES: Effective July 16, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 16, 1996.
ADDRESSES: Service information that applies to this AD may be obtained
from The New Piper Aircraft, Inc., Customer Services, 2926 Piper Drive,
Vero Beach, Florida 32960. This information may also be examined at the
Federal Aviation Administration (FAA), Central Region, Office of the
Assistant Chief Counsel, Attention: Rules Docket 90-CE-60-AD, Room
1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Christina Marsh, Aerospace Engineer,
FAA, Atlanta Aircraft Certification Office, Campus Building, 1701
Columbia Avenue, suite 2-160, College Park, Georgia 30337-2748;
telephone (404) 305-7362; facsimile (404) 305-7348.
SUPPLEMENTARY INFORMATION:
Events Leading to the AD
A proposal to amend part 39 of the Federal Aviation Regulations (14
CFR part 39) to include an AD that would apply to Piper Models PA31,
PA31-300, PA31- 325, and PA31-350 airplanes was published in the
Federal Register on January 31, 1996 (61 FR 3338). The action proposed
to supersede AD 80-22-04 with a new AD that would require inspecting
(one-time) the upper section of the FS 317.75 bulkhead for cracks in
accordance with Piper Service Bulletin No. 636A, dated August 26, 1980,
and accomplishing one of the following, as applicable:
--If any crack is found, incorporating Piper Kit 764-028 in accordance
with the instructions to that kit, revised June 18, 1990; or
--If no crack is found, incorporating Piper Kit 763-917 in accordance
with the instructions to that kit, revised June 18, 1990.
Cracks found on airplanes in compliance with the inspection
requirements of AD 80-22-04 prompted the proposal.
Interested persons have been afforded an opportunity to participate
in the making of this amendment. No comments were received on the
[[Page 28733]]
proposed rule or the FAA's determination of the cost to the public.
After careful review of all available information related to the
subject presented above, the FAA has determined that air safety and the
public interest require the adoption of the rule as proposed except for
minor editorial corrections. The FAA has determined that these minor
corrections will not change the meaning of the AD and will not add any
additional burden upon the public than was already proposed.
Cost Impact
The FAA estimates that 2,810 airplanes in the U.S. registry will be
affected by this AD, that it will take approximately 12 workhours
(average of 8 workhours for Kit 763-917 and 16 workhours for Kit 764-
028) per airplane to accomplish the required installation, and that the
average labor rate is approximately $60 an hour. Parts cost
approximately $300 per airplane. Based on these figures, the total cost
impact of this AD on U.S. operators is estimated to be $2,866,200 or
$1,020 per airplane. This figure is based on the assumption that no
affected airplane owner/operator has accomplished the required
installation.
Piper has informed the FAA that bulkhead reinforcement kits have
been distributed to equip at least 15 of the affected airplanes.
Assuming that each of the kits has been incorporated on an affected
airplane, the cost impact of this AD upon U.S. owners/operators of the
affected airplanes will be reduced by $15,300 from $2,866,200 to
$2,850,900.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A copy of the final evaluation prepared for this
action is contained in the Rules Docket. A copy of it may be obtained
by contacting the Rules Docket at the location provided under the
caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by removing Airworthiness Directive
(AD) 80-22-04, Amendment 39-3943, and by adding a new AD to read as
follows:
96-12-12 The New Piper Aircraft, Inc. (formerly Piper Aircraft
Corporation): Amendment 39-9654; Docket No. 90-CE-60-AD. Supersedes
AD 80-22-04, Amendment 39-3943.
Applicability: The following model and serial number airplanes,
certificated in any category, that do not have either Piper Kit 764-
028 or Piper Kit 763-917 incorporated at the Fuselage Station (FS)
317.75 bulkhead area:
------------------------------------------------------------------------
Models Serial Nos.
------------------------------------------------------------------------
PA31, PA31-300, and PA31-325.............. 31-2 through 31-7912039.
PA31-350.................................. 31-5001 through 31-7952071.
------------------------------------------------------------------------
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 within the next 100 hours time-in-service
after the effective date of this AD, unless already accomplished.
To prevent structural failure of the vertical fin forward spar
caused by cracks in the FS 317.75 bulkhead, which, if not detected
and corrected, could result in loss of control of the airplane,
accomplish the following:
(a) Inspect the upper section of the FS 317.75 bulkhead for
cracks in accordance with the INSTRUCTIONS section of Piper Service
Bulletin No. 636A, dated August 26, 1980.
(1) If any crack is found, prior to further flight, incorporate
Piper Kit 764-028 in accordance with the instructions included with
that kit, revised June 18, 1990.
(2) If no crack is found, prior to further flight, incorporate
Piper Kit 763-917 in accordance with the instructions included with
that kit, revised June 18, 1980.
(b) 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.
(c) An alternative method of compliance or adjustment of the
compliance time that provides an equivalent level of safety may be
approved by the Manager, Atlanta Aircraft Certification Office
(ACO), Campus Building, 1701 Columbia Avenue, suite 2-160, College
Park, Georgia 30337-2748. The request shall be forwarded through an
appropriate FAA Maintenance Inspector, who may add comments and then
send it to the Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Note 3: Alternative methods of compliance approved in accordance
with AD 80-22-04 (superseded by this action) are not considered
approved as alternative methods of compliance with this AD.
(d) The inspection required by this AD shall be done in
accordance with Piper Service Bulletin No. 636A, dated August 26,
1980. The installation required by this AD shall be done in
accordance with the instructions to Piper Kit 764-028, revised June
18, 1990, or Piper Kit 763-917, revised June 18, 1990, 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 The New Piper
Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida 32960. Copies
may be inspected at the FAA, Central Region, Office of the Assistant
Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri,
or at the Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
(e) This amendment (39-9654) supersedes AD 80-22-04, Amendment
39-3943.
(f) This amendment (39-9654) becomes effective on July 16, 1996.
Issued in Kansas City, Missouri, on May 30, 1996.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14174 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14148 Pacific Coast Groundfish Fishery; Whiting At-Sea Processing
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14148]
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DEPARTMENT OF COMMERCE
50 CFR Part 663
[Docket No. 951227306-6117-02; I.D. 053096A]
Pacific Coast Groundfish Fishery; Whiting At-Sea Processing
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishing restrictions.
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SUMMARY: NMFS announces the prohibition of further processing at sea of
Pacific whiting at 1200 hours (local time) on June 1, 1996, based on
its projection that 60 percent (118,200 metric tons (mt)) of the 1996
commercial harvest guideline for Pacific whiting will have been
harvested by that time. This action is authorized by the Pacific Coast
Groundfish Fishery Management Plan and is necessary to provide adequate
amounts of whiting for shoreside processors and to achieve the
allocations adopted for 1996.
EFFECTIVE DATE: May 31, 1996, through 2400 hours (local time) May 14,
1997.
ADDRESSES: Submit comments to William Stelle, Jr., Director, Northwest
Region, National Marine Fisheries Service, 7600 Sand Point Way NE.,
BIN-C15700, Seattle, WA 98115-0070.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140.
SUPPLEMENTARY INFORMATION: On April 13, 1994, NMFS issued regulations
(59 FR 17491) to allocate annually the U.S. Pacific whiting harvest
guideline in the years 1994 through 1996 between fishing vessels that
either catch and process at sea or catch and deliver to at-sea
processors (the at-sea sector) and fishing vessels that catch and
deliver to processors located on shore (the shore-based sector). In
each year, after 60 percent of the annual harvest guideline (or quota)
for Pacific whiting has been or is projected to be taken, further at-
sea processing of Pacific whiting in the exclusive economic zone is
prohibited. This provision was modified in 1996 by a rule that
established a framework to implement the Washington coastal Indian
tribes' treaty rights to harvest Pacific groundfish. That rule also
allocated 15,000 mt of whiting to the Makah Indian Tribe for 1996. The
tribal allocation is subtracted from the harvest guideline to derive
the ``commercial harvest guideline.'' When 60 percent of the commercial
harvest guideline is projected to be taken (by both at-sea and shore-
based sectors), at-sea processing of whiting is prohibited. The
remaining 40 percent of the commercial harvest guideline is reserved
initially for harvest by vessels delivering to shore-based processors.
The regulations require that the Assistant Administrator for Fisheries,
NOAA, announce in the Federal Register when 60 percent of the
commercial harvest guideline has been, or is about to be, harvested,
specifying a time after which further at-sea processing of Pacific
whiting in the fishery management area is prohibited.
The most recent catch data available on May 31, 1996, indicate that
approximately 96,000 mt of Pacific whiting have been harvested through
May 28, 1996, and 60 percent (118,200 mt) of the 197,000-mt commercial
harvest guideline for Pacific whiting is projected to be reached by
1200 hours (local time) on June 1, 1996.
Secretarial Action
For the reasons given above, and in accordance with 50 CFR
663.23(b)(4)(i) and (iv), after 1200 hours (local time) on June 1,
1996, at-sea processing of Pacific whiting is prohibited (except for
Pacific whiting that was on board the processing vessel prior to that
time), and the taking and retaining, or receiving (except as cargo) of
Pacific whiting by a vessel in the fishery management area with
processed whiting on board is prohibited. Any vessel used to fish for
whiting for processing at sea must have its trawl doors on board and
attached to the trawl (50 CFR 663.7(o)).
Classification
The determination that 60 percent of the commercial harvest
guideline is about to be harvested is based on the most recent data
available. The aggregate data upon which the determination is based are
available for public inspection at the Office of the Director,
Northwest Region (see ADDRESSES) during business hours. This action is
taken under the authority of 50 CFR 663.23 (b)(4)(i), and is exempt
from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 31, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 96-14148 Filed 5-31-96; 3:49 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-14141 Pacific Coast Groundfish Fishery; Framework for Treaty Tribe Harvest of Pacific Groundfish and 1996 Makah Whiting Allocation
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28786-28796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14141]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 663
[Docket No. 960304057-6151-02; I.D. 020596A]
RIN 0648-AH84
Pacific Coast Groundfish Fishery; Framework for Treaty Tribe
Harvest of Pacific Groundfish and 1996 Makah Whiting Allocation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is establishing a framework to implement the Washington
coastal treaty Indian tribes' rights to harvest Pacific groundfish.
NMFS also announces the allocation of 15,000 metric tons (mt) of
Pacific whiting to the Makah Indian Tribe (Makah) for 1996 only, under
the provisions of the regulatory framework.
EFFECTIVE DATE: May 31, 1996.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) may be
obtained from the Director, Northwest Region, NMFS, 7600 Sand Point Way
NE., BIN C15700, Seattle, WA 98115.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6140.
SUPPLEMENTARY INFORMATION: NMFS is issuing this rule under the
authority of the Pacific Coast Groundfish Fishery Management Plan (FMP)
and the Magnuson Fishery Conservation and Management Act (Magnuson
Act). It amends the FMP's implementing regulations to establish a clear
procedure to accommodate the Washington coastal treaty Indian tribes'
rights to harvest Pacific groundfish. At the same time, NMFS is
modifying the groundfish regulations to consolidate regulations on
treaty Indian fishing into one section and to provide for the treaty
trawl harvest of midwater groundfish species. Under the provisions of
this rule, NMFS announces the allocation of 15,000 mt of Pacific
whiting to the Makah for 1996. For purposes of this rule, Washington
coastal treaty Indian tribes means the Hoh, Makah, and Quileute Indian
Tribes and the Quinault Indian Nation.
This rule is implemented under authority of section 305(d) of the
Magnuson Act, which gives NMFS,
[[Page 28787]]
acting on behalf of the Secretary of Commerce (Secretary),
responsibility to ``carry out any fishery management plan or amendment
approved or prepared by him, in accordance with the provisions of this
Act.'' With this rule, NMFS will ensure that the Pacific coast
groundfish FMP is implemented in a manner consistent with treaty rights
of the four Washington coastal treaty tribes to fish in their ``usual
and accustomed grounds and stations'' in common with non-tribal
citizens. United States v. Washington, 384 F. Supp. 312 (W.D. Wash.,
1974).
NMFS published a proposed rule at (61 FR 10303, March 13, 1996),
requesting comments through April 12, 1996. NMFS received 17 comments
on the proposed rule, which are responded to below. The background and
rationale for this rule appear in the proposed rule and the EA/RIR/IRFA
prepared for this action (see ADDRESSES).
Description of the Rule
Under the framework established by this rule, NMFS will be able to
accommodate the rights of the treaty tribes to fish for groundfish in
their ocean fishing grounds by setting aside appropriate amounts of
fish through the FMP's framework process for setting annual harvest
specifications or by means of specific regulations. The framework
process will be initiated by a request to NMFS from one or more
Washington coastal treaty Indian tribes prior to the first of the two
annual groundfish meetings of the Pacific Fishery Management Council
(Council). NMFS will consider the tribal requests, recommendations from
the Council, and comments of the public, and will determine the amount
of the set-aside for each species and/or appropriate regulatory
language. NMFS will generally announce the tribal set asides in the
Federal Register when the annual harvest and allocation specifications
for the groundfish fishery are announced. Tribal groundfish set-asides
will be managed by the tribes under their regulations.
This rule also describes the physical boundaries of the usual and
accustomed fishing grounds (U&A) for the Washington Coastal treaty
Indian tribes. These areas are the same as those set out in NMFS
regulations for salmon since 1987 and for Pacific halibut since 1986.
The boundaries may be changed by future decisions of a Federal court.
Participation in a tribal fishery for Pacific Coast groundfish
authorized under these regulations will not require a Federal limited
entry permit. However, fishing by members of a Washington coastal
treaty Indian tribe outside the tribe's U&A grounds or for a species
not covered by a set-aside or regulation under this rule will be
subject to the same regulations as other, non-treaty persons
participating in the fishery.
Harvests from tribal fisheries under this regulation will not be
subject to, or alter rules concerning, harvesting or processing
apportionments in the non-treaty fisheries; the whiting allocation
regulations at Sec. 663.23(b)(4) are modified to clarify this. This
rule also allows release to the non-treaty fishery of whiting set aside
for the tribes that the tribes will not use.
This rule also re-codifies regulations governing tribal harvest of
black rockfish into Sec. 663.23 in order to consolidate all tribal
regulations into one section. In addition, the harvest guideline is
changed from a harvest guideline for all rockfish to one for black
rockfish for the reason explained in the proposed rule. When the
current tribal rockfish regulation was adopted, the only tribal fishery
that harvested rockfish was the hook-and-line fishery. This rule
modifies the current regulation to clarify that the harvest guideline
only applies to the hook-and-line fishery. Makah tribal members may use
midwater trawl gear to take and retain groundfish for which there is no
tribal allocation, and will be subject to the trip landing and
frequency and size limits applicable to the limited entry fishery.
Allocation of Pacific Whiting to the Makah
In June of 1995, the Makah informed NMFS and the Council that the
Tribe intends to exercise its treaty rights to harvest Pacific whiting,
Merluccius productus. At the August 1995 Council meeting, the Makah
requested that 25,000 mt of whiting be set aside from the 1996 U.S.
harvest guideline for exclusive harvest by the Makah. The Council voted
7-4 to recommend that NMFS not recognize that the Washington coastal
treaty tribes have treaty rights to Pacific whiting, and not set aside
any whiting for harvest by the Makah in 1996.
NMFS cannot accept the Council's recommendation because it is
contrary to treaty fishing rights law as construed by the Federal
courts. Consequently, NMFS published a proposed rule to accommodate the
tribal right to harvest groundfish, and sought public comment on the
amount of whiting that should be set aside for exclusive harvest by the
Makah in 1996.
NMFS and the Makah continue to disagree on the appropriate
quantification of the Makah treaty right to Pacific whiting. The basis
for this disagreement is explained in the proposed rule at 61 FR 10305
(March 13, 1996).
At the October 1995 Council meeting, the Makah proposed a
quantification of their treaty entitlement that would have given the
Makah 25 percent of the U.S. harvest guideline. Based on a 1996 U.S.
harvest guideline of 212,000 mt, the Makah proposal would have resulted
in an allocation to the Makah of 53,000 mt in 1996. NMFS has proposed a
biomass-based quantification of the Makah treaty entitlement that is
linked to the Makah U&A and adjusted according to the conservation
necessity principle. The NMFS proposal would have allocated 6.5 percent
of the U.S. harvest guideline to the Makah in 1996, or 13,800 mt.
During discussions between NMFS and the Makah, the Makah advanced a
compromise 1-year interim allocation of 15,000 mt. The proposed 15,000-
mt allocation did not reflect either the NMFS or the Makah view of the
amount of whiting to which the Makah are entitled under the Treaty. It
represented a compromise proposal by the Makah that reflected the
minimum amount of whiting necessary to initiate a fishery in 1996 by
the Tribe.
In view of continuing differences between the Makah and NMFS
regarding the appropriate quantification of the Makah treaty
entitlement, and in recognition of the unresolved legal and technical
difficulties in quantifying the treaty right to Pacific whiting, NMFS
has decided to implement the proposed compromise and allocate 15,000 mt
to the Makah for 1996 only. Based on the U.S. harvest guideline of
212,000 mt, the allocation of 15,000 mt to the Makah is slightly
greater than the 13,800 mt that would have been allocated under the
NMFS proposal and much less than the amount originally proposed by the
Makah. NMFS believes that the 1-year compromise proposal gives NMFS and
the Makah additional time to determine an appropriate quantification of
the Makah treaty entitlement. To that end, the Makah have initiated a
subproceeding in United States v. Washington (subproceeding 96-2)
intended to resolve whether the Makah have a treaty right to whiting
and the quantification of that right. The 15,000-mt compromise applies
to the 1996 fishing year only and is not intended to set a precedent
regarding either quantification of the Makah's treaty entitlement or
future allocations.
The Makah also plan to harvest midwater species other than whiting,
using trawl gear. Rather than attempt to quantify its treaty
entitlement to these species at this early point in the process,
[[Page 28788]]
the Tribe has agreed that its vessels will trawl for these other
midwater species in conformance with trip limits established for the
limited entry fishery. NMFS agrees that this is a reasonable
accommodation of the treaty right, particularly in view of the data
limitations and the uncertainty in quantifying treaty rights.
Response to Comments
NMFS received 17 comments on the proposed rule from: The States of
Washington and Oregon; three Washington coastal treaty tribes; and
members of the non-Indian fishing and processing community who
currently fully utilize the U.S. harvest guideline. Many comments
addressed two major issues: (1) Whether the Washington coastal treaty
tribes have a treaty entitlement to Pacific groundfish, particularly
Pacific whiting; and (2) the appropriate quantification of the treaty
right. NMFS received other comments regarding the impacts on non-Indian
fishers, processors, coastal communities, the whiting resource, and
bycatch, particularly chinook salmon listed under the Endangered
Species Act (ESA); NMFS' description of tribal U&A; the implementation
process; and the framework.
Treaty Entitlement
Many commenters asserted that the tribes do not have a treaty right
to whiting, because they did not harvest whiting at the time the
Stevens treaties were signed. NMFS disagrees with this statement. The
treaties themselves refer to the right of taking fish, without any
species limitation. As explained in the proposed rule, in the shellfish
subproceeding (89-3) in United States v. Washington, 873 F. Supp. 1422
(W.D. Wash., 1994) (appeals pending), the court found that the right to
take fish that was reserved in the treaties must be read to cover fish
without any species limitation. The court found:
The fact that some species were not taken before treaty time--
either because they were inaccessible or the Indians chose not to
take them--does not mean that their right to take such fish was
limited * * * Because the ``right of taking fish'' must be read as a
reservation of the Indians' pre-existing rights, and because the
right to take any species, without limit, pre-existed the Stevens
Treaties, the Court must read the ``right of taking fish'' without
any species limitation. [emphasis in original] Id. at 1430
Commenters argue that this case is on appeal and dealt with
shellfish, not groundfish; therefore it is inappropriate for this
ruling to be applied to whiting. The decision has not been stayed
pending appeal. As such, NMFS has no choice but to apply the law
consistent with interpretations by the District Court.
In addition, the Makah have submitted evidence supporting the
conclusion that the Makah did harvest whiting at treaty time. Dr.
Barbara Lane, an anthropologist and expert witness in United States v.
Washington, states that ``a lack of documentation in the published
literature is of no help in assessing whether or not the Makah fished
M. productus at treaty times.'' She goes on to say:
The best that can be done is to interpolate from archeological
evidence, the available ethnographic record, linguistic knowledge,
oral history, and ethnology. Based upon these sources, which
comprise the best available evidence, it is my opinion that if M.
productus was accessible to Makah fishermen at treaty time, this
species would have been utilized.
Letter from Barbara Lane to Marc D. Slonim (legal counsel for the
Makah tribe), February 29, 1996.
Dr. Gary Wessen (Wessen & Associates, Archeological Services), in
comments submitted by the Makah, reviewed some of the available
archeological evidence and concluded:
Use of this fish [M. productus] probably extends over much of
the region and has been occurring for a considerable period of time.
Within the context of this regional pattern, the case for Makah use
of hake/whiting is quite good. At least one site in Makah territory
contains the bones of this fish, as do other sites which represent
close relatives of the Makah.
Letter from Gary C. Wessen, Ph.D. to Marc D. Slonim, November 24,
1995.
Several commenters argued that the Makah must follow the procedure
set out by Judge Boldt in one of his early decisions at 459 F. Supp.
1020, 1037-38, where the court said prior to exercising off-reservation
fishing rights to non-anadromous fish and shellfish, a tribe shall
present prima facie evidence of such right, ``pending final
determination of tribal treaty-right entitlement to non-anadromous fish
and shellfish.'' NMFS believes that this does not apply to the whiting
fishery. First, as explained above, the United States v. Washington
court has already ruled that tribes have treaty rights to all fish
available in their U&A; thus the treaty-right entitlement has been
determined. Second, in the halibut subproceeding in United States v.
Washington, when Judge Rothstein determined that the tribes have treaty
rights to halibut, she did not order NMFS to start accommodating the
treaty right because she had previously judicially determined they had
a right. Rather, she found that the Makah treaty right had been
violated in past regulatory schemes. The necessary implication of this
finding is that the treaty right should have been accommodated prior to
her judicial determination. Makah Indian Tribe v. Brown, No. C85-1606R,
and United States v. Washington, Civil No. 9213--Phase I, Subproceeding
No. 92-1 (W.D. Wash., Order on Five Motions Relating to treaty Halibut
Fishing, Dec. 29, 1993). Third, the judicial procedure was set up in
the early days of the treaty fishing rights litigation, in relation to
fishing within the jurisdiction of the State of Washington (which did
not recognize the fishing rights in question) in order to ensure an
orderly implementation of new fisheries. The whiting fishery is
primarily under the jurisdiction of NMFS, which recognizes the treaty
right and which is working with the tribe to implement an orderly
fishery. Thus, the United States v. Washington procedure is not
required for Federally regulated fisheries to the extent that there is
no disagreement between the tribes and the Federal government. The
administrative procedures set up by this rule should ensure the orderly
implementation of new treaty fisheries without the need to resort to
the courts except in unusual circumstances.
Four commenters agreed with NMFS that the Makah have a treaty right
to harvest whiting.
Moderate Living
One commenter argued that the total treaty right to a ``moderate
living'' has been satisfied; therefore no extension of the tribal
fishery is authorized. The commenter is referring to what has become
known as the ``Moderate Living Standard'', which was set out by the
Supreme Court as follows:
It bears repeating, however, that the 50% figure imposes a
maximum but not a minimum allocation. As in Arizona v. California
and its predecessor cases, the central principle here must be that
the Indian treaty rights to a natural resource that once was
thoroughly and exclusively exploited by the Indians secures so much
as, but no more than, is necessary to provide the Indians with a
livelihood--that is to say, a moderate living. Accordingly, while
the maximum possible allocation to the Indians is fixed at 50
percent [footnote omitted], the minimum is not; the latter will,
upon proper submissions to the District Court, be modified in
response to changing circumstances. If, for example, a tribe should
dwindle to just a few members, or if it should find other sources of
support that lead it to abandon its fisheries, a 45 percent or 50
percent allocation of an entire run that passes through its
customary fishing grounds would be manifestly inappropriate because
the livelihood of the tribe under those
[[Page 28789]]
circumstances could not reasonably require an allotment of a large
number of fish.
State of Washington et al. v. Washington State Commercial Passenger
Fishing Vessel Association, et al. 443 U.S. 658 at 686-687.
The commenter refers to an affidavit of Professor Robert Thomas,
Associate Professor of Economics, University of Washington, that
compares the income of the Makah Tribe and its households with three
definitions of the poverty level. Professor Thomas concludes that the
average Makah household lives above the poverty level, and, therefore,
the Makah Tribe enjoys a livelihood, or a moderate living. A similar
analysis, also prepared by Dr. Thomas, was submitted to, and rejected
by, the court in the shellfish subproceeding.
The Court finds that no persuasive evidence has been presented
to the Court by the State and the intervenors showing that a
substantial change in circumstances has occurred, [fn omitted] so
that the Tribes could maintain a moderate living without the
exercise of their fishing rights, or that the Tribes have
voluntarily abandoned their fisheries. Therefore, the Court declines
to apply the Moderate Living Doctrine to these facts.
873 F.Supp at 1445.
In the shellfish case, the tribes submitted a report by Dr. Phil
Meyer, entitled, ``Analysis of the Material Circumstances of 17
Washington Tribes'', which included information on the Makah tribe. The
court accepted Dr. Meyer's analysis as more appropriate than Dr.
Thomas's, and declined to apply the Moderate Living Doctrine to reduce
the tribes share of fish. Id. at 1446.
The Makah, in their comments, submitted information showing that
the Makah are a geographically isolated community, which lacks
alternative economic opportunities. Unemployment is nearly twice that
of Clallam County (where the Makah reservation is located) and a 1988
survey of 102 Makah households showed that 63 percent considered
fishing to be the main occupation of their household. The Makah
commercial salmon catch has declined by approximately 87 percent for
chinook and coho salmon and 20 percent for chum salmon over the last 5
years. The Makah's gross revenues from all salmon fisheries have
declined by approximately 72 percent over the last 5 years. The Makah
also referred to the ruling in the shellfish subproceeding explained
above.
In conclusion, NMFS does not believe there is sufficient evidence
that the Moderate Living Doctrine requires reduction of the tribal
share of the resource. In any event, that issue must be presented to
the court in United States v. Washington, subproceeding 96-2 for
determination before the treaty share is reduced by application of the
Moderate Living Doctrine.
Equitable Considerations
One commenter argued that Judge Rafeedie's consideration of
equitable factors in the shellfish subproceeding should be taken into
account here. The Stevens treaties guaranteed the tribes the right to
take shellfish, except from beds that have been ``staked or
cultivated.'' In the shellfish subproceeding Judge Rafeedie adopted a
broad definition of ``cultivated'' bed with regard to beds found on
private property. His ruling only applies to the activities of a
private property owner in making his tidelands more productive of
shellfish; in that case the Judge ruled that the tribes cannot reap the
fruits of the grower's labors in farming a particular piece of private
property. In the case of whiting, there are no private property rights
involved. Whiting is a common property resource, just like salmon and
halibut. While the tribes have not harvested whiting in recent years,
that does not defeat their treaty right. Judge Rafeedie in the
shellfish decision explained
The Supreme Court and the Ninth Circuit have consistently held
that time-related defenses such as latches, waiver, estoppel, and
adverse possession are not available to defeat Indian treaty rights.
[citations omitted]
873 F. Supp. 1422 at 1446.
Definition of Tribal U&A
NMFS received comments on the tribes' U&A from the States of
Washington and Oregon, from three coastal tribes, and from two
individuals.
One commenter argued the Makah U&A could not extend beyond 3 miles
(4.83 km), the limit of the territorial sea at the time of the
treaties. The Federal Court, however, specifically found the Makah U&A
extended 40 miles (64.37 km) offshore to the limits of United States
maritime jurisdiction. See United States v. Washington, 626 F. Supp.
1466, 1467 (W.D. Wash., 1982), aff'd 730 F.2d 1314 (9th Cir. 1984).
Under this rule, NMFS recognizes the same U&A areas that have been
implemented in Federal salmon and halibut regulations for a number of
years. The States and the Quileute tribe point out that the western
boundary has only been adjudicated for the Makah tribe. NMFS agrees.
NMFS, however, in establishing ocean management areas, has taken the
adjudicated western boundary for the Makah tribe, and extended it south
as the western boundary for the other three ocean treaty tribes. NMFS
believes this is a reasonable accommodation of the tribal fishing
rights, absent more specific guidance from a court. NMFS regulations,
including this regulation, contain the notation that the boundaries of
the U&A may be revised by order of the court.
The State of Oregon points out that the western boundaries for the
Hoh, Quileute, and Quinault have not been specifically adjudicated. The
State goes on to argue that because Judge Boldt, in another portion of
his opinion, states that the case is limited to adjacent offshore
waters that are within the jurisdiction of the State of Washington, the
U&A cannot extend more than 3 miles (4.83 km) from shore. NMFS
disagrees with this interpretation because, as explained above, the
court has specifically found the Makah U&A extends offshore 40 miles.
Thus, the State's reading of Judge Boldt's language is too
constraining.
The Quinault Nation points out the northern and southern boundaries
of the Quileute Tribe's U&A described in the proposed rule (and
finalized in this rule) are currently at issue in subproceeding No. 96-
1 in United States v. Washington. The tribe does not object to the
description of the U&A contained in this regulation as long as it is
without prejudice to proceedings in United States v. Washington. NMFS
agrees that this rule is without prejudice to the court proceedings. As
stated above, NMFS will modify the boundaries in the regulation
consistent with orders of the Federal Court. NMFS has not taken a
position on the Quileute U&A boundaries in the pending subproceeding.
The Makah Tribe supports the rule, and does not object to the
description of its U&A.
Another commenter argued that the boundaries of the U&A for salmon
and halibut are not necessarily relevant to the Pacific whiting
resource. NMFS disagrees. Judge Rafeedie, in the shellfish
subproceeding (83-6) in United States v. Washington found ``that, as a
matter of treaty interpretation, the Tribes' usual and accustomed
grounds and stations cannot vary with the species of fish.'' 873 F.
Supp. 1422 at 1431 (W.D. Wash., 1994)(appeals pending). The commenter
also doubted whether the tribes usually and customarily utilized their
canoes in fishing operations 20 miles (32.19 km) and beyond the
shorelines. The explanation of the western boundaries is set out above.
Magnuson Act
Two commenters argued that NMFS does not have authority under
section
[[Page 28790]]
305(d) of the Magnuson Act to promulgate this rule. NMFS disagrees. The
Magnuson Act at section 305(d) gives the Secretary general authority to
carry out any fishery management plan in accordance with the provisions
of the Magnuson Act. Section 303(d) requires that any management
measure be consistent with other applicable law. One of the laws
applicable to the groundfish FMP is the treaty right to groundfish.
Fishery management plans and implementing regulations must be
consistent with Indian treaty rights. Washington State Charterboat
Ass'n v. Baldrige, 702 F.2d 820 at 823 (9th Cir. 1983); Hoh Indian
Tribe v. Baldrige, 522 F.Supp. 683 at 685 (W.D. Wash., 1981);
Washington Crab Producers, Inc. v. Mosbacher, 924 F.2d 1438, 1439 (9th
Cir. 1990). The FMP itself acknowledges treaty rights, and
accommodations for treaty rights to sablefish and black rockfish have
been made under existing regulations. However, the FMP's implementing
regulations (codified at 50 CFR part 663) currently lack an explicit
provision requiring accommodation of treaty rights and a specific
process for doing so. NMFS is remedying that deficiency through this
regulation.
Two commenters stated that if there were a treaty right, the
appropriate procedure for implementing the tribal allocation would be a
Secretarial amendment to the FMP. This procedure is available to the
Secretary; however, implementing the tribal groundfish rights does not
require NMFS to amend the FMP. As explained above, the framework
established by the regulation is consistent with the plan, and NMFS has
adequate implementing authority under the Magnuson Act.
One commenter argued that the plan amendment process should have
been utilized, because numerous applicable laws that govern the process
were not complied with here. NMFS disagrees. The other procedural laws
to which NMFS assumes the commenter was referring have been complied
with, as explained below. The same suite of laws applies to a
regulation whether it initially implements a plan or amendment, or
whether it is a regulatory amendment to regulations implementing an
already approved plan; the scope and substance of the rule controls
what laws apply.
One commenter argued that to make an Indian treaty allocation,
Indian treaty fishing rights had to be included in the FMP. The
commenter noted that the FMP does not include provision to allocate
whiting under Indian Treaties, and yet the FMP was adopted and approved
as consistent with the Magnuson Act years ago. In fact, the FMP
addresses treaty fishing rights, although not as concretely and
explicitly as this rule. Section 11.7.6 of the FMP states that some
tribes have a treaty right to fish in areas covered by the FMP, that at
the time the FMP was prepared, the Makah sablefish fishery was the only
active tribal groundfish fishery known by the Council, and that the FMP
may need to be amended in the future to address other fisheries that
may develop. In section 14.1.5 the FMP acknowledges that the treaty
Indian fisheries are not covered by the limited entry program. The FMP
acknowledges treaty fishing rights. The FMP also indicates that it may
need to be amended in the future, but does not require such an
amendment. The rights to both sablefish and black rockfish have been
accommodated under this FMP. As the law has developed in recent years
(see above), it is appropriate to further implement this FMP consistent
with the developing law regarding treaty rights.
Many commenters argued that this rule is inconsistent with National
Standard 4, which requires that conservation and management measures be
fair and equitable, reasonably calculated to promote conservation; and
carried out in such manner that no particular individual, corporation
or other entity acquires an excessive share of such privileges. This
framework and allocation implements a treaty fishing right, which is
not the same as other discretionary allocations the Council and NMFS
might adopt. NMFS has determined this rule is consistent with National
Standard 4, and is required by the treaties with the Northwest tribes,
which are ``other applicable law'' with which management measures must
be consistent.
Other commenters argued that this rule violates other national
standards, because it is not based on the best scientific evidence
available, however, they did not submit information NMFS had not
considered. NMFS has gathered the best scientific information known to
the agency.
This allocation does not discriminate between residents of
different states. While the affected treaty tribes are located in the
State of Washington, the criteria of the allocation is not state
residence, it is treaty tribe status. This is no different than the
longstanding allocation of salmon to the treaty tribes.
One commenter claimed that allocating Pacific groundfish to the
treaty tribes contravenes the Council and the fishing industry's
attempts to reduce overcapitalization in the groundfish industry. NMFS
agrees that the new tribal fishers will increase the groundfish fleet,
especially for whiting. However, as described above, this framework and
allocation implements a treaty fishing right, which is not the same as
other discretionary allocations the Council and NMFS might adopt. NMFS
has determined that this rule is required by the treaties with the
Northwest tribes, which are ``other applicable law'' with which other
management measures must be consistent.
Commenters argued allocating groundfish to treaty tribes in their
U&A is not managing groundfish as a unit throughout its range, and is
in violation of National Standard 3. It does manage throughout its
range because it takes all groundfish into account. Mere allocation in
relationship to a specific area does not violate National Standard 3.
In addition, National Standard 3 says a stock of fish should be managed
throughout its range ``to the extent practicable.'' Since this rule
implements a treaty right, which must be accommodated, that right would
have to be considered in determining whether a management measure is
practicable.
One commenter argued that this rule has economic allocation as its
purpose, in violation of National Standard 5. National Standard 5 only
prohibits management measures that have economic allocation as their
sole purpose. The purpose of this regulation, however, is
implementation of treaty fishing rights.
One commenter argued that the Makah petition for whiting did not
comply with requirements to formally commence Administrative Procedure
Act (APA) rulemaking. While this rule is not in response to a formal
APA petition, it meets the requirements for rulemaking set forth in 5
U.S.C. 553.
Some commenters argued that because the Council voted to deny the
Makah a treaty allocation, NMFS has no authority to overrule the
Council vote. NMFS disagrees with this statement.
The determination of whether the tribes have a treaty right is a
legal determination. NMFS, not the Council, is charged with determining
whether FMPs and management measures comply with other applicable law.
See 16 U.S.C. 1854(a)(1)(B). Indian treaty rights are constitutionally
recognized as the ``supreme law of the land'' and thus are ``other
applicable law.'' NMFS, like all Federal agencies, has an obligation to
ensure that Indian treaty rights are not abrogated or infringed absent
a specific Act of Congress.
One commenter asserted that NMFS had not complied with the
requirements of E.O. 12866 once the Office of
[[Page 28791]]
Management and Budget (OMB) had determined that the proposed regulation
was ``significant'' under that executive order. NMFS disagrees. NMFS
complied with the submission requirements of section 6(a)(3)(B) of E.O
12866 by providing OMB the appropriate documentation for review after
being informed that OMB determined the proposed regulation to be
``significant.''
Tribal Authority
The Quileute Tribe commented:
The proposed rule, while recognizing treaty rights to
groundfish, fails to recognize the sovereign status and co-manager
role of Tribes over shared federal and Tribal resources. Paragraph
(d) gives complete process control to NMFS. The paragraph should be
rephrased to implement a Federal-Tribal consensus process in the
implementation of all treaty allocations or regulations.
NMFS has revised paragraph (d) of Sec. 663.24 by adding two final
sentences as follows:
The Secretary recognizes the sovereign status and co-manager
role of Indian tribes over shared federal and tribal fishery
resources. Accordingly, the Secretary will develop tribal
allocations and regulations under this paragraph in consultation
with the affected tribe(s) and, insofar as possible, with tribal
consensus.
The Quinault Nation commented:
Sec. 663.24(i) of the proposed rule provides that fishing by
members of Washington Coastal Tribes for species not covered by an
allocation or special tribal regulation is subject to the same
regulations as fishing by non-treaty fishers. This provision ignores
the well-established conservation limitation on both federal and
state regulation of treaty hunting and fishing activities. The
government bears the burden of demonstrating that regulations which
it seeks to apply to Indians exercising treaty hunting and fishing
rights are reasonable and necessary for conservation. See, United
States v. Williams, 898 F.2d 727, 729-30 (9th Cir. 1990); United
States v. Sohappy, 770 F.2d 816, 824 (9th Cir. 1985).
NMFS should identify, in consultation with affected tribal
governments, those general regulations applicable to species for
which there is no allocation or special regulation accommodating
tribal rights, whose application to treaty Indians NMFS believes to
be reasonable and necessary for conservation. Blanket application of
general regulations whose application to treaty Indians has not been
demonstrated to be reasonable and necessary for conservation is an
impermissible effort to avoid the limitation on NMFS authority to
regulate treaty Indian fishing and violates the due process rights
of treaty fishers to proper notice of those regulations which NMFS
may lawfully enforce.''
In the situation addressed by the comment (where groundfish species
within a tribe's U&A are not covered by an allocation or regulation
under Sec. 663.24), NMFS believes that application of the Federal
groundfish regulations in 50 CFR part 663 to fishing by tribal members
is reasonable and necessary for conservation.
Under this rule, the four affected Indian tribes may request an
allocation for a new species; then, an appropriate allocation would be
determined and announced in NMFS's annual specifications. Treaty
fisheries for that species are then managed pursuant to tribal
regulations and any additional regulations promulgated by NMFS under
Sec. 663.24. Until a tribe applies for an allocation and implements
tribal regulations, fishing by tribal members would be unregulated
unless it were controlled by the Federal groundfish regulations. In the
absence of applicable tribal or state regulations, the Federal
regulations, which include management measures necessary to keep the
fishery within the harvest guidelines established for the numerous
groundfish species, are reasonable and necessary for conservation. This
rule ensures orderly implementation of new fisheries for which the
exact quantification of the treaty right has not been determined.
Quantification of the Treaty Right
Three commenters agreed with NMFS that the proportion of the
coastwide Pacific whiting biomass found in the Makah U&A is the
appropriate basis for determining the amount of Pacific whiting to
allocate to the Makah. However, several of the same commenters took
issue with NMFS' application of a 1.375 exploitation rate multiplier in
recognition of the conservation necessity principle. Noting that the
1.375 multiplier was based on the observed exploitation rate in the
Eureka International North Pacific Fisheries Commission (INPFC) area in
1989, one commenter argued that the multiplier was incorrect for two
reasons. First, the Eureka area provides only 2 percent of the catch at
a measured 33 percent exploitation rate, whereas the remaining areas
provide 98 percent of the catch at a 24 percent exploitation rate.
Second, the biomass estimates are made in the summer but the Eureka
area fishery occurs in the spring. The biomass estimates show a
relatively low biomass in the Eureka area because whiting have migrated
north after the spring fishery. The commenters assume that the Eureka
area had a higher biomass at the time of the fishery, and, therefore,
the multiplier is overestimated. Another commenter noted that the 1992
and 1995 hydroacoustic biomass surveys have shown that the 1989 and
earlier surveys and biomass estimates missed a substantial offshore
biomass. If earlier surveys are corrected for the missing offshore
biomass, the exploitation rate in the affected areas would be reduced
from what was estimated in 1989.
NMFS agrees that the ``calculation of the exploitation rate by area
in the 1989 and 1992 survey years is less precise because the timing of
the U.S. fishery changed. In 1989, the at-sea fishery was completed in
June, prior to the start of the hydroacoustic survey. The 1989 data
indicate a higher exploitation rate in the Eureka area; however, this
exploitation rate would overestimate the true rate if there were
further northward movement of fish before the survey occurred''
(September 27, 1995, memorandum from Richard Methot to Bill Robinson).
NMFS also agrees that hydroacoustic surveys prior to the 1992 survey
likely missed a substantial biomass offshore of the survey area. The
United States and Canada, pursuant to the negotiation of a U.S.-
Canadian bilateral whiting allocation, have tasked a joint technical
team to develop an offshore expansion factor that can be applied to
survey results between 1977 and 1989 to correct the survey results for
the unsurveyed biomass. Thus, NMFS agrees that the 1.375 multiplier
used by NMFS in its proposed quantification of the Makah whiting
entitlement might later be shown to be too high. NMFS notes, however,
that in 1989, 51 percent of the catch came from the Eureka area, not
the 2 percent claimed by the commenter.
The Makah comments claim that recent ``allocations to shore-based
processing facilities have had the effect of concentrating the harvest
in the vicinity of those facilities,'' presumably resulting in higher
exploitation rates in areas smaller than the Eureka INPFC area. The
Makah comments go on to say that ``NMFS has made no effort to evaluate
the extent to which exploitation rates in areas the size of the Makah
fishing grounds have deviated from the average'' and that this type of
calculation could be used as a basis for a larger expansion factor.
NMFS agrees that it has not developed exploitation rate data for any
specific small areas of the coast, including the Makah U&A. The 1.375
multiplier used by NMFS was calculated using the larger INPFC catch
reporting and stock assessment areas. NMFS agrees that calculations
using smaller areas, if possible, could result in an expansion factor
larger than 1.375. As stated earlier, a major reason that NMFS is
implementing the 15,000-mt compromise for 1996 is to provide additional
time to deal with the extremely complex task of relating the
[[Page 28792]]
biology, migration, and conservation of Pacific whiting to the legal
principles necessary to establish a treaty-based allocation that is
consistent with the ``conservation necessity principle.''
One commenter argued that since the average whiting catch taken
from the Makah U&A is 9.9 percent of the U.S. harvest guideline, the
Makah should be allocated no more than 4.95 percent of the U.S. harvest
guideline (50 percent of 9.9). This is the allocation method (based on
historical harvest) used for halibut in Makah v. Brown. Since the
historical halibut harvest in the Tribe's U&A was allowed to greatly
exceed the biomass, the court assumed that it reflected a safe level of
harvest. For whiting, the historical harvest and biomass in the U&A are
roughly equivalent. However, NMFS has no evidence that a somewhat
higher level of harvest from the U&A cannot be accommodated without
triggering conservation concerns. Thus, basing the allocation on
historical harvest in the U&A does not properly take into account the
``conservation necessity principle''.
Another commenter argued that the Makah allocation should be based
only on the proportion of the biomass found in the Tribe's U&A. This
argument was rejected in Makah v. Brown, specifically because it did
not take into account the ``conservation necessity principle.'' In
making the allocation to the Makah, NMFS must, by law, take into
account the ``conservation necessity principle.'' How to apply the
``conservation necessity principle'' to the biology of whiting is a
complex and difficult issue over which NMFS and the Makah do not agree.
NMFS is implementing the 15,000-mt compromise proposal to afford more
time for NMFS to consult with other Federal agencies, the Tribes, and
the States to resolve this issue.
One commenter argued that due to the migratory behavior of whiting,
they are available in the Makah U&A only 7 months of the year. As a
result, the commenter proposed that the Makah treaty entitlement be 50
percent of \7/12\ of the biomass in the Makah U&A. NMFS disagrees.
There are no precedents in treaty law pertaining to either Pacific
halibut or salmon that use seasonality as a discounting factor in
determining the treaty entitlement. Pacific salmon, for example, may be
available in a tribe's U&A for only a portion of the year, but that has
never reduced the tribal share. The best available information
regarding the amount of whiting in the tribal U&A are the triennial
hydroacoustic surveys, which likely measure the maximum biomass in the
area since the survey occurs at the peak of the northward summer
migration.
The Makah in their comments also raise the issue of migration in
the context of asserting that dense concentrations of whiting occur
both south and north of the Makah U&A and may either move in and out or
pass through the Tribe's area during the course of their northerly
migration. As mentioned above, other than the triennial survey, there
is little or no data regarding the proportion of whiting that pass
either through or offshore of the Makah U&A during other times of the
year or during the northerly migration. Based on recent surveys that
have identified substantial biomass offshore of what was once thought
to be the range of whiting biomass, it is reasonable to conclude that a
significant proportion migrates seaward of (outside) the tribal area.
However, the triennial survey remains the only quantitative estimate to
date, and should be considered the best available information.
NMFS continues to believe that the appropriate method to quantify
the Makah whiting treaty entitlement is to rely on biomass and harvest
estimates for Pacific whiting, which are the only data available, and
to base the Makah treaty entitlement on the whiting biomass in the
Makah U&A, taking into account the conservation necessity principle.
Makah v. Brown held that:
In formulating his allocation decisions, the Secretary must
accord treaty fishers the opportunity to take 50 percent of the
harvestable surplus of halibut in their usual and accustomed fishing
grounds, and the harvestable surplus must be determined according to
the conservation necessity principle.
Makah Indian Tribe v. Brown, No. C85-160R, and United States v.
Washington, Civil No. 923--Phase I, Subproceeding No. 92-1 (W.D. Wash.,
Order on Five Motions Relating to treaty Halibut Fishing, Dec. 29,
1993).
This determination is difficult because, with the exception of
Makah v. Brown (the Pacific halibut case), most of the legal and
technical precedents are based on the biology, harvest and conservation
requirements for Pacific salmon, which are very different from those
for Pacific whiting. Quantifying the tribal right to whiting is also
complicated by data limitations, and by the uncertainties of Pacific
whiting biology and conservation requirements.
The Makah Tribe has not stated what it believes is the appropriate
method to use in quantifying the treaty right. The Makah initially
proposed an allocation that would result in their harvesting up to
approximately 25 percent of the total U.S. harvest guideline in the
Makah U&A. After further discussions with NMFS, the Makah made a
compromise proposal for an allocation of 15,000 mt for 1996.
The Makah comments on the proposed rule do not offer a definitive
method of quantifying the tribal treaty right, but instead focus on
criticizing the basis for the NMFS proposed method. The Makah agree
that their treaty right affords the tribe the opportunity to take 50
percent of the harvestable surplus in their U&A grounds and that the
harvestable surplus must be determined in accordance with the
conservation necessity principle. The Makah argue that, before NMFS can
limit the Tribe's harvest, NMFS must demonstrate that its determination
of the harvestable surplus ``is required to prevent demonstrable harm
to the actual conservation of fish.'' See, United States v. Washington,
384 F. Supp. 312, 415 (W.D. Wash., 1974). The Makah claim that NMFS has
not demonstrated that it is necessary for conservation to limit the
harvest in the Makah area to the amount set by the NMFS' formula. The
Makah also claim that NMFS has not applied the same management
principle it invokes for the Tribe's fishery to non-treaty fisheries.
NMFS' proposal, described in detail in the proposed rule, is to
quantify the Tribe's treaty right by a method that is linked to the
biomass within the Tribe's U&A grounds (9.4 percent of the U.S. portion
of the biomass), enlarged by a multiplier, currently estimated as
1.375, which represents an estimate of the highest harvest level that
can be sustained over the long term without raising conservation
concerns. Whiting stock assessments (which are used to establish the
annual ABC and harvest guideline) assume that whiting are exploited at
the same rate throughout the management area. NMFS believes that this
assumption of uniform exploitation rate is the safest biological
assumption until it can be demonstrated that a different geographic
pattern of harvest is not harmful.
If the quantification of the treaty right were based solely on the
Makah arguments that NMFS must show demonstrable harm to resource
before limiting the Makah harvest, given the biology and biomass
distribution of whiting, the Makah could logically argue that the
treaty right entitled the tribe to 50 percent of the entire coastwide
harvest (between Central California and the U.S.-Canadian border)
despite the fact that only about 10 percent of both the biomass and the
historical harvest occur within the Makah U&A. NMFS does not believe
[[Page 28793]]
that this is an appropriate application of the conservation necessity
principle for the purpose of determining a treaty entitlement, because
it does not take into account the amount of fish available in the U&A
and would shift the distribution of a large proportion of the coastal
harvest into the Makah U&A, which is a small geographical area
(approximately 8.4 percent of the Columbia/Vancouver INPFC areas where
most of the whiting harvest occurs).
As stated in the proposed rule, NMFS believes that a high degree of
harvest concentration creates a conservation concern if (1) it involves
a large fraction of the total harvest, (2) it is a large deviation from
the average harvest rate for the fishing area, and/or (3) it will occur
indefinitely. Although data are not presently available that would
allow NMFS to evaluate exactly the biological effects of the Makah
proposal, it raises all three of these concerns.
NMFS acknowledges that many difficult questions have been raised,
and that there is much uncertainty regarding what is a complex and
difficult technical and legal issue. NMFS believes that allocating
15,000 mt of whiting to the Makah for 1996, although a compromise,
provides both a reasonable accommodation of the treaty right and
additional time for NMFS to work with other Federal agencies, the
States, and the tribes to resolve these issues. Because the 15,000 mt
allocated to the Makah for 1996 is not significantly greater than the
quantity of fish NMFS would have allocated in 1996 under its own
proposal (13,800 mt), NMFS believes that the compromise is within the
range of the treaty right. NMFS intends to seek resolution of the
treaty right quantification issue either through continued discussions
with the tribes or in the context of the recent subproceeding 96-2 in
United States v. Washington.
Three commenters supported the 15,000-mt compromise allocation for
1996.
Economic Impacts on Non-Indian Fishers, Processors and Coastal
Communities
Four commenters claimed that the framework for allocating
groundfish to the tribes and the proposed allocation of Pacific whiting
to the Makah would have a significant economic impact on a substantial
number of small entities. The commenters estimated that an allocation
of between 13,800 and 25,000 mt would reduce the shoreside processing
season by 6 to 13 days, which would reduce revenues and employment at
shoreside processing plants. One commenter claimed that decreasing the
whiting available to the non-Makah fishing industry will adversely
impact other groundfish fisheries as a result of transfer of effort to
other groundfish species.
NMFS agrees that any allocation of groundfish to the treaty tribes
comes at the expense of the fully-utilized non-Indian groundfish
industry. The framework procedures implemented by this rule, however,
do nothing more than establish the steps by which NMFS implements
treaty rights. It determines neither which species will be allocated to
the tribes, nor the specific amounts of groundfish to be allocated. As
such, the framework procedures have little or no economic impact. At
the time that NMFS determines the specific treaty entitlement for each
groundfish species, it will assess the economic impacts of the
allocation. However, treaty Indian rights are ``other applicable law''
with which Magnuson Act regulatory actions must be consistent.
Allocating 15,000 mt of Pacific whiting to the Makah reduces the
non-Indian harvest guideline by about 7 percent. That economic impact,
which is divided among the at-sea and shoreside catching and processing
sectors and must be considered in the context of fisheries income from
non-whiting species during the remainder of the year, is not likely to
be significant relative to any single fishing business in 1996. As
discussed in the EA/RIR/IRFA, due to a substantial increase in
harvestable biomass, all industry sectors will catch and process more
whiting in 1996 than during 1995, and this is expected to extend
several years into the future. To the extent that other coastal treaty
tribes develop a whiting fishery in the future, and depending on how
the treaty right to whiting is ultimately quantified, future
allocations to the treaty tribes may have a significant economic impact
on the non-Indian whiting industry.
Other Species
Six commenters argued that NMFS must conduct a formal consultation
under Section 7 of the ESA to take into account a localized fishery of
a significant nature that could incidentally harvest endangered species
of salmon. NMFS conducted a formal Section 7 consultation for the
Pacific Groundfish FMP and issued a biological opinion dated August 28,
1992, that determined that fishing activities conducted under the FMP
and its implementing regulations are not likely to jeopardize the
continued existence of any endangered or threatened species under the
jurisdiction of NMFS. Subsequent reinitiations of the consultation on
September 27, 1993, and May 15, 1996, reached the same conclusion.
Allocating 15,000 mt of whiting to the Makah for 1996 only does not
increase the total U.S. whiting harvest, nor will it result in a
whiting catch in the Makah U&A any greater than has occurred
periodically in the past. Thus, the impacts on listed salmon species
are not likely to be different from those assessed in the current
biological opinion.
One commenter expressed concern about stocks of salmon that are
subject to management under the Pacific Salmon Treaty, particularly
Fraser River salmon stocks. The most abundant Fraser River salmon
stocks are sockeye and pink salmon. The salmon bycatch in the whiting
fishery is predominantly chinook salmon with some pink salmon during
odd-numbered years. Fraser River chinook salmon are far-north migrating
stocks which are not abundant in areas where the U.S. whiting fishery
occurs, including the Makah U&A. Some Fraser River pink salmon may be
taken incidentally during odd-numbered years, but the numbers are not
significant. The tribal fishery approved for 1996 should not have
impacts greater than what has occurred in the past.
One commenter claimed that the NMFS proposal to manage rockfish
under the limited entry trip limit regime (until such time a treaty
entitlement and allocation is determined) does not limit the tribal
rockfish catch to the amount that can be safely landed from the tribal
U&A. The Makah will begin to fish whiting for the first time in 1996.
Based on the allocation of 15,000 mt of whiting to the Makah, it is not
likely that Makah fishermen will utilize more than two or three trawl
vessels to harvest their allocation. Those tribal vessels may also land
rockfish when the Makah whiting fishery is closed. NMFS does not
believe that three additional fishing vessels landing rockfish under
the relatively restrictive limited entry trip limit regime will result
in rockfish catches in excess of what can be safely allowed to occur.
The fishery is managed under an overall harvest guideline that is
designed to protect the stocks. This fishery will operate within that
harvest guideline.
Finally, one commenter asserted that there was ``no assurance of
the assumption the tribal fisheries will abide by limited entry
fishery-trip limit regime(s) for other species.'' NMFS has received
assurances from the tribes that tribal fisheries for non-whiting
groundfish species with harvest
[[Page 28794]]
guidelines and/or trip limits under the limited entry fishery trip
limits will abide by those trip limits. NMFS knows of no evidence that
the coastal treaty tribes have condoned fishing in violation of either
tribal or Federal regulations at any time or for any species.
Secretarial Action
NMFS, acting on behalf of the Secretary, allocates 15,000 mt of
Pacific whiting to the Makah Tribe in 1996.
Classification
The Assistant Administrator for Fisheries, NOAA (Assistant
Administrator), has determined that this final rule is necessary for
management of the Pacific coast groundfish fishery and that it is
consistent with the Magnuson Act and other applicable law.
NMFS prepared an environmental assessment (EA) that discusses the
impact on the environment as a result of this rule. The EA concludes
that the biological and physical impacts are most likely
indistinguishable from those of the limited entry trawl-fleet in
general for most groundfish species which the Makah have agreed to
manage under the current limited entry trawl-trip limits, and for the
allocation of 15,000 mt of whiting to the Makah for 1996. On the basis
of the EA, the Assistant Administrator concluded that there would be no
significant impact on the environment.
NMFS prepared an initial regulatory flexibility analysis as part of
the regulatory impact review, which describes the impact of this rule
on small entities. That analysis concluded that the allocation of
15,000 mt of Pacific whiting to the Makah in 1996 would result in a
decline in whiting revenue to the non-Indian participants in the
whiting fishery that would represent between 1 and 3 percent of total
gross fishing revenues from all fishing activities. Based on that
analysis, the Assistant Administrator determined that neither the
framework nor the 15,000-mt whiting allocation to the Makah would have
a significant economic impact on a substantial number of small
businesses. The Assistant General Counsel for Legislation and
Regulation of the Department of Commerce certified to the Chief Counsel
for Advocacy of the Small Business Administration that this rule would
not have a significant economic impact on a substantial number of small
entities. Therefore a final regulatory flexibility analysis was not
required.
This final rule has been determined to be not significant under
E.O. 12866. The proposed rule on this matter was determined to be
significant under E.O. 12866. However, after OMB review of the proposed
rule and discussions with the Department of Commerce and the Department
of the Interior, it was determined that this final rule is not
significant under E.O. 12866.
The Director, Northwest Region, NMFS, initially determined that the
proposed rule was consistent with applicable state coastal zone
management programs, as required. The initial determination was
submitted for review by the responsible state agencies under section
307 of the Coastal Zone Management Act. The State of Oregon concurred
with the determination, the State of Washington had no comments, and
the State of California did not respond so its concurrence is inferred.
A formal section 7 consultation under the ESA was concluded for the
Pacific Coast Groundfish FMP. In a biological opinion dated August 28,
1993, and subsequent reinitiations of consultation dated September 27,
1993, and May 15, 1996, the Assistant Administrator determined that
fishing activities conducted under the FMP and its implementing
regulations are not likely to jeopardize the continued existence of any
endangered or threatened species under the jurisdiction of NMFS. This
rule is within the scope of those consultations.
The 15,000-mt whiting allocation to the Makah in 1996 must be
implemented by June 1, 1996, to assure there is enough whiting
available to accommodate the tribal allocation without exceeding the
U.S. annual harvest guideline. The U.S. whiting harvest guideline
currently is divided 60 percent for all fishing vessels and 40 percent
for vessels that deliver whiting to shore-based processing plants. The
Makah whiting allocation must be deducted from the overall harvest
guideline to determine the appropriate allocation for the all-vessel
and the shore-based fishery. The fishery for all vessels began May 15
and it is expected that the 60 percent allocation will be reached by
June 1. This rule must be effective by June 1 so that the fishery for
all vessels can be closed before it exceeds its revised allocation.
Therefore, NMFS finds good cause pursuant to 5 U.S.C. 553(d)(3) to
implement this rule by June 1, 1996, rather than delaying effectiveness
for 30 days after publication in the Federal Register.
List of Subjects in 50 CFR Part 663
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 31, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 663 is amended
as follows:
PART 663--PACIFIC COAST GROUNDFISH FISHERY
l. The authority citation for part 663 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 663.2 the definition for ``commercial harvest guideline
or commercial quota'' is added, in alphabetical order, to read as
follows:
Sec. 663.2 Definitions.
* * * * *
Commercial harvest guideline or commercial quota means the harvest
guideline or quota after subtracting any allocation for the Pacific
Coast treaty Indian tribes or for recreational fisheries. Limited entry
and open access allocations are based on the commercial harvest
guideline or quota.
* * * * *
3. In Sec. 663.7, paragraphs (n) and (o) are revised to read as
follows:
Sec. 663.7 Prohibitions.
* * * * *
(n) Process Pacific whiting in the fishery management area during
times or in areas where at-sea processing is prohibited, unless the
fish were received from a member of a Pacific Coast treaty Indian tribe
fishing under Sec. 663.24. .
(o) Take and retain or receive, except as cargo, Pacific whiting on
a vessel in the fishery management area that already possesses
processed Pacific whiting on board, during times or in areas where at-
sea processing is prohibited, unless the fish were received from a
member of a Pacific Coast treaty Indian tribe fishing under
Sec. 663.24; when taking and retention is prohibited under
Sec. 663.23(b)(4)(iv), fail to keep the trawl doors on board the vessel
and attached to the trawls on a vessel used to fish for whiting.
* * * * *
4. In Sec. 663.23, paragraphs (b)(1) and (b)(4)(i) through
(b)(4)(iv) are revised to read as follows:
Sec. 663.23 Catch restrictions.
* * * * *
(b) * * *
(1) Black rockfish. The trip limit for black rockfish (Sebastes
melanops) for commercial fishing vessels using hook-and-line gear
between the U.S.-
[[Page 28795]]
Canadian border and Cape Alava (48 deg.09'30'' N. lat.), and between
Destruction Island (47 deg.40'00'' N. lat.) and Leadbetter Point
(46 deg.38'10'' N. lat.), is 100 lb (45.36 kg) or 30 percent by weight
of all fish on board, whichever is greater, per vessel per fishing
trip.
* * * * *
(4) * * *
(i) The shoreside reserve. When 60 percent of the commercial
harvest guideline for Pacific whiting has been or is projected to be
taken, further at-sea processing of Pacific whiting will be prohibited
pursuant to paragraph (b)(4)(iv) of this section. The remaining 40
percent is reserved for harvest by vessels delivering to shoreside
processors.
(ii) Release of the reserve. That portion of the commercial harvest
guideline that the Regional Director determines will not be used by
shoreside processors by the end of that fishing year shall be made
available for harvest by all fishing vessels, regardless of where they
deliver, on August 15 or as soon as practicable thereafter. NMFS may
again release whiting at a later date if it becomes obvious, after
August 15, that shore-based needs have been substantially over-
estimated, but only after consultation with the Council and only to
ensure full utilization of the resource. Pacific whiting not needed in
the fishery authorized under Sec. 663.24 also may be made available.
(iii) Estimates. Estimates of the amount of Pacific whiting
harvested will be based on actual amounts harvested, projections of
amounts that will be harvested, or a combination of the two. Estimates
of the amount of Pacific whiting that will be used by shoreside
processors by the end of the fishing year will be based on the best
information available to the Regional Director from state catch and
landings data, the survey of domestic processing capacity and intent,
testimony received at Council meetings, and/or other relevant
information.
(iv) Announcements. The Assistant Administrator will announce in
the Federal Register when 60 percent of the commercial harvest
guideline for whiting has been, or is about to be, harvested,
specifying a time after which further at-sea processing of Pacific
whiting in the fishery management area is prohibited. The Assistant
Administrator will publish a document in the Federal Register to
announce any release of the reserve on August 15, or as soon as
practicable thereafter. In order to prevent exceeding the limits or
underutilizing the resource, adjustments may be made effective
immediately by actual notice to fishermen and processors, by phone,
fax, Northwest Region computerized bulletin board (contact 206-526-
6128), letter, press release, and/or U.S. Coast Guard Notice to
Mariners (monitor channel 16 VHF), followed by publication in the
Federal Register, in which instance public comment will be sought for a
reasonable period of time thereafter. If insufficient time exists to
consult with the Council, the Regional Director will inform the Council
in writing of actions taken.
* * * * *
5. Section 663.24 is added to read as follows:
Sec. 663.24 Pacific Coast treaty Indian fisheries.
(a) Pacific Coast treaty Indian tribes have treaty rights to
harvest groundfish in their usual and accustomed fishing areas in U.S.
waters.
(b) For the purposes of this part, Pacific Coast treaty Indian
tribes means the Hoh, Makah, and Quileute Indian Tribes and the
Quinault Indian Nation.
(c) The Pacific Coast treaty Indian tribes' usual and accustomed
fishing areas within the fishery management area (FMA) are set out
below in paragraphs (c)(1) through (c)(4) of this section. Boundaries
of a tribe's fishing area may be revised as ordered by a Federal court.
(1) Makah--That portion of the FMA north of 48 deg.02'15'' N. lat.
(Norwegian Memorial) and east of 125 deg.44'00'' W. long.
(2) Quileute--That portion of the FMA between 48 deg.07'36'' N.
lat. (Sand Point) and 47 deg.31'42'' N. lat.(Queets River) and east of
125 deg.44'00'' W. long.
(3) Hoh--That portion of the FMA between 47 deg.54'18'' N. lat.
(Quillayute River) and 47 deg.21'00'' N. lat. (Quinault River) and east
of 125 deg.44'00'' W. long.
(4) Quinault--That portion of the FMA between 47 deg.40'06'' N.
lat. (Destruction Island) and 46 deg.53'18'' N. lat. (Point Chehalis)
and east of 125 deg.44'00'' W. long.
(d) Procedures. The rights referred to in paragraph (a) of this
section will be implemented by the Secretary, after consideration of
the tribal request, the recommendation of the Council, and the comments
of the public. The rights will be implemented either through an
allocation of fish that will be managed by the tribes, or through
regulations in this section that will apply specifically to the tribal
fisheries. An allocation or a regulation specific to the tribes shall
be initiated by a written request from a Pacific Coast treaty Indian
tribe to the Regional Director, prior to the first of the Council's two
annual groundfish meetings. The Secretary generally will announce the
annual tribal allocation at the same time as the annual specifications
developed under section II.H. of the Appendix to this part. The
Secretary recognizes the sovereign status and co-manager role of Indian
tribes over shared Federal and tribal fishery resources. Accordingly,
the Secretary will develop tribal allocations and regulations under
this paragraph in consultation with the affected tribe(s) and, insofar
as possible, with tribal consensus.
(e) Identification. A valid treaty Indian identification card
issued pursuant to 25 CFR part 249, subpart A, is prima facie evidence
that the holder is a member of the Pacific Coast treaty Indian tribe
named on the card.
(f) A limited entry permit under subpart C is not required for
participation in a tribal fishery described in paragraph (d) of this
section.
(g) Fishing under this section by a member of a Pacific Coast
treaty Indian tribe within their usual and accustomed fishing area is
not subject to the provisions of other sections of this part.
(h) Any member of a Pacific Coast treaty Indian tribe must comply
with this section, and with any applicable tribal law and regulation,
when participating in a tribal groundfish fishery described in
paragraph (d) of this section.
(i) Fishing by a member of a Pacific Coast treaty Indian tribe
outside the applicable Indian tribe's usual and accustomed fishing
area, or for a species of groundfish not covered by an allocation or
regulation under this section, is subject to the regulations in the
other sections of this part.
(j) Black rockfish. Harvest guidelines for commercial harvests of
black rockfish by members of the Pacific Coast Indian tribes using hook
and line gear will be established annually for the areas between the
U.S.-Canadian border and Cape Alava (48 deg.09'30'' N. lat.) and
between Destruction Island (47 deg.40'00'' N. lat.) and Leadbetter
Point (46 deg.38'10'' N. lat.), in accordance with the procedures for
implementing annual specifications in section II.H of the Appendix to
this part. Pacific Coast treaty Indians fishing for black rockfish in
these areas under these harvest guidelines are subject to the
provisions in this section, and not to the restrictions in other
sections of this part.
(k) Groundfish without a tribal allocation. Makah tribal members
may use midwater trawl gear to take and retain groundfish for which
there is no tribal allocation and will be subject to the trip landing
and frequency and size
[[Page 28796]]
limits applicable to the limited entry fishery.
6. The Appendix to this part is amended by revising the first
paragraph in section II.H. to read as follows:
Appendix to Part 663--Groundfish Management Procedures
* * * * *
II. * * *
H. * * *
Annually, the Council will develop recommendations for
specification of ABCs, identification of species or species groups
for management by numerical harvest guidelines and quotas,
specification of the numerical harvest guidelines and quotas, and
apportionments to DAP, JVP, DAH, TALFF, and the reserve over the
span of two Council meetings. The Council also will develop
recommendations for the specification of allocations for Pacific
Coast treaty Indian tribes as described at Sec. 663.24.
* * * * *
[FR Doc. 96-14141 Filed 5-31-96; 4:42 pm]
BILLING CODE 3510-22-P
Complete official Federal Register PDF
FR Doc. 96-14140 Establishment of the Family Radio Service
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28768-28770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14140]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 95
[WT Docket No. 95-102; FCC 96-215]
Establishment of the Family Radio Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Personal Radio Service rules to
establish a very short distance, unlicensed, two-way voice personal
radio service called the Family Radio Service (FRS). The rule
amendments are necessary so that families, friends and associates could
have the capability to communicate with one another over a very short
range, typically a few city blocks. The effect of this action is to
provide a high-quality low-cost communications service that will be
useful to hunters, campers, hikers, bicyclists and other outdoor
activity enthusiasts who need to communicate with other members of
their party who are out of speaking range or sight but still in the
same general area.
EFFECTIVE DATE: July 8, 1996.
FOR FURTHER INFORMATION CONTACT: William T. Cross, Federal
Communications Commission, Washington, DC 20554, (202) 418-0680.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, adopted May 14 , 1996, and released May 15, 1996. The
complete text of this Commission action, including the rule amendments,
is available for inspection and copying at the Federal Communications
Commission, Room 246, 1919 M Streeet, NW., Washington, DC. The complete
text of this Report and Order may also be obtained from the
Commission's copy contractor, International Transcription Services,
Inc., 2100 M Street, NW., Suite 140, Washington, DC 20037, telephone
(202) 857-3800, and from the FCC's internet World Wide Web homepage,
http://www.fcc.gov
Summary of Report and Order
1. By this action, we are amending the Personal Radio Service rules
to establish the FRS.
2. Also, by this action, we are also amending the technical
standards to establish standards for FRS transmitters.
3. The amended rules are set forth below, effective July 8, 1996.
4. This Report and Order and the rule amendments are issued under
the authority contained in 47 U.S.C. 154(i), 303(r), and 307(e).
List of Subjects in 47 CFR Part 95
Communications equipment, Radio.
Federal Communications Commission
William F. Caton,
Acting Secretary.
Rule Changes
Part 95 of Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:
PART 95--PERSONAL RADIO SERVICES
1. The authority citation for part 95 continues to read as follows:
Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47
U.S.C. 154, 303.
2. Subpart B, Secs. 95.191 through 95.194, is added to part 95 to
read as follows:
Subpart B--Family Radio Service (FRS)
General Provisions
Sec.
95.191 (FRS Rule 1) Eligibility and responsibility.
95.192 (FRS Rule 2) Authorized locations.
95.193 (FRS Rule 3) Types of communications.
95.194 (FRS Rule 4) FRS units.
Subpart B--Family Radio Service (FRS)
General Provisions
Sec. 95.191 (FRS Rule 1) Eligibility and responsibility.
(a) Unless you are a representative of a foreign government, you
are authorized by this rule to operate an FCC certified FRS unit in
accordance with the rules in this subpart. No license will be issued.
(b) You are responsible for all communications that you make with
the FRS unit. You must share each channel with other users. No channel
is available for the private or exclusive use of any user.
Sec. 95.192 (FRS Rule 2) Authorized locations.
(a) Provided that you comply with these rules, you are authorized
to operate an FRS unit:
(1) Within or over any area of the world where radio services are
regulated by the FCC (this area includes the fifty United States and
the District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands (50 islets and cays), American Samoa (seven
islands), the Commonwealth of Northern Marianna Islands, and Guam
Island);
(2) Within or over any other area of the world, except within or
over the territorial limits of areas where radio services are regulated
by an agency of the United States other than the FCC or any foreign
government (you are subject to its rules);
(3) Aboard any vessel or aircraft registered in the United States,
with the permission of the captain, that is within or over any area of
the world where radio services are regulated by the FCC or upon or over
international waters;
(4) or; Aboard any unregistered vessel or aircraft owned or
operated by a United States citizen or company that is within or over
any area of the world where radio services are regulated by the FCC or
upon or over international waters.
(5) You must operate the FRS unit only according to any applicable
treaty to which the United States is a party.
[[Page 28769]]
The FCC will make public notice of any such conditions.
(b) Your use of an FRS unit must not cause harmful interference to
a FCC monitoring facility. Doing so could result in imposition of
restrictions upon the operation of the FRS unit within 0.8 km (0.5
mile) of the facility by its Engineer-in-Charge. (Geographical
coordinates of the facilities that require protection are listed in
Sec. 0.121(c) of this chapter.)
(c) The FCC may impose additional restrictions on a FRS station if
the station is located at a point within the National Radio Quiet Zone
(an area within the States of Maryland, Virginia and West Virginia).
The Zone is the area bounded by:
(1) 39 deg. 15' N. on the North;
(2) 78 deg. 30' W. on the East;
(3) 37 deg. 30' N. on the South; and
(4) 80 deg. 30' W. on the West.
Sec. 95.193 (FRS Rule 3) Types of communications.
(a) You may use an FRS unit to conduct two-way voice communications
with another person. You may use the FRS unit to transmit one-way
communications only to establish communications with another person,
send an emergency message, provide traveler assistance, make a voice
page, or to conduct a brief test.
(b) The FRS unit may transmit tones to make contact or to continue
communications with a particular FRS unit. If the tone is audible (more
than 300 Hertz), it must last no longer than 15 seconds at one time. If
the tone is subaudible (300 Hertz or less), it may be transmitted
continuously only while you are talking.
(c) You must not use an FRS unit in connection with any activity
which is against federal, state or local law.
(d) You must, at all times and on all channels, give priority to
emergency communication messages concerning the immediate safety of
life or the immediate protection of property.
(e) No FRS unit may be interconnected to the public switched
network.
Sec. 95.194 (FRS Rule 4) FRS units.
(a) You may only use an FCC certified FRS unit. (You can identify
an FCC certified FRS unit by the label placed on it by the
manufacturer.)
(b) You must not make, or have made, any internal modification to
an FRS unit. Any internal modification cancels the FCC certification
and voids your authority to operate the unit in the FRS.
(c) You may not attach any antenna, power amplifier, or other
apparatus to an FRS unit that has not been FCC certified as part of
that FRS unit. There are no exceptions to this rule and attaching any
such apparatus to a FRS unit cancels the FCC certification and voids
everyone's authority to operate the unit in the FRS.
Subpart D--Citizens Band (CB) Radio Service
3. Section 95.401 is revised to read as follows:
Sec. 95.401 (CB Rule 1) What are the Citizens Band Radio Services?
The Citizens Band Radio Services are:
(a) The Citizens Band (CB) Radio Service--a private, two-way,
short-distance voice communications service for personal or business
activities of the general public. The CB Radio Service may also be used
for voice paging.
(b) The Family Radio Service (FRS)--a private, two-way, very short-
distance voice communications service for facilitating family and group
activities. The rules for this service are contained in Subpart B of
this part.
Subpart E--Technical Regulations
4. Section 95.601 is revised to read as follows:
Sec. 95.601 Basis and purpose.
These rules provide the technical standards to which each
transmitter (apparatus that converts electrical energy received from a
source into RF (radio frequency) energy capable of being radiated) used
or intended to be used in a station authorized in any of the Personal
Radio Services must comply. They also provide requirements for
obtaining type acceptance of such transmitters. The Personal Radio
Services are the GMRS (General Mobile Radio Service), the Family Radio
Service (FRS), the R/C (Radio Control Radio Service), and the CB
(Citizens Band Radio Service). For operating rules, see Part 95,
Subpart A-GMRS; Subpart B-FRS; Subpart C-R/C; and Subpart D-CB.
5. Section 95.603 is amended by revising the section heading and
adding paragraph (d) to read as follows:
Sec. 95.603 Type acceptance or certification required.
* * * * *
(d) Each FRS unit (a transmitter that operates or is intended to
operate in the FRS) must be certified for use in the FRS in accordance
with Subpart J of Part 2 of this chapter.
6. Section 95.605 is revised to read as follows:
Sec. 95.605 Type acceptance and certification procedures.
Any entity must request type acceptance for its transmitter when
the transmitter is used in the GMRS, R/C or CB Radio Service, or IVDS
following the procedures in Part 2 of this chapter. Any entity must
request certification for its transmitter when the transmitter is used
in the FRS following the procedures in Subpart J of Part 2 of this
chapter.
Secs. 95.627 through 95.669 (Redesignated as Secs. 95.629 through
95.671)
7. Sections 95.627 through 95.669 are redesignated as 95.629
through 95.671 and a new Section 95.627 is added to read as follows:
Sec. 95.627 FRS unit channel frequencies.
(a) The FRS unit channel frequencies are:
------------------------------------------------------------------------
Channel No. (MHz)
------------------------------------------------------------------------
1....................................................... 462.5625
2....................................................... 462.5875
3....................................................... 462.6125
4....................................................... 462.6375
5....................................................... 462.6625
6....................................................... 462.6875
7....................................................... 462.7125
8....................................................... 467.5625
9....................................................... 467.5875
10...................................................... 467.6125
11...................................................... 467.6375
12...................................................... 467.6625
13...................................................... 467.6875
14...................................................... 467.7125
------------------------------------------------------------------------
(b) Each FRS unit must be maintained within a frequency tolerance
of 0.00025%.
8. Newly redesignated Sec. 95.629 is amended by revising paragraph
(b), redesignating paragraphs (d) and (e) as paragraphs (e) and (f)
respectively, and adding a new paragraph (d) to read as follows:
Sec. 95.629 Emission types.
* * * * *
(b) An R/C transmitter may transmit any appropriate non-voice
emission which meets the emission limitations of Sec. 95.633.
* * * * *
(d) An FRS unit may transmit only emission type F3E. A non-voice
emission is limited to selective calling or tone-operated squelch tones
to establish or continue voice communications.
* * * * *
9. Newly redesignated Sec. 95.631 is amended by adding a new
paragraph (c) to read as follows:
Sec. 95.631 Emission bandwidth.
* * * * *
[[Page 28770]]
(c) The authorized bandwidth for emission type F3E transmitted by a
FRS unit is 12.5 kHz.
10. Newly redesignated Sec. 95.633 is amended by revising paragraph
(b) to read as follows:
Sec. 95.633 Unwanted radiation.
* * * * *
(b) The power of each unwanted emission shall be less than TP as
specified in the applicable paragraph:
----------------------------------------------------------------------------------------------------------------
Transmitter Emission type Applicable paragraphs
----------------------------------------------------------------------------------------------------------------
GMRS.................................... A1D, A3E, F1D, G1D, F3E, G3E (1), (3), (7)
with filtering.
A1D, A3E, F1D, G1D, F3E, G3E (5), (6), (7)
without filtering.
H1D, J1D, R1D, H3E, J3E, R3E... (2), (4), (7)
FRS..................................... F3E with filtering............. (1), (3), (7)
Note: Filtering refers to the requirement in Sec. 95.635(b) R/C:
27 MHz band............................. As specified in Sec. 95.629(b) (1), (3), (7)
72-76 MHz band.......................... As specified in Sec. 95.629(b) (1), (3), (7), (10), (11), (12)
CB...................................... A1D, A3E....................... (1), (3), (8), (9)
H1D, J1D, R1D, H3E, J3E, R3E... (2), (4), (8), (9)
A1D, A3E type accepted before (1), (3), (7)
September 10, 1976.
H1D, J1D, R1D, H3E, J3E, R3E (2), (4), (7)
type accepted before September
10, 1986.
----------------------------------------------------------------------------------------------------------------
* * * * *
11. Newly redesignated Sec. 95.635 is amended by revising paragraph
(a) to read as follows:
Sec. 95.635 Modulation standards.
(a) A GMRS transmitter that transmits emission types F1D, G1D, or
G3E must not exceed a peak frequency deviation of plus or minus 5 kHz.
A GMRS transmitter that transmits emission type F3E must not exceed a
peak frequency deviation of plus or minus 5 kHz. A FRS unit that
transmits emission type F3E must not exceed a peak frequency deviation
of plus or minus 2.5 kHz, and the audio frequency response must not
exceed 3.125 kHz .
* * * * *
12. Newly redesignated Sec. 95.637 is amended by adding a new
paragraph (d) to read as follows:
Sec. 95.637 Maximum transmitter power.
* * * * *
(d) No FRS unit, under any condition of modulation, shall exceed
0.500 W effective radiated power (ERP).
13. Newly redesignated Sec. 95.645 is revised to read as follows:
Sec. 95.645 FRS unit and R/C transmitter antennas.
The antenna of each FRS unit, and the antenna of each R/C station
transmitting in the 72-76 MHz band, must be an integral part of the
transmitter. The antenna must have no gain (as compared to a half-wave
dipole) and must be vertically polarized.
14. Newly redesignated Sec. 95.647 is revised to read as follows:
Sec. 95.647 Power capability.
No CB or R/C station transmitter or FRS unit shall incorporate
provisions for increasing its transmitter power to any level in excess
of the limit specified in Sec. 95.637.
15. Newly redesignated Sec. 95.649 is revised to read as follows:
Sec. 95.649 Crystal control required.
All transmitters used in the Personal Radio Services must be
crystal controlled, except an R/C station that transmits in the 26-27
MHz frequency band, and a FRS unit.
16. Appendix 1 to Subpart E is amended by adding the definition for
``FRS'', in alphabetical order, to read as follows:
Appendix 1 To Subpart E-Glossary of Terms
* * * * *
FRS. Family Radio Service.
* * * * *
[FR Doc. 96-14140 Filed 6-5-96; 8:45 am]
BILLING CODE 6712-01-P
Complete official Federal Register PDF
FR Doc. 96-14117 Suspension, Debarment and Ineligibility for Contracts, Assistance, Loans and Benefits
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28755-28757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14117]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 15 and 32
[FRL-5513-1]
RIN 2030-AA38
Suspension, Debarment and Ineligibility for Contracts,
Assistance, Loans and Benefits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule removes Part 15 (``Administration of the Clean Air
Act and the Clean Water Act with Respect to Contracts, Grants, and
Loans--List of Violating Facilities'') from Title 40 of the Code of
Federal Regulations. This rule also amends 40 CFR Part 32,
Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drugfree Workplace (Grants), by adding
procedures needed to administer the ineligibility provisions of the
Clean Air Act (CAA), Clean Water Act (CWA), and EO 11738.
EFFECTIVE DATE: June 6, 1996.
FOR FURTHER INFORMATION CONTACT: Robert F. Meunier, EPA Suspending and
Debarring Official, (3901F), 401 M Street, SW., Washington, DC 20460.
Telephone: (202) 260-8030; or E-Mail to:
[email protected].
SUPPLEMENTARY INFORMATION:
A. Background
On September 11, 1995, EPA published a Notice of Proposed
Rulemaking (See 60 FR 47135) proposing to eliminate regulations at 40
CFR Part 15 governing the listing, and removal from the list, of
facilities rendered ineligible to participate in Federal grants,
contracts and loans pursuant to Section 306 of the Clean Air
[[Page 28756]]
Act (CAA) and Section 508 of the Clean Water Act (CWA). The Notice
proposed to simultaneously amend 40 CFR Part 32, EPA's regulations
implementing the Governmentwide nonprocurement common rule for
suspension and debarment, to incorporate provisions relating to
facility ineligibility and reinstatement pursuant to the CAA and CWA.
The Notice provided a 60 day period ending November 13, 1995, to
consider public comments on the proposed rule. No comments were
received.
The publication of this final rule completes EPA's administrative
consolidation of its statutory ineligibility and discretionary
debarment authorities within a single office, the Office of
Administration and Resources Management (OARM). All EPA debarment,
ineligibility and/or reinstatement actions will now be subject to
consistent policy development and flexible procedures applicable to
OMB's Governmentwide suspension and debarment system.
Rulemaking Analysis
B. Executive Order 12866
This rulemaking has been determined not to be significant under EO
12866. However, it has been sent to the Office of Management and Budget
for review for consistency with the OMB Common Rule.
C. Regulatory Flexibility Act
The EPA certifies that this rule does not have a significant
economic impact on a substantial number of small entities.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not contain information collection requirements for the approval of OMB
under 44 U.S.C. 3501 et seq.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. The rule imposes no enforceable
duties on any of these governmental entities or the private sector.
This rule does not change the current statutory and regulatory duties
that arise from conditions of federal assistance which, as defined by
UMRA, do not constitute a ``Federal intergovernmental mandate'' or a
``Federal private sector mandate.'' Thus, today's rule is not subject
to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this final rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The rule eliminates the separate procedures in 40 CFR Part
15 for administering the Clean Air Act and Clean Water Act
ineligibility provisions, and incorporates simplified ineligibility
procedures in EPA's existing nonprocurement suspension and debarment
rules (40 CFR Part 32). None of these amended procedures would impose
significant or unique regulatory requirements on small governments.
Therefore, the rule is not subject to section 203 of the UMRA.
List of Subjects in 40 CFR Parts 15 and 32
Environmental protection, Administrative practice and procedure,
Debarment and suspension; Ineligibility.
Dated: May 23, 1996.
Alvin M. Pesachowitz,
Acting Assistant Administrator, Office of Administration and Resources
Management.
For the reasons set out in the preamble, under the authority at 33
U.S.C. 1361(a), 40 CFR Chapter I is amended as follows:
1. Part 15 is removed.
2. The title of Part 32 is revised to read as follows:
PART 32--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS);
CLEAN AIR ACT AND CLEAN WATER ACT INELIGIBILITY OF FACILITIES IN
PERFORMANCE OF FEDERAL CONTRACTS, GRANTS AND LOANS
3. The authority citation for Part 32 is revised to read as
follows:
Authority: E.O. 12549; 41 U.S.C. 701 et seq.; 7 U.S.C. 136 et
seq.; 15 U.S.C. 2601 et seq.; 20 U.S.C. 4011 et seq.; 33 U.S.C. 1251
et seq.; 42 U.S.C. 300f, 4901, 6901, 7401, 9801 et seq.; E.O. 12689;
E.O. 11738; Pub. L. 103-355 Sec. 2455.
4. Section 32.100 is amended by adding new paragraph (e) as
follows:
Sec. 32.100 Purpose.
* * * * *
(e) Facilities ineligible to provide goods, materials, or services
under Federal contracts, loans or assistance, pursuant to Section 306
of the Clean Air Act (CAA) or Section 508 of the Clean Water Act (CWA)
are excluded in accordance with the terms of those statutes.
Reinstatement of a CAA or CWA ineligible facility may be requested in
accordance with the procedures at Sec. 32.321.
5. Section 32.105 is amended by adding in alphabetical order the
following definitions.
Sec. 32.105 Definitions.
* * * * *
CAA or CWA ineligibility. The status of a facility which, as
provided in section 306 of the Clean Air Act (CAA) and section 508 of
the Clean Water Act (CWA), is ineligible to be used in the performance
of a Federal contract, subcontract, loan, assistance award or covered
transaction. Such ineligibility commences upon conviction of a facility
owner, lessee, or supervisor for a
[[Page 28757]]
violation of section 113 of the CAA or section 309(c) of the CWA, which
violation occurred at the facility. The ineligibility of the facility
continues until such time as the EPA Debarring Official certifies that
the condition giving rise to the CAA or CWA criminal conviction has
been corrected.
* * * * *
Facility. Any building, plant, installation, structure, mine,
vessel, floating craft, location or site of operations at which, or
from which, a Federal contract, subcontract, loan, assistance award or
covered transaction is to be performed. Where a location or site of
operations contains or includes more than one building, plant,
installation or structure, the entire location or site shall be deemed
the facility unless otherwise limited by EPA.
* * * * *
6. Section 32.110 is amended by adding a new paragraph (d) as
follows:
Sec. 32.110 Coverage.
* * * * *
(d) Except as provided in Sec. 32.215 of this part, Federal
agencies shall not use a CAA or CWA ineligible facility in the
performance of any Federal contract, subcontract, loan, assistance
award or covered transaction.
7. Section 32.115 is amended by revising paragraph (d) to read as
follows:
Sec. 32.115 Policy.
* * * * *
(d) It is EPA policy to exercise its authority to reinstate CAA or
CWA ineligible facilities in a manner which is consistent with the
policies in paragraphs (a) and (b) of this section.
8. Section 32.215 is revised to read as follows:
Sec. 32.215 Exception provision.
(a) EPA may grant an exception permitting a debarred, suspended, or
voluntarily excluded person, or a person proposed for debarment under
48 CFR part 9, subpart 9.4, to participate in a particular covered
transaction upon a written determination by the agency head or an
authorized designee stating the reason(s) for deviating from the
Presidential policy established by Executive Order 12549 and
Sec. 32.200. However, in accordance with the President's stated
intention in the Executive Order, exceptions shall be granted only
infrequently. Exceptions shall be reported in accordance with
Sec. 32.505(a).
(b) Any agency head, or authorized designee, may except any Federal
contract, subcontract, loan, assistance award or covered transaction,
individually or as a class, in whole or in part, from the prohibitions
otherwise applicable by reason of a CAA or CWA ineligibility. The
agency head granting the exception shall notify the EPA Debarring
Official of the exception as soon, before or after granting the
exception, as may be practicable. The justification for such an
exception, or any renewal thereof, shall fully describe the purpose of
the contract or covered transaction, and show why the paramount
interest of the United States requires the exception.
(c) The EPA Debarring Official is the official authorized to grant
exceptions under this section for EPA.
9. Section 32.315 is amended by adding a new paragraph (c) to read
as follows:
Sec. 32.315 Settlement and voluntary exclusion.
* * * * *
(c) The EPA Debarring Official may consider matters regarding
present responsibility, as well as any other matter regarding the
conditions giving rise to alleged CAA or CWA violations in anticipation
of entry of a plea, judgment or conviction. If, at any time, it is in
the interest of the United States to conclude such matters pursuant to
a comprehensive settlement agreement, the EPA Debarring Official may
conclude the debarment and ineligibility matters as part of any such
settlement, so long as he or she certifies that the condition giving
rise to the CAA or CWA violation has been corrected.
10. Section 32.321 is added to Part 32 to read as follows:
Sec. 32.321 Reinstatement of facility eligibility.
(a) A written petition to reinstate the eligibility of a CAA or CWA
ineligible facility may be submitted to the EPA Debarring Official. The
petitioner bears the burden of providing sufficient information and
documentation to establish, by a preponderance of the evidence, that
the condition giving rise to the CAA or CWA conviction has been
corrected. If the material facts set forth in the petition are
disputed, and the Debarring Official denies the petition, the
petitioner shall be afforded the opportunity to have additional
proceedings as provided in Sec. 32.314(b).
(b) A decision by the EPA Debarring Official denying a petition for
reinstatement may be appealed under Sec. 32.335.
Sec. 32.330 [Removed]
11. Section 32.330 is removed.
Sec. 32.425 [Removed]
12. Section 32.425 is removed.
[FR Doc. 96-14117 Filed 6-5-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-14116 Outer Continental Shelf Air Regulations Consistency Update for California
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28757-28761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14116]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[FRL-5515-7]
Outer Continental Shelf Air Regulations Consistency Update for
California
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Final rule-consistency update.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing the update of the Outer Continental Shelf
(``OCS'') Air Regulations proposed in the Federal Register on January
29, 1996, September 11, 1995, and April 7, 1995. Requirements applying
to OCS sources located within 25 miles of states' seaward boundaries
must be updated periodically to remain consistent with the requirements
of the corresponding onshore area (``COA''), as mandated by section
328(a)(1) of the Clean Air Act (``the Act''), the Clean Air Act
Amendments of 1990. The portion of the OCS air regulations that is
being updated pertains to the requirements for OCS sources for which
the Santa Barbara County Air Pollution Control District (Santa Barbara
County APCD), South Coast Air Quality Management District (South Coast
AQMD), and Ventura County Air Pollution Control District (Ventura
County APCD) are the designated COAs. The intended effect of approving
the requirements contained in ``Santa Barbara County Air Pollution
Control District Requirements Applicable to OCS Sources'' (April,
1996), ``South Coast Air Quality Management District Requirements
Applicable to OCS Sources'' (Part I and II) (April, 1996), and
``Ventura County Air Pollution Control District Requirements Applicable
to OCS Sources'' (April, 1996) is to regulate emissions from OCS
sources in accordance with the requirements onshore.
DATES: This action is effective July 8, 1996.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations:
Rulemaking Section (A-5-3), Air and Toxics Division, U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
Environmental Protection Agency (LE-6102), 401 ``M'' Street, SW,
Room M-1500, Washington, D.C. 20460.
[[Page 28758]]
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Air and Toxics
Division (A-5-3), U.S. EPA Region IX, 75 Hawthorne Street, San
Francisco, CA 94105, Telephone: (415) 744-1197.
SUPPLEMENTARY INFORMATION:
Background
On January 29, 1996 in 61 FR 2761, September 11, 1995 in 60 FR
47140, and April 7, 1995 in 60 FR 17748, EPA proposed to approve the
following requirements into the OCS Air Regulations: ``Santa Barbara
County Air Pollution Control District Requirements Applicable to OCS
Sources'', ``South Coast Air Quality Management District Requirements
Applicable to OCS Sources'' (Part I and II), and ``Ventura County Air
Pollution Control District Requirements Applicable to OCS Sources''.
These requirements are being promulgated in response to the submittal
of rules from local air pollution control agencies. EPA has evaluated
the above requirements to ensure that they are rationally related to
the attainment or maintenance of federal or state ambient air quality
standards or Part C of title I of the Act, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure that they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded administrative or procedural
rules.
A 30-day public comment period was provided in 61 FR 2761, 60 FR
47140, and 60 FR 17748, and no comments were received.
EPA Action
In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. No changes were made to the
proposals set forth in the January 29, 1996, September 11, 1995, and
April 7, 1995 notices of proposed rulemaking. EPA is approving the
submittal as modified under section 328(a)(1) of the Act, 42 U.S.C.
7627. Section 328(a) of the Act requires that EPA establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore
requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into Part 55 as they exist
onshore.
Administrative Requirements
A. Executive Order 12866 (Regulatory Impact Analysis)
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires each federal agency
to perform a Regulatory Flexibility Analysis for all rules that are
likely to have a ``significant impact on a substantial number of small
entities.'' Small entities include small businesses, organizations, and
governmental jurisdictions.
As was stated in the final regulation, the OCS rule does not apply
to any small entities, and the structure of the rule averts direct
impacts and mitigates indirect impacts on small entities. This
consistency update merely incorporates onshore requirements into the
OCS rule to maintain consistency with onshore regulations as required
by section 328 of the Act and does not alter the structure of the rule.
The EPA certifies that this final rule will not have a significant
impact on a substantial number of small entities.
C. Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
EPA has determined that the final action promulgated today does not
include a Federal mandate that may result in estimated cost of $100
million or more to either State, local or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to the State,
local, or tribal governments, or to the private sector, result from
this action.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Nitrogen oxides, Outer
Continental Shelf, Ozone, Particulate matter, Permits, Reporting and
Recordkeeping requirements, Sulfur oxides.
Dated: May 8, 1996.
Felicia Marcus,
Regional Administrator.
Title 40 of the Code of Federal Regulations, Part 55, is to be
amended as follows:
PART 55--[AMENDED]
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. Sec. 7401
et seq.) as amended by Public Law 101-549.
2. Section 55.14 is amended by revising paragraphs (e)(3)(ii)(F),
(e)(3)(ii)(G), and (e)(3)(ii)(H) to read as follows:
Sec. 55.14 Requirements that apply to OCS sources located within 25
miles of states seaward boundaries, by state.
* * * * *
(e) * * *
(3) * * *
(ii) * * *
(F) Santa Barbara County Air Pollution Control District
Requirements Applicable to OCS Sources, April, 1996.
(G) South Coast Air Quality Management District Requirements
Applicable to OCS Sources (Part I and Part II), April, 1996.
(H) Ventura County Air Pollution Control District Requirements
Applicable to OCS Sources, April, 1996.
* * * * *
3. Appendix A to 40 CFR Part 55 is amended by revising paragraph
(b) (6), (7), and (8) under the heading ``California'' to read as
follows:
Appendix A to 40 CFR Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State
* * * * *
California
* * * * *
(b) * * *
* * * * *
(6) The following requirements are contained in Santa Barbara
County Air Pollution Control District Requirements Applicable to OCS
Sources, April 1996:
Rule 102 Definitions (Adopted 7/30/91)
Rule 103 Severability (Adopted 10/23/78)
Rule 201 Permits Required (Adopted 7/2/79)
Rule 202 Exemptions to Rule 201 (Adopted 3/10/92)
Rule 203 Transfer (Adopted 10/23/78)
Rule 204 Applications (Adopted 10/23/78)
Rule 205 Standards for Granting Applications (Adopted 7/30/91)
Rule 206 Conditional Approval of Authority to Construct or Permit
to Operate (Adopted 10/15/91)
[[Page 28759]]
Rule 207 Denial of Application (Adopted 10/23/78)
Rule 210 Fees (Adopted 5/7/91)
Rule 212 Emission Statements (Adopted 10/20/92)
Rule 301 Circumvention (Adopted 10/23/78)
Rule 302 Visible Emissions (Adopted 10/23/78)
Rule 304 Particulate Matter-Northern Zone (Adopted 10/23/78)
Rule 305 Particulate Matter Concentration-Southern Zone (Adopted
10/23/78)
Rule 306 Dust and fumes-Northern Zone (Adopted 10/23/78)
Rule 307 Particulate Matter Emission Weight Rate-Southern Zone
(Adopted 10/23/78)
Rule 308 Incinerator Burning (Adopted 10/23/78)
Rule 309 Specific Contaminants (Adopted 10/23/78)
Rule 310 Odorous Organic Sulfides (Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted 10/23/78)
Rule 312 Open Fires (Adopted 10/2/90)
Rule 316 Storage and Transfer of Gasoline (Adopted 12/14/93)
Rule 317 Organic Solvents (Adopted 10/23/78)
Rule 318 Vacuum Producing Devices or Systems-Southern Zone (Adopted
10/23/78)
Rule 321 Control of Degreasing Operations (Adopted 7/10/90)
Rule 322 Metal Surface Coating Thinner and Reducer (Adopted 10/23/
78)
Rule 323 Architectural Coatings (Adopted 3/16/95)
Rule 324 Disposal and Evaporation of Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and Separation (Adopted 1/25/94)
Rule 326 Storage of Reactive Organic Liquid Compounds (Adopted 12/
14/93)
Rule 327 Organic Liquid Cargo Tank Vessel Loading (Adopted 12/16/
85)
Rule 328 Continuous Emission Monitoring (Adopted 10/23/78)
Rule 330 Surface Coating of Miscellaneous Metal Parts and Products
(Adopted 4/21/95)
Rule 331 Fugitive Emissions Inspection and Maintenance (Adopted 12/
10/91)
Rule 332 Petroleum Refinery Vacuum Producing Systems, Wastewater
Separators and Process Turnarounds (Adopted 6/11/79)
Rule 333 Control of Emissions from Reciprocating Internal
Combustion Engines (Adopted 12/10/91)
Rule 342 Control of Oxides of Nitrogen (NOX from Boilers,
Steam Generators and Process Heaters) (Adopted 03/10/92)
Rule 343 Petroleum Storage Tank Degassing (Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94)
Rule 359 Flares and Thermal Oxidizers (6/28/94)
Rule 370 Potential to Emit--Limitations for Part 70 Sources
(Adopted 6/15/95)
Rule 505 Breakdown Conditions Sections A.,B.1,. and D. only
(Adopted 10/23/78)
Rule 603 Emergency Episode Plans (Adopted 6/15/81)
Rule 702 General Conformity (Adopted 10/20/94)
Rule 1301 Part 70 Operating Permits--General Information (Adopted
11/09/93)
Rule 1302 Part 70 Operating Permits--Permit Application (Adopted
11/09/93)
Rule 1303 Part 70 Operating Permits--Permits (Adopted 11/09/93)
Rule 1304 Part 70 Operating Permits--Issuance, Renewal,
Modification and Reopening (Adopted 11/09/93)
Rule 1305 Part 70 Operating Permits--Enforcement (Adopted 11/09/93)
(7) The following requirements are contained in South Coast Air
Quality Management District Requirements Applicable to OCS Sources,
April 1996:
Rule 102 Definition of Terms (Adopted 11/4/88)
Rule 103 Definition of Geographical Areas (Adopted 1/9/76)
Rule 104 Reporting of Source Test Data and Analyses (Adopted 1/9/
76)
Rule 108 Alternative Emission Control Plans (Adopted 4/6/90)
Rule 109 Recordkeeping for Volatile Organic Compound Emissions
(Adopted 3/6/92)
Rule 201 Permit to Construct (Adopted 1/5/90)
Rule 201.1 Permit Conditions in Federally Issued Permits to
Construct (Adopted 1/5/90)
Rule 202 Temporary Permit to Operate (Adopted 5/7/76)
Rule 203 Permit to Operate (Adopted 1/5/90)
Rule 204 Permit Conditions (Adopted 3/6/92)
Rule 205 Expiration of Permits to Construct (Adopted 1/5/90)
Rule 206 Posting of Permit to Operate (Adopted 1/5/90)
Rule 207 Altering or Falsifying of Permit (Adopted 1/9/76)
Rule 208 Permit for Open Burning (Adopted 1/5/90)
Rule 209 Transfer and Voiding of Permits (Adopted 1/5/90)
Rule 210 Applications (Adopted 1/5/90)
Rule 212 Standards for Approving Permits (Adopted 8/12/94) except
(c)(3) and (e)
Rule 214 Denial of Permits (Adopted 1/5/90)
Rule 217 Provisions for Sampling and Testing Facilities (Adopted 1/
5/90)
Rule 218 Stack Monitoring (Adopted 8/7/81)
Rule 219 Equipment Not Requiring a Written Permit Pursuant to
Regulation II (Adopted 8/12/94)
Rule 220 Exemption--Net Increase in Emissions (Adopted 8/7/81)
Rule 221 Plans (Adopted 1/4/85)
Rule 301 Permit Fees (Adopted 6/10/94) except (e)(3)and Table IV
Rule 304 Equipment, Materials, and Ambient Air Analyses (Adopted 6/
10/94)
Rule 304.1 Analyses Fees (Adopted 6/10/94)
Rule 305 Fees for Acid Deposition (Adopted 10/4/91)
Rule 306 Plan Fees (Adopted 6/10/94)
Rule 309 Fees for Regulation XVI (Adopted 6/10/94)
Rule 401 Visible Emissions (Adopted 4/7/89)
Rule 403 Fugitive Dust (Adopted 7/9/93)
Rule 404 Particulate Matter--Concentration (Adopted 2/7/86)
Rule 405 Solid Particulate Matter--Weight (Adopted 2/7/86)
Rule 407 Liquid and Gaseous Air Contaminants (Adopted 4/2/82)
Rule 408 Circumvention (Adopted 5/7/76)
Rule 409 Combustion Contaminants (Adopted 8/7/81)
Rule 429 Start-Up and Shutdown Provisions for Oxides of Nitrogen
(Adopted 12/21/90)
Rule 430 Breakdown Provisions, (a) and (e) only (Adopted 5/5/78)
Rule 431.1 Sulfur Content of Gaseous Fuels (Adopted 10/2/92)
Rule 431.2 Sulfur Content of Liquid Fuels (Adopted 5/4/90)
Rule 431.3 Sulfur Content of Fossil Fuels (Adopted 5/7/76)
Rule 441 Research Operations (Adopted 5/7/76)
Rule 442 Usage of Solvents (Adopted 3/5/82)
Rule 444 Open Fires (Adopted 10/2/87)
Rule 463 Organic Liquid Storage (Adopted 3/11/94)
Rule 465 Vacuum Producing Devices or Systems (Adopted 11/1/91)
Rule 468 Sulfur Recovery Units (Adopted 10/8/76)
Rule 473 Disposal of Solid and Liquid Wastes (Adopted 5/7/76)
Rule 474 Fuel Burning Equipment-Oxides of Nitrogen (Adopted 12/4/
81)
Rule 475 Electric Power Generating Equipment (Adopted 8/7/78)
Rule 476 Steam Generating Equipment (Adopted 10/8/76)
Rule 480 Natural Gas Fired Control Devices (Adopted 10/7/77)
Addendum to Regulation IV (Effective 1977)
Rule 701 General (Adopted 7/9/82)
Rule 702 Definitions (Adopted 7/11/80)
Rule 704 Episode Declaration (Adopted 7/9/82)
Rule 707 Radio--Communication System (Adopted 7/11/80)
Rule 708 Plans (Adopted 7/9/82)
Rule 708.1 Stationary Sources Required to File Plans (Adopted 4/4/
80)
Rule 708.2 Content of Stationary Source Curtailment Plans (Adopted
4/4/80)
Rule 708.4 Procedural Requirements for Plans (Adopted 7/11/80)
Rule 709 First Stage Episode Actions (Adopted 7/11/80)
Rule 710 Second Stage Episode Actions (Adopted 7/11/80)
Rule 711 Third Stage Episode Actions (Adopted 7/11/80)
Rule 712 Sulfate Episode Actions (Adopted 7/11/80)
Rule 715 Burning of Fossil Fuel on Episode Days (Adopted 8/24/77)
Regulation IX--New Source Performance Standards (Adopted 4/8/94)
Rule 1106 Marine Coatings Operations (Adopted 1/13/95)
Rule 1107 Coating of Metal Parts and Products (Adopted 5/12/95)
[[Page 28760]]
Rule 1109 Emissions of Oxides of Nitrogen for Boilers and Process
Heaters in Petroleum Refineries (Adopted 8/5/88)
Rule 1110 Emissions from Stationary Internal Combustion Engines
(Demonstration) (Adopted 11/6/81)
Rule 1110.1 Emissions from Stationary Internal Combustion Engines
(Adopted 10/4/85)
Rule 1110.2 Emissions from Gaseous and Liquid-Fueled Internal
Combustion Engines (Adopted 12/9/94)
Rule 1113 Architectural Coatings (Adopted 9/6/91)
Rule 1116.1 Lightering Vessel Operations-Sulfur Content of Bunker
Fuel (Adopted 10/20/78)
Rule 1121 Control of Nitrogen Oxides from Residential-Type Natural
Gas-Fired Water Heaters (Adopted 3/10/95)
Rule 1122 Solvent Cleaners (Degreasers) (Adopted 4/5/91)
Rule 1123 Refinery Process Turnarounds (Adopted 12/7/90)
Rule 1129 Aerosol Coatings (Adopted 11/2/90)
Rule 1134 Emissions of Oxides of Nitrogen from Stationary Gas
Turbines (Adopted 8/4/89)
Rule 1136 Wood Products Coatings (Adopted 8/12/94)
Rule 1140 Abrasive Blasting (Adopted 8/2/85)
Rule 1142 Marine Tank Vessel Operations (Adopted 7/19/91)
Rule 1146 Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 5/13/94)
Rule 1146.1 Emission of Oxides of Nitrogen from Small Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (Adopted 5/13/94)
Rule 1148 Thermally Enhanced Oil Recovery Wells (Adopted 11/5/82)
Rule 1149 Storage Tank Degassing (Adopted 4/1/88)
Rule 1168 Control of Volatile Organic Compound Emissions from
Adhesive Application (Adopted 12/10/93)
Rule 1171 Solvent Cleaning Operations (Adopted 5/12/95)
Rule 1173 Fugitive Emissions of Volatile Organic Compounds (Adopted
5/13/94)
Rule 1176 Sumps and Wastewater Separators (Adopted 5/13/94)
Rule 1301 General (Adopted 6/28/90)
Rule 1302 Definitions (Adopted 5/3/91)
Rule 1303 Requirements (Adopted 5/3/91)
Rule 1304 Exemptions (Adopted 9/11/92)
Rule 1306 Emission Calculations (Adopted 5/3/91)
Rule 1313 Permits to Operate (Adopted 6/28/90)
Rule 1403 Asbestos Emissions from Demolition/Renovation Activities
(Adopted 4/8/94)
Rule 1610 Old-Vehicle Scrapping (Adopted 1/14/94)
Rule 1701 General (Adopted 1/6/89)
Rule 1702 Definitions (Adopted 1/6/89)
Rule 1703 PSD Analysis (Adopted 10/7/88)
Rule 1704 Exemptions (Adopted 1/6/89)
Rule 1706 Emission Calculations (Adopted 1/6/89)
Rule 1713 Source Obligation (Adopted 10/7/88)
Regulation XVII Appendix (effective 1977)
Rule 1901 General Conformity (Adopted 9/9/94)
Rule 2000 General (Adopted 10/15/93)
Rule 2001 Applicability (Adopted 10/15/93)
Rule 2002 Allocations for oxides of nitrogen (NOX) and oxides
of sulfur (SOx) Emissions (Adopted 3/10/95)
Rule 2004 Requirements (Adopted 10/15/93) except (l) (2 and 3)
Rule 2005 New Source Review for RECLAIM (Adopted 10/15/93) except
(i)
Rule 2006 Permits (Adopted 10/15/93)
Rule 2007 Trading Requirements (Adopted 10/15/93)
Rule 2008 Mobiles Source Credits (Adopted 10/15/93)
Rule 2010 Administrative Remedies and Sanctions (Adopted 10/15/93)
Rule 2011 Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Sulfur (SOx) Emissions (Adopted 10/15/93)
Appendix A Volume IV--(Protocol for oxides of sulfur) (Adopted 3/
10/95)
Rule 2012 Requirements for Monitoring, Reporting, and Recordkeeping
for Oxides of Nitrogen (NOX) Emissions (Adopted 10/15/93)
Appendix A Volume V--(Protocol for oxides of nitrogen) (Adopted 3/
10/95)
Rule 2015 Backstop Provisions (Adopted 10/15/93) except (b)(1)(G)
and (b)(3)(B)
XXXI Acid Rain Permit Program (Adopted 2/10/95)
(8) The following requirements are contained in Ventura County
Air Pollution Control District Requirements Applicable to OCS
Sources, April 1996:
Rule 2 Definitions (Adopted 12/15/92)
Rule 5 Effective Date (Adopted 5/23/72)
Rule 6 Severability (Adopted 11/21/78)
Rule 7 Zone Boundaries (Adopted 6/14/77)
Rule 10 Permits Required (Adopted 6/13/95)
Rule 11 Definition for Regulation II (Adopted 6/13/95)
Rule 12 Application for Permits (Adopted 6/13/95)
Rule 13 Action on Applications for an Authority to Construct
(Adopted 6/13/95)
Rule 14 Action on Applications for a Permit to Operate (Adopted 6/
13/95)
Rule 15.1 Sampling and Testing Facilities (Adopted 10/12/93)
Rule 16 BACT Certification (Adopted 6/13/95)
Rule 19 Posting of Permits (Adopted 5/23/72)
Rule 20 Transfer of Permit (Adopted 5/23/72)
Rule 23 Exemptions from Permits (Adopted 12/13/94)
Rule 24 Source Recordkeeping, Reporting, and Emission Statements
(Adopted 9/15/92)
Rule 26 New Source Review (Adopted 10/22/91)
Rule 26.1 New Source Review--Definitions (Adopted 10/22/91)
Rule 26.2 New Source Review--Requirements (Adopted 10/22/91)
Rule 26.3 New Source Review--Exemptions (Adopted 10/22/91)
Rule 26.6 New Source Review--Calculations (Adopted 10/22/91)
Rule 26.8 New Source Review--Permit To Operate (Adopted 10/22/91)
Rule 26.10 New Source Review--PSD (Adopted 10/22/91)
Rule 28 Revocation of Permits (Adopted 7/18/72)
Rule 29 Conditions on Permits (Adopted 10/22/91)
Rule 30 Permit Renewal (Adopted 5/30/89)
Rule 32 Breakdown Conditions: Emergency Variances, A., B.1., and D.
only. (Adopted 2/20/79)
Rule 33 Part 70 Permits--General (Adopted 10/12/93)
Rule 33.1 Part 70 Permits--Definitions (Adopted 10/12/93)
Rule 33.2 Part 70 Permits--Application Contents (Adopted 10/12/93)
Rule 33.3 Part 70 Permits--Permit Content (Adopted 10/12/93)
Rule 33.4 Part 70 Permits--Operational Flexibility (Adopted 10/12/
93)
Rule 33.5 Part 70 Permits--Timeframes for Applications, Review and
Issuance (Adopted 10/12/93)
Rule 33.6 Part 70 Permits--Permit Term and Permit Reissuance
(Adopted 10/12/93)
Rule 33.7 Part 70 Permits--Notification (Adopted 10/12/93)
Rule 33.8 Part 70 Permits--Reopening of Permits (Adopted 10/12/93)
Rule 33.9 Part 70 Permits--Compliance Provisions (Adopted 10/12/93)
Rule 33.10 Part 70 Permits--General Part 70 Permits (Adopted 10/12/
93)
Rule 34 Acid Deposition Control (Adopted 3/14/95)
Appendix II-B Best Available Control Technology (BACT) Tables
(Adopted 12/86)
Rule 42 Permit Fees (Adopted 7/11/95)
Rule 44 Exemption Evaluation Fee (Adopted 1/8/91)
Rule 45 Plan Fees (Adopted 6/19/90)
Rule 45.2 Asbestos Removal Fees (Adopted 8/4/92)
Rule 50 Opacity (Adopted 2/20/79)
Rule 52 Particulate Matter-Concentration (Adopted 5/23/72)
Rule 53 Particulate Matter-Process Weight (Adopted 7/18/72)
Rule 54 Sulfur Compounds (Adopted 6/14/94)
Rule 56 Open Fires (Adopted 3/29/94)
Rule 57 Combustion Contaminants-Specific (Adopted 6/14/77)
Rule 60 New Non-Mobile Equipment-Sulfur Dioxide, Nitrogen Oxides,
and Particulate Matter (Adopted 7/8/72)
Rule 62.7 Asbestos--Demolition and Renovation (Adopted 6/16/92)
Rule 63 Separation and Combination of Emissions (Adopted 11/21/78)
Rule 64 Sulfur Content of Fuels (Adopted 6/14/94)
Rule 66 Organic Solvents (Adopted 11/24/87)
Rule 67 Vacuum Producing Devices (Adopted 7/5/83)
Rule 68 Carbon Monoxide (Adopted 6/14/77)
[[Page 28761]]
Rule 71 Crude Oil and Reactive Organic Compound Liquids (Adopted
12/13/94)
Rule 71.1 Crude Oil Production and Separation (Adopted 6/16/92)
Rule 71.2 Storage of Reactive Organic Compound Liquids (Adopted 9/
26/89)
Rule 71.3 Transfer of Reactive Organic Compound Liquids (Adopted 6/
16/92)
Rule 71.4 Petroleum Sumps, Pits, Ponds, and Well Cellars (Adopted
6/8/93)
Rule 71.5 Glycol Dehydrators (Adopted 12/13/94)
Rule 72 New Source Performance Standards (NSPS) (Adopted 6/28/94)
Rule 74 Specific Source Standards (Adopted 7/6/76)
Rule 74.1 Abrasive Blasting (Adopted 11/12/91)
Rule 74.2 Architectural Coatings (Adopted 08/11/92)
Rule 74.6 Surface Cleaning and Degreasing (Adopted 5/8/90)
Rule 74.6.1 Cold Cleaning Operations (Adopted 9/12/89)
Rule 74.6.2 Batch Loaded Vapor Degreasing Operations (Adopted 9/12/
89)
Rule 74.7 Fugitive Emissions of Reactive Organic Compounds at
Petroleum Refineries and Chemical Plants (Adopted 1/10/89)
Rule 74.8 Refinery Vacuum Producing Systems, Waste-water Separators
and Process Turnarounds (Adopted 7/5/83)
Rule 74.9 Stationary Internal Combustion Engines (Adopted 12/21/93)
Rule 74.10 Components at Crude Oil Production Facilities and
Natural Gas Production and Processing Facilities (Adopted 6/16/92)
Rule 74.11 Natural Gas-Fired Residential Water Heaters-Control of
NOx (Adopted 4/9/85)
Rule 74.12 Surface Coating of Metal Parts and Products (Adopted 12/
13/94)
Rule 74.15 Boilers, Steam Generators and Process Heaters (5MM BTUs
and greater) (Adopted 11/8/94)
Rule 74.15.1 Boilers, Steam Generators and Process Heaters (1-5MM
BTUs)(Adopted 6/13/95)
Rule 74.16 Oil Field Drilling Operations (Adopted 1/8/91)
Rule 74.20 Adhesives and Sealants (Adopted 6/8/93)
Rule 74.23 Stationary Gas Turbines (Adopted 3/14/95)
Rule 74.24 Marine Coating Operations (Adopted 3/8/94)
Rule 74.26 Crude Oil Storage Tank Degassing Operations (Adopted 11/
8/94)
Rule 74.27 Gasoline and ROC Liquid Storage Tank Degassing
Operations (Adopted 11/8/94)
Rule 74.28 Asphalt Roofing Operations (Adopted 5/10/94)
Rule 74.30 Wood Products Coatings (Adopted 5/17/94)
Rule 75 Circumvention (Adopted 11/27/78)
Appendix IV-A Soap Bubble Tests (Adopted 12/86)
Rule 100 Analytical Methods (Adopted 7/18/72)
Rule 101 Sampling and Testing Facilities (Adopted 5/23/72)
Rule 102 Source Tests (Adopted 11/21/78)
Rule 103 Stack Monitoring (Adopted 6/4/91)
Rule 154 Stage 1 Episode Actions (Adopted 9/17/91)
Rule 155 Stage 2 Episode Actions (Adopted 9/17/91)
Rule 156 Stage 3 Episode Actions (Adopted 9/17/91)
Rule 158 Source Abatement Plans (Adopted 9/17/91)
Rule 159 Traffic Abatement Procedures (Adopted 9/17/91)
Rule 220 General Conformity (Adopted 5/9/95)
* * * * *
[FR Doc. 96-14116 Filed 6-5-96; 8:45 am]
BILLING CODE 6050-50-P
Complete official Federal Register PDF
FR Doc. 96-14114 Acid Rain Program; Elimination of Direct Sale Program and IPP Written Guarantee Program: Final Rule
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28761-28763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14114]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 73
RIN 2060-AG41
[FRL-5513-4]
Acid Rain Program; Elimination of Direct Sale Program and IPP
Written Guarantee Program: Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Title IV of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990, (the Act) authorized the U.S. Environmental
Protection Agency to establish the Acid Rain Program to reduce the
adverse health and ecological effects of acidic deposition. Under the
Acid Rain Program, electric utilities must have an allowance for each
ton of sulfur dioxide (SO2) that their generating facilities emit.
Title IV mandates that EPA hold or sponsor yearly auctions and direct
sales of allowances for a small portion of the total allowances
allocated each year. EPA is also required to make available to new
independent power producers (IPPs) guarantees ensuring priority in
purchasing allowances in the direct sales.
Section 416(c)(7) of the Act directs the Administrator to terminate
the direct sale program if, during any two-year period, less than 20
percent of the allowances available for direct sales have been
purchased. The direct sale and IPP provisions were designed to help
ensure that units, including new IPPs, have a public source of
allowances beyond those already allocated initially. Because no
allowances have been sold through the direct sale program since it
began in June 1993, EPA is revising its regulations to terminate the
direct sales. The allowances available previously in the direct sale
program will now be available in the annual allowance auctions, the
proceeds of which will continue to be returned to the utilities from
which the allowances were withheld. In addition, because the IPP
written guarantee program is implemented through the direct sales and
no applications for such guarantees have been received, EPA is revising
its regulations to terminate the guarantee program.
The rule revision is being issued as a direct final rule because
the Act mandates this action and no adverse comment is expected.
DATES: This direct final rule will be effective on August 5, 1996,
unless significant, adverse comments are received by July 8, 1996. If
significant adverse comments are received on any portion of this direct
final rule, that portion of the direct final rule will be withdrawn
through a notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Kenon Smith, U.S. Environmental
Protection Agency, Acid Rain Division (6204J), 401 M Street, SW,
Washington, D.C. 20460, (202) 233-9164, call the Acid Rain Hotline at
(202) 233-9620, or visit the Acid Rain Program web page at http://
www.epa.gov/docs/acidrain/ardhome.html. All material supporting this
notice is available for viewing and copying under Docket A-96-19, EPA
Air Docket (6102), U.S. Environmental Protection Agency, 401 M Street,
SW., Washington, DC 20460, Telephone (202) 260-7548.
SUPPLEMENTARY INFORMATION: Any significant adverse comments received on
any portion of this direct final rule, by the date listed above, will
be addressed in a subsequent final rule. That final rule will be based
on the relevant portion of the rule revision that is noticed as a
proposed rule in the Proposed Rule Section of this Federal Register and
that is identical to this direct final rule.
EPA's Acid Rain Program established an innovative, market-based
allowance trading system to reduce S02 emissions, one of the
primary precursors of acid rain. Under this system, fossil fuel-fired
power plants, the principal emitters of S02, were allotted
tradeable allowances based on their past fuel usage and emissions. Each
allowance entitles a boiler unit in a plant to emit 1 ton of S02
during or after the year specified in the allowance serial number. At
the end of the year, the number of allowances a unit holds must equal
or exceed the total emissions at that unit; otherwise, stringent
penalties will apply. After the year 2000, the total number of
allowances allocated each year will be about half of what the utility
industry emitted in 1980.
[[Page 28762]]
Allowances may be bought, sold, or banked like any other commodity.
If a unit has surplus allowances, it may sell them to units whose
emissions levels exceed their allowance supply, or it may bank the
allowances for future years.
Because the availability of allowances is crucial to ensure the
economic efficiency of the emissions limitation program and facilitate
the addition of new electric-generating capacity, title IV mandates
that EPA hold or sponsor yearly auctions and direct sales of allowances
for a small portion of the total allowances allocated each year. The
auction and the direct sales include both spot sales (allowances first
usable in the year of sale) and advance sales (allowances first usable
in the 7th year after the year of sale). In addition, title IV requires
that EPA provide a written guarantee ensuring priority for certain new
independent power producers in purchasing allowances in the direct
sales. The auctions, sales, and IPP guarantee provisions of title IV
were designed to help ensure that units, including new IPPs, would have
a public source of allowances beyond those allocated initially.
To supply the sales and auctions with allowances, EPA, as directed
by the Act, has set aside in a Special Allowance Reserve 2.8 percent of
the total annual allowances allocated to all units. During Phase I,
when the allowances allocated total 5.7 million allowances annually,
150,000 allowances are available every year for auctions. During Phase
II, when allowance allocations total 8.95 million allowances yearly,
200,000 allowances are earmarked annually for auctions and 50,000
designated for the direct sales. The Act set the direct sale price for
allowances to be $1,500 per allowance, adjusted by the Consumer Price
Index.
Section 416(c)(7) of the Act directs the Administrator to terminate
the direct sale subaccount and transfer such allowances to the auction
subaccount ``[i]f the Administrator determines that, during any period
of 2 consecutive calendar years, less than 20 percent of the allowances
available in the subaccount for direct sales established under this
subsection have been purchased.'' 42 U.S.C. 76510(c)(7); see also 4O
CFR 73.73(b). Since no allowances have ever been sold through the
direct sale program since it began in 1993, EPA is terminating the
direct sale program, beginning with the 1996 direct sale, and removing
the regulations that established the program.
EPA is also revising part 73 to provide that the allowances
available previously in the direct sale program will now be available
in the annual allowance auctions, the proceeds of which will continue
to be returned to the utilities from which the allowances were
originally withheld. As done in the previous three auctions, unsold
advance allowances from the 1996 direct sale will be sold in the 6-year
advance auction in the 1997 EPA auctions as allowances first usable in
the 6th year after the year of sale. Allowances originally set aside
for the advance direct sale in 1997, and each year thereafter, will be
included in the advance auction of that respective year. Allowances
originally set aside for the direct spot sales beginning in 2000, and
each year thereafter, will be included in the spot auction of each
respective year.
In addition, EPA is eliminating the IPP written guarantee program
(and the relevant regulations) under which IPPs can apply for and
receive priority for purchasing allowances in direct sales. Under
section 417(c), the guarantee program is implemented exclusively
through the direct sale program, which is being terminated. Further,
since the publication of the regulations establishing the guarantee
program in December 1991 (56 FR 65592 (December 17, 1991)), no
applications have been submitted to obtain guaranteed allowances.
Because the Act set the price of guaranteed allowances to be $1,500.00
per allowance, adjusted by the Consumer Price Index (CPI), EPA does not
expect there to be any applications. Sufficient quantities of
allowances are readily available in the private market at prices well
below the guaranteed price.
Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866, 58 FR 51735 (October 4, 1993), the
Administrator must determine whether the regulatory action is
``significant'' and therefore subject to Office of Management and
Budget (OMB) review and the requirements of the Executive Order. The
Order defines ``significant regulatory action'' as one that is likely
to result in a rule that may:
(1) have an annual effect on the economy of Sec. 100 million or
more or adversely affect in a material way the economy, a sector of the
economy, 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 loan 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.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is a ``significant regulatory action''
because the rule seems to raise novel legal or policy issues. As such,
this action was submitted to OMB for review. Any written comments from
OMB to EPA, any written EPA responses to those comments, and any
changes made in response to OMB suggestions or recommendations are
included in the docket. The docket is available for public inspection
at the EPA's Air Docket Section, which is listed in the FOR FURTHER
INFORMATION section of this preamble.
B. Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') requires that the Agency prepare a budgetary impact
statement before promulgating a rule that includes a Federal mandate
that may result in expenditure by State, local, and tribal governments,
in aggregate, or by the private sector, of Sec. 100 million or more in
any one year. Section 203 requires the Agency to establish a plan for
obtaining input from and informing, educating, and advising any small
governments that may be significantly or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the Agency must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The Agency must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the Agency explains why
this alternative is not selected or the selection of this alternative
is inconsistent with law.
Because this direct final rule is estimated to result in the
expenditure by State, local, and tribal governments or the private
sector of less than $100 million in any one year, the Agency has not
prepared a budgetary impact statement or specifically addressed the
selection of the least costly, most cost-effective, or least burdensome
alternative. Because small governments will not be significantly or
uniquely affected by this rule, the Agency is not required to develop a
plan with regard to small governments. However, as discussed in this
preamble, the rule reduces the potential burden on regulated entities
(which may include
[[Page 28763]]
some investor-owned or municipal utilities) of participating in direct
sales or applying for written guarantees.
C. Paperwork Reduction Act
This rule does not provide for any new collection of information
and, in fact, removes some information requirements of the current
regulations. The removal of these requirements reduces the estimated
burden, as compared to the burden under the current regulations, by an
average of 48.5 hours per IPP guarantee application and 1.5 hours per
direct sale application for an overall burden reduction from the
original estimation of 4,850 hours. These estimates include time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. An Information Collection Request document
and estimates of the public reporting burden were prepared in
connection with the current regulations establishing the direct sale
and guarantee programs. 56 FR 65601.
Send comments regarding this collection of analysis or any other
aspect of this collection of information, including suggestions for
reducing the burden, to Chief, Information Policy Branch, EPA, 401 M
Street, SW. (Mail Code 2136), Washington, DC 20460; and to the Office
of Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''
D. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., requires
each federal agency to consider potential impacts of its regulations on
small business ``entities.'' Under 5 U.S.C. 604(a), an agency issuing a
notice of proposed rulemaking must prepare and make available for
public comment a regulatory flexibility analysis. Such an analysis is
not required if the head of an agency certifies that a rule will not
have a significant economic impact on a substantial number of small
entities, pursuant to 5 U.S.C. 605(b).
In the preamble of the current regulations establishing the direct
sale and guarantee programs, the Administrator certified that those
regulations, including the provisions revised by today's final rule,
would not have a significant impact. 56 FR 65601. The final rule
revisions adopted today are not significant enough to change the
economic impact addressed in that preamble. Pursuant to the provisions
of 5 U. S.C. 605(b), I hereby certify that the revised rule will not
have a significant, adverse impact on a substantial number of small
entities.
E. Miscellaneous
In accordance with section 117 of the Act, issuance of this rule
was preceded by consultation with any appropriate advisory committees,
independent experts, and federal departments and agencies.
List of Subjects in 40 CFR Part 73
Environmental protection, Acid rain, Air pollution control,
Electric utilities, Reporting and recordkeeping requirements, and
Sulfur dioxide.
Dated: May 24, 1996.
Carol M. Browner,
Administrator, U.S. Environmental Protection Agency.
For the reasons set forth in the preamble, chapter I of title 40 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: 42 U. S.C. 7601 and 7651, et seq.
2. Section 73.70 is amended by revising table I of paragraph (a) as
follows: Sec. 73.70 Auctions.
(a) * * *
Table I.--Allowance Schedule for Auctions
------------------------------------------------------------------------
Spot Advance Advance
Year of purchase auction auction auction*
------------------------------------------------------------------------
1993..................................... 50,000 a 100,000 b
1994..................................... 50,000 a 100,000 b 25,000 c
1995..................................... 50,000 a 100,000 b 25,000 c
1996..................................... 150,000 100,000 b 25,000 c
1997..................................... 150,000 125,000 b 25,000 c
1998..................................... 150,000 125,000 b
1999..................................... 150,000 125,000 b
2000 and after........................... 125,000 125,000 b
------------------------------------------------------------------------
a Not usable until 1995.
b Not usable until 7 years after purchase.
c Not usable until 6 years after purchase.
*These are unsold advance allowances from the direct sale program for
1993, 1994, 1995, and 1996 respectively.
* * * *
3. Section 73.72 is revised to read as follows:
Sec. 73.72 Direct sales.
Allowances that were formerly part of the direct sale program,
which has been terminated under Sec. 73.73(b), will be included in the
annual allowance auctions in accordance with Sec. 73.70(a).
4. Sections 73.74, 73.75, 73.76, and 73.77 are removed from subpart
E.
[FR Doc. 96-14114 Filed 6-5-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-14102 Cape Lookout National Seashore, Airstrip Closure
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28751-28753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14102]
=======================================================================
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC29
Cape Lookout National Seashore, Airstrip Closure
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) is publishing this final rule
to close the Portsmouth Village Airstrip at Cape Lookout National
Seashore, North Carolina, to the operation of aircraft. The special
regulation is necessary for the operation of the airstrip. Removal of
the special regulation will effectively close the airstrip as a
violation of 36 CFR 2.17. This action is necessary to prevent aircraft
accidents and eliminate a use that is incompatible with preserving the
historic scene in Portsmouth Village, a historic district listed on the
National Register of Historic Places. This rule will protect the flying
public by closing an airstrip that does not comply with Federal
Aviation Administration (FAA) and North Carolina Department of
Transportation safety standards. Closure of the airstrip will also
eliminate the potential for an aircraft accident that could destroy one
or more irreplaceable historic structures, eliminate the anachronistic
intrusion of aircraft in a historic village and provide for the safety
of park visitors who cross the airstrip runway as they walk from
Portsmouth Village to the beach.
EFFECTIVE DATE: This final rule becomes effective on July 8, 1996.
FOR FURTHER INFORMATION CONTACT: A. James Zahradka, Supervisory Park
Ranger, Cape Lookout National Seashore, 131 Charles Street, Harkers
Island, NC. 28531. Telephone 919-728-2250.
SUPPLEMENTARY INFORMATION:
Background
Portsmouth Village Airstrip (Airstrip) is located on the northeast
corner of Portsmouth Village (Village). The Village is geographically
remote because of its location on a part of the outer banks (Core
Banks) not connected to the mainland by bridge. The origins of
Portsmouth Village can be traced back to 1752, when it was authorized
by the Colonial Legislature of North Carolina. There are no permanent
residents in this well-preserved ``ghost town,'' although over 2,000
people visit annually. The historical significance of the Village is
underscored by its listing on the National Register of Historic Places.
Long-term residents of the Village area report that the unpaved
Airstrip was constructed by private individuals for recreational use
shortly after World War II. In this earlier period, the Airstrip was
not as long as it is today, but was leveled and extended to its present
approximate length of 1640 feet in 1959.
The NPS began managing the Airstrip after the State of North
Carolina ceded Core Banks to the Federal Government to establish Cape
Lookout National Seashore (Seashore) in 1976. Operating or using
aircraft on lands and waters managed by the NPS is prohibited (36 CFR
2.17(a)(1)) other than at locations designated pursuant to special
regulations. In 1984, the NPS promulgated a special regulation (36 CFR
7.98(a)) legalizing aircraft operations on the Airstrip. Seashore
management continued to maintain the grass surface and trimmed back
encroaching woody vegetation to the extent that limited funding
allowed.
Recently, the NPS became concerned about potential hazards related
to aircraft operations on the Airstrip. These concerns stem from a
report by an inspector of the North Carolina
[[Page 28752]]
Department of Transportation, Division of Aviation, that the Airstrip
does not meet the following FAA recommended runway standards:
----------------------------------------------------------------------------------------------------------------
Standard Description
----------------------------------------------------------------------------------------------------------------
FAR, Part 77........................................... Each end of the runway should have a 20 to 4 approach
slope. (Obstacles should not exceed more than one foot
of rise for every 20-foot increment of horizontal
distance from the end of a runway).
FAA AC 150/5300-1300................................... Each side of the runway centerline should be clear of
obstacles by at least 125 feet.
----------------------------------------------------------------------------------------------------------------
Instead, brush and small trees up to 12 feet tall grow on the south
end of the Airstrip. Dense brush and trees growing on the Airstrip
edges narrow the area clear of obstacles from the centerline to an
average of only 59 feet, less than half the recommended width.
Although several accidents have occurred to aircraft landing on or
taking off from the Airstrip, only three accidents are officially
documented with the National Transportation Safety Board (NTSB). A
review of these NTSB reports indicates that the Airstrip is considered
``unsuitable terrain'' because it has a soft spot at its center and has
``high obstructions'' (dense brush and trees up to 20 feet tall) lining
the runway.
Protecting irreplaceable historic structures and preserving the
historic scene are also very important concerns related to aircraft
use. One of the most important historic structures in the Village, the
Portsmouth Life Saving Station (Station), is only 101 feet east of the
airstrip centerline. A detached kitchen for the Station is only 78 feet
east of the centerline and the Station stable is only 89 feet west of
the centerline. The possibility of aircraft eventually colliding with
structures so close to the center line is considered high with
continued use of this narrow Airstrip. It would be necessary to move
the Station and nearby associated structures to bring the Airstrip into
compliance with FAA standards. Moving historic structures from their
original locations seriously degrades their historical integrity and
may affect their status on the National Register of Historic Places.
Direct impact is not the only concern of the NPS. The Airstrip and
the Village lie in a mixed brush/maritime forest. Dense vegetation of
this plant community grows inside the Village. Fire from an aircraft
accident in the vicinity of the Airstrip could easily spread from the
brush/forest into the Village and destroy many structures. Because of
the isolated character of the Village, fire suppression services are
minimal. The foot and vehicle trail from the Village to the beach
crosses the Airstrip at the old Lifesaving Station. As a result,
visitors potentially are exposed to aircraft takeoffs and landings
without prior warning. Visitors also desire a quiet, historic scene
when visiting the Village. Aircraft noise and visual intrusions are not
conducive to preserving such a setting.
Approximately 300 of the 2,000+ people visiting the Village
annually arrive by aircraft. (This estimate is based on approximately
75 aircraft landings recorded by staff annually, with an average of
four visitors per aircraft.) An alternate airport, Ocracoke Island
Airport, is just 6 miles from the Airstrip. NPS-authorized ferry boat
services provide transportation between Ocracoke and the Village for
$15 to $20 per person. At least one of these services offers free
ground transportation between Ocracoke Island Airport and the ferry
dock for groups that prefer landing at Ocracoke Island Airport rather
than the Airstrip.
The anticipated costs, approximately $40,000, of clearing
vegetation from the Airstrip centerline and repairing the runway
surface (levelling and resodding) are prohibitive under present funding
levels for the Seashore. The estimated annual cost for maintaining the
grass surface of the Airstrip is $3,000, also prohibitive under present
fiscal constraints.
Summary of Comments Received
On July 12, 1995, the NPS published proposed regulations that would
close Portsmouth Village Airstrip to Aircraft use (60 FR 35887) and
public comment was invited. The comment period closed August 12, 1995.
During the public comment period, the NPS received two written
responses regarding the proposed rule. One responder opposed the
closure. The other sought clarification of the proposed closure.
1. Issue: After affect of closure. One responder was concerned that
government agencies/entities would still use the Airstrip after the
closure and wanted to know if the NPS was planning to post the Airstrip
with signs such as ``Closed to the Recreational Users.'' This responder
was also concerned as to whether the NPS would allow the Airstrip to
revert to a natural state.
Response: The Airstrip will be closed to all aircraft use. The
Airstrip has been removed from the 1996 North Carolina and National
Aeronautical Charts and has been physically marked with an ``X'' at
both ends. At present, the park mows the Airstrip at least once a week
during the grass growing season. This frequency will not be necessary
after the official closure of the airstrip.
The NPS intends to reduce the threat of fire to the historic
district by brushing the undergrowth to bring the area back to its
approximate appearance of the early 1900's. Portions of the present
Airstrip will be maintained as open space.
2. Issue: No reference to a visitor visiting the Village by an
ultra-light aircraft or seaplane.
Response: There is no documented history of the airstrip being used
by an ultra-light aircraft. Seaplanes are prohibited under 36 CFR 2.17.
36 CFR 7.98(a) was promulgated to allow aircraft use of the Airstrip.
3. Issue: Safety and the likelihood of damage to the historical
structures at the end of the airstrip. One responder questioned safety
as a justification for the closure and that the FAA standards cited do
not apply to this Airstrip. The responder felt that the history of
minor damage to planes as a result of the soft runway is not
justification for closure and that most pilots are proficient enough to
prevent becoming stuck.
Response: On August 25, 1989, an Aviation Planner/Inspector with
the North Carolina Department of Transportation visited the Airstrip to
gather information for the FAA Airport Safety Data Program.
At that time, the NPS learned that the Airstrip was in violation of
the ``recommended safety standards''. With the lack of fire and rescue
protection at Portsmouth and, knowing that the airstrip is sub-
standard, the NPS chooses not to add to the risk of the visiting public
nor to increase the risk of damage to the historical structures. No
funds are planned to be allocated in the future to maintain the
Airstrip in a safe and operational condition. With each passing year,
the Airstrip will continue to deteriorate and foot traffic in the area
will increase.
4. Issue: Historical use and significance. One responder commented
on the history of the Airstrip and the
[[Page 28753]]
role aviation played in making Portsmouth more accessible.
Response: The NPS's decision to preserve an area of historical
importance is based on the criteria of its uniqueness and national
significance. It was determined that Portsmouth would preserve American
life in the early 1900's. Aviation history may be interpreted as part
of Portsmouth's history, but preservation of an active airstrip is not
necessary to interpret the area and is incompatible with the early
1900's scene. In recent history, with access to Portsmouth via private
and public vessels and one vehicle ferry, the number of persons
visiting Portsmouth will not be significantly affected by the closure
of the Airstrip.
5. Issue: Delay in concern for hazards. One responder asked why it
took the NPS 11 years to register a concern for the hazards if the
Airstrip was in violation of safety regulations. Specifically, was a
cut in the NPS budget a cause in the delay?
Response: The NPS became aware and concerned about the hazards as a
result of the inspection by the North Carolina Department of
Transportation on August 25, 1989. The NPS then developed cost
estimates for meeting and maintaining the recommended safety standards.
With a decline in use of the Airstrip, the already existing
incompatibility concern, and the high cost of maintaining the Airstrip
to standards, the NPS decided that the Airstrip should be closed. An
``X'' was placed on both ends of the Airstrip and persons who inquired
were advised of the safety conditions. The budget was a factor in the
decision to close the Airstrip, but it was not the only factor.
6. Issue: Recent use statistics. One responder inquired that there
was no mention of historical use of the Airstrip. The responder used
the example of ``1984 landings and takeoff's vs. 1994 landings and
takeoffs.''
Response: No record has been maintained on the amount of use for
the Airstrip other than the 74 flights per year, a figure derived in
the late 1980's. Local observation is that there has been a decline in
aircraft landings annually.
7. Issue: Noise and visual intrusions including military
operations. One responder questioned the noise and visual intrusions,
based on the number of aircraft landings and takeoffs, as not being
significant enough to justify closure. The responder added that
military air operations in the area pose a far greater intrusion to the
quiet setting of Portsmouth Village.
Response: The NPS agrees that the noise level of military jets
overhead presents an intrusion, but this intrusion is for a short
duration measured in seconds. The NPS has a Memorandum of Understanding
with the United States Marine Corps stating that air operations will be
no closer than 2 miles to the south of the Village and at an altitude
of not less than 500 feet.
Summary and Conclusion
The Airstrip does not comply with FAA safety standards and the
flying public should not be exposed to the potential hazards associated
with operating aircraft from a substandard airstrip. The taxpayer
should not risk liability for an aircraft accident resulting from a
defect in the Airstrip. Derogating the historical significance of
nearby National Register structures to accommodate aircraft operations
is not justifiable. Even if funding levels allowed compliance with
safety standards, low visitor use and availability of a nearby
alternate airport with connecting transportation services suggest that
such an expenditure is neither cost-effective nor justifiable. For
these reasons, the NPS is closing Portsmouth Village Airstrip by
deleting Section 7.98(a) of Title 36 Code of Federal Regulations.
Drafting Information
The primary authors of this rule are Felix Revello, Chief Ranger,
Fort Larned National Historic Site, Charles Harris, Chief of
Operations, Cape Lookout National Seashore, and Dennis Burnett,
Washington Office of Ranger Activities, National Park Service.
Paperwork Reduction Act
This final rule does not contain collections of information
requiring approval by the Office of Management and Budget under the
Paperwork Reduction Act of 1995.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq). The economic effects of this rulemaking are
local in nature and negligible in scope.
The NPS has determined that this final rule will not have a
significant effect on the quality of human environment, health, and
safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce non-compatible uses which compromise the nature and
characteristics of the area or cause physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, this rule is categorically excluded
from the procedural requirements of the National Environmental Policy
Act (NEPA) by Departmental regulations in 516 DM 6, (49 FR 21438). As
such, neither an Environmental Impact Statement (EIS) nor an
Environmental Assessment (EA) has been prepared.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, 36 CFR Chapter I is amended as
follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).
Sec. 7.98 [Removed]
2. Section 7.98 is removed.
Dated: May 29, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-14102 Filed 6-5-96; 8:45 am]
BILLING CODE 4310-70-P
Complete official Federal Register PDF
FR Doc. 96-14051 Airworthiness Directives; Aviat Aircraft, Inc. Models S-1S, S-1T, S-2, S-2A, S-2S, and S-2B Airplanes (Formerly Known as Pitts Models S- 1S, S-1T, S-2, S-2A, S-2S, and S-2B Airplanes)
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28730-28732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14051]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 96-CE-23-AD; Amendment 39-9645; AD 96-12-03]
RIN 2120-AA64
Airworthiness Directives; Aviat Aircraft, Inc. Models S-1S, S-1T,
S-2, S-2A, S-2S, and S-2B Airplanes (Formerly Known as Pitts Models S-
1S, S-1T, S-2, S-2A, S-2S, and S-2B Airplanes)
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to certain Aviat Aircraft, Inc. (Aviat) Models S-1S, S-1T, S-2,
S-2A, S-2S, and S-2B airplanes that are equipped with aft lower
fuselage wing attach fittings incorporating either part number (P/N)
76090, 2-2107-1, or 1-210-102. This action requires repetitively
inspecting the aft lower fuselage wing attach fitting on both wings for
cracks and modifying any cracked aft lower fuselage wing attach
fitting. Modifying the aft lower fuselage wing attach fitting on both
wings eliminates the repetitive inspection requirement of the AD.
Several reports of cracked fuselage wing attach fittings on the
affected airplanes prompted this action. The actions specified by this
AD are intended to prevent possible in-flight separation of the wing
from the airplane caused by a cracked fuselage wing attach fitting.
DATES: Effective June 24, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 24, 1996.
Comments for inclusion in the Rules Docket must be received on or
before August 9, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 96-CE-23-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106.
[[Page 28731]]
Service information that applies to this AD may be obtained from
Aviat Aircraft, Inc., P.O. Box 1240 (postal service delivery), 672
South Washington Street (express mail), Afton, Wyoming 83110. This
information may also be examined at the FAA, Central Region, Office of
the Assistant Chief Counsel, Attention: Rules Docket 96-CE-23-AD, Room
1558, 601 E. 12th Street, Kansas City, Missouri 64106; or at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Mr. Roger Caldwell, Aerospace
Engineer, FAA, Denver Aircraft Certification Office, 5440 Roslyn
Street, suite 133, Denver, Colorado 80216; telephone (303) 286-5683;
facsimile (303) 286-5689.
SUPPLEMENTARY INFORMATION:
Events Leading to the AD
The FAA has received 11 reports of the aft lower fuselage wing
attach fittings cracking on Aviat Models S-1S, S-1T, S-2, S-2A, S-2S,
and S-2B airplanes. Five of these incidents were reported on in-service
airplanes and six were found defective during Aviat's in-house
manufacturing process. Each of the cracked aft lower fuselage wing
attach fittings incorporate either part number (P/N) 76090, P/N 2-2107-
1, or P/N 1-210-102. If not detected and corrected, a cracked aft lower
fuselage wing attach fitting could lead to in- flight separation of the
wing from the airplane.
Further analysis of the design of the P/N 76090, 2-2107-1, and 1-
210-102 aft lower fuselage wing attach fittings reveals a bend radius
that could reduce the fatigue life and subsequently make the parts more
susceptible to cracking. Aviat started manufacturing airplanes in 1990
with aft lower fuselage wing attach fittings with a larger bend radius.
The FAA has received no reports of cracking on airplanes incorporating
attach fittings that incorporate this larger bend radius design.
Aviat has issued Service Bulletin (SB) No. 25, dated April 3, 1996,
which specifies procedures for inspecting and modifying the aft lower
fuselage wing attach fittings incorporating either P/N 76090, 2-2107-1,
and 1-210-102.
After examining the circumstances and reviewing all available
information related to the incidents described above, the FAA has
determined that AD action should be taken to prevent possible in-flight
separation of the wing from the airplane caused by a cracked fuselage
wing fitting.
Explanation of the Provisions of the AD
Since an unsafe condition has been identified that is likely to
exist or develop in other Aviat Models S-1S, S-1T, S-2, S-2A, S-2S, and
S-2B airplanes of the same type design that are equipped with aft lower
fuselage wing attach fittings incorporating either P/N 76090, 2-2107-1,
or 1-210-102, this AD requires repetitively inspecting the aft lower
fuselage wing attach fitting on both wings for cracks, and modifying
any cracked aft lower fuselage wing attach fitting. Modifying the aft
lower fuselage wing fitting on both wings eliminates the repetitive
inspection requirement of this AD. Accomplishment of the required
actions is in accordance with Aviat SB No. 25, dated April 3, 1996.
Since a situation exists (possible in-flight separation of the wing
from the airplane) that requires the immediate adoption of this
regulation, it is found that notice and opportunity for public prior
comment hereon are impracticable, and that good cause exists for making
this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting immediate flight safety and, thus, was not
preceded by notice and opportunity to comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified above. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended in light of the comments received. Factual
information that supports the commenter's ideas and suggestions is
extremely helpful in evaluating the effectiveness of the AD action and
determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 96-CE-23-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and is not a significant regulatory action under
Executive Order 12866. It has been determined further that this action
involves an emergency regulation under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979). If it is determined that
this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
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 a new airworthiness directive
(AD) to read as follows:
96-12-03 Aviat Aircraft, Inc.: Amendment 39-9645; Docket No. 96-
CE-23-AD.
Applicability: Models S-1S, S-1T, S-2, S-2A, S-2S, and S-2B
airplanes (formerly
[[Page 28732]]
known as Pitts Models S-1S, S-1T, S-2, S-2A, S-2S, and S-2B
airplanes), all serial numbers, certificated in any category, that
are equipped with aft lower fuselage wing attach fittings
incorporating part number (P/N) 76090, 2-2107-1, or 1-210-102, and
where these aft lower fuselage wing attach fittings on both wings
have not been modified in accordance with the ACCOMPLISHMENT
INSTRUCTIONS section of Aviat Service Bulletin (SB) No. 25, dated
April 3, 1996.
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 (e) 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 initially within the next 50 hours
time-in-service (TIS) after the effective date of this AD, unless
already accomplished, and thereafter at intervals not to exceed 50
hours TIS.
To prevent possible in-flight separation of the wing from the
airplane caused by a cracked aft lower fuselage wing attach fitting,
accomplish the following:
(a) Inspect the aft lower fuselage wing attach fitting on both
wings for cracks in accordance with the ACCOMPLISHMENT INSTRUCTIONS
section of Aviat Service Bulletin (SB) No. 25, dated April 3, 1996.
(b) If any cracked aft lower fuselage wing attach fitting is
found during any inspection required by this AD, prior to further
flight, modify the cracked aft lower fuselage wing attach fitting in
accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Aviat SB
No. 25, dated April 3, 1996. Repetitive inspections are no longer
necessary on a cracked aft lower fuselage wing attachment fitting
that has the referenced modification incorporated.
(c) Modifying the aft lower fuselage wing attach fitting on both
wings in accordance with the ACCOMPLISHMENT INSTRUCTIONS section of
Aviat SB No. 25, dated April 3, 1996, is considered terminating
action for the repetitive inspection requirement of this AD.
(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) An alternative method of compliance or adjustment of the
initial or repetitive compliance times that provides an equivalent
level of safety may be approved by the Manager, Denver Aircraft
Certification Office, 5440 Roslyn Street, suite 133, Denver,
Colorado 80216. The request shall be forwarded through an
appropriate FAA Maintenance Inspector, who may add comments and then
send it to the Manager, Denver ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Denver ACO.
(f) The inspection and modification (if necessary) required by
this AD shall be done in accordance with Aviat Service Bulletin No.
25, dated April 3, 1996. This incorporation by reference was
approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Aviat
Aircraft, Inc., P.O. Box 1240 (postal service delivery), 672 South
Washington Street (express mail), Afton, Wyoming 83110. Copies may
be inspected at the FAA, Central Region, Office of the Assistant
Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri,
or at the Office of the Federal Register, 800 North Capitol Street,
NW., suite 700, Washington, DC.
(g) This amendment (39-9645) becomes effective on June 24, 1996.
Issued in Kansas City, Missouri, on May 29, 1996.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 96-14051 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14045 Compatibility With the International Atomic Energy Agency; Correction
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28723-28725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14045]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 71
RIN 3150--AC41
Compatibility With the International Atomic Energy Agency;
Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
[[Page 28724]]
SUMMARY: This document presents corrections to a final rule that was
published September 28, 1995 (60 FR 50248). This action is necessary to
correct printing errors in three tables, an inadvertent error in an
equation, an incorrect cross-reference, and the inadvertent use of a
specialized term.
EFFECTIVE DATE: The final rule became effective April 1, 1996.
FOR FURTHER INFORMATION CONTACT: John R. Cook, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Telephone (301) 415-8521.
SUPPLEMENTARY INFORMATION: On September 28, 1995 (60 FR 50248), the NRC
published a final rule that revised NRC regulations in 10 CFR Part 71
governing the transportation of radioactive material, to make them
compatible with those of the International Atomic Energy Agency.
This document corrects the use of a specialized term in paragraphs
(2)(ii) and (3)(i) of the definition of Low Specific Activity (LSA)
material in 10 CFR 71.4. This document also corrects Tables A-2 and A-3
of Appendix A to Part 71 to remove an extra ``x'' in the presentation
of exponents throughout the tables and the isotope of uranium
referenced in footnote 1 to Table A-3.
In addition, this document corrects a typographical error in the
Minimum Transport Index equation in 10 CFR 71.18, an incorrect cross-
reference in 10 CFR 71.55, and a number of typographical errors in
Table A-1 of Appendix A to Part 71.
Each of the errors being corrected in this document was
inadvertently included in the final rule for publication in the Federal
Register.
List of Subjects in 10 CFR Part 71
Criminal penalties, Hazardous materials transportation, Nuclear
materials, Packaging and containers, Reporting and recordkeeping
requirements.
Accordingly, 10 CFR Part 71 is corrected by making the following
correcting amendments:
PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
1. The authority citation for Part 71 continues to read as follows:
Authority: Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat.
930, 932, 933, 935, 948, 953, 954, as amended, Sec. 1701, 106 Stat.
2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201,
2232, 2233, 2297f); Secs. 201, as amended, 202, 206, 88 Stat. 1242,
as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 71.97 also issued under Sec. 301, Pub. L. 96-295, 94 Stat.
789-790.
2. In 10 CFR 71.4, paragraphs (2)(ii) and (3)(i) of the definition
of Low Specific Activity (LSA) material are revised to read as follows:
Sec. 71.4 Definitions.
* * * * *
Low Specific Activity (LSA) material. * * *
(2) * * *
(ii) Material in which the radioactive material is distributed
throughout, and the average specific activity does not exceed 10-4
A2/g for solids and gases, and 10-5 A2/g for liquids.
(3) * * *
(i) The radioactive material is distributed throughout a solid or a
collection of solid objects, or is essentially uniformly distributed in
a solid compact binding agent (such as concrete, bitumen, ceramic,
etc.); and
* * * * *
Sec. 71.18 [Amended]
3. In 10 CFR 71.18(d)(1), the equation for the Minimum
Transportation Index is revised to read as follows:
[GRAPHIC] [TIFF OMITTED] TR06JN96.011
Sec. 71.55 [Amended]
4. In 10 CFR 71.55(d)(3), the cross-reference to
``Sec. 71.59(b)(1)'' is revised to read ``10 CFR 71.59(a)(1).''
Appendix A to Part 71 [Amended]
5. Table A-1 of Appendix A to Part 71 is amended as follows:
a. For the entry ``Ag-110m,'' Column (TBq/g) is revised to read
``1.8 x 102.''
b. For the entry ``Am-242m,'' Column (Ci/g) is revised to read
``1.0 x 101.''
c. For the entry ``Ar-39,'' Column (TBq/g) is revised to read
``1.3.''
d. For the entry ``Br-82,'' Column A1 (Ci) is revised to read
``10.8.''
e. For the entry ``C-11,'' Column A1 (Ci) is revised to read
``27.''
f. For the entry ``Cd-113m,'' Column (TBq/g) is revised to read
``8.3.''
g. For the entry ``Cm-244,'' Column A1 (Ci) is revised to read
``108'' and Column (Ci/g) is revised to read ``8.1 x 101.''
h. For the entry ``Es-253,'' Column A1 (TBq) is revised to
read ``200,'' Column A1 (Ci) is revised to read ``5400,'' Column
A2 (TBq) is revised to read ``2 x 10-2,'' and Column A2
(Ci) is revised to read ``5.41 x 10-1.''
i. For the entry ``Eu-150,'' Column (Ci/g) is revised to read
``1.6 x 106.''
j. For the entry ``Eu-155,'' Column (Ci/g) is revised to read
``4.9 x 102.''
k. For the entry ``F-18,'' Column (TBq/g) is revised to read
``3.5 x 106.''
l. For the entry ``Fe-59,'' Column (Ci/g) is revised to read
``5.0 x 104.''
m. For the entry ``Fm-257,'' Column A1 (TBq) is revised to
read ``10,'' Column A1 (Ci) is revised to read ``270,'' Column
A2 (TBq) is revised to read ``8 x 10-3,'' and Column A2
(Ci) is revised to read ``2.16 x 10-1.''
n. For the entry ``Gd-148,'' Column (TBq/g) is revised to read
``1.2'' and Column (Ci/g) is revised to read ``3.2 x 101.''
o. The entry for MFP is corrected to read ``For mixed fission
products, use formula for mixtures or table A-2.''
p. For the entry ``Pt-197m,'' Column (TBq/g) is revised to read
``3.7 x 105.''
5. In Appendix A to Part 71, Tables A-2 and A-3 are revised to read
as follows:
Appendix A to Part 71--Determination of A1 and A2
* * * * *
Table A-2.--General Values for A1 and A2
----------------------------------------------------------------------------------------------------------------
A1 A2
Contents ------------- (Ci) -----------------------
(TBq) (TBq) (Ci)
----------------------------------------------------------------------------------------------------------------
Only beta- or gamma-emitting nuclides are known to be present. 0.2 5 0.02 0.5
[[Page 28725]]
Alpha-emitting nuclides are known to be present, or no
relevant data are available.................................. 0.10 2.70 2x10-5 5.41x10-4
----------------------------------------------------------------------------------------------------------------
Table A-3.--Activity-mass Relationships for Uranium
------------------------------------------------------------------------
Specific Activity
Uranium Enrichment1 wt % U-235 present ---------------------------------
TBq/g Ci/g
------------------------------------------------------------------------
0.45................................. 1.8 x 10-8 5.0 x 10-7
0.72................................. 2.6 x 10-8 7.1 x 10-7
1.0.................................. 2.8 x 10-8 7.6 x 10-7
1.5.................................. 3.7 x 10-8 1.0 x 10-6
5.0.................................. 1.0 x 10-7 2.7 x 10-6
10.0................................. 1.8 x 10-7 4.8 x 10-6
20.0................................. 3.7 x 10-7 1.0 x 10-5
35.0................................. 7.4 x 10-7 2.0 x 10-5
50.0................................. 9.3 x 10-7 2.5 x 10-5
90.0................................. 2.2 x 10-6 5.8 x 10-5
93.0................................. 2.6 x 10-6 7.0 x 10-5
95.0................................. 3.4 x 10-6 9.1 x 10-5
------------------------------------------------------------------------
\1\The figures for uranium include representative values for the
activity of the uranium-234 that is concentrated during the enrichment
process.
Dated at Rockville, MD this 29th day of May 1996.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-14045 Filed 6-5-96; 8:45 am]
BILLING CODE 7590-01-P
Complete official Federal Register PDF
FR Doc. 96-14037 Airworthiness Directives; McDonnell Douglas Model MD-11 Series Airplanes
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28736-28738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14037]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-56-AD; Amendment 39-9652; AD 96-12-10]
RIN 2120-AA64
Airworthiness Directives; McDonnell Douglas Model MD-11 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to certain McDonnell Douglas Model MD-11 series
airplanes. This action requires either the application of a vapor
sealant on the back of the receptacle of the auxiliary power unit (APU)
power feeder cable; or a visual inspection for gold-plating and
evidence of damage of the connector contacts of the power feeder cable
of the APU generator, and various follow-on actions. This amendment is
prompted by reports of burning and arcing of these connector contacts.
The actions specified in this AD are intended to reduce the potential
for a fire hazard as a result of such burning or arcing.
DATES: Effective June 21, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 21, 1996.
Comments for inclusion in the Rules Docket must be received on or
before August 5, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-56-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
The service information referenced in this AD may be obtained from
McDonnell Douglas Corporation, 3855 Lakewood Boulevard, Long Beach,
California 90846, Attention: Technical Publications Business
Administration, Department C1-L51 (2-60). This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Transport Airplane Directorate,
Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Brett Portwood, Aerospace Engineer,
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount
Boulevard, Lakewood, California 90712; telephone (310) 627-5347; fax
(310) 627-5210.
SUPPLEMENTARY INFORMATION: The FAA has received several reports of
burning and arcing of the connector contacts (pins/sockets) of the
power feeder cable of the auxiliary power unit (APU) generator on Model
MD-11 series airplanes. This condition was indicated by the inability
to electrically power the airplane using APU generator power. In all
cases, the connector and receptacle were heat-damaged beyond repair.
The associated power feeder cables also sustained heat damage.
Investigation revealed that the connector contacts had been nickel
plated during production. These connector contacts must be gold plated
to be able to withstand the loads applied. Burning and arcing of the
connector contacts of the power feeder cable of the APU generator, if
not corrected, could result in potential fire hazard.
[[Page 28737]]
Explanation of Relevant Service Information
The FAA has reviewed and approved McDonnell Douglas Alert Service
Bulletin MD11-24A104, dated May 7, 1996, which describes procedures for
application of a vapor sealant on the back of the receptacle of the APU
power feeder cable. Applying the vapor sealant will reduce the
possibility of fire or burning until the remainder of the actions
specified in the alert service bulletin can be accomplished.
The alert service bulletin also describes procedures for a one-time
visual inspection for color (gold plating) and evidence of damage of
the connector contacts (pins/sockets) of the power feeder cable of the
APU generator located in the upper left corner of the APU compartment
in the forward bulkhead. It also describes procedures for replacement
of damaged pins and sockets with gold-plated pins and sockets, or
deactivation of the electrical operation of the APU until such
replacement is accomplished. The alert service bulletin specifies that
the visual inspection and replacement or deactivation (if necessary)
actions eliminate the need for applying a vapor sealant.
Additionally, the alert service bulletin describes procedures for
eventual replacement of undamaged pins and sockets that are nickel-
plated or made of copper (brass), with gold-plated pins and sockets.
Explanation of the Requirements of the Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other Model MD-11 series airplanes of the same type
design, this AD is being issued to reduce the potential for a fire
hazard as a result of burning and arcing of the connector contacts of
the power feeder cable of the APU generator. This AD requires either:
1. The application of a vapor sealant on the back of the receptacle
of the APU power feeder cable; or
2. A one-time visual inspection for color (gold-plating) and
evidence of damage of the connector contacts (pins/sockets) of the
power feeder cable of the APU generator; and either replacement of
damaged pins and sockets with gold-plated pins and sockets, or
deactivation of the electrical operation of the APU until such
replacement is accomplished.
The actions are required to be accomplished in accordance with the
alert service bulletin described previously.
This AD is considered to be interim action. The FAA may consider
further rulemaking action to require operators who install the vapor
sealant to eventually accomplish the one-time visual inspection (and
follow-on actions) and the replacement of nickel-plated or copper
(brass) pins and sockets with gold-plated pins and sockets. However,
the compliance time that the FAA is considering for accomplishment of
those actions are sufficiently long so that prior notice and time for
public comment will be practicable.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-56-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-12-10 McDonnell Douglas: Amendment 39-9652. Docket 96-NM-56-AD.
Applicability: Model MD-11 series airplanes; as listed McDonnell
Douglas Alert Service Bulletin MD11-24A104, dated May 7, 1996;
certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this
[[Page 28738]]
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 reduce the potential for a fire hazard as a result of burning
and arcing of the connector contacts of the power feeder cable of
the auxiliary power unit (APU) generator, accomplish the following:
(a) Within 60 days after the effective date of this AD,
accomplish the actions specified in either paragraph (a)(1) or
(a)(2) of this AD:
(1) Apply a vapor sealant on the back of the APU power feeder
cable receptacle in accordance with McDonnell Douglas Alert Service
Bulletin MD11-24A104, dated May 7, 1996. Or
(2) Accomplish the actions specified in both paragraph (a)(2)(i)
and (a)(2)(ii) of this AD in accordance with McDonnell Douglas Alert
Service Bulletin MD11-24A104, dated May 7, 1996.
(i) Perform a one-time visual inspection for color (gold-
plating) and evidence of damage of the connector contacts (pins/
sockets) of the power feeder cable of the APU generator located in
the upper left corner of the APU compartment in the forward
bulkhead; and
(ii) Replace any damaged pin or socket with a gold-plated pin or
socket, or deactivate the electrical operation of the APU until such
replacement is accomplished.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Los Angeles ACO. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Los Angeles ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Los Angeles ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The actions shall be done in accordance with McDonnell
Douglas Alert Service Bulletin MD11-24A104, dated May 7, 1996. This
incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from McDonnell Douglas Corporation, 3855
Lakewood Boulevard, Long Beach, California 90846, Attention:
Technical Publications Business Administration, Department C1-L51
(2-60). Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
FAA, Transport Airplane Directorate, Los Angeles Aircraft
Certification Office, 3960 Paramount Boulevard, Lakewood,
California; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
(e) This amendment becomes effective on June 21, 1996.
Issued in Renton, Washington, on May 30, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14037 Filed 6-05-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-14036 Airworthiness Directives; Canadair Model CL-215-1A10 Series Airplanes
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28733-28736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14036]
-----------------------------------------------------------------------
[[Page 28734]]
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-NM-61-AD; Amendment 39-9653; AD 96-12-11]
RIN 2120-AA64
Airworthiness Directives; Canadair Model CL-215-1A10 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to all Canadair Model CL-215-1A10 series airplanes. This
action requires repetitive inspections to detect discrepancies of the
microswitches fitted at the water door actuator, and replacement of any
discrepant microswitch. This action also requires a terminating action
for the repetitive inspections. This amendment is prompted by a report
indicating that the water doors on one airplane opened inadvertently
during flight, due to corrosion of the microswitches fitted to the
water door actuator. The actions specified in this AD are intended to
prevent such uncommanded opening of the water doors, especially at high
speed during a takeoff run, a water pick-up run, or a landing run,
which could cause damage to the airplane.
DATES: Effective June 21, 1996.
-The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 21, 1996.
-Comments for inclusion in the Rules Docket must be received on or
before August 5, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 96-NM-61-AD, 1601 Lind Avenue, SW., Renton,
Washington 98055-4056.
-The service information referenced in this AD may be obtained from
Bombardier, Inc., Canadair Aerospace Group, P.O. Box 6087, Station
Centre-ville, Quebec H3C 3G9, Canada. This information may be examined
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW.,
Renton, Washington; or at the FAA, New York Aircraft Certification
Office, Engine and Propeller Directorate, 10 Fifth Street, Third Floor,
Valley Stream, New York; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Michelle Maurer, Aerospace Engineer,
New York Aircraft Certification Office, Systems & Flight Test Branch
(ANE-172), Engine and Propeller Directorate, 10 Fifth Street, Third
Floor, Valley Stream, New York 11581; telephone (516) 256-7508; fax
(516) 568-2716.
SUPPLEMENTARY INFORMATION: Transport Canada Aviation, which is the
airworthiness authority for Canada, has notified the FAA that an unsafe
condition may exist on all Canadair Model CL-215-1A10 series airplanes.
Transport Canada Aviation advises that there has been an incident in
which the water doors on one airplane inadvertently opened during
flight. Investigation revealed that the cause of this malfunction of
the doors was due to corrosion of the microswitches that are fitted to
the water door actuators. The uncommanded opening of these doors at
high speed during the takeoff run, water pick-up run, or landing run
could cause serious damage to the airplane.
Explanation of Relevant Service Information
-Canadair has issued Alert Service Bulletin 215-A363, dated March
16, 1987. This service bulletin describes procedures for (1) performing
repetitive visual inspections to detect corrosion of the microswitches
fitted to the water door actuator; (2) conducting repetitive resistance
checks and insulation checks of the left-hand (LH) and right-hand (RH)
water door actuator microswitches; and (3) replacing any discrepant
microswitch. Transport Canada Aviation classified this service bulletin
as mandatory and issued Canadian Airworthiness Directive CF-87-08 R1,
dated December 7, 1990, in order to assure the continued airworthiness
of these airplanes in Canada.
Canadair also has issued Service Bulletin 215-389, Revision 1,
dated September 30, 1991, which describes procedures for modifying the
water door microswitches. The modification entails replacing the LH and
RH water door actuator microswitches, installing a relay channel and
two relays, and modifying related wiring. Transport Canada Aviation has
classified this service bulletin as ``recommended.''
FAA's Conclusions
-This airplane model is manufactured in Canada and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.19) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, Transport Canada Aviation has kept
the FAA informed of the situation described above. The FAA has examined
the findings of Transport Canada Aviation, reviewed all available
information, and determined that AD action is necessary for products of
this type design that are certificated for operation in the United
States.
Explanation of the Requirements of the Rule
-Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent the
inadvertent opening of the water doors during flight due to the
problems associated with corrosion of the microswitches fitted at the
water door actuator. This AD requires repetitive inspections to detect
discrepancies of these microswitches, and replacement of any discrepant
microswitch. This AD requires modification of the water door
microswitches as terminating action for the repetitive inspections The
actions are required to be accomplished in accordance with the service
bulletins described previously.
Differences Between this AD and Related Canadian AD
-Operators should note that this AD differs from the related
Canadian Airworthiness Directive CF-87-08 R1 in that this AD requires
the accomplishment of the terminating action for the repetitive
inspections of the microswitches. The FAA has determined that long term
continued operational safety will be better assured by modifications or
design changes to remove the source of the problem, rather than by
repetitive inspections. Long term inspections may not be providing the
degree of safety assurance necessary for the transport airplane fleet.
This, coupled with a better understanding of the human factors
associated with numerous repetitive inspections, has led the FAA to
consider placing less emphasis on special procedures and more emphasis
on design improvements. The modification requirement of this AD is in
consonance with these considerations.
Cost Impact
-None of the Model CL-215-1A10 series airplanes affected by this
action are on the U.S. Register. All airplanes included in the
applicability of this rule currently are operated by non-U.S. operators
under foreign registry; therefore, they are not directly affected by
this AD action. However, the FAA considers that this rule is necessary
to ensure that the unsafe condition is
[[Page 28735]]
addressed in the event that any of these subject airplanes are imported
and placed on the U.S. Register in the future.
-Should an affected airplane be imported and placed on the U.S.
Register in the future, it would require approximately 2 work hours to
accomplish the required inspections, at an average labor charge of $60
per work hour. Based on these figures, the cost impact of these
required inspections would be $120 per airplane per inspection.
-Accomplishment of the terminating modification would require
approximately 40 work hours, at an average labor charge of $60 per work
hour. Required parts would cost approximately $2,900 per airplane.
Based on these figures, the cost impact of this required modification
would be $5,300 per airplane.
Determination of Rule's Effective Date
-Since this AD action does not affect any airplane that is
currently on the U.S. register, it has no adverse economic impact and
imposes no additional burden on any person. Therefore, notice and
public procedures hereon are unnecessary and the amendment may be made
effective in less than 30 days after publication in the Federal
Register.
Comments Invited
-Although this action is in the form of a final rule and was not
preceded by notice and opportunity for public comment, comments are
invited on this rule. Interested persons are invited to comment on this
rule by submitting such written data, views, or arguments as they may
desire. Communications shall identify the Rules Docket number and be
submitted in triplicate to the address specified under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
-Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 96-NM-61-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a
significant economic impact, positive or negative, on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
96-12-11 Canadair: Amendment 39-9653. Docket 96-NM-61-AD.
Applicability: Model CL-215-1A10 series airplanes, certificated
in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) 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 in the inadvertent opening of the water doors due to
corrosion associated with the microswitches fitted to the water door
actuator, accomplish the following:
(a) Within 30 days after the effective date of this AD, conduct
an inspection to detect discrepancies of the left-hand (LH) and
right-hand (RH) microswitches, part number (P/N) 21EN9-6, fitted to
the water door actuator, in accordance with paragraphs 2.D. and 2.E.
of the Accomplishment Instructions of Canadair Alert Service
Bulletin 215-A363, dated March 16, 1987.
(b) If no discrepancy is detected during the inspection required
by paragraph (a) of this AD, repeat the inspection in accordance
with the following schedule:
(1) For microswitches that have accumulated less than 5 calendar
years and less than 1,000 total flight hours at the time of the
inspection: Repeat the inspection at intervals not to exceed 240
flight hours.
(2) For microswitches that have accumulated 5 or more calendar
years, or 1,000 or more flight hours at the time of the inspection:
Repeat the inspection at intervals not to exceed 50 flight hours.
(c) If any discrepancy is detected during an inspection required
by paragraph (a) or (b) of this AD, prior to further flight,
accomplish the action specified in either paragraph (c)(1) or (c)(2)
of this AD:
(1) Replace the microswitch with a serviceable microswitch of
the same part number in accordance with paragraph F. of the
Accomplishment Instructions of Canadair Alert Service Bulletin 215-
A363, dated March 16, 1987. After replacement, repeat the inspection
in accordance with the schedule specified in paragraph (b) of this
AD.
(2) Modify the water door microswitches in accordance with
Canadair Service Bulletin 215-389, Revision 1, dated September 30,
1991. Accomplishment of this modification constitutes terminating
action for the repetitive inspection requirements of this AD.
(d) Within 2 years after the effective date of this AD, modify
the water door microswitches in accordance with Canadair Service
Bulletin 215-389, Revision 1, dated September 30, 1991. This
modification constitutes terminating action for the requirements of
this AD.
Note 2: Accomplishment of this modification in accordance with
Canadair
[[Page 28736]]
Service Bulletin 215-389, dated November 15, 1988, prior to the
effective date of this AD, is considered acceptable for compliance
with this paragraph.
(e) 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, New York Aircraft Certification
Office (ACO), FAA, Engine and Propeller Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, New York ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO. -
(f) 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.
(g) The inspections shall be done in accordance with Canadair
Alert Service Bulletin 215-A363, dated March 16, 1987. The
modification shall be done in accordance with Canadair Service
Bulletin 215-389, Revision 1, dated September 30, 1991. 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 Bombardier, Inc., Canadair Aerospace
Group, P.O. Box 6087, Station Centre-ville, Quebec H3C 3G9, Canada.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, New York
Aircraft Certification Office, Engine and Propeller Directorate, 10
Fifth Street, Third Floor, Valley Stream, New York; or at the Office
of the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(h) This amendment becomes effective on June 21, 1996.
Issued in Renton, Washington, on May 30, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14036 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-14032 Airworthiness Directives; Twin Commander Aircraft Corporation 500, 680, and 690 Series Airplanes
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28738-28740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14032]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 96-CE-22-AD; Amendment 39-9650; AD 96-12-08]
RIN 2120-AA64
Airworthiness Directives; Twin Commander Aircraft Corporation
500, 680, and 690 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts a new airworthiness directive (AD) that
applies to Twin Commander Aircraft Corporation (Twin Commander) 500,
680, and 690 series airplanes that do not have a nose landing gear drag
link bolt with the manufacturer's serial number, manufacture date, and
the last three digits of the drawing number, 055, on the bolt head.
This action requires replacing the nose landing gear (NLG) drag link
bolt with one that has been manufactured with the proper heat
treatment. This action was prompted by the failure of an improperly
heat treated NLG drag link bolt causing collapse of the nose landing
gear on a certain Twin Commander Model 690B airplane while taxiing. The
actions specified by this AD are intended to prevent the NLG from
collapsing, which if not corrected, could result in loss of the
airplane.
DATES: Effective June 27, 1996.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of June 27, 1996.
Comments for inclusion in the Rules Docket must be received on or
before July 29, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 96-CE-22-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106.
Service information that applies to this AD may be obtained from
Twin Commander Aircraft Corporation, 19010 59th Dr. NE, Arlington,
Washington, 98223-7832; telephone (360) 435-9797; facsimile (360) 435-
1112. This information may also be examined at the Federal Aviation
Administration (FAA), Central Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket 96-CE-22-AD, Room 1558, 601 E. 12th
Street, Kansas City, Missouri 64106; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: David D. Swartz, Aerospace Engineer,
FAA, Seattle Aircraft Certification Office, 1601 Lind Ave. S.W.,
Renton, Washington, 98055-4056; telephone (206) 227-2624; facsimile
(206) 227-1181.
SUPPLEMENTARY INFORMATION: The FAA has recently received an accident
report on a certain Twin Commander Model 690B airplane. The accident
was caused by the failure of the nose landing gear (NLG) after the NLG
drag link bolt, part number (P/N) ED 10055, broke. Further
investigation revealed that the bolt had not been heat treated properly
during manufacture, thus making it weak and the NLG susceptible to
collapse during landing or taxiing operations. Additional bolts in two
other manufactured lots also failed the Rockwell Hardness test,
resulting in the need to replace all of these NLG drag link bolts.
Twin Commander has issued service bulletin (SB) 224, Revision A,
dated April 24, 1996 which specifies replacing the NLG drag link bolt
with an approved heat treated bolt.
Note: Although it is not required by this AD, the FAA recommends
that the owner/operator return the removed bolt to the factory for
testing.
After examining the circumstances and reviewing all available
information related to the incidents described above, the FAA has
determined that AD action should be taken to prevent the NLG from
failing, which if not corrected, could result in loss of the airplane.
Since an unsafe condition has been identified that is likely to
exist or develop in other Twin Commander 500, 680, and 690 series
airplanes of the same type design, this AD requires replacing the NLG
drag link bolt with an approved heat treated bolt which has the
manufacturer's serial number, manufacture date, and the last three
digits of the drawing number, 055, on the bolt head. The actions are to
be done in accordance with the instructions in
[[Page 28739]]
Twin Commander SB 224, Revision A, dated April 24, 1996.
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for public
prior comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting immediate flight safety and, thus, was not
preceded by notice and opportunity to comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified above. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended in light of the comments received. Factual
information that supports the commenter's ideas and suggestions is
extremely helpful in evaluating the effectiveness of the AD action and
determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 96-CE-22-AD.'' The postcard will be date stamped and
returned to the commenter.
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation and that must be issued immediately to correct an unsafe
condition in aircraft, and is not a significant regulatory action under
Executive Order 12866. It has been determined further that this action
involves an emergency regulation under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979). If it is determined that
this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
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 USC 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding a new airworthiness directive
(AD) to read as follows:
96-12-08. Twin Commander Aircraft Corporation: Amendment 39-9650;
Docket No. 96-CE-22-AD.
Applicability: The following Model and serial number airplanes,
certificated in any category.
------------------------------------------------------------------------
Models Serial Nos.
------------------------------------------------------------------------
500S.............................. 3185, 3228, 3230, 3262, and 3291.
500U.............................. 1765.
680F.............................. 1195.
681..................... 6027.
690............................... 11035, 11053, 11068, and 11074.
690A.............................. 11111, 11134, 11146, 11173, 11177,
11205, 11215, 11237, 11271, 11273,
and 11282.
690B.............................. 11360, 11382, 11409, 11424, 11451,
11455, 11463, 11491, 11513, 11535,
11536, and 11539.
690C.............................. 11638, 11676, 11689, and 11719.
690D.............................. 15041.
695............................... 95010, 95033, and 96066.
695A.............................. 69010, 69041, 69056, and 69061.
------------------------------------------------------------------------
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 (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required within the next 10 hours time-in-service
(TIS), unless already accomplished.
To prevent the nose landing gear (NLG) from collapsing, which if
not corrected, could result in loss of the airplane, accomplish the
following:
(a) Replace the NLG drag link bolt, part number (P/N) ED 10055,
with a new bolt in accordance with the INSTRUCTIONS section of Twin
Commander Service Bulletin 224, Revision A, dated April 24, 1996.
(b) The new replacement bolt must be marked with the
manufacturer's serial number, the date of manufacture, and the last
three digits of the drawing number, 055, on the bolt head.
Note 2: Although not required by this AD, it is highly
recommended that the removed bolt (P/N ED 10055) be returned to Twin
Commander for Rockwell Hardness testing.
(c) As of the effective date of this AD, no person shall install
an NLG drag link bolt that does not have the manufacturer's serial
number, manufacture date, and the last three digits of the drawing
number, 055, on the bolt head.
(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) An alternative method of compliance (which would include
Rockwell Hardness test) or adjustment of the compliance time that
provides an equivalent level of safety may be approved by the
Manager, Seattle Aircraft Certification Office, 1601 Lind Ave. S.W.,
Renton, Washington, 98055-4056. The request shall be forwarded
through an appropriate FAA Maintenance Inspector, who may add
comments and then send it to the Manager, Seattle Aircraft
Certification Office.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Seattle Aircraft Certification Office.
(f) The replacement required by this AD shall be done in
accordance with Twin Commander Aircraft Corporation Service Bulletin
224, Revision A, dated April 24, 1996. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained
[[Page 28740]]
from Twin Commander Aircraft Corporation, 19010 59th Dr. NE,
Arlington, Washington, 98223-7832; telephone (360) 435-9797;
facsimile (360) 435-1112. Copies may be inspected at the FAA,
Central Region, Office of the Assistant Chief Counsel, Room 1558,
601 E. 12th Street, Kansas City, Missouri, or at the Office of the
Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
(g) This amendment (39-9650) becomes effective on June 27, 1996.
Issued in Kansas City, Missouri, on May 30, 1996.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-14032 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 96-14027 Rules for Determining the Country of Origin of a Good for Purposes of Annex 311 of the North American Free Trade Agreement
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28932-28980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14027]
[[Page 28931]]
_______________________________________________________________________
Part II
Department of the Treasury
_______________________________________________________________________
Customs Service
_______________________________________________________________________
19 CFR Part 10, et al.
Rules for Determining the Country of Origin of a Good for Purposes of
Annex 311 of the North American Free Trade Agreement; Final Rule
Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules
and Regulations
[[Page 28932]]
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 10, 12, 102 and 134
[T.D. 96-48]
RIN 1515-AB34
Rules for Determining the Country of Origin of a Good for
Purposes of Annex 311 of the North American Free Trade Agreement
AGENCY: Customs Service, Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document adopts as a final rule, with some modifications,
interim amendments to the Customs Regulations which established the
rules for determining when the country of origin of a good is one of
the parties to the North American Free Trade Agreement (NAFTA) as
required by Annex 311 of the NAFTA. These final NAFTA Marking Rules
apply only to all goods imported from Canada or Mexico other than
textile and apparel products, and do not apply to trade with other
countries.
EFFECTIVE DATE: August 5, 1996. These regulations shall apply to goods
entered, or withdrawn from warehouse, for consumption on or after
August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Sandra L. Gethers, Office of
Regulations and Rulings (202-482-6980).
SUPPLEMENTARY INFORMATION:
Background
On January 3, 1994 Customs published two documents in the Federal
Register. One of these documents, T.D. 94-4 (59 FR 110), set forth as
interim regulations, effective January 1, 1994, rules for determining
the country of origin of goods for purposes of Annex 311 of the North
American Free Trade Agreement (NAFTA). The other document (59 FR 141)
proposed (1) to apply the same rules (set forth at 59 FR 110) to
determine the country of origin of merchandise in all cases under the
Customs and related laws and the navigation laws of the United States
and (2) to amend various provisons within parts 4, 10, 12, 134 and 177
of the Customs Regulations (19 CFR parts 4, 10, 12, 134 and 177) to
ensure that these rules would control wherever language requiring a
country of origin determination appears in those other regulatory
provisions; this notice of proposed rulemaking represented a refinement
and replacement of an earlier proposal published in the Federal
Register on September 25, 1991 (56 FR 48448). Both documents provided
for a 90-day public comment period, subsequently extended to July 5,
1994, by notices published in the Federal Register on March 10, 1994
(59 FR 11225) and March 11, 1994 (59 FR 11547). On February 3, 1994, a
notice was published in the Federal Register (59 FR 5082) setting forth
corrections to the interim regulations contained in T.D. 94-4.
The rules set forth in T.D. 94-4 were made effective January 1,
1994, for trade with Canada and Mexico in order to fulfill the United
States obligation under paragraph 1 of NAFTA Annex 311 which provides
that the parties to the NAFTA shall establish, by January 1, 1994,
rules (referred to as ``Marking Rules'') for determining whether a good
is a good of a party (that is, whether the country of origin of a good
is either the United States, Canada or Mexico) for purposes of the
following NAFTA Annexes: (1) Annex 311 (Country of Origin Marking); (2)
Annex 300-B (Textile and Apparel Goods); and (3) Annex 302.2 (Tariff
Elimination). T.D. 94-4 set forth these interim ``Marking Rules'' as a
new part 102 of the Customs Regulations (19 CFR Part 102), entitled
``Rules of Origin'', and also set forth consequential conforming
interim amendments to existing sections within parts 12 and 134 of the
Customs Regulations (19 CFR parts 12 and 134).
Interim part 102 consists of Secs. 102.0-102.20 and, following
Sec. 102.0 (Scope), is divided into two subparts. Subpart A is entitled
``General'' and consists of Sec. 102.1 (Definitions), and Subpart B is
entitled ``Rules of Origin'' and consists of Secs. 102.11 through
102.20. Section 102.11 sets forth the general rules for determining the
country of origin of a good and consists of paragraphs (a) through (d)
which are applied in a hierarchical and sequential manner. Thus,
reference must be had first to paragraph (a) which provides that the
country of origin of a good is: under subparagraph (1), the country in
which the good is wholly obtained or produced; under subparagraph (2),
the country in which the good is produced exclusively from domestic
materials; or, under subparagraph (3), the country in which each
foreign material incorporated in the good undergoes an applicable
change in tariff classification set out in Sec. 102.20 and/or satisfies
any other applicable requirements contained in that section or
elsewhere in part 102. If the country of origin cannot be determined
under paragraph (a) because the good does not meet the terms of
subparagraph (1), (2) or (3), then resort must be had to paragraph (b)
and, if that fails, then to paragraph (c) and, if that fails, finally
to paragraph (d). Sections 102.12-102.19 set forth additional rules
that serve to interpret, clarify, limit or otherwise control the
application of the general rules contained in Sec. 102.11 as well as
the specific rules contained in Sec. 102.20. Section 102.20 contains
the specific change in tariff classification rules and/or related
requirements referred to in the country of origin rule set forth in
Sec. 102.11(a)(3); the rules in Sec. 102.20 are set forth for each
Harmonized Tariff Schedule of the United States (HTSUS) chapter, and
the applicable rule is determined by the HTSUS tariff classification
that is applicable to the finished good at the time the country of
origin determination is being made.
In view of the fact that the January 3, 1994, notice of proposed
rulemaking presented the same regulatory scheme as the rules contained
in T.D. 94-4, each document referred to the other and stated that
public comments submitted in response to either document would be
considered in connection with the review of both documents. The notice
of proposed rulemaking further indicated that the background section
and interim Part 102 regulatory texts set forth in T.D. 94-4 were
applicable to it. Thus, it was intended that the two documents be read
together so that, following public notice and comment procedures, one
final rule document could be derived from the interim and proposed rule
documents, consistent with the overall goal of promulgating uniform
rules of origin for Customs and related purposes.
Based on a review of the comments received in response to the
interim and proposed rule documents published in the Federal Register
on January 3, 1994, and as a result of independent review of the
interim and proposed texts within Customs, it was determined that some
clarification and further explanation of the intent behind the proposed
uniform rule concept should be provided and that some changes should be
made to the interim and proposed texts and that those changes should be
the subject of public notice and comment procedures before proceeding
to the final rule stage in this matter; the interim texts as published
in T.D. 94-4 (and as subsequently corrected) would remain in effect
pending completion of such final rule action. In addition, Customs
determined that public comments should be solicited regarding the
appropriate use of a delayed effective date for any final rule
resulting from the interim and proposed rules and from any additional
proposed changes to those interim and proposed rules.
[[Page 28933]]
Accordingly, on May 5, 1995, Customs published in the Federal
Register (60 FR 22312) a document that (1) provided supplemental
background information regarding the proposed uniform rule concept, (2)
set forth proposals to amend the interim regulatory texts contained in
T.D. 94-4 published at 59 FR 110 and corrected at 59 FR 5082, (3)
republished (and thus replaced) all of the proposed regulatory
amendments published at 59 FR 141 on January 3, 1994, with certain
changes thereto, and (4) also invited public comments on the
appropriate effective date for a final rule on this matter. The May 5,
1995, document stated that it was the intention of Customs to address
in that document only those comments submitted in response to the
January 3, 1994, notices that involved substantive changes to the
interim or proposed texts requiring further public comment procedures;
other such previously submitted comments would be addressed in an
appropriate final rule or other document to be published at a later
date. Comments would be accepted and considered in response to that
document only in regard to (1) the proposed changes to the interim
regulatory texts as discussed and set forth therein, (2) all other
proposed regulatory amendments as discussed and set forth therein which
represented a substantive change to the proposals published on January
3, 1994, and (3) the final rule delayed effective date issue.
Therefore, comments which concerned other issues involved in the
January 3, 1994, documents, or which did not otherwise relate to the
new proposals set forth in the May 5, 1995, document, would not be
accepted and considered by Customs. The May 5, 1995, document also
stated that, for purposes of that document, the background sections of
the January 3, 1994, interim and proposed rule documents were
applicable except where otherwise required by a change set forth in
that document. The May 5, 1995, document provided for a 45-day public
comment period which was subsequently extended to July 19, 1995, by a
notice published in the Federal Register on June 5, 1995 (60 FR 29520).
After publication of the May 5, 1995, notice of proposed
rulemaking, additional issues came to the attention of Customs that
warranted publication of further proposed changes to the interim
regulatory texts published in T.D. 94-4, with opportunity for public
comment thereon. Accordingly, on July 12, 1995, Customs published in
the Federal Register (60 FR 35878) a notice of proposed rulemaking
setting forth additional proposed changes to the tariff shift and other
requirements of interim Sec. 102.20. Final action on the additional
proposals set forth in that document also would be reflected in the
single final rule document intended, as stated in the May 5, 1995,
document, to cover both the T.D. 94-4 interim regulations and the
subsequently published proposed regulatory amendments. Since that July
12, 1995, document set forth proposals that were in addition to the
proposed changes to the T.D. 94-4 interim regulations contained in the
May 5, 1995, proposed rule document, the background section of that May
5, 1995, document was stated to be applicable for purposes of the July
12, 1995, document except where otherwise required by a change set
forth in the latter document. Comments submitted in response to the
July 12, 1995, document would be accepted and considered only to the
extent that they address specific proposals set forth in that document;
comments submitted in regard to matters raised in the May 5, 1995,
proposed rule document that were not related to a specific proposal
contained in the July 12, 1995, document would remain subject to the
public comment period specified in the earlier document. The public
comment period specified in the July 12, 1995, document closed on
August 28, 1995, and a correction document involving the Background
discussion in that document was published in the Federal Register on
July 31, 1995 (60 FR 38982).
Deferral of Decision to Extend Section 102 to All Trade
Customs has decided that the proposal to extend Section 102 to all
trade, as reflected in the May 5, 1995, notice of proposed rulemaking,
should not be adopted as a final rule at this time but rather should
remain under consideration for implementation at a later date.
Accordingly, this final rule document concerns only the interim NAFTA
Marking Rules (as amended by T.D. 95-69 discussed above) and related
interim texts published on January 3, 1994, and those proposed
regulatory amendments published on May 5 and July 12, 1995, that relate
only to those interim texts, with certain changes thereto as discussed
elsewhere in this document. Thus, this document does not include those
May 5, 1995, proposed regulatory changes under the uniform rule concept
involving part 10 (Secs. 10.12, 10.14, 10.171, 10.176, 10.191 and
10.195), part 12 (Sec. 12.130), part 102 (Sec. 102.0), part 134
(Secs. 134.1 and 134.35) and part 177 (Sec. 177.22). Consequently,
those submitted public comments that addressed the proposed regulatory
changes that would apply a uniform method of determining origin to all
trade, including the delayed effective date issue, are not discussed in
this document but rather will be dealt with, as appropriate, in a
future Federal Register document once a final decision is taken on
whether to apply a uniform method of determining origin to all trade.
Rules of Origin for Textile and Apparel Products
On September 5, 1995, Customs published in the Federal Register (60
FR 46188) T.D. 95-69 which set forth final amendments to the Customs
Regulations to implement the provisions of section 334(b) of the
Uruguay Round Agreements Act (``the Act''), Public Law 103-465, 108
Stat. 4809, regarding the country of origin of textile and apparel
products. Those final regulations will apply to goods entered, or
withdrawn from warehouse, for consumption on or after July 1, 1996,
and, except for the purpose of identifying products of Israel and
except as otherwise provided for by statute, will govern the
determination of the country of origin of imported textile and apparel
products for purposes of all laws enforced by Customs. The regulatory
provisions in T.D. 95-69 that implement the basic origin principles of
section 334(b) of the Act are contained in a new Sec. 102.21 of the
Customs Regulations (19 CFR 102.21), and, in order to reflect the broad
applicability and precedence of the statutory origin principles as
implemented by those Sec. 102.21 rules, T.D. 95-69 also included
consequential cross-reference amendments to Secs. 12.130, 102.0 and
102.11 of the Customs Regulations (19 CFR 12.130, 102.0 and 102.11).
New Sec. 102.21 was modeled on the approach taken in the interim
Part 102 texts as published in T.D. 94-4 and thus incorporates a
general statement of applicability (paragraph (a)), various definitions
(paragraph (b)), general origin rules (paragraphs (c) and (d)), and
specific tariff shift and/or other requirements (paragraph (e)) that
apply under the second general rule. Of particular note for purposes of
the present document is the definition of ``textile or apparel
product'' in Sec. 102.21(b)(5) which delineates the class of goods
covered by the Sec. 102.21 rules. That definition identifies those
goods with reference to classification in the HTSUS and refers to
Chapters 50 through 63 (that is, all of Section XI) of the HTSUS as
well as to specific headings and 6-, 8- or 10-digit subheadings of the
HTSUS that fall outside Section XI. Thus, if a good is classifiable in
an HTSUS provision
[[Page 28934]]
listed in Sec. 102.21(b)(5), precedence must be given to the
Sec. 102.21 rules over any other regulatory origin provision with
regard to that good, including any origin rules contained elsewhere in
part 102. The consequential amendments to Secs. 12.130, 102.0 and
102.11 mentioned above were intended to reflect this precedence
principle.
In view of the precedence that must be given to the Sec. 102.21
origin rules which were adopted as a final rule after the completion of
separate public notice and comment procedures, it is clear that, for
purposes of the present document, all earlier public comments as
regards any goods now covered by Sec. 102.21 relating to textile and
apparel products (that is, those submitted in response to the interim
and proposed rule documents discussed above) have been rendered moot
and thus are no longer relevant. Accordingly, this document contains no
substantive discussion of any such comments insofar as they involve
Sec. 102.21 goods.
Since the Sec. 102.21 origin rules will also apply for the purposes
cited elsewhere in part 102 (that is, in Sec. 102.0), Customs believes
that all appearances of possible conflict between the two sets of rules
should be avoided. In keeping with the precedence to be given to the
Sec. 102.21 rules, the most appropriate means for accomplishing this is
(1) to remove, or otherwise exclude, from the table under Sec. 102.20
all those HTSUS references, together with their related tariff shift
and/or other requirements, that are included in the Sec. 102.21(b)(5)
definition of ``textile or apparel product'' and (2) in order to ensure
continuity of regulatory standards, to provide that the regulations set
forth in this final rule document will take effect on July 1, 1996,
when the Sec. 102.21 provisions become operative (see Sec. 102.21(a)).
Accordingly, the following changes have been made to the Sec. 102.20
table as set forth below to reflect these considerations:
1. The listing for subheading 3005.90 has been removed.
2. A new Chapter 39 Note has been added to provide that origin
shall be determined under the provisions of Sec. 102.21 in the case of
goods classified in subheadings 3921.12.15, 3921.13.15, and
3921.90.2550.
3. Since the new Chapter 42 Note as proposed in the May 5, 1995,
document would be superseded by the Sec. 102.21 provisions, this
proposed Note has been modified to simply provide that origin shall be
determined under the provisions of Sec. 102.21 in the case of goods
classified in subheadings 4202.12.40-80, 4202.22.40-80, 4202.32.40-95,
4202.92.15-30, and 4202.92.60-90.
4. The Section XI provisions have been removed.
5. The Chapter 64 Note has been modified by adding a sentence at
the end to provide that origin shall be determined under the provisions
of Sec. 102.21 in the case of goods classified in subheadings
6405.20.60, 6406.10.77, 6406.10.90, and 6406.99.15.
6. Since the new Chapter 65 Note as proposed in the May 5, 1995,
document would be superseded by the Sec. 102.21 provisions, this
proposed Note has been omitted.
7. The listing for headings 6501-6502 has been removed.
8. The listing for headings 6503-6506 has been replaced by the
following: (1) A listing for subheading 6505.10 (hair-nets), which
specifies a change to that subheading from any other subheading; and
(2) a listing for heading 6506, which follows the interim tariff shift
rules for headings 6503-6506 but with one consequential editorial
change in the first rule.
9. The listing for heading 6601 has been removed.
10. A new Chapter 70 Note has been added to provide that origin
shall be determined under the provisions of Sec. 102.21 in the case of
goods classified in subheadings 7019.19.15 and 7019.19.28 (subheadings
7019.10.15 and 7019.10.28 in the interim texts--see the 1996 HTSUS
conforming changes discussion below).
11. The listing for subheading 7019.20 has been removed.
12. The listing for subheadings 8708.10-8708-29 has been replaced
by separate listings for subheading 8708.10 and for subheading 8708.29,
with the tariff shift rule in each case following the interim rule.
13. The listing for headings 8804-8805 has been replaced by a
listing for heading 8805, with consequential editorial changes to the
interim tariff shift rule to reflect that only one heading is involved.
14. A new Chapter 91 Note has been added to provide that origin
shall be determined under the provisions of Sec. 102.21 in the case of
goods classified in subheading 9113.90.40.
15. The new Chapter 94 Note proposed in the May 5, 1995, document
has been modified by adding a sentence at the end to provide that
origin shall be determined under the provisions of Sec. 102.21 in the
case of goods classified in subheadings 9404.90.10 and 9404.90.80-95.
16. The listing for subheading 9502.91 has been removed.
17. A new Chapter 96 Note has been added to provide that origin
shall be determined under the provisions of Sec. 102.21 in the case of
goods classified in subheading 9612.10.9010.
In addition, for the above reasons and based on the considerations
reflected in the below comment discussion regarding Sec. 102.19(a),
references to ``Sec. 102.21'' have been added to the texts of
Secs. 102.13, 102.15 and 102.17 as set forth below.
Changes to Conform to 1996 HTSUS
A number of conforming changes have been made to the table under
Sec. 102.20 as set forth in this document, principally to the tariff
shift rules therein, to reflect changes included in the 1996 version of
the HTSUS as a result of amendments made to the international
Harmonized System. Those HTSUS changes involve primarily the product
coverage and/or numbering of some headings and subheadings, and the
conforming changes reflected in the Sec. 102.20 texts in this document
are not intended to have any other substantive effect. The specific
Sec. 102.20 conforming changes incorporated in this document are
reflected in the text of Note 1 to Section VI and in the following
heading and subheading listings: 0405.10, 0405.20, 0405.90, 0406,
0901.90, 1520, 1521-1522, 1903, 1904.10, 1904.20, 1904.90, 1905,
2106.90, 2207, 2208.20-2208.70, 2208.90, 2836.99, 2841.61-2841.69,
2848, 2849.10-2849.90, 2903.11-2903.30, 2903.41-2903.49, 2903.51-
2904.90, 2905.11-2905.19, 2905.45, 2914.31-2914.39, 2914.40-2914.70,
2932.11-2932.99, 3206.11-3206.19, 3206.20-3209.90, 3214.10-3214.90,
3302, 3304.10-3306.10, 3306.20, 3306.90-3307.90, 3402.11, 3402.12-
3402.20, 3502.11-3502.19, 3502.20-3502.90, 3823.11-3823.13, 3823.19,
3823.70, 3824.10, 3824.20, 3824.30, 3824.40, 3824.50, 3824.60, 3824.71-
3824.90, 4823.60-4823.70, 4823.90, 7019.11-7019.19, 7019.40-7019.59,
7116, 7507.11-7508.90, 7616.10-7616.99, 7907, 8005, 8406.10, 8406.81-
8406.82, 8456.10-8456.99, 8469.11-8469.12, 8469.20-8469.30, 8470.10-
8471.50, 8471.60-8472.90, 8475.10, 8475.21-8475.29, 8476.21-8476.89,
8506.10, 8506.30, 8506.40, 8506.50-8506.80, 8510.10-8510.30, 8517.11-
8517.80, 8519.10-8519.40, 8519.92-8519.93, 8519.99, 8520.10-8520.20,
8520.32, 8520.33, 8520.39-8520.90, 8521.10 8521.90, 8525.30-8525.40,
8527.12-8527.13, 8527.19-8527.90, 8528.12-8528.30, 8539.10-8539.31,
8539.32-8539.39, 8539.41-8539.49, 8540.11-8540.20, 8540.40-8540.60,
8540.71-8540.99, 8543.11-8543.19,
[[Page 28935]]
8543.20-8543.30, 8543.40-8543.89, 9007.11-9007.19, 9007.20, 9010.10,
9010.41-9010.50, 9010.60, 9018.11, 9018.12-9018.14, 9018.19, 9022.12-
9022.14, 9022.19-9022.90, 9030.10-9030.40, 9030.82-9030.83, 9030.89-
9030.90, 9031.10-9031.30, 9031.41-9031.49, 9031.80, and 9614.20. In
order to accurately reflect the public comments and the context in
which they were submitted, the comment discussion set forth below
refers to the interim Sec. 102.20 texts and published proposed changes
thereto and thus does not reflect these conforming changes.
Discussion of Comments
A total of 183 commenters responded to the solicitation of comments
in the interim and proposed rule documents referred to above. The
comments submitted, except those relating to textile and apparel
products and those relating to the uniform origin rule concept, and the
Customs responses thereto are set forth below.
Removal of Secs. 10.22, 102.14 and 134.43(e)--U.S. Goods Returned
Comments: Section 10.22, Customs Regulations (19 CFR 10.22),
provides that assembled articles eligible for subheading 9802.00.80,
HTSUS, treatment are considered products of the country of assembly for
purposes of country of origin marking. Section 102.14 of the interim
regulations provides that U.S. goods advanced in value or improved in
condition abroad are considered to be products of the country where the
U.S. goods were advanced in value or improved in condition, and
Sec. 134.43(e) of the interim regulations provides for special methods
of marking goods the origin of which is determined under Sec. 102.14 of
the interim regulations. Five comments opposed the removal of these
sections, and five comments favored their removal.
The commenters opposing the removal assert that since the foreign
assembly of U.S. components does not necessarily result in a
substantial transformation or tariff shift, resulting in a change in
origin of a good, Secs. 10.22 and 134.43(e) provide a means to identify
U.S. components in goods assembled abroad. Additionally, in situations
where assembled goods consist largely or entirely of U.S.-made
components and there is a change in origin, it is claimed that the use
of ``Assembled in'' will be eliminated, and ``Made in'' or ``Product
of'' is not only inaccurate, but does not serve the purpose ``to inform
the ultimate purchaser of the country of origin''. Furthermore, it is
stated that U.S. Note 2(a), Subchapter II, Chapter 98, HTSUS, still
provides that any product of the U.S. advanced in value or improved in
condition, or assembled abroad will be considered a foreign article
upon its return to the U.S.
The commenters who favor the removal of Secs. 10.22, 102.14 and
134.43(e) assert that U.S. products should not have to be marked upon
return to the U.S., unless they are substantially transformed.
Requiring U.S. goods to be marked restricts U.S. companies to the term
``Assembled in'' when all the components being assembled are of U.S.
origin, and it is suggested that this does not advise the ultimate
purchaser as to the real origin of the imported merchandise.
All of the comments, favorable and unfavorable, urged the continued
use of ``Assembled in'' when an eligible subheading 9802.00.80, HTSUS,
assembly operation constitutes a substantial transformation conferring
origin pursuant to Sec. 102.20 of the interim regulations. The
commenters also urged the general usage of the legend ``Assembled in''
as a valid country of origin marking when an assembled good is a
product of the country indicated.
One commenter also suggested that if Sec. 10.22 is removed without
further amending part 134 to authorize the use of ``Assembled in'' for
subheading 9802.00.80 merchandise, there will be ambiguity as to
whether ``Assembled in'' is a permissible country of origin marking
under the Customs Regulations, inasmuch as rulings approving the use of
``Assembled in'' are still in effect. Furthermore, if Sec. 10.22 is
removed, it was suggested that Part 134 be amended to confirm that in
all cases, information respecting assembly of an imported product may
be noted within an origin statement.
Customs Response: Customs' proposal to remove Sec. 10.22 was
originally discussed in the May 5, 1995, notice of proposed rulemaking
in the context of the uniform rules proposal. However, as demonstrated
by the above comments, the proposed removal of Sec. 10.22 is directly
related to the proposed removal of Secs. 102.14 and 134.43(e) of the
interim regulations. For this reason, Customs is responding
collectively to comments regarding the proposed removal of Secs. 10.22,
102.14 and 134.43(e).
Customs agrees that 19 U.S.C. 1304 does not preclude the use of
``Assembled in'' or require the use of ``Made in'' or ``Product of'' in
a country of origin statement. However, outside the context of articles
eligible for subheading 9802.00.80, HTSUS, treatment (i.e., when
Sec. 10.22 is applicable), Customs in the past has by rulings
determined that the phrase ``Assembled in'' is not an acceptable
country of origin statement. Reference was made by a commenter to
C.S.D. 79-244 as support that Customs approves of the marking
``Assembled in''. However, that determination involved calculators
assembled in Hong Kong with U.S. and/or foreign components.
Consequently, it appears that the calculators imported into the United
States were eligible for entry under item 807.00, Tariff Schedules of
the United States (TSUS) (now subheading 9802.00.80, HTSUS). It is
clear that there has been confusion as to the use of ``Assembled in''
when articles eligible for subheading 9802.00.80, HTSUS, treatment
contain foreign components as demonstrated by the series of
inconsistent rulings subsequent to the determination made in HQ 731507.
Consequently, instead of modifying all of the inconsistent rulings
concerning the use of ``Assembled in'', and since articles eligible for
subheading 9802.00.80, HTSUS, treatment may not undergo a substantial
transformation or tariff shift in the country of assembly, it is
Customs' opinion that Sec. 10.22 as well as Sec. 102.14 of the interim
regulations should be removed so that the country of origin of articles
assembled or advanced in value abroad is determined in the same manner
as any other good imported into the United States.
All of the comments mention the purpose of 19 U.S.C. 1304, which is
to inform the ultimate purchaser of the country of origin. Some of the
comments assert that Sec. 10.22 provides the ultimate purchaser with
information regarding the country of assembly and the origin of the
components used, while other comments suggest that the country of
assembly may not necessarily be the true country of origin. It is
Customs' opinion that an ultimate purchaser most likely will not be
aware that an article imported with the marking ``Assembled in'' is
eligible for subheading 9802.00.80, HTSUS, treatment. While U.S. Note
2(a), Subchapter II, Chapter 98, HTSUS, does provide that any product
of the United States advanced in value or improved in condition, or
assembled abroad, will be considered a foreign article upon its return
to the United States, Customs has reconsidered the position that this
Note applies for general country of origin purposes. Therefore, once
Sec. 10.22 and Sec. 102.14 of the interim regulations are removed, all
rulings based on those regulations may no longer be relied upon.
Accordingly, goods of U.S. origin which are assembled abroad or
[[Page 28936]]
otherwise advanced in value or improved in condition abroad, but which
do not undergo a change in origin as a result of these operations, will
not be required to have any country of origin marking pursuant to 19
U.S.C. 1304 when they are imported into the United States.
However, since all of the comments favor the use of ``Assembled
in'', Customs has reconsidered the proposal to remove all regulations
allowing the use of this phrase. Therefore, Sec. 134.43(e) will be
retained but in modified form, as set forth below, so as to be limited
to assembled goods when the origin of such goods is the country of
final assembly.
Section 102.1(g)--Definition of Wholly Obtained or Produced
Comment: A commenter suggests adoption of the Kyoto Convention
Rules of Origin definition of ``wholly obtained goods'' in order to
eliminate doubts as to when a good is considered to be wholly the
growth, product or manufacture of one country.
Customs response: The definition of ``wholly obtained or produced''
contained in Sec. 102.1(g), which is incorporated by reference in
Sec. 102.11(a)(1), is substantively identical to the definition set
forth in Annex D.1 to the Kyoto Convention, with the single exception
that the Part 102 definition also includes goods taken from outer
space, provided that they are obtained by that country or a person of
that country. Therefore, Customs agrees with this commenter that the
definition of wholly obtained or produced goods, which is patterned
after Kyoto Convention Annex D.1, provides more predictability in
determining when goods are wholly the growth product or manufacture of
a single country.
Section 102.1(m)--Definition of Minor Processing
Comment: One comment was received regarding this section. This
commenter expressed concern regarding subparagraph (5), which includes
``[u]nloading, reloading, or any other operation necessary to maintain
the good in good condition.'' The commenter stated that this language
appears overly broad and could be misinterpreted to apply to industrial
operations necessary to preserve a good, but which also alter the
essential character of the good. Therefore, this commenter suggests
that this provision be amended to read as follows: ``Unloading,
reloading, or any other insubstantial operation that does not add
significant value to the good and is performed solely to preserve or
maintain the good in good condition for shipment.''
Customs Response: Customs disagrees. The underlying premise of this
comment is that the definitions of Sec. 102.1, unlike most regulatory
``definitions'', can operate independently of other regulatory
provisions. This, however, is not the case here. The definition of
``minor processing'' only can operate in the context of other rules set
forth in part 102, particularly those provisions setting forth a
criterion for determining origin. The definition of ``minor
processing'' does not operate as a general disqualifer to the origin
criteria of other provisions, such as the way in which the ``non-
qualifying operations'' set forth in Sec. 102.17 are generally
applicable to all determinations under the specific tariff rules of
Sec. 102.20. When the definition of ``minor processing'' is applicable,
it normally is expressed as part of a ``negative'' origin criterion,
meaning that it is used to illustrate when a change of origin does not
occur. Therefore, if the other operations suggested by the commenter
also are performed, the good will not be deemed to have been produced
``only'' as a result of ``minor processing'', and thus a change of
origin could still be possible under the rules.
Section 102.1(p)--Definition of Substantial Transformation
Comment: One commenter submits that as a result of the proposed
elimination of the definition, the question of what constitutes a
``substantial transformation'' now can be determined only on the basis
of the specific Sec. 102.20 rule. The commenter also suggests that in
the absence of a general definition of ``substantial transformation'',
there will be a lack of certainty which is not only needed for Customs
origin determinations, but also for other purposes such as origin
determinations relating to ``industrial property rights''.
Customs Response: Customs disagrees. First, it is the position of
Customs that the principle of substantial transformation is reflected
and codified not only in the Sec. 102.20 rules but also in the entire
hierarchy of Sec. 102.11. In fact, Sec. 102.20 is only applicable
through its incorporation in Sec. 102.11(a)(3). The definition of
``substantial transformation'' was set forth in interim Sec. 102.1(p)
only because of the references made to that term in interim Sec. 102.16
and in certain specific interim rules contained in Sec. 102.20.
Customs, however, stated in the May 5, 1995, notice of proposed
rulemaking that Sec. 102.16 (in its entirety) and the references to
``substantial transformation'' contained in certain Sec. 102.20
specific rules were being proposed for removal because experience in
administering the interim regulations had demonstrated that the
application of the hierarchy contained in Sec. 102.11 will yield a
result that codifies the substantial transformation principle set forth
in interim Sec. 102.1(p). If origin is not determined under
Sec. 102.11(a)(3) [the section in which the Sec. 102.20 rules are
incorporated by reference], the question of whether or not there has
been a substantial transformation is not yet answered; the next step in
the hierarchy must be considered. As a result of the application of the
hierarchy, a specific determination of origin of a good can be made.
If, in the final analysis, the origin of the good under the hierarchy
is different from the origin of its materials, then there will have
been a substantial transformation of those materials.
Therefore, contrary to the underlying premise of this comment, it
is specifically because of the need for more certainty in origin
determinations that Customs is expressing the substantial
transformation principle through the step-by-step operation of the
Sec. 102.11 hierarchy. Customs' proposed removal of those provisions,
which merely incorporate the abstract definition of ``substantial
transformation'' without expressing when the criteria have been met, is
consistent with and promotes the overall objective of certainty.
Section 102.11(c)--General Rules
Comments: Two commenters state that Sec. 102.11(c), as applied to
mixtures and composite goods, is contrary to 19 U.S.C. 1304 and to
judicial precedents promulgated thereunder. These commenters expressed
concern that pursuant to Sec. 102.11(c), when no single material,
foreign or domestic, imparts the essential character, the mixture will
have the origins of the significant materials or ingredients used to
produce that mixture, as opposed to considering the mixture itself as a
new and different article of commerce.
These commenters also suggest that Customs include an ``escape
clause'' to appropriately deal with these and other unforeseeable
instances when processing in a country under existing precedent
constitutes a substantial transformation, but is not treated as such
under the new rules. In this regard, the commenter suggests that when
processing is deemed insufficient under Sec. 102.11(a)(3) or
Sec. 102.11(b) to confer origin in the country where the processing
takes place, this should
[[Page 28937]]
create a presumption that no substantial transformation occurs.
However, this presumption could be rebutted by factual evidence
establishing that the processing causes a change in name, character or
use.
Customs Response: Customs disagrees. Section 102.11 sets forth the
hierarchical rules for determining the country of origin of goods other
than textile and apparel products which are covered by Sec. 102.21. If
the country of origin of a good is not determined under Sec. 102.11(a)
or (b), Sec. 102.11(c) of the hierarchy must be considered. Thus, by
the time Sec. 102.11(c) of the hierarchy is reached, it already has
been determined: (1) That the processing performed with respect to
foreign materials contained in the good was insufficient to meet the
specific tariff rule under Sec. 102.20; and (2) for mixtures and
composite goods, that there is no single material that imparts the
essential character to such goods.
Consequently, when this provision is applicable, the country of
origin of such sets, mixtures, or composite goods is the country or
countries of origin of those materials or components meriting equal
consideration for determining the essential character of the good. A
material or component need not be determined to actually impart the
essential character to a good in order to merit equal consideration
(i.e., be considered a consequential material or component) for such
purpose of making the essential character determination for
classification or origin purposes.
Section 102.11(c) is not a departure from Customs practice under
the country of origin marking statute. Indeed, it follows and is
specifically intended to codify Treasury Decision (T.D.) 91-7, dated
January 8, 1991, in which Customs considered, inter alia, the country
of origin marking requirements of GRI 3, HTSUS, sets, mixtures and
composite goods. In this decision, Customs stated that, notwithstanding
that these goods may be classified pursuant to GRI 3(b) on the basis of
the material or component that imparts the essential character to the
good, ``if the materials or components are not substantially
transformed as a result of their inclusion in a set or mixed or
composite goods * * * each item must be individually marked to indicate
its own country of origin.'' Contrary to the suggestions by the
commenters, the practice established in T.D. 91-7 has not been limited
to ``sets'', but also has been applied to mixtures and composite goods.
See HQ 735085 dated June 4, 1993.
With regard to the suggestion by one of the commenters that the
Part 102 rules contain an escape clause, it is the opinion of Customs
that such a clause would negate the primary benefit of these rules:
Codification of the substantial transformation principle as interpreted
by Customs and the courts, while providing predictability, transparency
and objectivity in origin determinations.
Sections 102.12 and 102.11(b)(2)--Fungible Goods and Materials
Comment: One comment was received regarding Sec. 102.12 which
provides for the country of origin determination of commingled fungible
goods to be made by either direct physical identification or, if that
is impractical, by the use of one of the inventory management methods
provided under the Appendix to Part 181 of the Customs Regulations
(which implements the preferential tariff treatment provisions of the
NAFTA). While this commenter endorsed the need for an alternative
method to physical identification, the commenter stated that the use of
an inventory management method to determine origin of these goods is
not workable. As an alternative, the commenter suggests that Customs
expand and codify the ``major supplier'' marking policy that exists for
country of origin marking of fruit juice products made from juice
concentrate of various countries.
Customs Response: First, it should be clarified that the ``major
supplier marking'' policy is not an origin rule, but rather is a manner
of marking policy that is applicable to certain goods after the
determination of origin is made. In contrast, Sec. 102.12, like all of
the rules of part 102, will be used to determine the origin of the good
at issue. It is only after reaching the origin determination that
Customs can address the issue of the appropriate manner of marking the
good for purposes of 19 U.S.C. 1304. Both the ``major-supplier'' rule,
which applies to manner of marking, and the inventory management
option, which is used to determine origin, co-exist. If, under the
inventory management method, a single origin is determined, there is no
need to use a ``major-supplier'' approach to mark the good in question.
In T.D. 89-66, dated April 7, 1989, which was cited by this
commenter, Customs addressed only the issue of the number of countries
representing sources of the foreign juice concentrate that had to be
physically identified on the retail juice products. The question of
origin regarding the juice products already had been settled as a
result of the Court of International Trade decision in National Juice
Products Assn. v. United States, 628 F.Supp. 978 (CIT 1986).
Therefore, Customs reserves the right to address the manner of
marking issue relating to commingled goods and materials on a case-by-
case basis similar to the way the issue was addressed for the juice
concentrate products. Customs believes, however, that
Secs. 102.11(b)(2) and 102.12 provide a practical solution to the
problems that gave rise to the major supplier country of origin marking
policy. These provisions allow for practical and logistical problems to
be resolved at the time the origin determination is being made for
fungible goods and materials. Contrary to the commenter's suggestion,
the specific inventory management methods set forth in the appendix to
part 181 of the Customs Regulations are not so circumscribed to the
NAFTA preference rules that they cannot be employed for other origin
determination purposes. The examples provided in that Appendix clearly
illustrate how accounting methods can be used to assign origin to
inputs and outputs. Therefore, Customs believes that inventory
management methods allow for adaptable recordkeeping that provides
another option to determine origin.
Section 102.13--De Minimis
Comments: Two commenters expressed concern that the de minimis rule
set forth in Sec. 102.13 is not applicable to certain agriculture
products. These commenters note that if a ``major supplier'' marking
rule is adopted, it can include a de minimis amount of 7 percent.
Customs Response: These commenters also confuse ``manner of
marking'' issues with ``determination of origin'' issues. Section
102.13 is only applicable in conjunction with the specific tariff rules
of Sec. 102.20. Due to the nature of these products and because of
health and food safety concerns, Customs has exercised its discretion
not to allow a de minimis standard to apply in determining the origin
of most agricultural products. This policy, which is incorporated into
Sec. 102.13, is consistent with Customs' past practice with regard to
country of origin determinations of agricultural products. Therefore,
Customs will retain the rule in Sec. 102.13 as it currently exists.
Removal of Sec. 102.16--Goods and Its Parts; Parts of Parts
Comments: Two commenters express concern that, by the elimination
of Sec. 102.16, Customs is adopting an ``essential character'' standard
in its origin hierarchy for all goods (except for
[[Page 28938]]
``sets'') for which country of origin is not determined pursuant to
Sec. 102.11(a). Another commenter submits that by eliminating
Sec. 102.16, Customs ignores the situation in which imported goods
classified as an ``unfinished article'' under GRI 2(a) may be subject
to extensive and significant manufacturing processes that change the
name, character, or use of the article and add enormous value to the
finished product. This commenter suggests adopting the NAFTA preference
rules which in some cases include a value added criterion for
determining ``originating'' status.
In opposing the removal of Sec. 102.16, these commenters also
expressed concern that the hierarchy set forth in Sec. 102.11 does not
codify the principle of substantial transformation for goods classified
pursuant to GRI 2(a) and the court's decision in United States v.
Gibson-Thomsen Co., Inc., 27 CCPA 267, C.A.D. 98 (1940); on the other
hand, one of the commenters suggests that origin would not necessarily
be determined under Sec. 102.11(b) (on the basis of essential
character) if several equally important parts are assembled. Another
commenter sought specific clarification in connection with the removal
of Sec. 102.16 as to whether the country of origin of a single
component which has not undergone the applicable change in tariff
classification will always be found to impart the ``essential
character'' to the product.
Customs Response: It is apparent that these commenters have assumed
that interim Sec. 102.16 had a much broader application than it
actually did. First, Sec. 102.16, by its very terms, only applied to
goods which were assembled from parts that were classified along with
the good in the same undivided heading or in the same subheading.
Second, even when Sec. 102.16 was applicable, the country of origin of
the good would not always be determined under Sec. 102.16. If pursuant
to this section Customs concluded (as has happened in some instances)
that there was no substantial transformation of the parts, then resort
must be had to the next step in the hierarchy under Sec. 102.11, that
is, paragraph (b) (or paragraph (c) if the good is a ``set''). In other
words, Sec. 102.16 was only applicable within the context of
Sec. 102.11(a)(3) and the specific tariff rules of Sec. 102.20. It did
not have a life of its own.
Customs also does not agree with the other underlying premise of
these comments, i.e., that Customs is creating the ``essential
character'' standard. As Customs thought had been made clear in the
SUPPLEMENTARY INFORMATION portion of the May 5, 1995, notice, whether
or not there is a change in the essential character of an article is
the principle factor considered by the courts in determining whether
there has been a substantial transformation. In United States v.
Gibson-Thomsen Co., supra, the court found that the marking statute was
not intended by the Congress to have application to an imported article
further processed in the United States so that it became a ``new
article having a new name, character and use'' (emphasis added).
Although the courts with customs jurisdiction in more recent cases,
and Customs in its rulings, have often characterized the standard as
``new name, character or use'', the courts and Customs have actually
required a change in the name, character and use of an imported article
for a finding of substantial transformation into a new and different
article of commerce. In addition, the courts have actually given much
less significance in recent cases to the ``name'' and ``use'' of an
article but have emphasized the significance of a change in its
``character'' in making substantial transformation decisions. See,
e.g.: National Juice Products Assn. v. United States, supra; Uniroyal,
Inc. v. United States, 542 F.Supp. 1026 (CIT 1982); and National Hand
Tool Corp. v. United States, 16 CIT 308, aff'd 989 F.2d 1201 (Fed. Cir.
1993). Therefore, consistent with the courts' interpretation of the
substantial transformation standard over recent years, Customs has
administered the standard as originally enunciated by the Gibson-
Thomsen Co. decision as requiring a change in the name, character and
use of the article and has placed more emphasis on a change in the
character of the article than on any change in its name or use. With
regard to one of the commenter's suggestions of using the NAFTA
preference rules incorporating a value-content requirement, Customs
notes that even the Court of International Trade has stated that
``there is no reason to find `substantial transformation' on the basis
of value added in the United States.'' National Hand Tool Corp. v.
United States, supra.
As previously noted, the Sec. 102.11 hierarchy does not stop at the
failure of the foreign materials to meet the specific tariff rule of
Sec. 102.20. Therefore, one commenter correctly observed that in the
case involving multiple parts that are classified in the same undivided
heading or same subheading as the finished good (e.g., multiple
forgings for a single hand tool), it is possible to conclude that no
single one of those parts imparts the essential character to the
finished tool. (For purposes of this determination under
Sec. 102.11(b), materials which are classified at the subheading level
specified in the rule under a general descriptive provision (e.g. a
``parts'' provision) will be considered, when distinct in style or
type, as separate materials, while materials which are classified at
the specified subheading level under a provision which reflects a more
specific description (e.g. ``fresh cut flowers'' under subheading
0603.10) will be considered collectively as a ``single material''.) If
the good is not classified as a ``set'', ``mixture'' or ``composite
good'', Sec. 102.11(c) would not be applicable and in such instance
Sec. 102.11(d) would be applicable. If the production of the good from
the parts involved more than ``simple assembly'' or ``minor
processing'', then it is possible to conclude pursuant to
Sec. 102.11(d)(3), that the country of origin of the good is the last
country in which the good underwent production.
In response to the question of whether, if there is only one
component in a good which is classified in a provision from which a
change in tariff classification is not allowed under the Sec. 102.20
rule, that one component always will determine the country of origin,
the answer is yes for the following reason. The specific tariff (tariff
shift in most cases) rules were developed with the specific view of not
allowing a change in tariff classification from materials that can
impart the essential character to the good. In those instances in which
the tariff shift rule excludes a particular tariff provision, Customs
has determined that the processing required to shift from that tariff
provision to the provision for the good is not, in itself, sufficient
to result in a change in the essential character of the materials
classified in the provision from which a change is not allowed.
Therefore, unless the good is classified as a set, if a good is made
from a single material that is classified in a tariff provision from
which a change is not allowed, the single material will be found under
Sec. 102.11(b) to impart the essential character to the good, and the
country of origin of that material will be the country of origin of the
good under Part 102.
As an example of the foregoing, a forging for a flat wrench is
imported into the United States. The shape of the flat wrench is
defined by the forging such that the two teeth of the open end of the
wrench are in place with just a thin web of metal which must be
removed, and the closed end of the wrench (a circle) also has a thin
piece of metal inside which must be removed, and then heat treated,
belt polished, vibrated, acid cleaned, and chrome
[[Page 28939]]
plated. If the flat wrench forging is the only material that does not
meet the tariff shift rule under Sec. 102.20 as a result of being
classified in a provision from which a change is not allowed (the
forging is usually classified in the same provision as the finished
wrench), this is the single material that imparts the essential
character to the finished flat wrench, and the country of origin of
this material is the country of origin of the finished flat wrench. In
order to clarify this issue, Sec. 102.18(b) has been modified as set
forth below to make it clear that if there is only one component or
material that is classified in a provision from which a change in
tariff classification is not allowed under the Sec. 102.20 rule, that
material will constitute the single material that imparts the essential
character to the good for purposes of determining country of origin
under Sec. 102.11(b).
Section 102.18(a)--Rules of Interpretation
Comments: One commenter states that since Sec. 102.18(a) only
applies to rules which contain an exception relating to GRI 2(a) of the
HTSUS, two questions remain unanswered. First, how will the origin
differ when an unassembled article is shipped with all of its parts in
one shipment, therefore invoking GRI 2(a), versus shipping parts
separately and thereby not triggering the application of GRI 2(a)?
Second, does the assembly of the article under either of the above
scenarios determine the country of origin of the assembled article? If
the answer to the second question is yes, the commenter questions
whether this applies only when the rule for the article does not
contain a GRI 2(a) exception.
Another commenter presents an example of semi-knocked-down
(``SKD'') bicycles (classified under heading 8712), which are complete
bicycles, individually boxed and ready for sale to the ultimate
purchaser which, however, are not fully assembled (the seat, seat post,
front wheel [consisting of a hub, spokes, nipples, rim, tire, inner
tube and rim strip], pedals, handlebars and handlebar stem are not
assembled to the bike, but are simply placed separately in the shipping
carton in order to reduce the size of the carton thereby reducing
freight costs). The SKD bicycles are classifiable as complete bicycles
under GRI 2(a), and the commenter seeks confirmation that as a result
of the applicability of Sec. 102.18(a) and the proposed new text of
Sec. 102.17(e), the assembly or collection of the bicycles will not
result in a tariff shift.
Customs Response: The first commenter correctly notes that
Sec. 102.18(a) is applicable only when there is reference to GRI 2(a)
in a specific tariff rule under Sec. 102.20, which, in turn, only
applies in the context of determining origin under Sec. 102.11(a)(3).
Section 102.18(a) operates just like the definitions in Sec. 102.1: It
cannot be invoked unless specifically referenced in a rule. Thus, the
question of whether or not the assembly of an unassembled good confers
origin cannot be answered in the abstract. This determination will
depend upon the application of the hierarchical rules of Sec. 102.11 to
the specific goods and parts in question. Customs also agrees with the
conclusions of the second commenter, but probably for slightly
different reasons. The response below to the example presented by the
second commenter illustrates how the GRI 2(a) exception operates in the
Sec. 102.20 rules.
The Sec. 102.20 specific tariff shift rule for bicycles, which are
classified in heading 8712, HTSUS, is as follows:
8711-8713
A change to heading 8711 through 8713 from any other heading,
including another heading within that group, except from heading
8714 when that change is pursuant to General Rule of Interpretation
2(a).
If the production of an SKD bicycle in Country A entails the use of
a subassembly imported from Country B that is classifiable under
heading 8714, HTSUS, Sec. 102.18(a) is applicable and the tariff shift
from the subassembly (classifiable under heading 8714) to the SKD
bicycle (classifiable under 8712 pursuant to GRI 2(a)) will not be
allowed.
Also, pursuant to the proposed new text of Sec. 102.17(e), a tariff
shift would not be allowed for collections of bicycle parts or
incomplete bicycle ``subassemblies'' which as collected are
classifiable in the same manner as the complete bicycle, pursuant to
GRI 2(a). However, neither Sec. 102.17(e) nor Sec. 102.18(a) will be
the reason that the final assembly of the SKD bicycle into the fully
assembled bicycle does not result in a tariff shift. In this instance,
the tariff shift does not occur simply because the unassembled SKD
bicycle and the fully assembled bicycle are classified in the same
tariff provision.
Section 102.19--NAFTA Preference Override
1. Section 102.19(a)
Comments: One commenter believes that the application of this
provision can result in more than one NAFTA country of origin. Another
commenter states that Sec. 102.19(a) should be applicable to goods the
origin of which is determined under Sec. 102.21.
Customs Response: Customs disagrees with the comment that this
provision can result in more than one country of origin. In
Sec. 102.19(a), the word ``single'' before the words ``NAFTA country''
expressly makes clear that it is impossible for originating goods that
meet the criteria of this provision to have multiple countries of
origin. Customs has not been presented with a scenario in which two
parts of a good were produced at the exact same time in two NAFTA
countries, which would be the only circumstances in which there can be
two last NAFTA countries ``in which the good underwent production other
than minor processing''. Moreover, Sec. 102.11(c) will never be
applicable to goods that meet the criteria of Sec. 102.19(a), since
this provision is triggered whenever a single country of origin is not
determined after applying both Sec. 102.11(a) and Sec. 102.11(b).
Customs, however, agrees that Sec. 102.21 should be included within
the scope of Sec. 102.19(a). Paragraph (c) of Sec. 102.21 (``general
rules'') already incorporates by reference all of the additional
requirements and conditions of Secs. 102.12 through 102.19.
Nevertheless, in order to make this point even clearer, Sec. 102.19(a)
as set forth below has been modified to expressly refer to Sec. 102.21
so that if a good, which otherwise meets the requirements of
Sec. 102.19, is not determined under Sec. 102.21 to have a single NAFTA
country, the country of origin of such a good will be determined under
Sec. 102.19.
2. Section 102.19(b)
Comments: Two commenters requested clarification that this
provision does not apply for marking purposes but rather applies solely
for customs duty purposes.
Customs Response: Customs agrees that this provision does not apply
for country of origin marking. As stated in the SUPPLEMENTARY
INFORMATION portion of the May 5, 1995, notice of proposed rulemaking,
the term ``Customs duty purposes'' in Sec. 102.19(b) is intended to
include merchandise processing fees. This term, however, does not
include country of origin marking. Customs believes, however, that the
fact that the provision clearly states it is applicable for ``Customs
duty purposes'' makes it clear that the use of this provision for any
other purpose, such as for country of origin marking, would be
improper.
[[Page 28940]]
Therefore, Customs believes that there is no need to amend the
provision.
Headings 0202, 0210 and 1602 (Meats)
Comments: One comment concerned the fact that the specific tariff
rules for these goods do not allow some operations, such as the
grinding or blending of imported beef with U.S. beef to produce
hamburger meat or patties, to constitute an acceptable change in tariff
classification. This commenter also believes that the USDA has the
specific statutory jurisdiction over the marking of meat and poultry
products whether imported or domestic, pursuant to the Federal Meat
Inspection Act, 21 U.S.C. 601.
Customs Response: Customs disagrees. Although Customs has not
issued a specific ruling regarding this issue, it is Customs' position
that the grinding or blending of foreign raw beef with U.S. beef does
not constitute a substantial transformation. In other cases concerning
food, Customs has not recognized merely blending or chopping food,
without cooking or other preparation, to constitute a substantial
transformation. In this regard, it should be noted that consistent with
its application of the substantial transformation principle, the tariff
shift rules for prepared meat (heading 1601) allow a change from any
other chapter, which will include the frozen, salted, and dried meats
of Chapter 2.
With regard to the country of origin marking of imported meats, it
suffices to point out that 19 U.S.C. 1304, the country of origin
marking statute, applies to all goods of foreign origin, unless
specifically exempt by statute or by the specific regulations
authorized by the statute. This statute does not exempt imported meat
products from marking, unless Customs determines that the product is
substantially transformed into a new and different article by the U.S.
importer/processor. As stated above, Customs does not view the mere
grinding of fresh meats into hamburger as a substantial transformation;
therefore, Customs believes that, notwithstanding any other domestic
laws that may be applicable for its marking, such meats should be
marked as to country of origin prior to reaching the ultimate purchaser
thereof in the United States. In connection with this issue, it should
be noted that Customs has issued a General Notice regarding the country
of origin marking of beef jerky. 26 Cust. Bull. And Decisions 51
(December 16, 1992). While Customs in this General Notice recognized
that there may be conflicting country of origin marking requirements
imposed by the USDA and Customs, Customs nevertheless explained the
legal basis for the Customs marking determination as well as the basis
for Customs jurisdiction in the matter.
Heading 0304 (Fish Fillets and Other Fish Meat, Fresh, Chilled, or
Frozen)
Comment: The specific rules for the goods of this heading, except
for fillets, require a change to these goods from any other chapter,
while for fish fillets the rules allow a change to this heading from
any other heading. One commenter states that the rule should generally
allow a change to goods of this heading from any other heading, citing
the belief that the production of fish meat requires as much or more
processing than the production of fillets.
Customs Response: The commenter has not provided, nor has Customs
been able to find, any evidence to substantiate the claim that the
production of fish meat results in a substantial transformation of the
fish. The Explanatory Notes to the Harmonized System describe ``other
fish meat'' merely as fish meat from which the bones have been removed,
whereas the production of fillets from fish involves specific
operations which have been recognized by the Court of International
Trade as resulting in a substantial transformation of the fish. See
Koru North America v. United States, 701 F.Supp. 229 (CIT 1988),
discussed in the SUPPLEMENTARY INFORMATION portion of the May 5, 1995,
notice of proposed rulemaking.
Heading 0710 (Vegetables, Uncooked, Steamed, Boiled or Frozen)
Comments: Two comments were received concerning this specific rule.
These commenters expressed concern that the rule does not recognize a
substantial transformation resulting from the processing performed to
produce mixtures of vegetables classified in subheading 0710.90. One
commenter noted that in producing their vegetable combinations,
imported vegetables are combined with domestic vegetables in precise
mixtures through highly sophisticated proprietary mathematical
formulas, using state-of-the-art weighing and mixing processes.
According to one commenter, the combinations are the result of
extensive marketing and product research as well as capital investment
and technology to appropriately provide for the blending of the
different vegetables. Therefore, these commenters suggest that this
specific rule be amended to allow a change to subheading 0710.90
(mixtures of vegetables) from any other subheading, provided that no
single vegetable ingredient of foreign origin constitutes 75 percent or
more of the product by net weight.
Customs Response: Customs cannot agree to this proposal. Customs
addressed the very facts presented by these commenters in a ruling
issued in the year before the proposed rules were published. In HQ
735085, dated June 4, 1993, the frozen vegetable products were produced
by combining foreign broccoli, cauliflower, water chestnuts, and peas
with domestic carrots, yellow peppers, and asparagus and then packaging
them for retail sale. Beyond bagging, there was no processing of the
combined frozen vegetables, such as cooking or adding sauces. Customs
found that the individual imported vegetables retain their identities
after the combining operations. Consequently, the vegetable mixtures
were not considered different kinds of food articles, and imported
vegetables were not considered to have undergone a substantial
transformation. In HQ 735085, Customs distinguished prior rulings such
as HQ 555524, dated April 11, 1990, (which involved manufacturing soup
by mixing eleven ingredients, boiling the mixture to achieve desired
consistency, and packaging for retail sale). Customs still adheres to
the position expressed in HQ 735085 and for this reason does not agree
that the specific tariff rule for vegetable mixtures classified in
subheading 0710.90 should be amended as proposed by the commenters.
Headings 0904-0910 (Spices)
Comment: One comment was received concerning the proposal to delete
the second tariff shift rule for headings 0904-0910, which provides for
a change to crushed, ground, or powdered products of heading 0904
through 0910 from within Chapter 9, if put up for retail sale. This
commenter submits that the cleaning (by gas treatment or otherwise),
crushing or grinding, and retail packaging of spices substantially
transforms the imported whole spices into new and different articles of
commerce having a new name, character or use.
Customs Response: Customs agrees. In view of the commenter's
analysis and in light of the fact that Customs Headquarters has never
issued a binding letter ruling with respect to the country of origin
marking of spices, Customs has reconsidered the proposal to amend the
Sec. 102.20 rules for these goods and has reverted to its original
position, published in T.D. 94-4 (59 FR 110) on January 3, 1994.
Accordingly, the May 5, 1995, proposal to delete the second tariff
shift rule set forth in Sec. 102.20 for goods of headings 0904-0910
should
[[Page 28941]]
not be adopted, and the interim tariff shift rules as published in the
January 3, 1994, document are reflected in this final rule document.
Heading 1517 (Vegetable oil)
Comment: One comment was received in connection with the rules for
this heading. The interim rules for this heading provided for a tariff
classification change to subheading 1517.10 (margarine, excluding
liquid margarine) from any other heading and a change to subheading
1517.90 (other edible mixtures or preparations of animal or vegetable
fats) from any other chapter. In consideration of an initial comment,
Customs proposed in the May 5, 1995, document to amend the rule for
subheading 1517.90 by adding an alternative second tariff shift rule
which would allow a change from any other heading so long as ``no
single oil ingredient of foreign origin constitutes more than 60
percent by volume of the good''. The commenter believes that the
processing and blending required to create various blends and grades of
a type of oil (e.g. palm and sheanut oils) requires rigorous quality
control procedures in order to achieve the necessary physical
characteristics and thus should be considered a substantial
transformation whether or not the resulting product contains more than
60 percent by volume from a single foreign country.
Customs Response: Customs disagrees. First, the tariff shift rule
for subheading 1517.90, as proposed to be amended, is supported by the
case law. See National Juice Products Association v. United States,
supra, where the Court of International Trade upheld Customs
determination that imported orange juice concentrate is not
substantially transformed when mixed with water, orange essences,
orange oil and in some cases fresh juice and either packaged in cans
and frozen or pasteurized, chilled and packed in liquid form, and
Coastal States Marketing, Inc. v. United States, 646 F.Supp. 255 (CIT
1986), where the court held that mixing Soviet Union gas oil with
Italian fuel oil in Italy did not result in a substantial
transformation such that the mixture became a product of Italy. In both
of these cases, the court concluded that the essential character of the
foreign component (juice concentrate and Russian oil) remained
unchanged after the mixing process. The proposed tariff shift rule
which would allow a change of origin if no single foreign oil
ingredient in the mixture exceeds 60 percent of the mixture is designed
to ensure that there is a change in the essential character of the
foreign vegetable oil. This proposed rule is consistent with the
proposed rule for mixtures of juices (e.g., a mixture of apple, grape,
papaya juices), which is based upon the conclusion that in such
mixtures, the individual fruit juices would lose their separate
identities and thus there would be a change in the name, character and
use of the individual juice ingredients. Thus, this rule represents an
effort to distinguish between those blending operations which generally
do not result in a substantial transformation and other blending
processes which can result in a substantial transformation due to a
change in name, character, and use.
However, Customs believes that a technical correction of the
proposed amendment to the Sec. 102.20 rule for this subheading is
required, involving expression of the 60 percent requirement in terms
of ``weight'', rather than in terms of ``volume'', because the unit of
measure indicated in the HTSUS for subheading 1517.90 is kilograms. The
second tariff shift rule for subheading 1517.90 as set forth below has
been modified accordingly.
Chapter 20 Note
Comments: The Note for the Chapter 20 rules under Sec. 102.20
provides that, notwithstanding the specific rules of the chapter, nuts
of Chapter 20 that have been prepared merely by roasting, either dry or
in oil (including processing incidental to roasting), shall be treated
as a good of the country in which the fresh good was produced. One
commenter submits that the roasting of nuts should be considered a
substantial transformation. This commenter also suggests that the
mixing of nuts should constitute a substantial transformation since FDA
regulations (21 CFR 164.110) consider mixed nuts a standardized food
which, as such, must meet certain formulation requirements.
Customs Response: Customs disagrees. It has been the Customs
position for ten years that roasting, or roasting and salting, or
roasting and salting and coloring, of pistachio nuts, without more,
does not result in a substantial transformation. See T.D. 85-158, dated
October 15, 1985. Thus, the Chapter Note is consistent with prior
Customs position and practice for these goods. With regard to the
mixing of different nuts, Customs is not persuaded, by the fact that
the Food and Drug Administration considers these mixtures to be a
standardized product, that various types of nuts have been
substantially transformed as a result of being combined with one
another. The same analogy could have been made with regard to the
orange juice concentrate and retail juice beverages involved in the
National Juice Products Ass'n., supra. Moreover, just as Customs
believes that the individual frozen vegetables which are combined and
packaged for retail sale remain separately identifiable (HQ 735085,
June 4, 1993), Customs maintains that the individual types of nuts that
are blended together after roasting and salting do not lose their
identities and therefore are not substantially transformed into new and
different articles of commerce, having a new name, character, and use.
Subheadings 2009.11-2009.30 (Fruit and Vegetable Juices)
Comment: One comment was received concerning this tariff shift
rule. This commenter suggested that this rule, which allows a change to
these subheadings from any oth
FR Doc. 96-14027 Rules for Determining the Country of Origin of a Good for Purposes of Annex 311 of the North American Free Trade Agreement
er chapter, be amended to preclude a
change from heading 0805 (fresh or dried citrus fruit). The commenter
points out that this change would make these rules consistent with the
NAFTA preference rules for these goods.
Customs Response: Customs cannot agree. First, it should be pointed
out that the purpose for development of these rules is not to provide
origin determinations that are necessarily consistent with the NAFTA
preference rules (19 U.S.C. 3332). Instead, Customs' goal has been to
develop rules that would codify the substantial transformation
principle as interpreted by the courts and Customs. Customs recognizes
that the NAFTA preference rules are not always consistent with the
origin determinations reached under the substantial transformation
principle. As a result sometimes the part 102 rules will be less
restrictive and in some cases they may appear to be more restrictive.
The part 102 rules are less restrictive than the NAFTA preference rules
for goods of subheading 2009.11 through 2009.30 because Customs has
consistently recognized the production of fruit juices from the fresh
fruit as a substantial transformation of the fresh fruit into a new and
different article of commerce. See HQ 555982 dated August 1991
(substantial transformation of grapefruit and oranges made into juice
concentrate) and HQ 084346 dated August 8, 1989 (substantial
transformation of cranberries made into juice concentrate).
Subheading 2101.10 (Extracts, Essences and Concentrates of Coffees)
Comments: Three comments were received concerning the Sec. 102.20
tariff shift rule for heading 2101, which requires a change to heading
2101 (extracts, essences, and concentrates of
[[Page 28942]]
coffee, etc.) from any other heading. These commenters submit that the
rule should be amended to allow a change to subheading 2101.10.21
(extracts, essences, and concentrates of coffee) from elsewhere within
heading 2101 since they believe that a change from ``soluble coffee
powder'' to ``retail instant coffee products'' should be recognized as
a substantial transformation. They cite as support for their position
the argument that bulk soluble powder is not purchased by consumers but
by coffee manufacturers and is used in non-coffee products such as ice
cream as well as in coffee products. They further submit that the use
of expensive machinery and the employment of experts and technically-
skilled persons are necessary in order to blend, agglomerate, aromatize
(often the flavoring and aromas are proprietary) and eventually package
the product for retail sale. They claim that the cost of such
processing runs about 120 percent of the cost of the soluble powder.
Customs Response: Customs does not agree that the operations
described above result in a substantial transformation of water soluble
coffee powders (known technically in the trade as spray-dried coffees).
Customs addressed this issue in a ruling as early as 1986 (HQ 727913
dated February 5, 1986). In that case, the agglomerated coffee was
produced in Canada as a result of blending and agglomeration of various
Latin American spray dried coffees. Customs found that the agglomerated
coffee imported into the United States from Canada had to be marked to
indicate the individual Latin American countries.
Customs most recently addressed this issue in HQ 734479 issued on
January 29, 1993. Customs still does not believe that the blending and
agglomeration of spray dried coffees from different countries result in
a new and different article of commerce, having a new name, character
and use. The facts presented in the 1993 ruling concerned the
processing of the various Latin American blends of spray dried coffees
in a European Community (EC) country, which at that time was subject to
the 100 percent special duty rates applicable to these products from
the EC. After reviewing the technical literature regarding the
processes, Customs concluded that blending and agglomerating spray
dried coffee constituted refining and finishing operations which did
not change the fundamental character or use of the spray dried coffee.
Customs further concluded, consistent with prior rulings, that the
agglomerated coffee, while an improved product, remained instant coffee
after the processing, and therefore, was not considered an EC product
but a product of the various Latin American countries from which the
coffee originated. As one requester of a marking ruling issued in 1991
pointed out, the ``spray-dried powder is a finished form of coffee that
can be dissolved in hot water to produce a tasteful cup of coffee.''
Customs believes that such a statement is testament to the absence of a
substantial transformation when the coffee powders are subjected to the
agglomeration process.
Heading 2710 (Petroleum Products)
Comment: One comment was received concerning the tariff shift rules
for this heading, which allow a change to the heading from any other
heading or a change to goods of the heading from other goods of that
heading if the change resulted from a chemical reaction (defined in the
Chapter 27 Note). The commenter suggests that the tariff shift criteria
applicable to heading 2710 should be expanded to include a change
within heading 2710 from motor fuel blending stocks to motor fuel. The
commenter argues that finished gasoline differs from each of the
blending stocks in name, character and use. Thus, under the traditional
change in name, character and use test, the commenter submits that the
blending of the various stocks to produce gasoline constitutes a
substantial transformation.
Customs Response: Customs disagrees. The specific rules for heading
2710 codify prior Customs rulings regarding the country of origin of
various petroleum products. For example, in HQ 555032 dated September
23, 1988, and HQ 557180 dated December 23, 1993, Customs addressed the
issue of whether certain petroleum products, such as gasoline and
diesel fuel, produced in the U.S. Virgin Islands qualify for duty-free
treatment under General Note 3(a)(iv), HTSUS (the duty-free program for
products of U.S. insular possessions). Customs determined that one or
more substantial transformations occurred when crude oil imported into
the Virgin Islands was subjected to refining and other processes,
resulting in chemical reactions and the creation of various motor fuel
blending stocks and other motor fuel components. Thus, it was
determined in the above rulings that the petroleum products qualifed as
``products of'' the insular possession. While Customs also held in HQ
555032 and HQ 557180 that the subsequent blending of the blending
stocks and other motor fuel components in the Virgin Islands to create
the final petroleum products resulted in a substantial transformation,
this portion of these rulings was not an origin determination but
rather pertained solely to the issue of whether the imported crude oil
could be considered a domestic material for purposes of the foreign
material value limitation of General Note 3(a)(iv), HTSUS. Therefore,
the Sec. 102.20 rules, which provide for a change to heading 2710 from
any other heading (e.g., crude petroleum of heading 2709) or a change
to any good of heading 2710 from any other good of heading 2710,
provided the change is the result of a chemical reaction (e.g.,
alkylate produced from a chemical reaction affecting a heading 2710
good), are consistent with Customs country of origin rulings on these
products. However, as Customs previously has stated, the Part 102 rules
will not be applicable for determining the value content requirements
under duty preference programs.
Subheading 2936.90 (Vitamins)
Comment: One comment was received concerning the specific tariff
rule for these goods. This commenter suggested that the rule, which
provides for a change to this subheading from any other subheading
except from subheadings 2936.10 through 2936.29, should be less
restrictive. This commenter believes that changes from the other
vitamin provisions in this heading should be allowed.
Customs Response: Customs disagrees. Consistent with Customs'
interpretation of the substantial transformation standard, this rule is
designed to keep simple blending of different vitamins, which after
such blending remain classified in this heading, from being considered
a substantial transformation. Customs believes that no degree of
blending can substantially transform foreign constituent vitamin
components into a product of the country in which the blending occurs.
The Customs position on this matter is consistent with the position
regarding similar processing of other chemical products, such as
pharmaceuticals and herbicides. See the analysis of comments below in
connection with these products.
Chapter 30 (Pharmaceuticals)
Comments: Six comments were filed in response to the interim and
proposed Sec. 102.20 rules applicable to pharmaceuticals of Chapter 30.
These rules, for the most part, allow a change to the subheadings of
this chapter, which consist of prepared pharmaceuticals, from any other
subheading except from the bulk pharmaceuticals of Chapter 29 or other
[[Page 28943]]
provisions. The commenters essentially claim that the formulation of
dosage form pharmaceuticals is a substantial transformation of the bulk
pharmaceuticals of Chapter 29. They claim that the Chapter 29
pharmaceuticals are unsuitable for therapeutic or prophylactic use. In
order to be usable, the commenters state that the pharmaceuticals must
be worked up to particular dosage forms which involves numerous complex
intermediate steps ranging from exact weighing to final presentation in
tablets, capsules, injections or ointments and which adds more than 50
percent to the value of the product. In this regard one commenter
argues that for a gastric acid secretion pharmaceutical, a substantial
transformation occurs when a special coating is given to the medicine
so that it can pass through the stomach intact for release in the
intestines. Finally, some commenters claim that the ``40 percent''
criterion that is contained in the specific rules for blends of
pharmaceuticals, is inconsistent with current practice. Under these
rules, if a mixture or blend of bulk pharmaceuticals, classified in
this chapter, contains at least 40 percent domestic content of the bulk
pharmaceutical, the specific tariff rule of Sec. 102.20 would be met.
Customs Response: Customs disagrees with these comments. Customs
believes that the Sec. 102.20 rules properly reflect Customs' current
position regarding the substantial transformation of bulk
pharmaceuticals. It is Customs' view as reflected most recently in 1993
(HQ 735146 issued on November 15, 1993 ) that the bulk (pure) active
pharmaceutical ingredient which is reduced in potency by dilution with
other inert ingredients, such as starch and other excipient, is not
substantially transformed into a new and different article having a new
name, character and use. The essential character of these products,
both chemically and functionally, remains the same after the processes
performed to make them readily consumable. For example, when Customs
concluded in the 1993 ruling that the processing of 100 percent pure
acetaminophen, through granulation and addition of excipient to make a
90 percent pure product that is then used to make tablets, was not a
substantial transformation, Customs took note of the following: (1)
Like most pharmaceutical products, the ``name'' of the product did not
change from the bulk pharmaceutical to the finished product (the
product was still referred to as ``acetaminophen''); (2) the ``use''
did not change, since both the original and finished products were used
for medicinal purposes (while the metabolic activity of the drug is
standardized as a result of a controlled dilution, it is not changed);
and (3) finally, the essential character of the product as a medicine
did not change even after processing into tablets. The essence of the
pharmaceutical ingredient had not changed fundamentally. Indeed,
regardless of the commercial brand under which it is marketed, the
product being purchased to provide pain relief is the drug,
acetaminophen. Similar rulings were issued previously in 1979 (HQ
005716 dated July 12, 1979, C.S.D. 80-34, with regard to the
granulation and dilution of Naproxin with starch) and in 1986 (HQ
554067 dated May 23, 1986, with regard to oxfendazole, a veterinary
drug, which was micropulverized and packaged into dosages fit for
veterinary use). Thus, in response to the comment concerning
encapsulation, Customs believes that this process does not alter the
fundamental nature of the pharmaceutical. Although it helps to deliver
the product, the pharmaceutical still has the same activity.
In response to the comments claiming that significant value is
added as a result of the processing of the bulk pharmaceuticals,
Customs finds relevant the fact that the Court of International Trade
has held that in determining the issue of substantial transformation,
the ``name, character, or use'' test should be sufficient since the use
of a value criteria can lead to anomalous results. National Hand Tool
v. U.S., supra. In any case, however, Customs believes that in regard
to the total production of pharmaceuticals classified in Chapter 30,
the predominate costs are incurred in the production of the bulk
pharmaceutical drugs classified in Chapter 29 and other chapters under
the HTSUS. In most instances, costs of end processing of the
pharmaceutical drug are inconsequential when compared to the enormous
costs involved in the multi-stage chemical reactions and separations
and the years of research needed to develop and produce the bulk
pharmaceutical.
Finally, Customs also disagrees with the commenters' objections to
the ``40 percent'' criterion in the tariff shift rules for
pharmaceuticals mixtures. Under this rule, a change of origin can occur
as a result of blending different imported bulk pharmaceuticals with
domestic pharmaceuticals if the finished product (i.e., the Chapter 30
product) contains at least 40 percent, by weight, of domestic bulk
pharmaceutical. Customs finds this rule to be entirely consistent with,
if not more liberal than, Customs' current practice of applying the
substantial transformation principle to blending operations involving
chemical products. Generally, the simple blending together of
chemicals, which does not result in a chemical reaction that creates a
new chemical has not been recognized as a substantial transformation.
However, if one or more of the chemical ingredients was produced in the
country where the blending occurs, Customs would not view the
production of the mixture as resulting solely from a simple combining
or blending operation. See, e.g., 19 CFR 10.195(a)(2). Customs,
however, does not always find a substantial transformation in cases in
which there is more than a simple blending. The ``40 percent'' rule,
however, codifies the position that when the blending operation
involves as least 40 percent domestic origin bulk pharmaceutical, it
will not be considered a simple blending and will always be sufficient
to confer origin.
Headings 3302 Through 3303 (Perfumes)
Comment: One comment was received concerning the Sec. 102.20 rules
for these goods. The first of the two rules disallows a change to
heading 3302 (mixtures of odiferous substances that are ``of a kind
used as raw materials in industry'') from essential oils of heading
3301 and from ethyl alcohols of headings 2207 and 2208. The rule for
perfumes and toilet waters (heading 3303) disallows a change from the
perfume oil mixtures and blends of subheading 3302.90. The commenter
objects to the above rules, claiming that they are too restrictive.
Customs Response: Customs disagrees. The commenters fail to note
that the rules do allow a change from the essential oils of heading
3301 to the perfumes and toilet waters of heading 3303, which is
consistent with Customs' application of the substantial transformation
principle to these goods. In HQ 723312 dated November 22, 1983 (cited
with approval in HQ 733945 dated March 26, 1991), Customs ruled that
the production of perfumes as a result of blending foreign essential
oil with U.S. origin denatured alcohol, stabilizer, coloring matter and
water resulted in a substantial transformation of the foreign essential
oil. The Sec. 102.20 rule for perfumes goes even further by allowing
the denatured alcohols included in the blend to be foreign as well.
Thus, it appears that the commenter's objection is to the fact that the
rules do not allow a simple dilution of perfume bases (a change from
subheading 3302.90 to heading 3303) or
[[Page 28944]]
a simple blending of essential oils and alcohols (a change from heading
3301, 2207 or 2208 to heading 3302). Customs believes that a simple
dilution or blending of these goods does not represent a substantial
transformation into a new and different article of commerce. However,
Customs believes that when the raw materials of headings 3301, 2207 and
2208 are processed to make a finished product such as perfumes or
toilet water, they have been substantially transformed, and, as stated
above, the Sec. 102.20 rule codifies this position.
Subheading 3402.11 (Linear Alkylbenzene Sulfonates)
Comment: Two comments were received concerning the Sec. 102.20 rule
for these goods which provides: ``A change to subheading 3402.11
through 3402.20 from any other subheading, including another subheading
within the group.'' Although both commenters support Customs' efforts
toward greater objectivity and predictability in origin determinations,
they suggest that a change from subheading 3817.10 to subheading
3402.11 should not be allowed since such a change can result from a
very simple process which does not result in a substantial
transformation.
Customs Response: Customs agrees that the described change should
not be recognized as constituting a substantial transformation. The
process normally involves in part the segregation of the individual
linear alkylbenzene components from mixed linear alkylbenzenes
classified in subheading 3817.10. However, in Sec. 102.20, Note 2 to
the Section VI (Chapters 28 through 38) tariff shift rules sets forth a
``Separation Prohibition'' provision which expressly precludes ``a
change from one classification to another merely as the result of the
separation of one or more individual materials or components from a
man-made mixture unless the isolated material/component, itself, also
underwent a chemical reaction.'' Therefore, Customs believes that the
concerns raised by the commenters will be resolved by this note.
However, in order to clarify this issue, the Sec. 102.20 rule for
subheading 3402.11 has been modified to make clear that a substantial
transformation does not result from a change from mixed linear
alkylbenzenes of subheading 3817.10.
Headings 3701-3703 (Photographic Film)
Comments: Two comments were received concerning these rules. One of
these comments focused primarily on the general result of operating
under Sec. 102.14 (U.S. goods returned) and thus is no longer relevant
in light of the adoption of the proposal to remove this section as
discussed above. The other commenter claims that the Sec. 102.20 rules
should allow a change in tariff classification from jumbo rolls of film
classified in subheading 3702.41 to the smaller sized film cartridges
classified in subheading 3702.51 and subheading 3702.41 so as to be
consistent with the substantial transformation principle.
Customs Response: Customs disagrees. The rules for these goods
require a change to headings 3701 though 3703 from headings outside
that group. It has been a longstanding position of Customs that cutting
to length and width does not result in a substantial transformation of
the article subjected to such processing. Customs specifically
addressed this issue in connection with the production of photographic
film cartridges in HQ 732842 dated February 23, 1990. In HQ 732842, the
foreign material consisted of sheets of photographic film in rolls
measuring 58 inches wide and 9,500 feet long, which were subjected to
processes consisting of applying a non-photosensitive emulsion coating,
cutting the bulk photographic film to length and width, inserting them
into cassettes, and then placing the cassettes into plastic sealed
containers and cartons for retail sale. The imported film base in HQ
732842 already had been ``sensitized'', i.e., it already had been
subjected to an application of photosensitive emulsion. (This is the
process which, in ORR 217-69 dated March 28, 1969, Customs had ruled
resulted in a substantial transformation of the film base into
photographic film, a new article with new physical characteristics
(light sensitivity and ability to form an image from which a positive
can be made) and new uses different from the base from which it was
made.) Thus, Customs concluded in HQ 732842 that the processes to which
the already-sensitized photographic film was further subjected (e.g.,
cutting to length and width, inserting into cartridges, and packaging)
did not result in a new and different article with new name, character
and use.
Customs believes that the positions expressed in the above rulings
properly interpreted the substantial transformation standard, and the
Sec. 102.20 rules for these goods are entirely consistent with these
rulings. The rules allow a change from headings 3701 through heading
3703 from headings outside the group. This would allow changes from the
unsensitized film base (plastic or paper provisions outside of Chapter
37), consistent with ORR Ruling 217-69. Moreover, the rules do not
allow a change from one size of sensitized film to another when the
difference in sizes is in terms of length and width.
Subheadings 3808.10 and 3808.20-3808.90 (Pesticides, Herbicides and
Fungicides)
Comments: Three comments were received. These commenters object to
the proposed tariff shift rules for subheadings 3808.10 and 3808.20-
3808.90 that do not allow a change in origin for bulk insecticides,
fungicides, herbicides, rodenticides or pesticides of Chapter 28 or 29
that are converted to Chapter 38 products. One commenter agrees that if
the conversion only represents mere dilution, there is no change in
origin; however, it is suggested that Sec. 102.17 of the interim
regulations disqualifies operations involving the mere dilution with
water or another substance. Rather, it is stated that some conversion
processes are more than ``mere dilution'', such as where an active
ingredient is converted to a finished product by formulation and
granulation. During formulation, the ingredient is blended with
selected inert ingredients and milled. Although the inert ingredients
do not chemically react with the active ingredient, it is stated that
they do provide a specific functionality as dispersants, wetting
agents, defoamers, buffers, binder, diluents, etc. Following the
formation process, the material undergoes granulation which is an
agglomeration process designed to produce product granules of specified
size and characteristics.
One commenter asserts that Customs ignores sophisticated
manufacturing procedures such as the conversion of bulk Flumetron into
the finished products ``Cotoran 4L'' and ``Cotoran DF''. ``Cotoran 4L''
is manufactured by grinding Flumetron and dispersing the ground product
in liquid. ``Cotoran DF'' is a dry herbicide produced by blending
Flumetron with inert materials (form of dilution) which is then
granulated into the finished product. Another commenter suggests that
origin should be conferred by processes such as chemical
transformation, physical processing that would place an herbicide into
a substrate or medium, and physical processing which modifies a
quality.
Customs Response:
Customs disagrees. These rules are consistent with Customs'
practice and interpretation of the substantial transformation
principle. In HQ 555064 dated March 29, 1990, Customs determined that
the formulation of
[[Page 28945]]
propanil-4, a herbicide for rice, from technical propanil did not
constitute a substantial transformation for purposes of the Caribbean
Basin Economic Recovery Act. This decision was based on T.D. 78-168, 12
Cust. Bull. 353 (1978), which held that the formulation of the
herbicide diuron wettable powder by mixing technical diuron with
various agents was not a substantial transformation for purposes of the
Generalized System of Preferences. These findings are also consistent
with National Juice Products Association v. United States, supra, where
the court found that imported manufacturing orange juice concentrate
was the very essence of frozen concentrated orange juice and
reconstituted orange juice. The court noted that the addition of water,
orange essence and oils to the concentrate, while making it suitable
for retail sale, did not change the fundamental character of the
imported product and, therefore, was not a substantial transformation.
While Customs does not dispute the importance to the end user of
placing herbicides, such as Flumetron, into its final dilute wettable
form, it is the opinion of Customs that these final steps simply place
the herbicide in an applicable form without changing its function or
chemical structure. Additionally, because the bulk product is more
compact than the finished product, it is economically feasible to trade
the bulk form (``Flumetron'') of the herbicide rather than the final
dilute wettable or liquid forms of the herbicide (``Cotoran''). It is
also the opinion of Customs that these tail-end procedures are far less
important when compared to the production of the bulk herbicide. The
manufacture of the bulk herbicide is a complicated multi-step organic
synthesis which takes place in a petrochemical facility. This process
normally follows a significant number of years and amount of resources
committed to the research and development of the bulk herbicide. Thus,
in addition to the fact that the process of mixing the bulk herbicide
with inert materials or with a wetting agent to place it in an end use
form does not change the essential character of the herbicide, this
process, when compared to the manufacture, research, and testing of the
bulk herbicide, involves significantly less economic outlay. Therefore,
it is the opinion of Customs that the processing of bulk herbicides
into dilute wettable form herbicides does not substantially transform
the bulk herbicides.
Headings 4104-4107 (Leather)
Comment: One comment was received concerning the May 5, 1995,
proposal to amend the Sec. 102.20 interim rule for headings 4104
through 4107 to disallow a change from ``wet blues'' leather to
``finished leather''. This commenter supported the proposed amendment
on the grounds that processing raw hides to wet blues leather is
sufficient to confer origin and that additional processing to make wet
blues into finished leather constitutes finishing operations which are
insufficient to change the country of origin of the leather.
Customs Response: Customs agrees with the comment. For the above
reasons and the reasons cited in the May 5, 1995, notice, the proposed
rule for goods of heading 4104 through 4107 is reflected in Sec. 102.20
as set forth below.
Headings 6401-6405 (Complete Footwear)
Comment: The interim Sec. 102.20 rule for the above goods provides
for a change to headings 6401 through 6405 from any heading outside the
group, except from formed uppers. One comment was received concerning
this rule. This commenter noted, and expressed approval for, the fact
that the above rule is consistent with Customs longstanding application
of the substantial transformation principle to footwear.
Customs Response: Customs agrees that the Sec. 102.20 rule for
these goods is consistent with its interpretation of the substantial
transformation principle. It should be noted that Customs' practice in
this area is also in direct compliance with the decision in Uniroyal,
Inc. v. United States, supra, where the court held that footwear uppers
which were ``lasted'' or permanently molded into the ultimate shape,
form, and size of the complete shoe, were not substantially transformed
by the attachment thereto of an outsole since the upper was the very
``essence'' of the finished shoe. Therefore, with the exception of
footwear with uppers and soles made of wool felt (which are covered by
new Sec. 102.21--see the above discussion regarding rules of origin for
textile and apparel products), the Sec. 102.20 rule for goods of
headings 6401 through 6405 is set forth below without substantive
change.
Headings 7010-7018 (Glass Articles)
Comments: Only one comment was received in response to the May 5,
1995, proposal to amend several of the Sec. 102.20 rules for goods of
the above headings. This comment expressed support for the proposed
amendment to the Sec. 102.20 rules applicable to decorative crystal,
which will now recognize certain prescribed operations performed on
uncut and unpolished glassware blanks as resulting in a change of
origin of the glass blanks.
Customs Response: For the reasons stated in the background
discussion for the proposed amendments, as well as the reasons cited
elsewhere in this document for general changes affecting these rules,
and in consideration of the comment received, the proposed changes to
the Sec. 102.20 rules for goods of headings 7010 through 7018, are
adopted and set forth below without substantive change.
Chapter 72 Note (Cold Rolled, Flat Rolled Steel)
Comments: Three comments were received in response to the July 12,
1995, proposal to amend the Sec. 102.20 rules for Chapter 72 goods by
adding a note that allowed cold rolled, flat rolled steel, which is
produced by reduction of hot rolled flat rolled steel, to be treated as
a good of the country in which the cold reduction occurred. Two
commenters supported the note as proposed. One of these commenters
stated that the proposed note was consistent with Customs' longstanding
position that these cold rolled flat rolled products are substantially
transformed in the country where cold reduction took place. The second
of these commenters noted its support for all of the Chapter 72 and 73
rules, citing its belief that these rules are more transparent and
predictable for determining country of origin. The third commenter
supported the principle reflected in the proposed Chapter 72 note but
also suggested that the scope should not be limited to flat rolled
products but rather should include other products such as pipe that are
subjected to a cold reduction process. This commenter stated that the
rationale for the Chapter 72 note, i.e., that there is a significant
reduction in the thickness of hot rolled, flat rolled, product which
changes the crystalline structure of the steel products by elongating
it, applies to hot extruded tubular products which are subjected to a
cold reduction process.
Customs Response: Customs does not agree with the comment
suggesting that the proposed note be amended to cover additional
products. Customs believes that the cold reduction of hot rolled flat
rolled steel results in a substantial transformation of the hot rolled
flat rolled steel not only because there has been reduction in size but
also because of the changes in use caused by this process.
[[Page 28946]]
Unlike the circumstances relating to the hot extrusions (hollows)
and wire rod, Customs finds that the hot rolled flat rolled steel
product is not necessarily dedicated to becoming cold rolled flat
rolled steel. The cold reduction process results in changing a product
(hot rolled steel) which has versatile uses to one that has limited
uses. For example, in HQ 080277 dated September 21, 1987, in which
Customs ruled that hot rolled steel coil was substantially transformed
when made into cold rolled full hard steel coil as result of a cold
reduction process, Customs noted the fact that each of the two products
was marketable to a distinct consumer group and that thin gauge hot
rolled coil generally could be substituted for cold rolled full hard
steel coil in commercial applications. Thus, hot rolled flat rolled
steel is not dedicated to become cold rolled flat rolled steel before
it can be used for any intended purpose. For example, hot rolled, flat
rolled steel can be used as steel planks, ship hulls and similar
products, or it can be cold rolled into steel sheeting having specific
uses (e.g., automobile steel). For reasons explained more fully below,
Customs does not agree that the same rationale applies to wire and tube
products.
Heading 7210 (Flat Rolled Steel, Coated, Clad or Plated)
Comment: One comment was received regarding the Sec. 102.20 rule
for heading 7210 (flat-rolled iron or steel of 600 mm or more, coated,
clad, or plated), under which a change from headings 7208 through 7212
is not allowed. This commenter proposes that origin be conferred when
flat-rolled steel of heading 7209 is coated, clad, or plated.
Customs Response: Customs disagrees. Consistent with the rationale
set forth in the Superior Wire case discussed in the response to the
next comment, it is the position of Customs that a substantial
transformation does not occur through the coating, cladding or plating
of flat-rolled steel. It is Customs' view that the use and character of
such products are predetermined by the imported steel, and that
coating, cladding, and plating merely constitute finishing steps in the
completion of the product.
Headings 7217 and 7223 (Wire)
Comments: Four comments pertain to the processing of wire rod into
wire. Under the Sec. 102.20 rules, a change is not allowed to heading
7217 (wire of iron or non-alloy steel) from headings 7213 through 7215
(bars and rods of iron or non-alloy steel); nor is a change allowed to
heading 7223 (wire of stainless steel) from heading 7221 or 7222 (bars
and rods of stainless steel).
Each of the four commenters believes that a change should be
allowed when wire rod is converted to wire under certain circumstances.
One commenter believes that the rule should take into account the heat
treatment (annealing) involved in treating stainless steel rod; another
commenter is of the opinion that drawing and annealing the rod should
confer origin if at least a minimum reduction of 75 percent in surface
area occurs; and a third commenter proposes that origin be conferred
when the conversion of wire rod to wire includes the process of
galvanizing. The fourth commenter believes that a change should be
allowed to heading 7217 from headings 7213 through 7215 if there is
either a substantial transformation or a regional value content of not
less than 50 percent of the net cost of the good. A change would not be
allowed if the carbon content of the wire rod is less than a certain
minimum, the reduction in cross-sectional area is less than 75 percent,
and the wire is not further processed by heat treatment or coating.
Customs Response: In Superior Wire v. United States, 11 CIT 608,
669 F. Supp. 472 (CIT 1987), aff'd, 867 F.2d 1409 (Fed. Cir. 1989), the
Court of International Trade held that the drawing of wire rod into
wire through a multi-stage process did not constitute a substantial
transformation of the wire rod, since there was no significant change
in use or character of the imported material. The court noted that
while the wire emerged stronger and more rounded after drawing the wire
rod, its strength characteristic was metallurgically predetermined, and
the chemical content of the rod and the processes used in its
manufacture determined the properties the wire would have after
drawing. Thus, while the wire rod and wire had different names and
identities in the industry, the court found that they were essentially
different stages of the same product.
The Sec. 102.20 rules codify the court's decision in Superior Wire
that a substantial transformation does not occur when wire rod is
converted to wire. While the record in Superior Wire does not indicate
whether annealing also took place, Customs notes that the most
significant operation involved in transforming wire rod to wire is the
drawing process, which reduces the rod in cross-sectional area. It is
Customs opinion, based on the rationale of Superior Wire, that heat
treatment (annealing) and/or galvanizing (which may be performed
subsequent to the drawing process) do not change the use or character
of the wire, which is predetermined by the wire rod. These processes
are merely finishing steps in the processing of the wire rod to wire.
With regard to the fourth commenter's suggestion of the use of a value
added criterion, the Customs responses to previous comments in this
document (e.g. Sec. 102.16, Sec. 102.20 (pharmaceuticals)) are hereby
incorporated by reference.
Subheading 7304.41 (Pipes and Tubes)
Comments: Two comments were received regarding the Sec. 102.20 rule
applicable to seamless tubing and pipe classifiable under subheading
7304.41, HTSUS. The rule for these goods provides for a change to
heading 7301 through 7307 from any other heading, including another
heading within that group. The two commenters oppose this Sec. 102.20
rule. One commenter states that these products are produced by cold
working processes performed on thick-walled hot extrusions known as
hollows. The hollows are subjected to a cold-working process known as
``pilgering'' which employs matched pairs of rotating dies in
conjunction with a mandrel to reduce the diameter and wall thickness.
Drawbenches, another cold-working process, is also used in conjunction
with pilgering equipment to produce the smallest-sized product range.
Other processes, including degreasing, heat treating, straightening,
cutting, deburring, and polishing, are also performed. The commenters
claim that these processes performed on hollows to produce stainless
steel pipe and tube in sizes ranging from \1/4\ inch up to 1\1/2\ inch
in outside diameter result in a substantial transformation of the
hollows.
Customs Response: Customs disagrees. Customs has found the decision
in Superior Wire v. United States, supra, supportive of the conclusion
that tube hollows cold drawn to smaller sizes are not substantially
transformed. See HQ 558825 dated February 9, 1995, and HQ 556932 dated
January 14, 1993. In HQ 556932, only a seven-step process performed on
imported steel rod, consisting of pickling, drawing, threading, die-
forming, threading of bolts and tapping of nuts, heat treatment, and in
some cases, plating, collectively constituted a single substantial
transformation. Accordingly, Customs disagrees that the Sec. 102.20
rule, which disallows a change in origin for hollows subjected to
pilgering, are inconsistent with the court's application of the
substantial transformation test to similar merchandise, e.g., wire rod
to wire. To the extent that there may be
[[Page 28947]]
rulings which indicate that similar processes resulted in a substantial
transformation, these rulings were issued prior to the decision in
Superior Wire.
Subheadings 8470.10-8471.91 (Calculating, ADP Machines (Computers))
A. Comments on Computers in General
For those Sec. 102.20 rules for goods of Chapters 84 and 85, which
generally disallowed tariff changes resulting from a ``simple
assembly'', Customs proposed revisions which clarified that only those
changes from specifically identified tariff provisions will be
disallowed when the production of the good resulted from a ``simple
assembly'' as defined under Sec. 102.1(o). Only those provisions from
which a change in tariff classification indeed can result from simple
assembly are now included in the ``simple assembly'' provisos in these
tariff shift rules. Thus, the proposed rules for subheadings 8470.10
through 8471.91 (which covers ADP machines) was proposed to be revised
to read as follows:
A change to subheading 8470.10 through 8471.91 from any
subheading outside that group, except from heading 8473; or A change
to subheading 8470.10 through 8471.91 from any subheading within
that group or from heading 8473, provided the change is not the
result of a simple assembly.
Three comments were received concerning the Sec. 102.20 rules
applicable to the production of computers from foreign materials. One
commenter claims that, since a change in tariff classification occurs
when a CPU chip is mounted onto a stuffed printed circuit board, a
change of origin should also occur as a result of this operation.
Another commenter states its belief that in order to determine the
origin of a computer not wholly obtained in a country, one must
identify the country in which an identically classified PCA (printed
circuit assembly) underwent a prescribed change in classification and
then assign that origin to the entire computer. Finally, the third
commenter complained that under the Sec. 102.20 rules, the assembly of
a motherboard (single board computer) into a housing would not
represent the requisite change in tariff classification under the
rules.
Customs Response: Customs disagrees with the above comments. As
noted above, many of the tariff changes are precluded because of a
``simple assembly'' of the finished good. Section 102.1(o) defines this
term as ``the fitting together of five or fewer parts all of which are
foreign (excluding fasteners such as screws, bolts, etc.) by bolting,
gluing, soldering, sewing or by other means without more than minor
processing.''
With respect to the comment regarding the mounting of a CPU chip
onto an otherwise stuffed printed circuit board, Customs has ruled that
the simple mounting of a CPU chip (classifiable in heading 8542, HTSUS)
onto a stuffed printed circuit board (classifiable in heading 8473,
HTSUS), which results in a good (a ``motherboard'') classified in
subheading 8470.10 through 8471.91, is not a complex and meaningful
operation which should confer origin. See, HQ 734518 dated June 28,
1993, wherein Customs ruled that the mounting of a CPU chip onto the
motherboard was a simple operation which did not constitute a
substantial transformation. Therefore, if both the CPU chip and the
stuffed printed circuit board are of foreign origin, pursuant to
Sec. 102.1(o), the operation of mounting the CPU chip onto the board is
a simple assembly and the result reached under the Sec. 102.20 rule is
consistent with the Customs position set forth in the cited ruling.
However, if either the CPU chip or the stuffed printed circuit
board is of domestic origin, the operation would not be considered a
simple assembly under Sec. 102.1(o) and, therefore, the motherboard
would meet the tariff shift rule and a change of origin would occur. In
addition, even if there is a ``simple assembly'' and the tariff shift
rule is not met, by operation of the Sec. 102.11 hierarchy, it must be
determined under Sec. 102.11(b) whether one of these parts imparts the
essential character to the finished motherboard. If, as a result of the
consideration of relevant factors set forth in Sec. 102.18(b), it is
determined that one of these parts imparts the essential character to
the good, the origin of that part is the origin of the good. If neither
of these parts imparts the essential character to the good, then
pursuant to Sec. 102.11(d) the origin of the good would be the country
of origin of both parts if they are products of the same country, or
the country in which the motherboard was finally assembled if these
parts have different countries of origin.
Contrary to the general tenor of the comments, Customs believes
that, as compared to Customs current practice and rulings under which
these goods may have multiple countries of origin in many instances,
the part 102 rules for computers are fairly liberal and easily
implemented. Essentially, any change in tariff classification at the
subheading (six-digit) level results in a change of origin, unless the
change is from heading 8473 (parts for computers) or unless the change
is from another subheading within the same group covered by the rule,
in which case the change in tariff classification still could be
allowed so long as the change did not result from a ``simple assembly''
of the finished good.
With respect to the issue of the motherboard, Customs has
consistently held that a completed motherboard imparts the essential
character to a computer and is therefore classified in the same
provision as the computer. The term, ``motherboard'' generally refers
to a single board computer generally missing only the housing, fan, and
power supply. Therefore, Customs would not consider that there has been
a substantial transformation, i.e., a change in name, character or use
as a result of incorporating a motherboard into a housing. Therefore,
since the motherboard is not classified under heading 8473 or outside
the subheading covering the computer to which it relates, but instead
is classified as the computer itself, any foreign motherboard will not
meet the Sec. 102.20 rule, even if the finished computer did not result
from a ``simple assembly''. Customs believes this interpretation is
entirely consistent with Customs' longstanding position that the
motherboard, when assembled into a housing to make the finished
computer, does not undergo a substantial transformation. See HQ 734093
dated August 8, 1991, where Customs ruled for country of origin marking
purposes that the final assembly of motherboards (i.e., boards that
already included the CPU chips) with other components consisting
primarily of connectors did not result in a substantial transformation
of the motherboard.
B. Comment on Subheading 8470.50 (Point-of-Sale Terminals)
One comment was received concerning the specific rule applicable to
point-of-sale terminals which are classifiable in subheading 8470.50,
HTSUS. This commenter states that these goods rarely consist of more
than five parts (a logic unit, a keyboard, a printer unit, a display
stand and a cash drawer) and thus expresses concern about the
difficulty in meeting the Sec. 102.20 rule.
Customs Response: Customs disagrees with this comment, which was
not supported by specific facts. Customs believes it is unlikely that
the assembly of a point-of-sale terminal would include five or fewer
parts. For instance, if the assembler adds a power cord or power supply
to the unit as described by the commenter, and all of these parts
[[Page 28948]]
were assembled in one country, there would have been an assembly of
more than five parts.
C. Comment on Processor Units of Subheadings 8471.20 and 8471.91
One comment was received concerning the application of the
Sec. 102.20 rule for goods of the above subheading. This commenter
expressed concern that the incorporation of a hard disk drive and a
floppy disk drive of subheading 8471.93, or a display unit of
subheading 8471.92, into processor units of subheadings 8471.20 and
8471.91 would not be an acceptable change in tariff classification
under Sec. 102.20.
Customs Response: Customs disagrees. One of the Sec. 102.20 rules
for processor units of subheadings 8471.29 and 8471.91 expressly allows
a change in tariff classification from hard or floppy disk drives of
subheading 8471.93 to display units of subheading 8471.92, since these
latter subheadings are outside the group to which the tariff shift rule
applies (that is, subheadings 8470.10 through 8471.91). Therefore,
incorporating disk drives and display units into ADP processor units
would result in a tariff shift, thereby conferring origin. This tariff
shift rule is consistent with Customs' current position. See HQ 735608
dated April 21, 1995, wherein Customs held that foreign components,
consisting of case assemblies, partially completed motherboards (i.e.,
without the CPU and, in some cases, BIOS), hard disk drives and slot
boards, which were further processed and assembled into desktop
computers in the United States were substantially transformed as a
result of the U.S. operations.
Subheadings 8471.92-8472.90 (Other Machines for Transcribing or
Processing Coded Data or Other Office Machines)
A. Comment on Subheading 8471.92 (Printers)
The Sec. 102.20 rules for goods of subheadings 8471.92 through
8472.90 were proposed to be revised in the May 5, 1995, notice of
proposed rulemaking to read as follows:
A change to subheading 8471.92 through 8472.90 from any
subheading outside that group, except heading 8473; or A change to
subheading 8471.92 through 8472.90 from any subheading within that
group or from heading 8473, provided the change is not the result of
a simple assembly.
One comment was received on the Sec. 102.20 rules as they relate to
printers. This commenter claims that a substantial transformation
occurs in the country where any one of the media transport, control or
print mechanisms are combined with the others, and with other parts, to
make a functional printer. The concerns expressed by this commenter are
linked to the fact that as a result of the application of GRI 2(a), the
tariff classification for printers, subheading 8471.92, includes
unassembled printers as well as printers missing one of the components
(i.e., media transport, control or print mechanisms). Thus, if the
components at issue are classified in the same provision as the
finished printer as a result of GRI 2(a), the Sec. 102.20 rule, which
requires a change to the subheading from another subheading outside the
group, or a subheading change within the described group if the change
did not result from a simple assembly, will not be met.
Customs Response: Customs believes that the result described by
this commenter properly reflects the application of the substantial
transformation principle. With the exception of the rule for television
receivers (subheadings 8528.10 through 8528.20) and video display units
(computer monitors) of subheading 8471.92) discussed later in this
document, Customs believes that even when there are two or more
materials that are classified in a provision from which a change in
tariff classification is not allowed under the Sec. 102.20 rule, if one
material (e.g., a printer subassembly) is classified in the same HTSUS
provision as the finished good, such material invariably will
constitute pursuant to Sec. 102.11(b) the ``single material'' that
``imparts the essential character'' to the good, and the origin of that
material will be the origin of the finished good.
On the other hand, if the printer is imported completely
unassembled, but the Sec. 102.20 rule will not have been met because of
the classification of the unassembled printer as the finished good,
country of origin may not be able to be determined under Sec. 102.11(b)
if no single one of the unassembled components, alone, imparts the
essential character to the printer. In such instance, if there are more
than five parts, or if some of the parts are of domestic origin,
pursuant to Sec. 102.11(d), the country of origin of the printer could
be the country of assembly. This possibility further supports the
opinion of Customs that the Sec. 102.20 rules, coupled with the
operation of the Sec. 102.11 hierarchy, do not depart from Customs'
current application of the substantial transformation principle.
B. Comments on Subheading 8471.93 (Storage Devices)
The Sec. 102.20 rule for these goods is the same rule applicable to
the printers discussed in the previous comment analysis. The tariff
classification for ADP storage units will include units without read-
write units assembled therein and read-write units separately entered.
Similar to the printer components discussed above, these components are
classified pursuant to GRI 2(a) as unassembled or incomplete storage
units because they have the essential character of the finished good.
Therefore, like the printers components, these units do not meet the
Sec. 102.20 tariff shift rule for storage devices. Two comments were
received concerning the Sec. 102.20 rule for these goods. Both
commenters expressed concern that the assembly of a storage unit into a
rack containing other storage units would not be considered a
substantial transformation and that when multiple storage units are
rack mounted (storage array), they would retain their original country
of origin.
Customs Response: The response to the comment concerning printers
is hereby incorporated by reference since the analysis set forth
therein is equally applicable to the storage units described by these
commenters. However, Customs agrees with the present commenter's
observation that, in this case, if the Sec. 102.20 rule is not met, the
country of origin will be the country or countries of origin of the
storage units. The storage unit(s), regardless of their number, will be
considered as the ``single material that imparts the essential
character'' to the good, and pursuant to Sec. 102.11(b), the country or
countries of origin of the storage units will be the country or
countries of origin of the rack mounted storage units. Customs believes
this outcome is entirely consistent with that reached under the current
application of the substantial transformation principle.
C. Comment on Subheading 8471.93 (Control/adapter Units)
One comment was received with respect to the Sec. 102.20 rule for
these goods. This commenter states that if control or adapter units
were to be assembled in the United States, they could be comprised of
other ADP units (disk drives and power supplies) which would not
undergo a tariff shift.
Customs Response: Customs disagrees with this observation and
believes that the rule in question appropriately reflects the
substantial transformation principle. The disk drive and the power
supply do not impart the essential
[[Page 28949]]
character to the finished control or adapter unit. In fact, a control
or adapter unit that is imported without the disk drive and power
supply would be classifiable as an unfinished control or adapter unit
as a result of the application of GRI 2(a). Thus, the fact that there
will be no change in tariff classification is consistent with the view
of Customs that the subsequent assembly of these units with the disk
drive and power supply does not substantially transform the imported
units. See the above comment analysis regarding printers. Contrary to
the commenter's claim, this result does not represent a departure from
current practice, and there are no rulings to support the commenter's
position.
Heading 8473 (Parts and Accessories of Machines of Headings 8469-8472)
Comments: The Sec. 102.20 rule for goods of heading 8473 proposed
in the May 5, 1995, notice of proposed rulemaking provides for a tariff
shift to heading 8473 ``from any other heading, except when the change
is from heading 8414, 8501, 8504, 8534, 8541, or 8542 as a result of a
simple assembly.'' Three comments were received concerning this
proposed rule. One commenter stated its view that the process of
fabricating key components should not be a necessary condition for a
final product to obtain origin status. Another commenter claims that
any change from heading 8414, 8501, 8504, 8534, 8541, or 8542 to
heading 8473 should be considered a substantial transformation. This
commenter cites example 3 in 19 CFR 10.14(b) in which a complex and
meaningful production process of a circuit board is described. Finally,
the third commenter seeks to have the rule further revised to allow the
programming of goods of heading 8473 to result in a change of origin.
As support for this position, this commentor cites HQ 733085 dated July
13, 1990, as clarified and affirmed by HQ 558868 dated February 23,
1995, wherein Customs held that the U.S. programming of random access
memory (``RAM'') chips in access security cards constituted a
substantial transformation of the imported card.
Customs Response: Customs strongly disagrees with the comments
advocating that the Sec. 102.20 rule should allow simple assemblies of
key components to confer origin. It has been long established as a
principle, by both Customs and the courts, that key components can
impart the essential character to the good and consequently will not be
substantially transformed by subsequent processing and assembly
operations. See Uniroyal, Inc. v. United States, supra. The operations
described in the example cited in 19 CFR 10.14(b) clearly do not
constitute a ``simple assembly'' and therefore would meet the criteria
set forth in the proposed Sec. 102.20 rule. Thus, the proposed rule is
consistent with the example cited by the commenter. On the other hand,
since a good of heading 8473 can be created by the mere joining of two
items, Customs believes the Sec. 102.20 rule properly disallows changes
from key components of goods classified under heading 8473 when the
change in tariff classification results from a ``simple assembly''.
This result is consistent with the position of Customs and the courts
that not all assembly and testing operations result in a substantial
transformation of the articles subjected to these operations.
Customs also does not agree with the comment that the programming
of goods classifiable in heading 8473 should be allowed to result in a
change in origin such as is allowed for goods classified in headings
8541 and 8542. Articles that are classified in heading 8473 consist of
a combination of goods that are more than a single integrated circuit
of headings 8541 and 8542 and are already identifiable as computer
parts and accessories. In order for a good to be classifiable as a
computer part or accessory of heading 8473, it usually consists of a
significant number of different types of electronic components. As
such, they have a substantial identity as computer parts and
accessories which is distinct from any individual integrated circuits
of which they may be composed. Therefore, any programming of the
individual chips resident on a printed circuit board that already has
the identity of a heading 8473 ADP part or accessory in no way changes
the name, character or use of that computer part or accessory. On the
other hand, articles classified in headings 8541 and 8542 are utilized
in any number of different goods which are classified in numerous other
provisions. Customs recently ruled in HQ 958314, issued November 29,
1995, that the good which was the subject of HQ 733085 and HQ 558868
cited by the third commenter is classifiable, both before and after the
programming, in heading 8542. The programming of goods of headings 8541
and 8542 changes their essential character since the programming
dedicates the chips to certain applications and the Sec. 102.20 rule
for these goods expressly codifies this position. Customs believes its
views are consistent with the court's decision in Data General
Corporation v. United States, 4 CIT 182 (1982). Therefore, the May 5,
1995, proposed revision of the Sec. 102.20 rule for these goods of
heading 8473 should be adopted.
Subheadings 8482.10-8482.80 (Bearings)
Comments: The Sec. 102.20 rule set forth in the May 5, 1995, notice
of proposed rulemaking for subheadings 8482.10 through 8482.80 provides
as follows:
A change to subheading 8482.10 through 8482.80 from any other
heading; or
A change to subheading 8482.10 through 8482.80 from any other
subheading, including another subheading within that group, except
from inner or outer races or rings of subheading 8482.99.
One comment was received on the proposed rule. This commentor
claims that the processes of grinding, polishing and heat treating of
rings and races should confer origin.
Customs Response: Customs disagrees. It remains the position of
Customs that these types of operations are merely finishing operations
which do not confer origin. None of these operations changes the
essential character of the article which is processed. The name,
character and use of the article remain the same after these operations
are performed. See National Hand Tool Corp. v. United States, supra,
wherein the court held that operations such as grinding, polishing and
heat treating are merely finishing operations which do not constitute a
substantial transformation. Therefore, the revision of the Sec. 102.20
rule for these goods should be adopted as proposed.
Subheading 8518.21-8518.22 (Loudspeakers)
Comment: One commenter alleges that the Sec. 102.20 rule for
subheadings 8518.21 and 8518.22, which requires a change from any other
heading, is inconsistent with the substantial transformation test. This
commenter states that consumer speakers mounted in an enclosure,
classifiable under either subheading 8518.21 or subheading 8518.22, can
consist of a tweeter, a mid-range, a woofer, or any combination of the
these three loudspeakers, while the speaker drive units (i.e.,
loudspeakers), which are not mounted in an enclosure and which are used
to manufacture complete speaker systems, are not consumer products and
are classifiable under subheading 8518.29, HTSUS. Therefore, it is
claimed that the Sec. 102.20 rule is contrary to the substantial
transformation test in that it does not consider the intricacies of the
crossover network, the circuitry usually necessary to deliver each band
of signals to the correct loudspeaker when a speaker
[[Page 28950]]
system contains a tweeter, a mid-range, and a woofer.
Customs Response: Customs disagrees. In HQ 556699 dated December
28, 1992, Customs held that the manufacture of completed speakers
consisting of a woofer, tweeter, midrange cone drivers, crossover
networks, and particle board from which the speaker housing was
constructed were considered ``products of'' Mexico for purposes of the
GSP, but only the cost or value of the particle board could be included
in the 35 percent value-content calculation. In that ruling Customs
also found that the enclosure of a stereo chassis (radio receiver, dual
cassette deck) with a housing, and with the addition of speakers, did
not serve to change the identity of the stereo chassis and did not
transform the stereo chassis into a new and different article of
commerce because the stereo chassis was the essence of the stereo
system.
The interim Sec. 102.20 rule for these goods provides for a change
in heading. In HQ 559139 dated August 31, 1995, Customs considered the
country of origin of a loudspeaker system classifiable under subheading
8518.22, HTSUS, containing a woofer, a tweeter, and a crossover network
under the interim Part 102 regulations. Applying the hierarchy set
forth in Sec. 102.11, Customs determined that since the woofer and
tweeter installed into the loudspeaker system were classifiable under
the same heading, namely heading 8518, HTSUS, the Sec. 102.20 rule was
not met and Sec. 102.11(b) was then applicable. Since both the woofer
and the tweeter were equally important in producing the sound
frequencies of the system, neither component imparted the essential
character to the loudspeaker system for purposes of determining its
country of origin under Sec. 102.11(b). Thus, the country of origin of
the loudspeaker system was finally determined, pursuant to
Sec. 102.11(d), to be the last country in which the loudspeaker system
underwent production, other than by simple assembly or minor
processing, which is consistent with the determination in HQ 556699.
In HQ 559139 Customs also determined, under the interim part 102
rules, the country of origin of loudspeaker systems containing only a
woofer. Pursuant to Sec. 102.11(b) of the interim regulations, the
country of origin was determined to be the country of origin of the
woofer and not the country where the loudspeaker system was
manufactured. While Customs has not issued a ruling regarding the
origin of a loudspeaker containing only one speaker drive unit outside
of the context of the interim part 102 rules, it is the position of
Customs that the cited ruling under the interim Part 102 rules reflects
a proper application of the substantial transformation test. Just as
the stereo chassis in HQ 556699 was considered the very essence of the
stereo system, the woofer in HQ 559139 was the single material
imparting the essential character of the loudspeaker and no crossover
network was required to produce the desired sound. Therefore, it is the
opinion of Customs that the Part 102 rules codify the Customs
interpretation of the substantial transformation principle with respect
to loudspeakers classifiable in subheadings 8518.21 and 8518.22, HTSUS.
Subheadings 8528.10-8528.20 (Televisions) and Subheading 8471.92
(Display Units)
A. Comments on Television Receivers
The May 5, 1995, notice of proposed rulemaking proposed to amend
the Sec. 102.20 rule for the above goods to read as follows:
A change to subheading 8528.10 through 8528.20 from any other
subheading, including another subheading within that group, except
from subheading 8540.11 through 8540.12.
Two comments were received in response to the above proposed text.
The commenters state that the drafters of the HTSUS clearly recognized
the overwhelming importance of the television chassis to the
functioning of a television by creating 8-digit breakouts for
incomplete or unfinished television receivers (subheadings 8528.10.04
and 8528.10.08). These subheadings cover, inter alia, ``assemblies for
television receivers consisting of all the parts specified in
additional U.S. Note 10 to this chapter plus a power supply'' (which
collectively are known in the industry as ``chassis'') which thus fall
under the same 6-digit subheading (8528.10) as the television receiver
itself. The commenters further state that by creating these subheadings
under the 6-digit subheading for television receivers, the HTSUS
drafters recognized that the function of the chassis is so important
that it must be classified as an incomplete or unfinished television
receiver (and not merely as a part thereof). (In the background
discussion of the May 5, 1995, proposed amendment, Customs stated that
``the television tube may determine origin for some television sets.'')
The commenters state that since the chassis is considered to be an
incomplete or unfinished television receiver, without the picture tube,
it would be inconsistent for Customs to conclude that the picture tube
constitutes the single material imparting the essential character to
the television receiver.
Customs Response: After careful consideration of the comments, it
is Customs' view that, for purposes of determining the country of
origin of a finished television receiver, neither the picture tube nor
the television chassis independently imparts the essential character to
the television receiver. Customs previously has recognized the
substantial transformation of both a foreign chassis and a foreign tube
when assembled with other components to make a finished television
receiver. In HQ 711967 dated March 17, 1980, Customs found that U.S.-
origin picture tubes, cabinets, and wiring were substantially
transformed in Mexico when they were assembled in Mexico with Korean
origin printed circuit boards, power transformers, yokes and tuners,
since the operations performed in Mexico resulted in the foreign
components becoming integral parts of a new article (the television
receiver). On the other hand, in HQ 732170 dated January 5, 1990,
Customs ruled that the assembly in the United States of a foreign
chassis with a U.S. picture tube assembly and remote control unit
resulted in a substantial transformation of the imported chassis and
other components. As the above rulings illustrate, Customs has
considered both the chassis and the tube assembly as integral parts of
a finished television receiver. In neither case did a foreign chassis
or a foreign tube determine the country of origin of the completely
assembled television receiver. It is for the purpose of maintaining
this result that the Sec. 102.20 rule will not be satisfied whenever
either the tube or the chassis is of foreign origin. As illustrated
below, however, Customs believes that a proper application of the
Sec. 102.11 hierarchy will yield a result that is entirely consistent
with the results reached in the above cited Customs rulings.
In applying the proposed Sec. 102.20 rule for television receivers,
Customs finds that neither the chassis nor the picture tube undergoes
the requisite tariff shift. Therefore, it is necessary to proceed to
Sec. 102.11(b) to see if origin of the television receiver can be
determined under that provision. Section 102.11(b) states that where
the country of origin cannot be determined under paragraph (a), the
country of origin of the good is the country or countries of origin of
the ``single material'' that imparts the essential character to the
good. Customs does not
[[Page 28951]]
agree with the commenters' suggestion that the fact that the chassis is
classified in the same 6-digit HTSUS subheading as the television
receiver should dictate the conclusion that the chassis is the ``single
material'' that imparts the essential character to the television.
Based upon consideration of the factors cited in Sec. 102.18(b),
Customs would conclude that for purposes of determining the country of
origin of a television under Sec. 102.11(b), neither the picture tube
assembly nor the television chassis independently imparts the essential
character to this good.
Section 102.11(c) also will not be applicable since the completed
television receiver is not classified under the HTSUS as a ``set'',
``mixture'', or ``composite good''. Thus, the country of origin of the
television receiver must be determined under Sec. 102.11(d)(1). Under
Sec. 102.11(d), unless the finished television receiver is produced as
a result of a ``simple assembly'' (as defined in Sec. 102.1(o)) of the
tube assembly, chassis, and cabinet which are all goods of the same
country, the country of origin of the finished television receiver will
be the country in which it is finally assembled.
B. Comments on Video Display Units (Computer Monitors) of Subheading
8471.92:
One comment was received concerning the proposed Sec. 102.20 rules
for display units classified in subheading 8571.92 (the text of the
proposed rules is set forth in the above discussion of printers of
subheading 8471.93). This commenter expressed concern that if a power
supply and a cathode ray tube (CRT) are of foreign origin but all other
components are domestic, the Sec. 102.20 rule will not be satisfied.
Customs Response: If the CRT is imported separately it will be
classified in heading 8540 and thus the proposed Sec. 102.20 rule for
display units will be met under the facts described by the commenter.
Therefore, Customs assumes that this commenter's primary concern stems
from the fact that a CRT-deflection yoke subassembly is classified in
subheading 8471.92 as an unfinished display unit, and the subsequent
combining of this subassembly with another part, such as a power
supply, will not meet the requisite change in tariff classification
rule.
Inasmuch as Customs traditionally has treated televisions and
computer monitors as comparable articles for purposes of rulings
regarding substantial transformation of televisions, such rulings are
equally relevant for resolving substantial transformation issues for
computer monitors; accordingly, the above comment response regarding
television receivers is relevant to the Sec. 102.20 rules for display
units. In HQ 734966 dated October 18, 1993, Customs noted prior rulings
on the substantial transformation of television tubes and chassis and
ruled that the assembly in the United States of a foreign integral tube
component (CRT and mounted yoke), printed circuit board, video board,
cabinet backs and fronts, cables along with U.S. electrical connectors,
wires, etc., to create the finished video display terminals resulted in
a substantial transformation of the foreign components.
Consistent with the view expressed above with regard to television
chassis which are classified in the same provision as the finished
television receivers, Customs concludes that the fact that the CRT-yoke
subassembly is classified in the same provision as the finished display
unit does not dictate the conclusion that this component, alone,
imparts the essential character to the video display unit for origin
purposes. The integral role played by parts (for example, a subassembly
consisting of the printed circuit board, video board, cabinet backs and
fronts, electrical connectors, etc.) classified in heading 8473 (a
provision excluded under the specific tariff shift rule) in the
function of a video display unit is well established. Thus, in cases
involving facts similar to those presented in HQ 734966, origin will
not be determined on the basis of the CRT-yoke subassembly under
Sec. 102.11(b), and since such facts would not involve a ``simple
assembly'' as defined in Sec. 102.1(o), Customs believes the same
origin result that was reached in HQ 734966 can be reached under
Sec. 102.11(d).
Heading 9001 (Spectacle Lenses, Optical Elements)
Comment: One comment was received regarding the Sec. 102.20 rules
applicable to spectacle lens and other optical elements made from lens
blanks of Chapter 70. The relevant Sec. 102.20 rules provide as
follows:
A change to subheading 9001.40 through 9001.90 from any other
subheading, including another subheading within that group, except
from lens blanks of heading 7014 or subheading 7015.10.
A change to subheading 9002.11 through 9002.90 from any other
subheading, including another subheading within that group, except
from subheading 9001.90 or lens blanks of heading 7014.
This commenter claims that since grinding and polishing lens blanks
(which are classified in
FR Doc. 96-14027 Rules for Determining the Country of Origin of a Good for Purposes of Annex 311 of the North American Free Trade Agreement
heading 7014) to produce unmounted lenses
(which are classified in heading 9001) results in a change in tariff
classification, it should be recognized as a substantial transformation
under the Sec. 102.20 rules for unmounted lenses.
Customs Response: Customs disagrees. As Customs has stated
consistently in connection with the proposed uniform origin rule
concept, the Part 102 rules are intended to codify the interpretation
of the substantial transformation principle by Customs and the courts,
rather than to create a new standard for determining origin. As has
been recognized by the courts, the fact that certain operations may or
may not result in a change in tariff classification is not always
dispositive of the issue of substantial transformation. See Superior
Wire v. United States, supra. Thus, Customs has endeavored to develop a
hierarchy for determining country of origin which allows certain tariff
classification changes to result in origin changes, while disallowing
others which yield results that are inconsistent with the substantial
transformation principle as interpreted by Customs and the courts.
With regard to the issue raised by this commenter, in HQ 555923
dated June 17, 1991, Customs ruled that the further grinding and
polishing of lens blanks into finished lenses did not result in a
``double substantial transformation'' of the raw materials, which
consisted of cylindrical rods of base metals, specialty glasses, and
sheets or rods of dielectrics, for purposes of the value-content
requirement under the Generalized System of Preferences. This ruling
was affirmed upon reconsideration in HQ 556360 dated July 7, 1992,
where Customs ruled that the raw materials used to make the lens blanks
did not undergo a second substantial transformation as a result of the
further operations to make polished lenses. (Of note is the fact that
Customs has applied, consistent with the court cases in this area, a
more liberal application of the substantial transformation standard for
purposes of the second substantial transformation required to receive
duty preferences.) In a more recent internal advice opinion relating to
an investigation, Customs again took the position that the processing
of foreign lens blanks into polished unmounted lenses did not result in
a substantial transformation of the lens blanks since, once the lens
blanks were formed into the configuration of the lens, they had a
predetermined character and use as a lens and could
[[Page 28952]]
not be used thereafter for other purposes. Customs believes that the
application of the substantial transformation principle in the above
cases is supported by the court decisions in Superior Wire v. United
States, supra, and National Hand Tool Corp. v. United States, supra.
Thus, the Sec. 102.20 rules for these heading 9001 goods properly
disallows the change in tariff classification from lens blanks. As a
result of the operation of the Sec. 102.11 hierarchy, the country of
origin of unmounted lenses of heading 9001 made from foreign lens
blanks of heading 7014 or subheading 7015.90 will be determined to be
the country of origin of the lens blank pursuant to Sec. 102.11(b).
Subheadings 9003.11-9003.19 (Eyeglass Frames)
Comment: One comment was received concerning the Sec. 102.20 rules
for the above goods. The rules pertaining to subheadings 9003.11
through 9003.10 provide as follows:
A change to subheading 9003.11 through 9003.19 from any other
heading; or
A change to subheading 9003.11 through 9003.19 from any other
subheading, including another subheading within that group, except
from subheading 9003.90, unless the temples or fronts are
domestically produced.
The commenter claims that the above rules are inconsistent with the
country of origin rules presently applied by Customs. The commenter
states that under Customs' current practice, it has consistently and
uniformly been recognized that unfinished and unusable eyeglass temples
and fronts manufactured in Country A, which are exported to Country B
for further processing and finishing operations, are subjected to a
substantial transformation and thus qualify as products of Country B
for country of origin marking purposes.
Customs Response: Customs recognizes that its position on
substantial transformation of eyeglass frames has not been consistent
over the years. In HQ 709266 dated July 11, 1978 Customs ruled that the
assembly of eyeglass frames did not constitute a substantial
transformation. In C.S.D. 80-43, dated July 17, 1979, however, Customs
ruled that eyeglass fronts and temples that were subjected to further
processing and assembly were substantially transformed. In HQ 728504
dated October 15, 1985, Customs again reverted to the conclusion that
the assembly of imported eyeglass fronts and temples did not result in
a substantial transformation of those parts. The latter position was
again taken in HQ 734663 dated September 4, 1992, wherein Customs ruled
that fronts and temples, which were imported into the United States in
partially finished conditions from various suppliers worldwide and
which were colored and assembled together in the United States along
with other minor parts, were not substantially transformed in the
United States. Subsequently, in HQ 734771 dated December 17, 1992,
Customs ruled that fronts and temples, which were further machined,
trimmed, assembled and polished, were substantially transformed.
Contrary to the commenter's claim, Customs has not recognized all
finishing and assembly of fronts and temples into eyeglass frames as
resulting in a substantial transformation of those parts. The above
rulings, however, illustrate why both Customs and the trade community
need more transparency and predictability in origin determinations.
Customs believes that the proposed Sec. 102.20 rules for eyeglass
frames and the remaining rules in the Sec. 102.11 hierarchy achieve
this goal, while remaining faithful to the substantial transformation
principle. The tariff shift rules in question still allow a change from
fronts and temples to finished frames, provided that either the temples
or fronts are domestic materials, i.e., they are goods of the country
of assembly. In the absence of such a limitation, a change of origin
could result from the simple combining of two foreign parts (fronts and
temples), a result which neither Customs nor the courts have allowed
under the application of the substantial transformation principle.
If the country of origin is not determined under Sec. 102.11(a)(3)
(that is, by meeting the criteria in the Sec. 102.20 rules),
Sec. 102.11(b) of the hierarchy would next apply. However, since both
the fronts and temples are important components of eyeglass frames, it
would be difficult to conclude that either the fronts or the temples,
alone, impart the essential character to the finished frames. Thus, it
would be highly unlikely that country of origin could be determined
pursuant to Sec. 102.11(b). Accordingly, the country of origin of the
eyeglass frame most probably would have to be determined under
Sec. 102.11(d). If the good was not produced as a result of a ``simple
assembly'' (as defined in Sec. 102.1(o)) of fronts and temples from the
same country, the country in which the eyeglass frames were assembled
would be the country of origin under Sec. 102.20(d). If there was a
``simple assembly'' of fronts and temples of the same country of
origin, then the country of origin of those parts would be the country
of origin of the eyeglass frames under Sec. 102.11(d). Customs believes
the foregoing demonstrates that the application of the Sec. 102.11
hierarchy will result in origin determinations that are not only
consistent with Customs' past practice but also far more transparent
and predictable.
Subheadings 9018.31-9019.90 (Surgical Instruments)
Comment: The Sec. 102.20 rules applicable to the above goods
basically require a change from any other subheading, except from
certain provisions that are not relevant to the one comment submitted
regarding these goods. A commenter claims that surgical instruments
often are made from steel forgings produced in one country (e.g., the
United States or Germany) and further processed by machining operations
in a second country (e.g., Pakistan, Hungary, Russia). Both the
forgings and the machined surgical instruments are classified in
subheading 9018.90 as other medical instruments. The commenter claims
that on several occasions, Customs has ruled that the machining of a
steel forging substantially transforms the forging into a surgical
instrument and cites C.S.D. 80-15 of June 25, 1979, HQ 553197 dated
February 11, 1985, and C.S.D. 90-53 of February 12, 1990, as support
for his position. The commenter claims that the Sec. 102.20 rules
should codify these rulings.
Customs Response: Customs disagrees. The Court of International
Trade recently considered whether the processing of forgings classified
in the same provision as the finished good resulted in a substantial
transformation in National Hand Tool Corp. v. United States, supra, a
country of origin marking case. At issue in National Hand Tool was
whether certain imported hand tool components processed in the United
States underwent a substantial transformation. The components were
either cold-formed or hot-forged into their final shape in Taiwan
(except the speeder handle, which was bent to shape in the United
States), while others underwent heat treatment in Taiwan. In holding
that there was no substantial transformation of the imported forgings,
the court found that the name of each article as imported was the same
as that of the completed tool, that the character of the articles
remained unchanged after the operations, and that the use of the
imported articles was predetermined at the time of importation. Customs
is now of the opinion that steel forgings subjected to processes
similar to those considered in National Hand Tool also
[[Page 28953]]
do not undergo a substantial transformation, because such processing
does not result in a change in the name, character, and use of the
imported steel forgings. See HQ 558747 dated January 20, 1995. The Part
102 rules codify Customs current position which applies the rationale
of National Hand Tool.
Assuming arguendo that two or more imported forgings are classified
in subheadings 9018.31 through 9019.90 as parts or accessories of
surgical instruments, the Sec. 102.20 rule will not be met when the
finished surgical instruments are produced. The next step is to go to
Sec. 102.11(b) and determine whether a single imported component
imparts the essential character to the surgical instruments. Since the
forgings are classified in provisions from which a change is not
allowed under the applicable Sec. 102.20 rule, pursuant to
Sec. 102.18(b) these are the parts considered for purposes of
determining if a single material imparts the essential character to the
finished good. Depending upon the type of surgical instrument at issue,
a single steel forging could constitute the single material that
imparts the essential character to the surgical instrument. In such
instances, under Sec. 102.11(b), the country of origin would be the
country in which that steel forging is produced. This result would be
entirely consistent with the position taken by the court in the
National Hand Tool case.
Headings 9101-9110 (Watches and Watch Movements)
Comments: Customs proposed to amend the Sec. 102.20 rules for
clocks and watches and for complete and assembled movements by adding
in each case a second rule to allow changes from complete movements,
unassembled (movement sets), of subheading 9110.11 or 9110.90, or from
rough movements of subheading 9110.19 or 9110.90. Customs also proposed
to amend the rules applicable to heading 9110 (relating to watch and
clock movements, complete and unassembled or partly assembled,
incomplete movements, and rough movements) by deleting the alternative
rule which allowed a change from subheading 9114.90 ``if there had been
a substantial transformation.''
Two comments were received concerning the above proposals. Both
commenters generally agree with the proposed amendments. One commenter
agrees with Customs position that a change should not be allowed from
an incomplete watch or clock movement, assembled, to a complete
movement, but only to the extent that such items are so close to being
complete movements that the final manufacturing steps needed to
complete the movements are insignificant. The other commenter questions
why Customs did not also propose to allow a change to headings 9101
through 9109 from incomplete watch or clock movements, assembled, of
subheading 9110.12. This commenter states that from the producer's
standpoint, the manufacturing operations necessary to produce a
finished movement from either an incomplete movement or a rough
movement are significant.
With regard to the Sec. 102.20 rule for heading 9110, one of the
commenters is of the opinion that the rule should allow a change to
this heading from any other heading or subheading, including subheading
9114.90. The other commenter, however, agrees with Customs' ``apparent
analysis'' that little or no manufacturing may be involved when, for
example, a movement set is put together from subheading 9114.90
assemblies and subassemblies.
Customs Response: Customs continues to believe that a change in
tariff classification should not be allowed from subheading 9110.12 to
headings 9101 through 9109 because an incomplete movement may be
essentially a movement and, therefore, allowing such a change would be
inconsistent with Customs' longstanding interpretation of the
substantial transformation principle. Customs also notes that, as
stated in the May 5, 1995, notice of proposed rulemaking, the proposal
to exclude the alternative rule for heading 9110 is necessary to avoid
redundancy. Customs believes that if a required change in tariff
classification does not occur under Sec. 102.20, when in fact there has
been a substantial transformation of the foreign material at issue, a
substantial transformation result will still be reached under the
Sec. 102.11 rules.
As noted in the May 5, 1995, notice of proposed rulemaking and
elsewhere in this document, the general rules for determining the
country of origin of a good in Secs. 102.11 (a) through (d) are applied
in a hierarchal and sequential manner. Thus, although a prescribed
change in tariff classification may not occur for purposes of
determining origin under Secs. 102.11(a)(3) and 102.20, the country of
origin of a movement made from an incomplete movement of subheading
9110.12 or a part of subheading 9114.90 will nevertheless be determined
once the appropriate rule in the Sec. 102.11 hierarchy is applied.
Depending upon several factors, the foreign material classified in
subheading 9110.12 or 9114.90 may constitute the single material that
imparts the essential character to the complete movement for purposes
of determining the country of origin under Sec. 102.11(b). On the other
hand, if there are several components properly being considered under
Secs. 102.11(b) and 102.18(b), and if no single component imparts the
essential character to the complete movement, then the country of
origin will be determined to be the country in which the movement was
produced (provided that such production was not the result of a
``simple assembly'' of parts from the same country).
Subheading 9506.31 (Golf Clubs)
Comment: The Sec. 102.20 rule for golf clubs provides for a change
to subheading 9506.31 (complete golf clubs) from any other subheading,
except from subheading 9506.39 (parts of golf clubs). One comment was
received concerning this rule. A commenter states that it has been
Customs' longstanding position that the process of joining the
essential component parts--heads, shafts and grips--into completed golf
clubs constitutes a substantial transformation and, therefore, the
country where this process occurs is the country of origin of the golf
clubs. As support, this commenter cites several Customs rulings (HQ
724901 dated April 9, 1984, HQ 728213 dated July 3, 1985, HQ 733185
dated April 11, 1990, HQ 733151 dated September 11, 1990, HQ 734136
dated June 17, 1991, and HQ 735125 dated November 17, 1993) in which
Customs ruled that the assembly of either a foreign head or shaft with
a domestic head or shaft and a domestic grip, or the use of foreign
grips in the manufacture of completed golf clubs in the United States,
resulted in a substantial transformation of the foreign head or shaft
or grip so that the country of origin of the completed golf club was
the United States where the assembly took place.
Customs Response: Contrary to the commenter's suggestion, Customs
has not taken the general position that the country of origin of a golf
club is the country in which it is finally assembled. In fact, Customs
has never ruled on the question of whether the assembly in the United
States of a foreign head and shaft with either a foreign or domestic
grip into a completed club results in a substantial transformation of
the imported components, thereby making the United States the country
of origin of the completed club. Customs, however, believes that the
Sec. 102.20 rule for golf clubs allows for the substantial
transformation principle to be applied in a manner consistent with the
approach taken in the rulings cited by
[[Page 28954]]
the commenter. Applying the Sec. 102.20 rule to determine whether the
foreign components change their origin as a result of an assembly
operation, Customs finds no tariff shift for the imported components.
However, if the hierarchal rules of Sec. 102.11 are properly applied to
the circumstances in the above-cited rulings (e.g., assembly of a golf
club using a foreign head and a domestic shaft and grip) Customs finds
that the same origin result can be reached under the Sec. 102.11
hierarchy.
If the Sec. 102.20 rule is not met, Sec. 102.11(b) will be
applicable. If there is a single component that imparts the essential
character to the golf club, the country of origin of that component
will be the country of origin of the golf club. If no single component
can be found to impart the essential character to the finished golf
club, Sec. 102.11(d) is then applicable (Sec. 102.11(c) would not be
relevant in this case). If the golf club was not produced as a result
of a ``simple assembly'' (as defined in Sec. 102.1(o)) of parts from
the same country, then the country of origin of the finished golf club
would be the country of assembly. Therefore, Customs believes that the
Part 102 rules as a whole codify the substantial transformation
principle as applied to golf clubs.
Other Changes
In addition to the changes mentioned in connection with the above
discussion of public comments, the regulatory texts set forth below
incorporate the following additional changes which Customs believes are
necessary based on further internal review of the interim and proposed
regulatory texts:
1. A second sentence has been added to the introductory text of
Sec. 102.20 to provide that requisite tariff shifts within the same
heading must involve changes in subheadings at the same (that is, 6-
digit) level. Since tariff classification is the basis for the
Sec. 102.20 rules, Customs believes that it is essential for those
rules to incorporate the fundamental rule of tariff classification, as
stated in General Rule of Interpretation 6 of the Harmonized System and
the HTSUS, that only subheadings at the same level are comparable.
2. In Sec. 102.20, the tariff shift rules for subheadings 4202.12-
4202.22, 4202.31-4202.32, 4202.91-4202.99 and 4302.30 have been
modified to refer to the assembly of ``foreign'' (rather than
``imported'') cut components, because the word ``imported'' does not
necessarily convey the origin significance that was intended to be
attached to the cut components.
3. In Sec. 102.20, the listings for headings 6815 and 7113-7115
have been redrafted to reflect subheading rules, as intended by the
wording of the respective interim tariff shift rules.
4. In Sec. 102.20, the listing for subheadings 7505.11-7505.22 has
been redrafted to reflect a heading 7505 rule. This change removes an
ambiguity in the tariff shift rule and ensures consistency with the
rules for other related headings of Chapter 75.
5. In Sec. 102.20, the listing for headings 8545-8548 has been
broken into two listings, one for subheadings 8545.11-8547.90 and the
other for heading 8548. This change clarifies the intent and removes an
ambiguity from the interim text.
6. In Sec. 102.20, the words ``domestically produced'' at the end
of the second tariff shift rule for subheadings 9003.11-9003.19 have
been replaced by ``domestic materials'' because ``produced'' has no
specific legal meaning within Part 102 whereas ``domestic material'' is
defined in Sec. 102.1(d).
7. In Sec. 102.20, the listing for headings 9701-9706 has been
broken into two listings, one for subheadings 9701.10-9701.90 and the
other for headings 9702-9706. This change clarifies the intent and
removes an ambiguity from the interim text.
8. Finally, a number of other editorial changes have been made in
the interim and proposed texts, including a large number of changes to
the provisions in the table under Sec. 102.20. These changes, which
correct typographical or other obvious errors or inconsistencies in
language, are also not substantive in effect.
Conclusion
Accordingly, based on the comments received and the analysis of
those comments as set forth above, and based on the additional
considerations discussed above, Customs believes that the interim NAFTA
Marking Rules and the other interim regulations published as T.D. 94-4
and the proposed amendments to those interim regulations published on
May 5, 1995, and on July 12, 1995, should be adopted as a final rule
with certain changes thereto as discussed above and as set forth below.
Although this document sets forth the majority of the interim
regulatory amendments and proposed changes thereto adopted herein as a
final rule and thus both republishes portions of the interim texts
without change and amends other portions of the interim texts to
incorporate the changes discussed above, it does not republish those
unchanged interim amendments involving Sec. 12.130.
Inapplicability of Public Notice and Comment Procedures
Pursuant to the provisions of 5 U.S.C. 553(a), public notice and
comment procedures are inapplicable to these final regulations because
they are within the foreign affairs function of the United States.
Executive Order 12866
Because this document involves a foreign affairs function of the
United States and implements an international agreement, it is not
subject to the provisions of E.O. 12866.
Regulatory Flexibility Act
Based on the supplementary information set forth above and because
these regulations implement obligations of international agreements,
pursuant to the provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) it is certified that the regulations will not have a
significant economic impact on a substantial number of small entities.
Accordingly, the regulations are not subject to the regulatory analysis
or other requirements of 5 U.S.C. 603 and 604.
Drafting Information
The principal author of this document was Francis W. Foote, Office
of Regulations and Rulings, U.S. Customs Service. However, personnel
from other offices participated in its development.
List of Subjects
19 CFR Part 10
Customs duties and inspection, Imports, Reporting and recordkeeping
requirements.
19 CFR Part 12
Customs duties and inspection, Labeling, Marking, Reporting and
recordkeeping requirements, Textiles and textile products.
19 CFR Part 102
Customs duties and inspections, Imports, Reporting and
recordkeeping requirements, Rules of origin, Trade agreements.
19 CFR Part 134
Country or origin, Customs duties and inspections, Imports,
Labeling, Marking, Packaging and containers.
Amendments to the Regulations
Accordingly, part 10 is amended and the interim rule amending parts
12 and 134 of the Customs Regulations (19 CFR parts 12 and 134) and
adding part 102
[[Page 28955]]
of the Customs Regulations (19 CFR part 102), which was published at 59
FR 110-140 on January 3, 1994, and which was corrected at 59 FR 5082 on
February 3, 1994, is adopted as a final rule with certain changes as
discussed above and set forth below.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
1. The general authority citation for part 10 continues to read as
follows, and the specific authority citation for Sec. 10.22 is removed:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314;
* * * * *
Sec. 10.22 [Removed]
2. Section 10.22 is removed.
PART 102--RULES OF ORIGIN
1. The authority citation for part 102 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized
Tariff Schedule of the United States), 1624, 3314, 3592.
Secs. 102.14 and 102.16 [Removed]
2. Sections 102.14 and 102.16 are removed and Sec. 102.12 is
republished, and Secs. 102.0, 102.1, 102.11, 102.13, 102.15, 102.17,
102.18, 102.19 and 102.20 are revised, to read as follows:
Sec. 102.0 Scope.
Except in the case of goods covered by Sec. 102.21, this part sets
forth rules for determining the country of origin of imported goods for
the purposes specified in paragraph 1 of Annex 311 of the North
American Free Trade Agreement (``NAFTA''). These specific purposes are:
country of origin marking; determining the rate of duty and staging
category applicable to originating textile and apparel goods as set out
in Section 2 (Tariff Elimination) of Annex 300-B (Textile and Apparel
Goods); determining the rate of duty and staging category applicable to
an originating good as set out in Annex 302.2 (Tariff Elimination). The
rules for determining the country of origin of textile and apparel
products set forth in Sec. 102.21 apply for the foregoing purposes and
for the other purposes stated in that section.
Subpart A--General
Sec. 102.1 Definitions.
(a) Advanced in value. ``Advanced in value'' means an increase in
the value of a good as a result of production with respect to that
good, other than by means of those ``minor processing'' operations
described in paragraphs (m)(5), (m)(6), and (m)(7) of this section.
(b) Commingled. ``Commingled'' means physically combined or mixed.
(c) Direct physical identification. ``Direct physical
identification'' means identification by visual or other organoleptic
examination.
(d) Domestic material. ``Domestic material'' means a material whose
country of origin as determined under these rules is the same country
as the country in which the good is produced.
(e) Foreign material. ``Foreign material'' means a material whose
country of origin as determined under these rules is not the same
country as the country in which the good is produced.
(f) Fungible goods or fungible materials. ``Fungible goods or
fungible materials'' means goods or materials that are interchangeable
for commercial purposes and whose properties are essentially identical.
(g) A good wholly obtained or produced. A good ``wholly obtained or
produced'' in a country means:
(1) A mineral good extracted in that country;
(2) A vegetable or plant good harvested in that country;
(3) A live animal born and raised in that country;
(4) A good obtained from hunting, trapping or fishing in that
country;
(5) A good (fish, shellfish and other marine life) taken from the
sea by vessels registered or recorded with that country and flying its
flag;
(6) A good produced on board factory ships from the goods referred
to in paragraph (g)(5) of this section, provided such factory ships are
registered or recorded with that country and fly its flag;
(7) A good taken by that country or a person of that country from
the seabed or beneath the seabed outside territorial waters, provided
that country has rights to exploit such seabed;
(8) A good taken from outer space, provided they are obtained by
that country or a person of that country;
(9) Waste and scrap derived from:
(i) Production in a country, or
(ii) Used goods collected in that country provided such goods are
fit only for the recovery of raw materials; and
(10) A good produced in that country exclusively from goods
referred to in paragraphs (g)(1) through (10) of this section or from
their derivatives, at any stage of production.
(h) Harmonized System. ``Harmonized System'' means the Harmonized
Commodity Description and Coding System, including its general rules of
Interpretation, Section Notes and Chapter Notes, as adopted and
implemented by the United States.
(i) Improved in condition. ``Improved in condition'' means the
enhancement of the physical condition of a good as a result of
production with respect to that good, other than by means of those
``minor processing'' operations described in paragraphs (m)(5), (m)(6),
and (m)(7) of this section.
(j) Incorporated. ``Incorporated'' means physically incorporated
into a good as a result of production with respect to that good.
(k) Indirect materials. ``Indirect materials'' means a good used in
the production, testing or inspection of another good but not
physically incorporated into that other good, or a good used in the
maintenance of buildings or the operation of equipment associated with
the production of that other good, including:
(1) Fuel and energy;
(2) Tools, dies and molds;
(3) Spare parts and materials used in the maintenance of equipment
and buildings;
(4) Lubricants, greases, compounding materials and other materials
used in production or used to operate equipment and buildings;
(5) Gloves, glasses, footwear, clothing, safety equipment and
supplies;
(6) Equipment, devices, and supplies used for testing or inspecting
the goods;
(7) Catalysts and solvents; and
(8) Any other goods that are not incorporated into the good but
whose use in the production of the good can reasonably be demonstrated
to be a part of that production.
(l) Material. ``Material'' means a good that is incorporated into
another good as a result of production with respect to that other good,
and includes parts, ingredients, subassemblies, and components.
(m) Minor processing. ``Minor processing'' means the following:
(1) Mere dilution with water or another substance that does not
materially alter the characteristics of the good;
(2) Cleaning, including removal of rust, grease, paint, or other
coatings;
(3) Application of preservative or decorative coatings, including
lubricants, protective encapsulation, preservative or decorative paint,
or metallic coatings;
(4) Trimming, filing or cutting off small amounts of excess
materials;
(5) Unloading, reloading or any other operation necessary to
maintain the good in good condition;
(6) Putting up in measured doses, packing, repacking, packaging,
repackaging;
[[Page 28956]]
(7) Testing, marking, sorting, or grading;
(8) Ornamental or finishing operations incidental to textile good
production designed to enhance the marketing appeal or the ease of care
of the product, such as dyeing and printing, embroidery and appliques,
pleating, hemstitching, stone or acid washing, permanent pressing, or
the attachment of accessories notions, findings and trimmings; or
(9) Repairs and alterations, washing, laundering, or sterilizing.
(n) Production. ``Production'' means growing, mining, harvesting,
fishing, trapping, hunting, manufacturing, processing or assembling a
good.
(o) Simple assembly. ``Simple assembly'' means the fitting together
of five or fewer parts all of which are foreign (excluding fasteners
such as screws, bolts, etc.) by bolting, gluing, soldering, sewing or
by other means without more than minor processing.
(p) Value. ``Value'' means, with respect to Sec. 102.13:
(1) In the case of a good, its customs value or transaction value
within the meaning of the appendix to part 181 of this chapter; or
(2) In the case of a material, its customs value or value within
the meaning of the appendix to part 181 of this chapter.
Subpart B--Rules of Origin
Sec. 102.11 General rules.
The following rules shall apply for purposes of determining the
country of origin of imported goods other than textile and apparel
products covered by Sec. 102.21.
(a) The country of origin of a good is the country in which:
(1) The good is wholly obtained or produced;
(2) The good is produced exclusively from domestic materials; or
(3) Each foreign material incorporated in that good undergoes an
applicable change in tariff classification set out in Sec. 102.20 and
satisfies any other applicable requirements of that section, and all
other applicable requirements of these rules are satisfied.
(b) Except for a good that is specifically described in the
Harmonized System as a set, or is classified as a set pursuant to
General Rule of Interpretation 3, where the country of origin cannot be
determined under paragraph (a) of this section:
(1) The country of origin of the good is the country or countries
of origin of the single material that imparts the essential character
to the good, or
(2) If the material that imparts the essential character to the
good is fungible, has been commingled, and direct physical
identification of the origin of the commingled material is not
practical, the country or countries of origin may be determined on the
basis of an inventory management method provided under the appendix to
part 181 of this chapter.
(c) Where the country of origin cannot be determined under
paragraph (a) or (b) of this section and the good is specifically
described in the Harmonized System as a set or mixture, or classified
as a set, mixture or composite good pursuant to General Rule of
Interpretation 3, the country of origin of the good is the country or
countries of origin of all materials that merit equal consideration for
determining the essential character of the good.
(d) Where the country of origin of a good cannot be determined
under paragraph (a), (b) or (c) of this section, the country of origin
of the good shall be determined as follows:
(1) If the good was produced only as a result of minor processing,
the country of origin of the good is the country or countries of origin
of each material that merits equal consideration for determining the
essential character of the good;
(2) If the good was produced by simple assembly and the assembled
parts that merit equal consideration for determining the essential
character of the good are from the same country, the country of origin
of the good is the country of origin of those parts; or
(3) If the country of origin of the good cannot be determined under
paragraph (d)(1) or (d)(2) of this section, the country of origin of
the good is the last country in which the good underwent production.
Sec. 102.12 Fungible goods.
When fungible goods of different countries of origin are commingled
the country of origin of the goods:
(a) Is the countries of origin of those commingled goods; or
(b) If the good is fungible, has been commingled, and direct
physical identification of the origin of the commingled good is not
practical, the country or countries of origin may be determined on the
basis of an inventory management method provided under the appendix to
part 181 of this chapter.
Sec. 102.13 De Minimis.
(a) Except as otherwise provided in paragraphs (b) and (c) of this
section, foreign materials that do not undergo the applicable change in
tariff classification set out in Sec. 102.20 or satisfy the other
applicable requirements of that section when incorporated into a good
shall be disregarded in determining the country of origin of the good
if the value of those materials is no more than 7 percent of the value
of the good or 10 percent of the value of a good of Chapter 22,
Harmonized System.
(b) Paragraph (a) of this section does not apply to a foreign
material incorporated in a good provided for in Chapter 1, 2, 3, 4, 7,
8, 11, 12, 15, 17, or 20 of the Harmonized System.
(c) Foreign components or materials that do not undergo the
applicable change in tariff classification set out in Sec. 102.21 or
satisfy the other applicable requirements of that section when
incorporated into a textile or apparel product covered by that section
shall be disregarded in determining the country of origin of the good
if the total weight of those components or materials is not more than 7
percent of the total weight of the good.
Sec. 102.15 Disregarded materials.
(a) The following materials shall be disregarded when determining
whether the good undergoes the applicable change in tariff
classification set out in Sec. 102.20 or Sec. 102.21, or satisfies the
other applicable requirements of those sections:
(1) Packaging materials and containers in which a good is packaged
for retail sale that are classified with the good;
(2) Accessories, spare parts or tools delivered with the good that
are classified with the good and shipped with the good;
(3) Packing materials and containers in which a good is packed for
shipment; and
(4) Indirect materials.
(b) [Reserved]
Sec. 102.17 Non-qualifying operations.
A foreign material shall not be considered to have undergone an
applicable change in tariff classification specified in Sec. 102.20 or
Sec. 102.21 or to have met any other applicable requirements of those
sections merely by reason of one or more of the following:
(a) A change in end-use;
(b) Dismantling or disassembly;
(c) Simple packing, repacking or retail packaging without more than
minor processing;
(d) Mere dilution with water or another substance that does not
materially alter the characteristics of the material; or
(e) Collecting parts that, as collected, are classifiable in the
same tariff provision as an assembled good pursuant to General Rule of
[[Page 28957]]
Interpretation 2(a), without any additional operation other than minor
processing.
Sec. 102.18 Rules of interpretation.
(a) When General Rule of Interpretation (GRI) 2(a) is referred to
in Sec. 102.20 as an exception to an allowed change in tariff
classification, this means that such change will not be acceptable for
purposes of that section if the change results from the assembly of
parts into an incomplete or unfinished good which is classifiable in
the same manner as a complete or finished good pursuant to GRI 2(a).
(b) (1) For purposes of identifying the material that imparts the
essential character to a good under Sec. 102.11, the only materials
that shall be taken into consideration are those domestic or foreign
materials that are classified in a tariff provision from which a change
in tariff classification is not allowed under the Sec. 102.20 specific
rule or other requirements applicable to the good. For purposes of this
paragraph (b)(1):
(i) The materials to be considered must be classified in a tariff
provision from which a change in tariff classification is not allowed
under the specific rule or other requirements applicable to the good
under consideration. For example, in the case of a good classified in
HTSUS subheading 8607.11 (the rule for which specifies a change to
subheading 8607.11 from any other subheading, except from subheading
8607.12, and except from subheading 8607.19 when that change is
pursuant to GRI 2(a)), the only materials that may be considered for
purposes of identifying the materials that impart the essential
character to the good are those that are classified in subheadings
8607.11, 8607.12 and, if the tariff shift is pursuant to GRI 2(a),
8607.19;
(ii) Materials that may be considered include materials produced by
the producer of the good and incorporated in the good. For example, if
a producer of a good purchases raw materials and converts those raw
materials into a component that is incorporated in the good, that
component is a material that may be considered for purposes of
identifying the materials that impart the essential character to the
good, provided that the component is classified in a tariff provision
from which a change in tariff classification is not allowed under the
specific rule or other requirements applicable to the good; and
(iii) If there is only one material that is classified in a tariff
provision from which a change in tariff classification is not allowed
under the Sec. 102.20 specific rule or other requirements applicable to
the good, then that material will represent the single material that
imparts the essential character to the good under Sec. 102.11.
(2) For purposes of determining which one of two or more materials
described in paragraph (b)(1) of this section imparts the essential
character to a good under Sec. 102.11, various factors may be examined
depending upon the type of good involved. These factors include, but
are not limited to, the following:
(i) The nature of each material, such as its bulk, quantity, weight
or value; and
(ii) The role of each material in relation to the use of the good.
Sec. 102.19 NAFTA preference override.
(a) Except in the case of goods covered by paragraph (b) of this
section, if a good which is originating within the meaning of
Sec. 181.1(q) of this chapter is not determined under Sec. 102.11(a) or
(b) or Sec. 102.21 to be a good of a single NAFTA country, the country
of origin of such good is the last NAFTA country in which that good
underwent production other than minor processing, provided that a
Certificate of Origin (see Sec. 181.11 of this chapter) has been
completed and signed for the good.
(b) If, under any other provision of this part, the country of
origin of a good which is originating within the meaning of
Sec. 181.1(q) of this chapter is determined to be the United States and
that good has been exported from, and returned to, the United States
after having been advanced in value or improved in condition in another
NAFTA country, the country of origin of such good for Customs duty
purposes is the last NAFTA country in which that good was advanced in
value or improved in condition before its return to the United States.
Sec. 102.20 Specific rules by tariff classification.
The following rules are the rules specified in Sec. 102.11(a)(3)
and other sections of this part. Where a rule under this section
permits a change to a subheading from another subheading of the same
heading, the rule shall be satisfied only if the change is from a
subheading of the same level specified in the rule.
----------------------------------------------------------------------------------------------------------------
HTSUS Tariff shift and/or other requirements
----------------------------------------------------------------------------------------------------------------
(a) Section I: Chapters 1 through 5
----------------------------------------------------------------------------------------------------------------
0101-0106........................................... A change to heading 0101 through 0106 from any other
chapter.
0201-0209........................................... A change to heading 0201 through 0209 from any other
chapter.
0210.11-0210.20..................................... A change to subheading 0210.11 through 0210.20 from any
other chapter.
0210.90............................................. A change to subheading 0210.90 from any other chapter; or
A change to edible meals and flours of subheading 0210.90
from any product other than edible meals and flours of
Chapter 2.
0301-0303........................................... A change to heading 0301 through 0303 from any other
chapter.
0304................................................ A change to heading 0304 from any other chapter; or
A change to fillets of heading 0304 from any other
heading.
0305.10............................................. A change to subheading 0305.10 from any other subheading.
0305.20............................................. A change to subheading 0305.20 from any other chapter.
0305.30............................................. A change to subheading 0305.30 from any other subheading,
except from fillets of heading 0304.
0305.41-0305.69..................................... A change to subheading 0305.41 through 0305.69 from any
other chapter.
0306................................................ A change to heading 0306 from any other chapter.
0307................................................ A change to heading 0307 from any other chapter; or
A change to edible meals and flours from within Chapter 3.
0401................................................ A change to heading 0401 from any other chapter.
0402.10-0402.29..................................... A change to subheading 0402.10 through 0402.29 from any
other chapter.
0402.91-0402.99..................................... A change to subheading 0402.91 through 0402.99 from any
other chapter.
0403.10............................................. A change to subheading 0403.10 from any other subheading.
0403.90............................................. A change to subheading 0403.90 from any other chapter; or
A change to sour cream or kephir from any other product of
Chapter 4.
[[Page 28958]]
0404................................................ A change to heading 0404 from any other heading.
0405.10............................................. A change to subheading 0405.10 from any other heading.
0405.20............................................. A change to subheading 0405.20 from any other chapter,
except from subheading 1901.90; or
A change to subheading 0405.20 from any other subheading,
provided that the good contains no more than 50 percent
by weight of milk solids.
0405.90............................................. A change to subheading 0405.90 from any other heading.
0406................................................ A change to heading 0406 from any other heading.
0407-0410........................................... A change to heading 0407 through 0410 from any other
chapter.
0501-0511........................................... A change to heading 0501 through 0511 from any other
chapter.
----------------------------------------------------------------------------------------------------------------
(b) Section II: Chapters 6 through 14
----------------------------------------------------------------------------------------------------------------
Note: Notwithstanding the specific rules of this section, an agricultural or horticultural good grown in the
territory of a country shall be treated as a good of that country even if grown from seed or bulbs, root stock,
cuttings, slips or other live parts of plants, or from whole plants, imported from a foreign country.
0601-0602........................................... A change to heading 0601 through 0602 from any other
heading, including another heading within that group.
0603-0604........................................... A change to heading 0603 through 0604 from any other
heading, including another heading within that group,
except from heading 0602.
0701-0709........................................... A change to heading 0701 through 0709 from any other
chapter.
0710................................................ A change to heading 0710 from any other chapter.
0711................................................ A change to heading 0711 from any other chapter.
0712................................................ A change to heading 0712 from any other chapter; or
A change to powdered vegetables of heading 0712 from any
other product of Chapter 7, if put up for retail sale.
0713-0714........................................... A change to heading 0713 through 0714 from any other
chapter.
0801-0810........................................... A change to heading 0801 through 0810 from any other
chapter.
0811................................................ A change to heading 0811 from any other chapter.
0812................................................ A change to heading 0812 from any other chapter.
0813................................................ A change to heading 0813 from any other chapter.
0814................................................ A change to heading 0814 from any other chapter.
0901.11-0901.12..................................... A change to subheading 0901.11 through 0901.12 from any
other chapter.
0901.21-0901.22..................................... A change to subheading 0901.21 through 0901.22 from any
subheading outside that group.
0901.90............................................. A change to subheading 0901.90 from any other chapter.
0902-0903........................................... A change to heading 0902 through 0903 from any other
chapter.
0904-0910........................................... A change to heading 0904 through 0910 from any other
chapter; or
A change to crushed, ground, or powdered products of
heading 0904 through 0910 from within Chapter 9, if put
up for retail sale; or
A change to subheading 0910.91 from any other subheading,
provided that a single spice ingredient of foreign origin
constitutes no more than 60 percent by weight of the
good.
1001-1008........................................... A change to heading 1001 through 1008 from any other
chapter.
1101-1106........................................... A change to heading 1101 through 1106 from any other
chapter.
1107................................................ A change to heading 1107 from any other chapter.
1108-1109........................................... A change to heading 1108 through 1109 from any other
heading, including another heading within that group.
1201-1207........................................... A change to heading 1201 through 1207 from any other
chapter.
1208................................................ A change to heading 1208 from any other heading.
1209-1214........................................... A change to heading 1209 through 1214 from any other
chapter.
1301-1302........................................... A change to heading 1301 through 1302 from any other
chapter.
1401-1404........................................... A change to heading 1401 through 1404 from any other
chapter.
----------------------------------------------------------------------------------------------------------------
(c) Section III: Chapter 15
----------------------------------------------------------------------------------------------------------------
1501-1516........................................... A change to heading 1501 through 1516 from any other
chapter.
1517.10............................................. A change to subheading 1517.10 from any other heading.
1517.90............................................. A change to subheading 1517.90 from any other chapter,
except from heading 3823; or
A change to subheading 1517.90 from any other heading,
provided that no single oil ingredient of foreign origin
constitutes more than 60 percent by weight of the good.
1518................................................ A change to heading 1518 from any other heading.
1520................................................ A change to heading 1520 from any other heading, except
from subheading 2905.45 and heading 3823.
1521-1522........................................... A change to heading 1521 through 1522 from any other
chapter, except from heading 3823.
----------------------------------------------------------------------------------------------------------------
(d) Section IV: Chapters 16 through 24
----------------------------------------------------------------------------------------------------------------
1601-1605........................................... A change to heading 1601 through 1605 from any other
chapter.
1701-1702........................................... A change to heading 1701 through 1702 from any other
chapter.
1703................................................ A change to heading 1703 from any other chapter.
1704................................................ A change to heading 1704 from any other heading.
1801-1803........................................... A change to heading 1801 through 1803 from any other
chapter.
1804................................................ A change to heading 1804 from any other heading, except
from heading 1803.
1805................................................ A change to heading 1805 from any other heading, except
from subheading 1803.20.
1806.10............................................. A change to subheading 1806.10 from any other heading,
except from heading 1805 or from Chapter 17; or
A change to subheading 1806.10 from Chapter 17, provided
that the good contains less than 65 percent by dry weight
of sugar.
1806.20............................................. A change to subheading 1806.20 from any other heading,
except from Chapter 17; or
[[Page 28959]]
A change to subheading 1806.20 from Chapter 17, provided
that the good contains less than 65 percent by dry weight
of sugar.
1806.31............................................. A change to subheading 1806.31 from any other subheading.
1806.32............................................. A change to subheading 1806.32 from any other subheading.
1806.90............................................. A change to subheading 1806.90 from any other subheading.
1901.10............................................. A change to subheading 1901.10 from any other subheading.
1901.20............................................. A change to subheading 1901.20 from any other subheading.
1901.90............................................. A change to subheading 1901.90 from any other heading.
1902.11-1902.19..................................... A change to subheading 1902.11 through 1902.19 from any
other heading.
1902.20............................................. A change to subheading 1902.20 from any other subheading.
1902.30-1902.40..................................... A change to subheading 1902.30 through 1902.40 from any
other heading.
1903................................................ A change to heading 1903 from any other heading.
1904.10............................................. A change to subheading 1904.10 from any other heading.
1904.20............................................. A change to subheading 1904.20 from any other subheading.
1904.90............................................. A change to subheading 1904.90 from any other heading.
1905................................................ A change to heading 1905 from any other heading.
Chapter 20 Note: Notwithstanding the specific rules of this chapter, fruit, nut and vegetable preparations of
Chapter 20 that have been prepared or preserved merely by freezing, by packing (including canning) in water,
brine or natural juices, or by roasting, either dry or in oil (including processing incidental to freezing,
packing, or roasting), shall be treated as a good of the country in which the fresh good was produced.
2001-2007........................................... A change to heading 2001 through 2007 from any other
chapter.
2008.11............................................. A change to subheading 2008.11 from any other chapter,
provided that the change is not the result of mere
blanching of peanuts.
2008.19-2008.99..................................... A change to subheading 2008.19 through 2008.99 from any
other chapter, provided that the change is not the result
of mere blanching of nuts.
2009.11-2009.30..................................... A change to subheading 2009.11 through 2009.30 from any
other chapter.
2009.40-2009.80..................................... A change to subheading 2009.40 through 2009.80 from any
other chapter.
2009.90............................................. A change to subheading 2009.90 from any other chapter; or
A change to subheading 2009.90 from any other subheading,
provided that a single juice ingredient of foreign
origin, or juice ingredients from a single foreign
country, constitute in single strength form no more than
60 percent by volume of the good.
2101................................................ A change to heading 2101 from any other heading.
2102................................................ A change to heading 2102 from any other heading.
2103.10............................................. A change to subheading 2103.10 from any other heading.
2103.20............................................. A change to subheading 2103.20 from any other heading.
2103.30............................................. A change to subheading 2103.30 from any other subheading;
or
A change to prepared mustard of subheading 2103.30 from
mustard flour or meal.
2103.90............................................. A change to subheading 2103.90 from any other subheading.
2104.10............................................. A change to subheading 2104.10 from any other subheading.
2104.20............................................. A change to subheading 2104.20 from any other subheading.
2105................................................ A change to heading 2105 from any other heading.
2106.10............................................. A change to subheading 2106.10 from any other subheading.
2106.90............................................. A change to a good of subheading 2106.90, other than to
compound alcoholic preparations, from any other
subheading, except from Chapter 4, Chapter 17, heading
2009, subheading 1901.90 or subheading 2202.90; or
A change to subheading 2106.90 from Chapter 4 or
subheading 1901.90, provided that the good contains no
more than 50 percent by weight of milk solids; or
A change to subheading 2106.90 from Chapter 17, provided
that the good contains less than 65 percent by dry weight
of sugar; or
A change to subheading 2106.90 from heading 2009 or
subheading 2202.90, provided that a single juice
ingredient of foreign origin, or juice ingredients from a
single foreign country, constitute in single strength
form no more than 60 percent by volume of the good; or
A change to compound alcoholic preparations of subheading
2106.90 from any other subheading, except from subheading
2208.20 through 2208.50.
2201................................................ A change to heading 2201 from any other chapter.
2202.10............................................. A change to sweetened and/or flavored waters of subheading
2202.10 from any other chapter; or
A change to other beverages of subheading 2202.10 from any
other heading.
2202.90............................................. A change to subheading 2202.90 from any other subheading,
except from Chapter 4 or heading 1901, 2009, or 2106; or
A change to subheading 2202.90 from Chapter 4 or heading
1901, provided that the good contains no more than 50
percent by weight of milk solids; or
A change to subheading 2202.90 from heading 2009 or
subheading 2106.90, provided that a single juice
ingredient of foreign origin, or juice ingredients from a
single foreign country, constitute in single strength
form no more than 60 percent by volume of the good.
2203................................................ A change to heading 2203 from any other heading.
2204.10-2204.29..................................... A change to subheading 2204.10 through 2204.29 from any
other subheading outside that group.
2204.30............................................. A change to subheading 2204.30 from any other heading.
2205................................................ A change to heading 2205 from any other heading, except
from heading 2204; or
A change to vermouth of heading 2205 from heading 2204.
2206................................................ A change to heading 2206 from any other heading.
2207................................................ A change to heading 2207 from any other heading, except
from compound alcoholic preparations of subheading
2106.90 or heading 2208.
2208.20-2208.70..................................... A change to subheading 2208.20 through 2208.70 from any
other subheading outside that group, except from
subheading 2106.90; or
[[Page 28960]]
A change to liqueurs or cordials of subheading 2208.70
from any other product.
2208.90............................................. A change to subheading 2208.90 from any other subheading,
except from subheading 2106.90; or
FR Doc. 96-14027 Rules for Determining the Country of Origin of a Good for Purposes of Annex 311 of the North American Free Trade Agreement
A change to kirschwasser or ratafia of subheading 2208.90
from any other product.
2209................................................ A change to heading 2209 from any other heading.
2301-2308........................................... A change to heading 2301 through 2308 from any other
chapter.
2309.10............................................. A change to subheading 2309.10 from any other heading.
2309.90............................................. A change to subheading 2309.90 from any other heading,
except from Chapter 4 or heading 1901; or
A change to subheading 2309.90 from Chapter 4 or heading
1901, provided that the good contains no more than 50
percent by weight of milk solids.
2401................................................ A change to heading 2401 from any other chapter.
2402-2403........................................... A change to heading 2402 through 2403 from any other
heading, including another heading within that group.
----------------------------------------------------------------------------------------------------------------
(e) Section V: Chapters 25 through 27
----------------------------------------------------------------------------------------------------------------
2501-2516........................................... A change to heading 2501 through 2516 from any other
heading, including another heading within that group.
2517.10-2517.20..................................... A change to subheading 2517.10 through 2517.20 from any
other heading.
2517.30............................................. A change to subheading 2517.30 from any other subheading.
2517.41-2517.49..................................... A change to subheading 2517.41 through 2517.49 from any
other heading.
2518-2530........................................... A change to heading 2518 through 2530 from any other
heading, including another heading within that group.
2601-2621........................................... A change to heading 2601 through 2621 from any other
heading, including another heading within that group.
Chapter 27 Note: For purposes of this chapter, a ``chemical reaction'' is defined as a process in which
chemical bonds in molecules are broken and new chemical bonds are formed between the fragmented molecules and/or
added elements so that one or more of the original bond/s no longer link the same chemical element/s or
functional group/s.
2701-2706........................................... A change to heading 2701 through 2706 from any other
heading, including any heading within that group.
2707.10-2707.99..................................... A change to subheading 2707.10 through 2707.99 from any
other heading; or
A change to subheading 2707.10 through 2707.99 from any
other subheading, including any subheading within that
group, provided that the good resulting from such change
is the product of a chemical reaction.
2708-2709........................................... A change to heading 2708 through 2709 from any other
heading, including another heading within that group.
2710................................................ A change to heading 2710 from any other heading; or
A change to any good of heading 2710 from any other good
of heading 2710, provided that the good resulting from
such change is the product of a chemical reaction.
2711.11............................................. A change to subheading 2711.11 from any other subheading,
except from subheading 2711.21.
2711.12-2711.19..................................... A change to subheading 2711.12 through 2711.19 from any
other subheading, including another subheading within
that group, except from subheading 2711.29.
2711.21............................................. A change to subheading 2711.21 from any other subheading,
except from subheading 2711.11.
2711.29............................................. A change to subheading 2711.29 from any other subheading,
except from subheading 2711.12 through 2711.21.
2712-2714........................................... A change to heading 2712 through 2714 from any other
heading, including another heading within that group.
2715................................................ A change to heading 2715 from any other heading, except
from heading 2714 or subheading 2713.20.
2716................................................ A change to heading 2716 from any other heading.
----------------------------------------------------------------------------------------------------------------
(f) Section VI: Chapters 28 through 38
----------------------------------------------------------------------------------------------------------------
Notes: 1. Chemical reaction origin rule--
Any good of Chapters 28, 29, 31, 32 or 38, except a good of heading 3823, that is the product of a chemical
reaction shall be considered to be a good of the country in which the reaction occurred.
A chemical reaction is defined as a process in which chemical bonds in molecules are broken and new chemical
bonds are formed between the fragmented molecules and/or added elements so that one or more of the original
bonds no longer link the same chemical element/s or functional group/s.
Notwithstanding any of the line-by-line rules, the ``chemical reaction'' rule may be applied to any good
classified in the above chapters.
2. Separation prohibition--
A foreign material/component will not be deemed to have satisfied all applicable requirements of these rules
by reason of a change from one classification to another merely as the result of the separation of one or more
individual materials or components from a man-made mixture unless the isolated material/component, itself, also
underwent a chemical reaction.
2801.10-2801.30..................................... A change to subheading 2801.10 through 2801.30 from any
other subheading, including another subheading within
that group.
2802................................................ A change to heading 2802 from any other heading, except
from heading 2503.
2803................................................ A change to heading 2803 from any other heading.
2804.10-2804.50..................................... A change to subheading 2804.10 through 2804.50 from any
other subheading, including another subheading within
that group.
2804.61-2804.69..................................... A change to subheading 2804.61 through 2804.69 from any
other subheading outside that group.
2804.70-2804.90..................................... A change to subheading 2804.70 through 2804.90 from any
other subheading, including another subheading within
that group.
2805................................................ A change to heading 2805 from any other heading.
2806.10-2806.20..................................... A change to subheading 2806.10 through 2806.20 from any
other subheading,
including another subheading within that group......
2807-2808........................................... A change to heading 2807 through 2808 from any other
heading, including another heading within that group.
2809.10-2809.20..................................... A change to subheading 2809.10 through 2809.20 from any
other subheading, including another subheading within
that group.
2810................................................ A change to heading 2810 from any other heading.
2811.11............................................. A change to subheading 2811.11 from any other subheading.
[[Page 28961]]
2811.19............................................. A change to subheading 2811.19 from any other subheading,
except from subheading 2811.22.
2811.21............................................. A change to subheading 2811.21 from any other subheading.
2811.22............................................. A change to subheading 2811.22 from any other subheading,
except from subheading 2505.10, 2506.10, or 2811.19.
2811.23-2811.29..................................... A change to subheading 2811.23 through 2811.29 from any
other subheading, including another subheading within
that group.
2812.10-2813.90..................................... A change to subheading 2812.10 through 2813.90 from any
other subheading, including another subheading within
that group.
2814................................................ A change to heading 2814 from any other heading.
2815.11-2815.12..................................... A change to subheading 2815.11 through 2815.12 from any
other subheading outside that group.
2815.20-2815.30..................................... A change to subheading 2815.20 through 2815.30 from any
other subheading, including another subheading within
that group.
2816.10............................................. A change to subheading 2816.10 from any other subheading.
2816.20............................................. A change to subheading 2816.20 from any other subheading,
except from subheading 2530.90.
2816.30............................................. A change to subheading 2816.30 from any other subheading.
2817................................................ A change to heading 2817 from any other heading, except
from heading 2608.
2818.10-2818.30..................................... A change to subheading 2818.10 through 2818.30 from any
other subheading, including another subheading within
that group, except from heading 2606 or subheading
2620.40.
2819.10-2819.90..................................... A change to subheading 2819.10 through 2819.90 from any
other subheading, including another subheading within
that group.
2820.10-2820.90..................................... A change to subheading 2820.10 through 2820.90 from any
other subheading, including another subheading within
that group, except from subheading 2530.90 or heading
2602.
2821.10............................................. A change to subheading 2821.10 from any other subheading.
2821.20............................................. A change to subheading 2821.20 from any other subheading,
except from subheading 2530.30 or 2601.11 through
2601.20.
2822................................................ A change to heading 2822 from any other heading, except
from heading 2605.
2823................................................ A change to heading 2823 from any other heading.
2824.10-2824.90..................................... A change to subheading 2824.10 through 2824.90 from any
other subheading, including another subheading within
that group, except from heading 2607.
2825.10-2825.40..................................... A change to subheading 2825.10 through 2825.40 from any
other subheading, including another subheading within
that group.
2825.50............................................. A change to subheading 2825.50 from any other subheading,
except from heading 2603.
2825.60............................................. A change to subheading 2825.60 from any other subheading,
except from subheading 2615.10.
2825.70............................................. A change to subheading 2825.70 from any other subheading,
except from subheading 2613.10.
2825.80............................................. A change to subheading 2825.80 from any other subheading,
except from subheading 2617.10.
2825.90............................................. A change to subheading 2825.90 from any other subheading,
provided that the good classified in subheading 2825.90
is the product of a ``chemical reaction'' as defined in
Note 1.
2826.11-2833.19..................................... A change to subheading 2826.11 through 2833.19 from any
other subheading, including another subheading within
that group.
2833.21............................................. A change to subheading 2833.21 from any other subheading,
except from subheading 2530.20.
2833.22-2833.26..................................... A change to subheading 2833.22 through 2833.26 from any
other subheading, including another subheading within
that group.
2833.27............................................. A change to subheading 2833.27 from any other subheading,
except from subheading 2511.10.
2833.29............................................. A change to subheading 2833.29 from any other subheading,
except from heading 2520.
2833.30-2833.40..................................... A change to subheading 2833.30 through 2833.40 from any
other subheading, including another subheading within
that group.
2834.10-2834.29..................................... A change to subheading 2834.10 through 2834.29 from any
other subheading, including another subheading within
that group.
2835.10-2835.25..................................... A change to subheading 2835.10 through 2835.25 from any
other subheading, including another subheading within
that group.
2835.26............................................. A change to subheading 2835.26 from any other subheading,
except from heading 2510.
2835.29-2835.39..................................... A change to subheading 2835.29 through 2835.39 from any
other subheading, including another subheading within
that group.
2836.10............................................. A change to subheading 2836.10 from any other subheading.
2836.20............................................. A change to subheading 2836.20 from any other subheading,
except from subheading 2530.90.
2836.30-2836.40..................................... A change to subheading 2836.30 through 2836.40 from any
other subheading, including another subheading within
that group.
2836.50............................................. A change to subheading 2836.50 from any other subheading,
except from heading 2509, subheading 2517.41 or 2517.49,
heading 2521, or subheading 2530.90.
2836.60............................................. A change to subheading 2836.60 from any other subheading,
except from subheading 2511.20.
2836.70............................................. A change to subheading 2836.70 from any other subheading,
except from heading 2607.
2836.91............................................. A change to subheading 2836.91 from any other subheading.
2836.92............................................. A change to subheading 2836.92 from any other subheading,
except from subheading 2530.90.
2836.99............................................. A change to bismuth carbonate of subheading 2836.99 from
any other subheading, except from subheading 2617.90; or
A change to subheading 2836.99 from any other subheading,
provided that the good classified in subheading 2836.99
is the product of a ``chemical reaction'' as defined in
Note 1.
2837.11-2837.20..................................... A change to subheading 2837.11 through 2837.20 from any
other subheading, including another subheading within
that group.
2838................................................ A change to heading 2838 from any other heading.
2839.11-2839.19..................................... A change to subheading 2839.11 through 2839.19 from any
other subheading outside that group.
2839.20-2839.90..................................... A change to subheading 2839.20 through 2839.90 from any
other subheading, including another subheading within
that group.
[[Page 28962]]
2840.11-2840.20..................................... A change to subheading 2840.11 through 2840.20 from any
other subheading outside that group, except from
subheading 2528.10.
2840.30............................................. A change to subheading 2840.30 from any other subheading.
2841.10-2841.40..................................... A change to subheading 2841.10 through 2841.40 from any
other subheading, including another subheading within
that group.
2841.50............................................. A change to subheading 2841.50 from any other subheading,
except from heading 2610.
2841.61-2841.69..................................... A change to subheading 2841.61 through 2841.69 from any
other subheading outside that group.
2841.70............................................. A change to subheading 2841.70 from any other subheading,
except from subheading 2613.90.
2841.80............................................. A change to subheading 2841.80 from any other subheading,
except from heading 2611.
2841.90............................................. A change to subheading 2841.90 from any other subheading,
provided that the good classified in subheading 2841.90
is the product of a ``chemical reaction'' as defined in
Note 1.
2842.10............................................. A change to subheading 2842.10 from any other subheading.
2842.90............................................. A change to subheading 2842.90 from any other subheading,
provided that the good classified in subheading 2842.90
is the product of a ``chemical reaction'' as defined in
Note 1.
2843.10............................................. A change to subheading 2843.10 from any other subheading,
except from heading 7106, 7108, 7110, or 7112.
2843.21-2843.29..................................... A change to subheading 2843.21 through 2843.29 from any
other subheading, including another subheading within
that group.
2843.30-2843.90..................................... A change to subheading 2843.30 through 2843.90 from any
other subheading, including another subheading within
that group, except from subheading 2616.90.
2844.10............................................. A change to subheading 2844.10 from any other subheading,
except from subheading 2612.10.
2844.20............................................. A change to subheading 2844.20 from any other subheading.
2844.30............................................. A change to subheading 2844.30 from any other subheading,
except from subheading 2844.20.
2844.40-2844.50..................................... A change to subheading 2844.40 through 2844.50 from any
other subheading, including another subheading within
that group.
2845................................................ A change to heading 2845 from any other heading.
2846................................................ A change to heading 2846 from any other heading, except
from subheading 2530.90.
2847................................................ A change to heading 2847 from any other heading.
2848................................................ A change to heading 2848 from any other heading.
2849.10-2849.90..................................... A change to subheading 2849.10 through 2849.90 from any
other subheading, including another subheading within
that group.
2850-2851........................................... A change to heading 2850 through 2851 from any other
heading, including another heading within that group.
2901.10-2901.90..................................... A change to subheading 2901.10 through 2901.90 from any
other subheading, including another subheading within
that group, except from acyclic petroleum oils of heading
2710 or from subheading 2711.13, 2711.14, 2711.19, or
2711.29.
2902.11............................................. A change to subheading 2902.11 from any other subheading.
2902.19............................................. A change to subheading 2902.19 from any other subheading,
except from non-aromatic cyclic petroleum oils of
subheading 2707.50, 2707.99, or heading 2710.
2902.20............................................. A change to subheading 2902.20 from any other subheading,
except from subheading 2707.10, 2707.50, or 2707.99.
2902.30............................................. A change to subheading 2902.30 from any other subheading,
except from subheading 2707.20, 2707.50, or 2707.99.
2902.41-2902.44..................................... A change to subheading 2902.41 through 2902.44 from any
other subheading, including another subheading within
that group, except from subheading 2707.30, 2707.50 or
2707.99.
2902.50............................................. A change to subheading 2902.50 from any other subheading.
2902.60............................................. A change to subheading 2902.60 from any other subheading,
except from subheading 2707.30, 2707.50, 2707.99, or
heading 2710.
2902.70-2902.90..................................... A change to subheading 2902.70 through 2902.90 from any
other subheading, including another subheading within
that group, except from subheading 2707.50, 2707.99, or
heading 2710.
2903.11-2903.30..................................... A change to subheading 2903.11 through 2903.30 from any
other subheading, including another subheading within
that group.
2903.41-2903.49..................................... A change to subheading 2903.41 through 2903.49 from any
other subheading outside that group.
2903.51-2904.90..................................... A change to subheading 2903.51 through 2904.90 from any
other subheading, including another subheading within
that group.
2905.11-2905.19..................................... A change to subheading 2905.11 through 2905.19 from any
other subheading, including another subheading within
that group.
2905.22-2905.29..................................... A change to subheading 2905.22 through 2905.29 from any
other subheading, including another subheading within
that group, except from subheading 1301.90, 3301.90, or
3805.90.
2905.31-2905.44..................................... A change to subheading 2905.31 through 2905.44 from any
other subheading, including another subheading within
that group.
2905.45............................................. A change to subheading 2905.45 from any other subheading,
except from heading 1520.
2905.49-2905.50..................................... A change to subheading 2905.49 through 2905.50 from any
other subheading, including another subheading within
that group.
2906.11............................................. A change to subheading 2906.11 from any other subheading,
except from subheading 3301.24 or 3301.25.
2906.12-2906.13..................................... A change to subheading 2906.12 through 2906.13 from any
other subheading, including another subheading within
that group.
2906.14............................................. A change to subheading 2906.14 from any other subheading,
except from heading 3805.
2906.19............................................. A change to subheading 2906.19 from any other subheading,
except from subheading 3301.90 or 3805.90.
2906.21............................................. A change to subheading 2906.21 from any other subheading.
2906.29............................................. A change to subheading 2906.29 from any other subheading,
except from subheading 2707.60 or 3301.90.
2907.11............................................. A change to subheading 2907.11 from any other subheading,
except from subheading 2707.60.
2907.12-2907.22..................................... A change to subheading 2907.12 through 2907.22 from any
other subheading, including another subheading within
that group, except from subheading 2707.99.
2907.23............................................. A change to subheading 2907.23 from any other subheading.
[[Page 28963]]
2907.29-2907.30..................................... A change to subheading 2907.29 through 2907.30 from any
other subheading, including another subheading within
that group, except from subheading 2707.99.
2908................................................ A change to heading 2908 from any other heading.
2909.11-2909.49..................................... A change to subheading 2909.11 through 2909.49 from any
other subheading, including another subheading within
that group.
2909.50............................................. A change to subheading 2909.50 from any other subheading,
except from subheading 3301.90.
2909.60............................................. A change to subheading 2909.60 from any other subheading.
2910.10-2910.90..................................... A change to subheading 2910.10 through 2910.90 from any
other subheading, including another subheading within
that group.
2911................................................ A change to heading 2911 from any other heading.
2912.11-2912.13..................................... A change to subheading 2912.11 through 2812.13 from any
other subheading, including another subheading within
that group.
2912.19-2912.49..................................... A change to subheading 2912.19 through 2912.49 from any
other subheading, including another subheading within
that group, except from subheading 3301.90.
2912.50-2912.60..................................... A change to subheading 2912.50 through 2912.60 from any
other subheading, including another subheading within
that group.
2913................................................ A change to heading 2913 from any other heading.
2914.11-2914.19..................................... A change to subheading 2914.11 through 2914.19 from any
other subheading, including another subheading within
that group, except from subheading 3301.90.
2914.21-2914.22..................................... A change to subheading 2914.21 through 2914.22 from any
other subheading, including another subheading within
that group.
2914.23............................................. A change to subheading 2914.23 from any other subheading,
except from subheading 3301.90.
2914.29............................................. A change to subheading 2914.29 from any other subheading,
except from subheading 3301.90 or 3805.90.
2914.31-2914.39..................................... A change to subheading 2914.31 through 2914.39 from any
other subheading outside that group, except from
subheading 3301.90.
2914.40-2914.70..................................... A change to subheading 2914.40 through 2914.70 from any
other subheading, including another subheading within
that group, except from subheading 3301.90.
2915.11-2915.35..................................... A change to subheading 2915.11 through 2915.35 from any
other subheading, including another subheading within
that group.
2915.39............................................. A change to subheading 2915.39 from any other subheading,
except from subheading 3301.90.
2915.40-2915.90..................................... A change to subheading 2915.40 through 2915.90 from any
other subheading, including another subheading within
that group.
2916.11-2916.20..................................... A change to subheading 2916.11 through 2916.20 from any
other subheading, including another subheading within
that group.
2916.31-2916.39..................................... A change to subheading 2916.31 through 2916.39 from any
other subheading, including another subheading within
that group, except from subheading 3301.90.
2917.11-2917.39..................................... A change to subheading 2917.11 through 2917.39 from any
other subheading, including another subheading within
that group.
2918.11-2918.22..................................... A change to subheading 2918.11 through 2918.22 from any
other subheading, including another subheading within
that group.
2918.23............................................. A change to subheading 2918.23 from any other subheading,
except from subheading 3301.90.
2918.29-2918.30..................................... A change to subheading 2918.29 through 2918.30 from any
other subheading, including another subheading within
that group.
2918.90............................................. A change to subheading 2918.90 from any other subheading,
except from heading 3301.90.
2919................................................ A change to heading 2919 from any other heading.
2920.10-2926.90..................................... A change to subheading 2920.10 through 2926.90 from any
other subheading, including another subheading within
that group.
2927-2928........................................... A change to heading 2927 through 2928 from any other
heading, including another heading within that group.
2929.10-2930.90..................................... A change to subheading 2929.10 through 2930.90 from any
other subheading, including another subheading within
that group.
2931................................................ A change to heading 2931 from any other heading.
2932.11-2932.99..................................... A change to subheading 2932.11 through 2932.99 from any
other subheading, including another subheading within
that group, except from subheading 3301.90.
2933.11-2934.90..................................... A change to subheading 2933.11 through 2934.90 from any
other subheading, including another subheading within
that group.
2935................................................ A change to heading 2935 from any other heading.
2936.10-2936.29..................................... A change to subheading 2936.10 through 2936.29 from any
other subheading, including another subheading within
that group.
2936.90............................................. A change to subheading 2936.90 from any other subheading,
except from subheading 2936.10 through 2936.29.
2937-2941........................................... A change to heading 2937 through 2941 from any other
heading, including another heading within that group.
2942................................................ A change to heading 2942 from any other chapter.
3001.10............................................. A change to subheading 3001.10 from any other subheading,
except from subheading 0206.10 through 0208.90 or
0305.20, heading 0504 or 0510, or subheading 0511.99 if
the change from these provisions is not to a powder
classified in subheading 3001.10.
3001.20-3001.90..................................... A change to subheading 3001.20 through 3001.90 from any
other subheading, including another subheading within
that group.
3002.10-3002.90..................................... A change to subheading 3002.10 through 3002.90 from any
other subheading, including another subheading within
that group.
3002.90............................................. A change to subheading 3002.90 from any other subheading.
3003.10............................................. A change to subheading 3003.10 from any other subheading,
except from subheading 2941.10, 2941.20, or 3003.20.
3003.20............................................. A change to subheading 3003.20 from any other subheading,
except from subheading 2941.30 through 2941.90.
3003.31............................................. A change to subheading 3003.31 from any other subheading,
except from subheading 2937.91.
[[Page 28964]]
3003.39............................................. A change to subheading 3003.39 from any other subheading,
except from hormones or their derivatives classified in
Chapter 29.
3003.40............................................. A change to subheading 3003.40 from any other subheading,
except from heading 1211, subheading 1302.11, 1302.19,
1302.20, or 1302.39 or alkaloids or derivatives thereof
classified in Chapter 29.
3003.90............................................. A change to subheading 3003.90 from any other subheading,
provided that the domestic content of the therapeutic or
prophylactic component is no less than 40 percent by
weight of the total therapeutic or prophylactic content.
3004.10............................................. A change to subheading 3004.10 from any other subheading,
except from subheading 2941.10, 2941.20, 3003.10, or
3003.20.
3004.20............................................. A change to subheading 3004.20 from any other subheading,
except from subheading 2941.30 through 2941.90 or
3003.20.
3004.31............................................. A change to subheading 3004.31 from any other subheading,
except from subheading 2937.91, 3003.31, or 3003.39.
3004.32............................................. A change to subheading 3004.32 from any other subheading,
except from subheading 3003.39 or adrenal cortical
hormones classified in Chapter 29.
3004.39............................................. A change to subheading 3004.39 from any other subheading,
except from subheading 3003.39 or hormones or derivatives
thereof classified in Chapter 29.
3004.40............................................. A change to subheading 3004.40 from any other subheading,
except from heading 1211, subheading 1302.11, 1302.19,
1302.20, 1302.39, or 3003.40 or alkaloids or derivatives
thereof classified in Chapter 29.
3004.50............................................. A change to subheading 3004.50 from any other subheading,
except from subheading 3003.90 or vitamins classified in
Chapter 29 or products classified in heading 2936.
3004.90............................................. A change to subheading 3004.90 from any other subheading,
except from subheading 3003.90, and provided that the
domestic content of the therapeutic or prophylactic
component is no less than 40 percent by weight of the
total therapeutic or prophylactic content.
3005.10............................................. A change to subheading 3005.10 from any other subheading.
3006.10............................................. A change to subheading 3006.10 from any other subheading,
except from subheading 1212.20 or 4206.10.
3006.20-3006.60..................................... A change to subheading 3006.20 through 3006.60 from any
other subheading, including another subheading within
that group.
3101................................................ A change to heading 3101 from any other heading, except
from subheading 2301.20 or from powders and meals of
subheading 0506.90, heading 0508, or subheading 0511.91
or 0511.99.
3102.10-3102.21..................................... A change to subheading 3102.10 through 3102.21 from any
other subheading, including another subheading within
that group.
3102.29............................................. A change to subheading 3102.29 from any other subheading,
except from subheading 3102.21 or 3102.30.
3102.30............................................. A change to subheading 3102.30 from any other subheading.
3102.40............................................. A change to subheading 3102.40 from any other subheading,
except from subheading 3102.30.
3102.50............................................. A change to subheading 3102.50 from any other subheading.
3102.60............................................. A change to subheading 3102.60 from any other subheading,
except from subheading 2834.29 or 3102.30.
3102.70............................................. A change to subheading 3102.70 from any other subheading.
3102.80............................................. A change to subheading 3102.80 from any other subheading,
except from subheading 3102.10 or 3102.30.
3102.90............................................. A change to subheading 3102.90 from any other subheading,
except from subheading 3102.10 through 3102.80.
3103.10-3103.20..................................... A change to subheading 3103.10 through 3103.20 from any
other subheading, including another subheading within
that group.
3103.90............................................. A change to subheading 3103.90 from any other subheading,
except from subheading 3103.10 or 3103.20.
3104.10-3104.30..................................... A change to subheading 3104.10 through 3104.30 from any
other subheading, including another subheading within
that group.
3104.90............................................. A change to subheading 3104.90 from any other subheading,
except from subheading 3104.10 through 3104.30.
3105.10............................................. A change to subheading 3105.10 from any other subheading,
except from Chapter 31.
3105.20............................................. A change to subheading 3105.20 from any other heading,
except from heading 3102 through 3104.
3105.30-3105.40..................................... A change to subheading 3105.30 through 3105.40 from any
other subheading, including another subheading within
that group.
3105.51-3105.59..................................... A change to subheading 3105.51 through 3105.59 from any
other subheading, including another subheading within
that group, except from subheading 3102.10 through
3103.90 or 3105.30 through 3105.40.
3105.60............................................. A change to subheading 3105.60 from any other subheading,
except from heading 3103 through 3104.
3105.90............................................. A change to subheading 3105.90 from any other chapter,
except from subheading 2834.21.
3201.10-3202.90..................................... A change to subheading 3201.10 through 3202.90 from any
other subheading, including another subheading within
that group.
3203................................................ A change to heading 3203 from any other heading.
3204.11-3204.17..................................... A change to subheading 3204.11 through 3204.17 from any
other subheading, including another subheading within
that group.
3204.19............................................. A change to subheading 3204.19 from any other subheading,
except from subheading 3204.11 through 3204.17.
3204.20-3204.90..................................... A change to subheading 3204.20 through 3204.90 from any
other subheading, including another subheading within
that group.
3205................................................ A change to heading 3205 from any other heading.
3206.11-3206.19..................................... A change to subheading 3206.11 through 3206.19 from any
other subheading outside that group.
3206.20-3209.90..................................... A change to subheading 3206.20 through 3209.90 from any
other subheading, including another subheading within
that group.
3210................................................ A change to heading 3210 from any other heading.
3211................................................ A change to heading 3211 from any other heading, except
from subheading 3806.20.
3212.10-3212.90..................................... A change to subheading 3212.10 through 3212.90 from any
other subheading, including another subheading within
that group.
3213................................................ A change to heading 3213 from any other heading.
3214.10-3214.90..................................... A change to subheading 3214.10 through 3214.90 from any
other subheading, including another subheading within
that group, except from subheading 3824.50.
3215................................................ A change to heading 3215 from any other heading.
[[Page 28965]]
3301.11-3301.90..................................... A change to subheading 3301.11 through 3301.90 from any
other subheading, including another subheading within
that group.
3302................................................ A change to heading 3302 from any other heading, except
from subheading 2106.90 or heading 2207, 2208, or 3301.
3303................................................ A change to heading 3303 from any other heading, except
from subheading 3302.90.
3304.10-3306.10..................................... A change to subheading 3304.10 through 3306.10 from any
other subheading, including another subheading within
that group.
3306.20............................................. A change to subheading 3306.20 from any other subheading,
except from Chapter 54.
3306.90-3307.90..................................... A change to subheading 3306.90 through 3307.90 from any
other subheading, including another subheading within
that group.
3401................................................ A change to heading 3401 from any other heading.
3402.11............................................. A change to subheading 3402.11 from any other subheading,
except from subheading 3817.10.
3402.12-3402.20..................................... A change to subheading 3402.11 through 3402.20 from any
other subheading, including another subheading within
that group.
3402.90............................................. A change to subheading 3402.90 from any other heading.
3403.11-3403.19..................................... A change to subheading 3403.11 through 3403.19 from any
other subheading, including another subheading within
that group, except from heading 2710 or 2712.
3403.91-3403.99..................................... A change to subheading 3403.91 through 3403.99 from any
other subheading, including another subheading within
that group.
3404.10-3404.20..................................... A change to subheading 3404.10 through 3404.20 from any
other subheading, including another subheading within
that group.
3404.90............................................. A change to subheading 3404.90 from any other subheading,
except from heading 1521 or subheading 2712.20 or
2712.90.
3405.10-3405.90..................................... A change to subheading 3405.10 through 3405.90 from any
other subheading, including another subheading within
that group.
3406-3407........................................... A change to heading 3406 through 3407 from any other
heading, including another heading within that group.
3501.10-3501.90..................................... A change to subheading 3501.10 through 3501.90 from any
other subheading, including another subheading within
that group.
3502.11-3502.19..................................... A change to subheading 3502.11 through 3502.19 from any
other subheading outside that group, except from heading
0407.
3502.20-3502.90..................................... A change to subheading 3502.20 through 3502.90 from any
other subheading, including another subheading within
that group.
3503-3504........................................... A change to heading 3503 through 3504 from any other
heading, including another heading within that group.
3505.10............................................. A change to subheading 3505.10 from any other subheading.
3505.20............................................. A change to subheading 3505.20 from any other subheading,
except from heading 1108.
3506.10............................................. A change to subheading 3506.10 from any other subheading,
except from heading 3503 or subheading 3501.90.
3506.91-3506.99..................................... A change to subheading 3506.91 through 3506.99 from any
other subheading, including another subheading within
that group.
3507................................................ A change to heading 3507 from any other heading.
3601-3606........................................... A change to heading 3601 through 3606 from any other
heading, including any other heading within that group.
3701-3703........................................... A change to heading 3701 through 3703 from any other
heading outside that group.
3704-3706........................................... A change to heading 3704 through 3706 from any other
heading, including another heading within that group.
3707.10-3707.90..................................... A change to subheading 3707.10 through 3707.90 from any
other subheading, including another subheading within
that group.
3801.10............................................. A change to subheading 3801.10 from any other subheading.
3801.20............................................. A change to subheading 3801.20 from any other subheading,
except from heading 2504 or subheading 3801.10.
3801.30............................................. A change to subheading 3801.30 from any other subheading.
3801.90............................................. A change to subheading 3801.90 from any other subheading,
except from heading 2504.
3802-3805........................................... A change to heading 3802 through 3805 from any other
heading, including another heading within that group.
3806.10-3806.90..................................... A change to subheading 3806.10 through 3806.90 from any
other subheading, including another subheading within
that group.
3807................................................ A change to heading 3807 from any other heading.
3808.10............................................. A change to subheading 3808.10 from any other subheading,
except from subheading 1302.14 or from any insecticide
classified in Chapter 28 or 29.
3808.20............................................. A change to subheading 3808.20 from any other subheading,
except from fungicides classified in Chapter 28 or 29.
3808.30............................................. A change to subheading 3808.30 from any other subheading,
except from herbicides, antisprouting products and plant-
growth regulators classified in Chapter 28 or 29; or
A change to a mixture of subheading 3808.3
FR Doc. 96-14027 Rules for Determining the Country of Origin of a Good for Purposes of Annex 311 of the North American Free Trade Agreement
0 from any other
subheading, provided that the mixture is made from two or
more active ingredients and a domestic active ingredient
constitutes no less than 40 percent by weight of the
total active ingredients.
3808.40............................................. A change to subheading 3808.40 from any other subheading.
3808.90............................................. A change to subheading 3808.90 from any other subheading,
except from rodenticides and other pesticides classified
in Chapter 28 or 29; or
A change to a mixture of subheading 3808.90 from any other
subheading, provided that the mixture is made from two or
more active ingredients and a domestic active ingredient
constitutes no less than 40 percent by weight of the
total active ingredients.
3809.10............................................. A change to subheading 3809.10 from any other subheading,
except from subheading 3505.10.
3809.91-3809.99..................................... A change to subheading 3809.91 through 3809.99 from any
other subheading, including another subheading within
that group.
3810-3816........................................... A change to heading 3810 through 3816 from any other
heading, including another heading within that group.
3817.10-3817.20..................................... A change to subheading 3817.10 through 3817.20 from any
other subheading, including another subheading within
that group, except from subheading 2902.90.
3818................................................ A change to heading 3818 from any other heading.
[[Page 28966]]
3819................................................ A change to heading 3819 from any other heading, except
from heading 2710.
3820................................................ A change to heading 3820 from any other heading, except
from subheading 2905.31.
3821................................................ A change to heading 3821 from any other heading.
3822................................................ A change to heading 3822 from any other heading, except
from subheading 3002.10 or 3502.90 or heading 3504.
3823.11-3823.13..................................... A change to subheading 3823.11 through 3823.13 from any
other subheading, including another subheading within
that group, except from heading 1520.
3823.19............................................. A change to subheading 3823.19 from any other subheading.
3823.70............................................. A change to subheading 3823.70 from any other subheading,
except from heading 1520.
3824.10............................................. A change to subheading 3824.10 from any other subheading,
except from heading 3505, subheading 3806.10 or 3806.20,
or heading 3903, 3905, 3906, 3909, 3911, or 3913.
3824.20............................................. A change to subheading 3824.20 from any other subheading.
3824.30............................................. A change to subheading 3824.30 from any other subheading,
except from heading 2849.
3824.40............................................. A change to subheading 3824.40 from any other subheading.
3824.50............................................. A change to subheading 3824.50 from any other subheading,
except from subheading 3214.90.
3824.60............................................. A change to subheading 3824.60 from any other subheading.
3824.71-3824.90..................................... A change to subheading 3824.71 through 3824.90 from any
other subheading, including another subheading within
that group, provided that no more than 60 percent by
weight of the good classified in this subheading is
attributable to one substance or compound.
----------------------------------------------------------------------------------------------------------------
(g) Section VII: Chapters 39 through 40
----------------------------------------------------------------------------------------------------------------
Chapter 39 Note: The country of origin of goods classified in subheadings 3921.12.15, 3921.13.15, and
3921.90.2550 shall be determined under the provisions of Sec. 102.21.
3901-3915........................................... A change to heading 3901 through 3915 from any other
heading, including another heading within that group,
provided that the domestic polymer content is no less
than 40 percent by weight of the total polymer content.
3916.10-3918.90..................................... A change to subheading 3916.10 through 3918.90 from any
other subheading, including another subheading within
that group.
3919.10-3919.90..................................... A change to subheading 3919.10 through 3919.90 from any
other subheading outside that group.
3920.10-3921.90..................................... A change to subheading 3920.10 through 3921.90 from any
other subheading, including another subheading within
that group.
3922-3926........................................... A change to heading 3922 through 3926 from any other
heading, including another heading within that group.
4001.10-4001.22..................................... A change to subheading 4001.10 through 4001.22 from any
other subheading, including another subheading within
that group.
4001.29............................................. A change to subheading 4001.29 from any other subheading,
except from subheading 4001.21 or 4001.22.
4001.30............................................. A change to subheading 4001.30 from any other subheading.
4002.11-4002.70..................................... A change to subheading 4002.11 through 4002.70 from any
other subheading, including another subheading within
that group.
4002.80-4002.99..................................... A change to subheading 4002.80 through 4002.99 from any
other subheading, including another subheading within
that group, provided that the domestic rubber content is
no less than 40 percent by weight of the total rubber
content.
4003-4004........................................... A change to heading 4003 through 4004 from any other
heading, including another heading within that group.
4005................................................ A change to heading 4005 from any other heading, except
from heading 4001 or 4002.
4006-4010........................................... A change to heading 4006 through 4010 from any other
heading, including another heading within that group.
4011.10-4012.90..................................... A change to subheading 4011.10 through 4012.90 from any
other subheading, including another subheading within
that group.
4013................................................ A change to heading 4013 from any other heading.
4014.10-4014.90..................................... A change to subheading 4014.10 through 4014.90 from any
other subheading, including another subheading within
that group.
4015................................................ A change to heading 4015 from any other heading.
4016.10-4016.99..................................... A change to subheading 4016.10 through 4016.99 from any
other subheading, including another subheading within
that group.
4017................................................ A change to heading 4017 from any other heading.
----------------------------------------------------------------------------------------------------------------
(h) Section VIII: Chapters 41 through 43
----------------------------------------------------------------------------------------------------------------
4101-4103........................................... A change to heading 4101 through 4103 from any other
chapter.
4104-4107........................................... A change to heading 4104 through 4107 from any other
heading, including another heading within that group.
4108-4111........................................... A change to heading 4108 through 4111 from any other
heading, including another heading within that group.
Chapter 42 Note: The country of origin of goods classified in subheadings 4202.12.40 through 4202.12.80,
4202.22.40 through 4202.22.80, 4202.32.40 through 4202.32.95, 4202.92.15 through 4202.92.30, and 4202.92.60
through 4202.92.90 shall be determined under the provisions of Sec. 102.21.
4201................................................ A change to heading 4201 from any other heading.
4202.11............................................. A change to subheading 4202.11 from any other heading.
4202.12-4202.22..................................... A change to subheading 4202.12 through 4202.22 from any
other heading, provided that the change does not result
from the assembly of foreign cut components.
4202.29............................................. A change to subheading 4202.29 from any other heading.
4202.31-4202.32..................................... A change to subheading 4202.31 through 4202.32 from any
other heading, provided that the change does not result
from the assembly of foreign cut components.
4202.39............................................. A change to subheading 4202.39 from any other heading.
4202.91-4202.99..................................... A change to subheading 4202.91 through 4202.99 from any
other heading, provided that the change does not result
from the assembly of foreign cut components.
4203-4206........................................... A change to heading 4203 through 4206 from any other
heading, including another heading within that group.
[[Page 28967]]
4301................................................ A change to heading 4301 from any other chapter.
4302.11-4302.20..................................... A change to subheading 4302.11 through 4302.20 from any
other heading.
4302.30............................................. A change to subheading 4302.30 from any other subheading,
provided that the change does not result from the
assembly of foreign cut fur components.
4303-4304........................................... A change to heading 4303 through 4304 from any other
heading, including another heading within that group.
----------------------------------------------------------------------------------------------------------------
(i) Section IX: Chapters 44 through 46
----------------------------------------------------------------------------------------------------------------
4401-4411........................................... A change to heading 4401 through 4411 from any other
heading, including another heading within that group.
4412................................................ A change to heading 4412 from any other heading; or
A change to surface-covered plywood of heading 4412 from
any other plywood that is not surface-covered or is
surface-covered only with a clear or transparent material
which does not obscure the grain, texture, or markings of
the face ply.
4413-4421........................................... A change to heading 4413 through 4421 from any other
heading, including another heading within that group.
4501................................................ A change to heading 4501 from any other heading.
4502................................................ A change to heading 4502 from any other heading, except
from heading 4501.
4503-4504........................................... A change to heading 4503 through 4504 from any other
heading, including another heading within that group.
4601................................................ A change to subheading 4601.10 through 4601.99 from any
other subheading, including another subheading within
that group.
4602................................................ A change to heading 4602 from any other heading.
----------------------------------------------------------------------------------------------------------------
(j) Section X: Chapters 47 through 49
----------------------------------------------------------------------------------------------------------------
4701-4702........................................... A change to heading 4701 through 4702 from any other
heading, including another heading within that group.
4703.11-4704.29..................................... A change to subheading 4703.11 through 4704.29 from any
other subheading, including another subheading within
that group.
4705-4707........................................... A change to heading 4705 through 4707 from any other
heading, including another heading within that group.
4801-4807........................................... A change to heading 4801 through 4807 from any other
heading, including another heading within that group.
4808.10............................................. A change to subheading 4808.10 from any other heading.
4808.20-4808.30..................................... A change to subheading 4808.20 through 4808.30 from any
other heading, except from heading 4804.
4808.90............................................. A change to subheading 4808.90 from any other chapter.
4809................................................ A change to heading 4809 from any other heading.
4810................................................ A change to heading 4810 from any other heading.
4811.10-4811.31..................................... A change to subheading 4811.10 through 4811.31 from any
other heading.
4811.39............................................. A change to subheading 4811.39 from any other heading,
except from heading 4804.
4811.40-4811.90..................................... A change to subheading 4811.40 through 4811.90 from any
other heading.
4812-4814........................................... A change to heading 4812 through 4814 from any other
heading, including another heading within that group.
4815................................................ A change to heading 4815 from any other heading.
4816................................................ A change to heading 4816 from any other heading, except
from heading 4809.
4817-4822........................................... A change to heading 4817 through 4822 from any other
heading, including another heading within that group.
4823.11............................................. A change to subheading 4823.11 from any other subheading.
4823.19............................................. A change to subheading 4823.19 from any other subheading.
4823.20-4823.59..................................... A change to subheading 4823.20 through 4823.59 from any
other chapter.
4823.60-4823.70..................................... A change to subheading 4823.60 through 4823.70 from any
other subheading, including another subheading within
that group.
4823.90............................................. A change to a good of subheading 4823.90, other than to
cards not punched and for punchcard machines, from any
other subheading; or
A change to cards not punched and for punchcard machines
of subheading 4823.90 from any other chapter.
4901-4911........................................... A change to heading 4901 through 4911 from any other
heading, including another heading within that group.
----------------------------------------------------------------------------------------------------------------
(k) Section XII: Chapters 64 through 67
----------------------------------------------------------------------------------------------------------------
Chapter 64 Note: For purposes of this chapter, the term ``formed uppers'' means uppers, with closed bottoms,
which have been shaped by lasting, molding or otherwise but not by simply closing at the bottom. The country of
origin of goods classified in subheadings 6405.20.60, 6406.10.77, 6406.10.90, and 6406.99.15 shall be determined
under the provisions of Sec. 102.21.
6401-6405........................................... A change to heading 6401 through 6405 from any other
heading outside that group, except from formed uppers.
6406.10............................................. A change to subheading 6406.10 from any other subheading.
6406.20-6406.99..................................... A change to subheading 6406.20 through 6406.99 from any
other chapter.
6505.10............................................. A change to subheading 6505.10 from any other subheading.
6506................................................ A change to heading 6506 from any other heading, except
from heading 6501 through 6502; or
A change to heading 6506 from heading 6501 by means of a
blocking process; or
A change to heading 6506 from heading 6502, provided that
the change is the result of at least three processing
steps (e.g. dyeing, blocking, trimming, or adding a
sweatband).
6507................................................ A change to heading 6507 from any other heading.
6602................................................ A change to heading 6602 from any other heading.
6603.10............................................. A change to subheading 6603.10 from any other heading.
6603.20............................................. A change to subheading 6603.20 from any other heading; or
A change to subheading 6603.20 from subheading 6603.90,
except when that change is pursuant to General Rule of
Interpretation 2(a).
6603.90............................................. A change to subheading 6603.90 from any other heading.
6701................................................ A change to heading 6701 from any other heading; or
A change to articles of feather or down of heading 6701
from feathers or down.
[[Page 28968]]
6702-6704........................................... A change to heading 6702 through 6704 from any other
heading, including another heading within that group.
----------------------------------------------------------------------------------------------------------------
(l) Section XIII: Chapters 68 through 70
----------------------------------------------------------------------------------------------------------------
6801-6808........................................... A change to heading 6801 through 6808 from any other
heading, including another heading within that group.
6809.11............................................. A change to subheading 6809.11 from any other heading.
6809.19............................................. A change to subheading 6809.19 from any other heading.
6809.90............................................. A change to subheading 6809.90 from any other subheading.
6810.11-6810.19..................................... A change to subheading 6810.11 through 6810.19 from any
other heading.
6810.91............................................. A change to subheading 6810.91 from any other subheading.
6810.99............................................. A change to subheading 6810.99 from any other heading.
6811.10............................................. A change to subheading 6811.10 from any other heading.
6811.20............................................. A change to subheading 6811.20 from any other heading.
6811.30............................................. A change to subheading 6811.30 from any other heading.
6811.90............................................. A change to subheading 6811.90 from any other heading.
6812.10............................................. A change to subheading 6812.10 from any other heading.
6812.20............................................. A change to subheading 6812.20 from any other subheading.
6812.30............................................. A change to subheading 6812.30 from any other subheading,
except from subheading 6812.20.
6812.40............................................. A change to subheading 6812.40 from any other subheading.
6812.50............................................. A change to subheading 6812.50 from any other subheading.
6812.60-6812.70..................................... A change to subheading 6812.60 through 6812.70 from any
other subheading outside that group.
6812.90............................................. A change to subheading 6812.90 from any other heading.
6813................................................ A change to heading 6813 from any other heading.
6814.10............................................. A change to subheading 6814.10 from any other heading.
6814.90............................................. A change to subheading 6814.90 from any other heading.
6815.10-6815.99..................................... A change to subheading 6815.10 through 6815.99 from any
other subheading, including another subheading within
that group.
6901-6914........................................... A change to heading 6901 through 6914 from any other
chapter.
Chapter 70 Note: The country of origin of goods classified in subheadings 7019.19.15 and 7019.19.28 shall be
determined under the provisions of Sec. 102.21.
7001................................................ A change to heading 7001 from any other heading.
7002................................................ A change to heading 7002 from any other heading.
7003-7006........................................... A change to heading 7003 through 7006 from any other
heading outside that group.
7007................................................ A change to heading 7007 from any other heading.
7008................................................ A change to heading 7008 from any other heading.
7009.10............................................. A change to subheading 7009.10 from any other subheading.
7009.91-7009.92..................................... A change to subheading 7009.91 through 7009.92 from any
other heading.
7010................................................ A change to heading 7010 from any other heading.
7011................................................ A change to heading 7011 from any other heading, except
from subheading 7003.30.
7012-7018........................................... A change to heading 7012 through 7018 from any other
heading, including another heading within that group; or
A change from uncut and unpolished glassware blanks
classified in heading 7013 to cut and polished glassware
classified in heading 7013, provided that there has been
a substantial amount of both cutting and polishing
operations in a single country.
7019.11-7019.19..................................... A change to subheading 7019.11 through 7019.19 from any
other heading.
7019.31-7019.32..................................... A change to subheading 7019.31 through 7019.32 from any
other subheading outside that group.
7019.39............................................. A change to subheading 7019.39 from any other subheading.
7019.40-7019.59..................................... A change to subheading 7019.40 through 7019.59 from any
other subheading outside that group.
7019.90............................................. A change to subheading 7019.90 from any other heading.
7020................................................ A change to heading 7020 from any other heading, except
from heading 7010 through 7018.
----------------------------------------------------------------------------------------------------------------
(m) Section XIV: Chapter 71
----------------------------------------------------------------------------------------------------------------
7101................................................ A change to heading 7101 from any other heading, except
from heading 0307.
7102-7103........................................... A change to heading 7102 through 7103 from any other
chapter.
7104-7105........................................... A change to heading 7104 through 7105 from any other
heading, including another heading within that group.
7106................................................ A change to heading 7106 from any other chapter.
7107................................................ A change to heading 7107 from any other chapter, except
from Chapter 72 through 76 or Chapter 78 through 83.
7108................................................ A change to heading 7108 from any other chapter.
7109................................................ A change to heading 7109 from any other chapter, except
from Chapter 72 through 76 or Chapter 78 through 83.
7110................................................ A change to heading 7110 from any other chapter.
7111................................................ A change to heading 7111 from any other chapter, except
from Chapter 72 through 76 or Chapter 78 through 83.
7112................................................ A change to heading 7112 from any other heading.
7113.11-7115.90..................................... A change to subheading 7113.11 through 7115.90 from any
other subheading, including another subheading within
that group.
7116................................................ A change to heading 7116 from any other heading, except
that pearls strung but without the addition of clasps or
other ornamental features of precious metals or stones,
shall have the origin of the pearls.
7117-7118........................................... A change to heading 7117 through 7118 from any other
heading, including another heading within that group.
----------------------------------------------------------------------------------------------------------------
(n) Section XV: Chapters 72 through 83
----------------------------------------------------------------------------------------------------------------
Chapter 72 Note: Notwithstanding the specific rules of this chapter, hot-rolled flat-rolled steel which is
cold-reduced (by cold rolling) shall be treated as a good of the country in which the cold-rolled steel is
produced.
[[Page 28969]]
7201-7206........................................... A change to heading 7201 through 7206 from any other
heading, including another heading within that group.
7207................................................ A change to heading 7207 from any other heading, except
from heading 7206.
7208................................................ A change to heading 7208 from any other heading.
7209................................................ A change to heading 7209 from any other heading, except
from heading 7208 or 7211.
7210................................................ A change to heading 7210 from any other heading, except
from heading 7208 through 7212.
7211................................................ A change to heading 7211 from any other heading, except
from heading 7208 through 7209.
7212................................................ A change to heading 7212 from any other heading, except
from heading 7208 through 7211.
7213................................................ A change to heading 7213 from any other heading.
7214................................................ A change to heading 7214 from any other heading, except
from heading 7213.
7215................................................ A change to heading 7215 from any other heading, except
from heading 7213 through 7214.
7216................................................ A change to heading 7216 from any other heading, except
from heading 7208 through 7215.
7217................................................ A change to heading 7217 from any other heading, except
from heading 7213 through 7215.
7218................................................ A change to heading 7218 from any other heading.
7219-7220........................................... A change to heading 7219 through 7220 from any other
heading outside that group.
7221-7222........................................... A change to heading 7221 through 7222 from any other
heading outside that group.
7223................................................ A change to heading 7223 from any other heading, except
from heading 7221 through 7222.
7224................................................ A change to heading 7224 from any other heading.
7225-7226........................................... A change to heading 7225 through 7226 from any other
heading outside that group.
7227-7228........................................... A change to heading 7227 through 7228 from any other
heading outside that group.
7229................................................ A change to heading 7229 from any other heading, except
from heading 7227 through 7228.
7301-7307........................................... A change to heading 7301 through 7307 from any other
heading, including another heading within that group.
7308................................................ A change to heading 7308 from any other heading, except
for changes resulting from the following processes
performed on angles, shapes, or sections classified in
heading 7216:
(a) drilling, punching, notching, cutting, cambering, or
sweeping, whether performed individually or in
combination;
(b) adding attachments or weldments for composite
construction;
(c) adding attachments for handling purposes;
(d) adding weldments, connectors or attachments to H-
sections or I-sections; provided that the maximum
dimension of the weldments, connectors, or attachments is
not greater than the dimension between the inner surfaces
of the flanges of the H-sections or I-sections;
(e) painting, galvanizing, or otherwise coating; or
(f) adding a simple base plate without stiffening
elements, individually or in combination with drilling,
punching, notching, or cutting, to create an article
suitable as a column.
7309-7314........................................... A change to heading 7309 through 7314 from any other
heading, including another heading within that group.
7315.11-7315.12..................................... A change to subheading 7315.11 through 7315.12 from any
other heading; or
A change to subheading 7315.11 through 7315.12 from
subheading 7315.19 or 7315.90, except when that change is
pursuant to General Rule of Interpretation 2(a).
7315.19............................................. A change to subheading 7315.19 from any other subheading.
7315.20-7315.89..................................... A change to subheading 7315.20 through 7315.89 from any
other heading; or
A change to subheading 7315.20 through 7315.89 from
subheading 7315.90, except when that change is pursuant
to General Rule of Interpretation 2(a).
7315.90............................................. A change to subheading 7315.90 from any other subheading.
7316................................................ A change to heading 7316 from any other heading, except
from heading 7312 or 7315.
7317-7318........................................... A change to heading 7317 through 7318 from any other
heading, including another heading within that group.
7319................................................ A change to heading 7319 from any other heading.
7320................................................ A change to heading 7320 from any other heading.
7321.11-7321.83..................................... A change to subheading 7321.11 through 7321.83 from any
other heading; or
A change to subheading 7321.11 through 7321.83 from
heading 7321.90, except when that change is pursuant to
General Rule of Interpretation 2(a).
7321.90............................................. A change to subheading 7321.90 from any other heading.
7322-7323........................................... A change to heading 7322 through 7323 from any other
heading, including another heading within that group.
7324.10-7324.29..................................... A change to subheading 7324.10 through 7324.29 from any
other subheading, including another subheading within
that group.
7324.90............................................. A change to subheading 7324.90 from any other subheading.
7325-7326........................................... A change to heading 7325 through 7326 from any other
heading, including another heading within that group.
7401-7407........................................... A change to heading 7401 through 7407 from any other
heading, including another heading within that group.
7408................................................ A change to heading 7408 from any other heading, except
from heading 7407.
7409................................................ A change to heading 7409 from any other heading.
7410................................................ A change to heading 7410 from any other heading, except
from plate, sheet, or strip classified in heading 7409 of
a thickness less than 5mm.
7411-7418........................................... A change to heading 7411 through 7418 from any other
heading, including another heading within that group.
7419.10-7419.99..................................... A change to subheading 7419.10 through 7419.99 from any
other subheading, including another subheading within
that group.
7501................................................ A change to heading 7501 from any other heading.
7502................................................ A change to heading 7502 from any other heading.
7503................................................ A change to heading 7503 from any other heading.
7504................................................ A change to heading 7504 from any other heading.
7505................................................ A change to heading 7505 from any other heading.
7506................................................ A change to heading 7506 from any other heading; or
A change to foil, not exceeding 0.15 mm in thickness, from
any other good of heading 7506, provided that there has
been a reduction in thickness of no less than 50 percent.
7507.11-7508.90..................................... A change to subheading 7507.11 through 7508.90 from any
other subheading, including another subheading within
that group.
7601-7604........................................... A change to heading 7601 through 7604 from any other
heading, including another heading within that group.
7605................................................ A change to heading 7605 from any other heading, except
from heading 7604.
[[Page 28970]]
7606-7615........................................... A change to heading 7606 through 7615 from any other
heading, including another heading within that group.
7616.10-7616.99..................................... A change to subheading 7616.10 through 7616.99 from any
other subheading, including another subheading within
that group.
7801-7803........................................... A change to heading 7801 through 7803 from any other
heading, including another heading within that group.
7804.11-7804.20..................................... A change to subheading 7804.11 through 7804.20 from any
other subheading, including another subheading within
that group; or
A change to any of the following goods classified in
subheading 7804.11 through 7804.20, including from
materials also classified in subheading 7804.11 through
7804.20: powder except from flakes; flakes except from
powder; plates except from sheets or strip; sheets except
from plate or strip; strip except from sheets or plate.
7805-7806........................................... A change to heading 7805 through 7806 from any other
heading, including another heading within that group; or
A change to any of the following goods classified in
heading 7805 through 7806, including from materials also
classified in heading 7805 through 7806: tubes except
from pipes; pipes except from tubes; tube or pipe
fittings except from tubes or pipes; cables/stranded wire/
plaited bands.
7901-7906........................................... A change to heading 7901 through 7906 from any other
heading, including another heading within that group; or
A change to any of the following goods classified in
heading 7901 through 7906, including from materials also
classified in heading 7901 through 7906: Matte;
unwrought; powder except from flakes; flakes except from
powder; bars except from rods or profiles; rods except
from bars or profiles; profiles except from rods or bars;
wire except from rod; plates except from sheets or strip;
sheets except from plate or strip; strip except from
sheets or plate; foil except from sheet or strip; tubes
except from pipes; pipes except from tubes; tube or pipe
fittings except from tubes or pipes.
7907................................................ A change to heading 7907 from any other heading.
8001................................................ A change to heading 8001 from any other heading.
8002-8004........................................... A change to heading 8002 through 8004 from any other
heading, including another heading within that group; or
A change to any of the following goods classified in
heading 8002 through 8004, including from materials also
classified in heading 8002 through 8004: Bars except from
rods or profiles; rods except from bars or profiles;
profiles except from rods or bars; wire except from rod;
plates except from sheets or strip; sheets except from
plate or strip; strip except from sheets or plate.
8005................................................ A change to heading 8005 from any other heading; or
A change to foil of heading 8005 from powder or flakes of
that heading; or
A change to powder of heading 8005 from foil of that
heading; or
A change to flakes of heading 8005 from foil of that
heading.
8006-8007........................................... A change to heading 8006 through 8007 from any other
heading, including another heading within that group; or
A change to any of the following goods classified in
heading 8006 through 8007, including from materials also
classified in heading 8006 through 8007: Tubes except
from pipes; pipes except from tubes; tube or pipe
fittings except from tubes or pipes; cables/stranded wire/
plaited bands.
Chapter 81 Note: Waste and scrap are products of the country in which they are collected.
8101.10-8101.92..................................... A change to subheading 8101.10 through 8101.92 from any
other subheading, including another subheading within
that group; or
A change to any of the following goods classified in
subheading 8101.10 through 8101.92, including from
materials also classified in subheading 8101.10 through
8101.92: Matte; unwrought; bars except from rods or
profiles; rods except from bars or profiles; profiles
except from rods or bars; plates except from sheets or
strip; sheets except from plate or strip; strip except
from sheets or plate; foil except from sheet or strip.
8101.93............................................. A change to subheading 8101.93 from any other subheading,
except from subheading 8101.92.
8101.99............................................. A change to subheading 8101.99 from any other subheading;
or
A change to any of the following goods classified in
subheading 8101.99, including from materials also
classified in subheading 8101.99: Tubes except from
pipes; pipes except from tubes; tube or pipe fittings
except from tubes or pipes; cables/stranded wire/plaited
bands.
8102.10-8102.92..................................... A change to subheading 8102.10 through 8102.92 from any
other subheading, including another subheading within
that group; or
A change to any of the following goods classified in
subheading 8102.10 through 8102.92, including from
materials also classified in subheading 8102.10 through
8102.92: Matte; unwrought; bars except from rods or
profiles; rods except from bars or profiles; profiles
except from rods or bars; plates except from sheets or
strip; sheets except from plate or strip; strip except
from sheets or plate; foil except from sheet or strip.
8102.93............................................. A change to subheading 8102.93 from any other subheading,
except from subheading 8102.92.
8102.99............................................. A change to subheading 8102.99 from any other subheading.
8103.10-8113.00..................................... A change to subheading 8103.10 through 8113.00 from any
other subheading, including another subheading within
that group; or
A change to any of the following goods classified in
subheading 8103.10 through 8113.00, including from
materials also classified in subheading 8103.10 through
8113.00: Matte; unwrought; powder except from flakes;
flakes except from powder; bars except from rods or
profiles; rods except from bars or profiles; profiles
except from rods or bars; wire except from rod; plates
except from sheets or strip; sheets except from plate or
strip; strip except from sheets or plate; foil except
from sheet or strip; tubes except from pipes; pipes
except from tubes; tube or pipe fittings except from
tubes or pipes; cables/stranded wire/plaited bands.
8201.10-8202.40..................................... A change to subheading 8201.10 through 8202.40 from any
other subheading, including another subheading within
that group.
8202.91............................................. A change to subheading 8202.91 from any other subheading,
except from subheading 8202.99.
8202.99............................................. A change to subheading 8202.99 from any other heading.
8203.10-8207.90..................................... A change to subheading 8203.10 through 8207.90 from any
other subheading, including another subheading within
that group.
8208-8215........................................... A change to heading 8208 through 8215 from any other
heading, including another heading within that group.
8301.10-8301.50..................................... A change to subheading 8301.10 through 8301.50 from any
other subheading, including another subheading within
that group, except from subheading 8301.60 when that
change is pursuant to General Rule of Interpretation
2(a).
[[Page 28971]]
8301.60-8301.70..................................... A change to subheading 8301.60 through 8301.70 from any
other chapter.
8302.10-8302.60..................................... A change to subheading 8302.10 through 8302.60 from any
other subheading, including another subheading within
that group.
8303-8304........................................... A change to heading 8303 through 8304 from any other
heading, including another heading within that group.
8305.10-8305.90..................................... A change to subheading 8305.10 through 8305.90 from any
other subheading, including another subheading within
that group.
8306-8307........................................... A change to heading 8306 through 8307 from any other
heading, including another heading within that group.
8308.10-8308.90..................................... A change to subheading 8308.10 through 8308.90 from any
other subheading, including another subheading within
that group.
8309-8310........................................... A change to heading 8309 through 8310 from any other
heading, including another heading within that group.
8311.10-8311.90..................................... A change to subheading 8311.10 through 8311.90 from any
other subheading, including another subheading within
that group.
----------------------------------------------------------------------------------------------------------------
(o) Section XVI: Chapters 84 through 85
----------------------------------------------------------------------------------------------------------------
Note: Tariff changes within Chapters 84 and 85 which occur only as a result of the application of General Rule
of Interpretation 2(a) of the HTSUS shall not be sufficient to confer origin.
8401.10............................................. A change to subheading 8401.10 from any other subheading.
8401.20............................................. A change to subheading 8401.20 from any other subheading;
or
A change to completed machinery and apparatus classified
in subheading 8401.20 from parts classified in subheading
8401.20.
8401.30............................................. A change to subheading 8401.30 from any other subheading.
8401.40............................................. A change to subheading 8401.40 from any other heading.
8402.11-8402.12..................................... A change to subheading 8402.11 through 8402.12 from any
other subheading outside that group.
8402.19-8402.20..................................... A change to subheading 8402.19 through 8402.20 from any
other subheading, including another subheading within
that group.
8402.90............................................. A change to subheading 8402.90 from any other heading,
except from heading 7303, 7304, 7305, or 7306 unless the
change from these
FR Doc. 96-14027 Rules for Determining the Country of Origin of a Good for Purposes of Annex 311 of the North American Free Trade Agreement
headings involves bending to shape.
8403.10............................................. A change to subheading 8403.10 from any other subheading.
8403.90............................................. A change to subheading 8403.90 from any other heading.
8404.10-8404.20..................................... A change to subheading 8404.10 through 8404.20 from any
other subheading, including another subheading within
that group.
8404.90............................................. A change to subheading 8404.90 from any other heading.
8405.10............................................. A change to subheading 8405.10 from any other subheading.
8405.90............................................. A change to subheading 8405.90 from any other heading.
8406.10............................................. A change to subheading 8406.10 from any other subheading.
8406.81-8406.82..................................... A change to subheading 8406.81 through 8406.82 from any
other subheading outside that group.
8406.90............................................. A change to subheading 8406.90 from any other heading.
8407................................................ A change to heading 8407 from any other heading.
8408................................................ A change to heading 8408 from any other heading.
8409.10............................................. A change to subheading 8409.10 from any other heading.
8409.91-8409.99..................................... A change to subheading 8409.91 through 8409.99 from any
other heading, except a change resulting from a simple
assembly.
8410.11-8410.13..................................... A change to subheading 8410.11 through 8410.13 from any
other subheading outside that group.
8410.90............................................. A change to subheading 8410.90 from any other heading.
8411.11-8411.82..................................... A change to subheading 8411.11 through 8411.82 from any
other subheading outside that group.
8411.91-8411.99..................................... A change to subheading 8411.91 through 8411.99 from any
other heading.
8412.10-8412.80..................................... A change to subheading 8412.10 through 8412.80 from any
other subheading, including another subheading within
that group.
8412.90............................................. A change to subheading 8412.90 from any other heading.
8413.11-8413.82..................................... A change to subheading 8413.11 through 8413.82 from any
other subheading, including another subheading within
that group.
8413.91............................................. A change to subheading 8413.91 from any other heading.
8413.92............................................. A change to subheading 8413.92 from any other heading.
8414.10-8414.80..................................... A change to subheading 8414.10 through 8414.80 from any
other subheading, including another subheading within
that group.
8414.90............................................. A change to subheading 8414.90 from any other heading.
8415.10-8415.83..................................... A change to subheading 8415.10 through 8415.83 from any
subheading, including another subheading within that
group, except a change within that group resulting from a
simple assembly.
8415.90............................................. A change to subheading 8415.90 from any other subheading,
except from heading 7411, 7608, 8414, 8501, or 8535
through 8537 when resulting from a simple assembly.
8416.10-8416.30..................................... A change to subheading 8416.10 through 8416.30 from any
other subheading, including another subheading within
that group.
8416.90............................................. A change to subheading 8416.90 from any other heading.
8417.10-8417.80..................................... A change to subheading 8417.10 through 8417.80 from any
other subheading, including another subheading within
that group.
8417.90............................................. A change to subheading 8417.90 from any other heading.
8418.10-8418.91..................................... A change to subheading 8418.10 through 8418.91 from any
other subheading, including another subheading within
that group.
8418.99............................................. A change to subheading 8418.99 from any other heading,
except from heading 7303, 7304, 7305, or 7306 unless the
change from these headings involves bending to shape.
8419.11-8419.89..................................... A change to subheading 8419.11 through 8419.89 from any
other subheading, including another subheading within
that group.
[[Page 28972]]
8419.90............................................. A change to subheading 8419.90 from any other heading,
except from heading 7303, 7304, 7305, or 7306 unless the
change from these headings involves bending to shape, and
except from heading 8501 when resulting from a simple
assembly.
8420.10............................................. A change to subheading 8420.10 from any other subheading.
8420.91............................................. A change to subheading 8420.91 from any other heading.
8420.99............................................. A change to subheading 8420.99 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8421.11-8421.39..................................... A change to subheading 8421.11 through 8421.39 from any
other subheading, including another subheading within
that group.
8421.91............................................. A change to subheading 8421.91 from any other heading.
8421.99............................................. A change to subheading 8421.99 from any other heading.
8422.11-8422.40..................................... A change to subheading 8422.11 through 8422.40 from any
other subheading, including another subheading within
that group.
8422.90............................................. A change to subheading 8422.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8423.10-8423.89..................................... A change to subheading 8423.10 through 8423.89 from any
other subheading, including another subheading within
that group.
8423.90............................................. A change to subheading 8423.90 from any other heading.
8424.10-8424.89..................................... A change to subheading 8424.10 through 8424.89 from any
other subheading, including another subheading within
that group.
8424.90............................................. A change to subheading 8424.90 from any other heading,
except from subheading 8414.40 or 8414.80.
8425.11-8430.69..................................... A change to subheading 8425.11 through 8430.69 from any
other subheading, including another subheading within
that group.
8431................................................ A change to heading 8431 from any other heading, except
from heading 8501 when resulting from a simple assembly.
8432.10-8432.80..................................... A change to subheading 8432.10 through 8432.80 from any
other subheading, including another subheading within
that group.
8432.90............................................. A change to subheading 8432.90 from any other heading.
8433.11-8433.60..................................... A change to subheading 8433.11 through 8433.60 from any
other subheading, including another subheading within
that group.
8433.90............................................. A change to subheading 8433.90 from any other heading,
except from heading 8407 or 8408 when resulting from a
simple assembly.
8434.10-8434.20..................................... A change to subheading 8434.10 through 8434.20 from any
other subheading, including another subheading within
that group.
8434.90............................................. A change to subheading 8434.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8435.10............................................. A change to subheading 8435.10 from any other subheading.
8435.90............................................. A change to subheading 8435.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8436.10-8436.80..................................... A change to subheading 8436.10 through 8436.80 from any
other subheading, including another subheading within
that group.
8436.91............................................. A change to subheading 8436.91 from any other heading.
8436.99............................................. A change to subheading 8436.99 from any other heading,
except from heading 8407, 8408, or 8501 when resulting
from a simple assembly.
8437.10-8437.80..................................... A change to subheading 8437.10 through 8437.80 from any
other subheading, including another subheading within
that group.
8437.90............................................. A change to subheading 8437.90 from any other heading,
except from heading 8407, 8408, or 8501 when resulting
from a simple assembly.
8438.10-8438.80..................................... A change to subheading 8438.10 through 8438.80 from any
other subheading, including another subheading within
that group.
8438.90............................................. A change to subheading 8438.90 from any other heading,
except from heading 8407, 8408, or 8501 when resulting
from a simple assembly.
8439.10-8439.30..................................... A change to subheading 8439.10 through 8439.30 from any
other subheading, including another subheading within
that group.
8439.91............................................. A change to subheading 8439.91 from any other heading,
except from heading 8407, 8408, or 8501 when resulting
from a simple assembly.
8439.99............................................. A change to subheading 8439.99 from any other heading,
except from heading 8407, 8408, or 8501 when resulting
from a simple assembly.
8440.10............................................. A change to subheading 8440.10 from any other subheading.
8440.90............................................. A change to subheading 8440.90 from any other heading,
except from heading 8407, 8408, or 8501 when resulting
from a simple assembly.
8441.10-8441.80..................................... A change to subheading 8441.10 through 8441.80 from any
other subheading, including another subheading within
that group.
8441.90............................................. A change to subheading 8441.90 from any other heading,
except from heading 8407, 8408, or 8501 when resulting
from a simple assembly.
8442.10-8442.30..................................... A change to subheading 8442.10 through 8442.30 from any
other subheading outside that group.
8442.40............................................. A change to subheading 8442.40 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8442.50............................................. A change to subheading 8442.50 from any other heading.
8443.11-8443.60..................................... A change to subheading 8443.11 through 8443.60 from any
other subheading outside that group.
8443.90............................................. A change to subheading 8443.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8444................................................ A change to heading 8444 from any other heading.
8445.11-8447.90..................................... A change to subheading 8445.11 through 8447.90 from any
other subheading outside that group.
[[Page 28973]]
8448.11-8448.19..................................... A change to subheading 8448.11 through 8448.19 from any
other subheading, including another subheading within
that group.
8448.20-8448.59..................................... A change to subheading 8448.20 through 8448.59 from any
other heading, except from heading 8501 when resulting
from a simple assembly.
8449................................................ A change to heading 8449 from any other heading.
8450.11-8450.20..................................... A change to subheading 8450.11 through 8450.20 from any
other subheading, including another subheading within
that group.
8450.90............................................. A change to subheading 8450.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8451.10-8451.80..................................... A change to subheading 8451.10 through 8451.80 from any
other subheading, including another subheading within
that group.
8451.90............................................. A change to subheading 8451.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8452.10-8452.29..................................... A change to subheading 8452.10 through 8452.29 from any
other subheading outside that group.
8452.30-8452.40..................................... A change to subheading 8452.30 through 8452.40 from any
other subheading, including another subheading within
that group.
8452.90............................................. A change to subheading 8452.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8453.10-8453.80..................................... A change to subheading 8453.10 through 8453.80 from any
other subheading, including another subheading within
that group.
8453.90............................................. A change to subheading 8453.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8454.10-8454.30..................................... A change to subheading 8454.10 through 8454.30 from any
other subheading, including another subheading within
that group.
8454.90............................................. A change to subheading 8454.90 from any other heading.
8455.10-8455.22..................................... A change to subheading 8455.10 through 8455.22 from any
other subheading, including another subheading within
that group.
8455.30............................................. A change to subheading 8455.30 from any other heading.
8455.90............................................. A change to subheading 8455.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8456.10-8456.99..................................... A change to subheading 8456.10 through 8456.99 from any
other heading.
8457.10............................................. A change to subheading 8457.10 from any other heading,
except from heading 8458 through 8465 when resulting from
a simple assembly.
8457.20-8465.99..................................... A change to subheading 8457.20 through 8465.99 from any
other heading, including another heading within that
group.
8466.10-8466.94..................................... A change to subheading 8466.10 through 8466.94 from any
other heading outside that group, except from heading
8501 when resulting from a simple assembly.
8467.11-8467.89..................................... A change to subheading 8467.11 through 8467.89 from any
other subheading, including another subheading within
that group.
8467.91-8467.99..................................... A change to subheading 8467.91 through 8467.99 from any
other heading, except from heading 8407.
8468.10-8468.80..................................... A change to subheading 8468.10 through 8468.80 from any
other subheading, including another subheading within
that group.
8468.90............................................. A change to subheading 8468.90 from any other heading.
8469.11-8469.12..................................... A change to subheading 8469.11 through 8469.12 from any
other subheading outside that group.
8469.20-8469.30..................................... A change to subheading 8469.20 through 8469.30 from any
other subheading outside that group.
8470.10-8471.50..................................... A change to subheading 8470.10 through 8471.50 from any
other subheading outside that group, except from heading
8473; or
A change to subheading 8470.10 through 8471.50 from any
other subheading within that group or from heading 8473,
provided that the change is not the result of a simple
assembly.
8471.60-8472.90..................................... A change to subheading 8471.60 through 8472.90 from any
other subheading outside that group, except from
subheading 8504.40 or heading 8473; or
A change to subheading 8471.60 through 8472.90 from any
other subheading within that group or from subheading
8504.40 or from heading 8473, provided that the change is
not the result of a simple assembly.
8473................................................ A change to heading 8473 from any other heading, except
from heading 8414, 8501, 8504, 8534, 8541, or 8542 when
resulting from a simple assembly.
8474.10-8474.80..................................... A change to subheading 8474.10 through 8474.80 from any
other subheading outside that group, except from heading
8501; or
A change to subheading 8474.10 through 8474.80 from any
other subheading within that group or from heading 8501,
provided that the change is not the result of a simple
assembly.
8474.90............................................. A change to subheading 8474.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8475.10............................................. A change to subheading 8475.10 from any other subheading.
8475.21-8475.29..................................... A change to subheading 8475.21 through 8475.29 from any
other subheading outside that group.
8475.90............................................. A change to subheading 8475.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8476.21-8476.89..................................... A change to subheading 8476.21 through 8476.89 from any
other subheading outside that group.
8476.90............................................. A change to subheading 8476.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8477.10-8477.80..................................... A change to subheading 8477.10 through 8477.80 from any
other subheading, including another subheading within
that group.
8477.90............................................. A change to subheading 8477.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8478.10............................................. A change to subheading 8478.10 from any other subheading.
[[Page 28974]]
8478.90............................................. A change to subheading 8478.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8479.10-8479.89..................................... A change to subheading 8479.10 through 8479.89 from any
other subheading, including another subheading within
that group.
8479.90............................................. A change to subheading 8479.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8480................................................ A change to heading 8480 from any other heading.
8481.10-8481.80..................................... A change to subheading 8481.10 through 8481.80 from any
other heading, or from subheading 8481.90 except when
resulting from a simple assembly.
8481.90............................................. A change to subheading 8481.90 from any other heading.
8482.10-8482.80..................................... A change to subheading 8482.10 through 8482.80 from any
other heading; or
A change to subheading 8482.10 through 8482.80 from any
other subheading, including another subheading within
that group, except from inner or outer races or rings
classified in subheading 8482.99.05, 8482.99.15, or
8482.99.25.
8482.91-8482.99..................................... A change to subheading 8482.91 through 8482.99 from any
other heading.
8483.10............................................. A change to subheading 8483.10 from any other subheading.
8483.20............................................. A change to subheading 8483.20 from any other subheading,
except from subheading 8482.10 through 8482.80.
8483.30-8483.60..................................... A change to subheading 8483.30 through 8483.60 from any
other subheading, including another subheading within
that group.
8483.90............................................. A change to subheading 8483.90 from any other heading.
8484.10-8484.90..................................... A change to subheading 8484.10 through 8484.90 from any
other subheading, including another subheading within
that group.
8485................................................ A change to subheading 8485 from any other heading.
8501................................................ A change to heading 8501 from any other heading.
8502................................................ A change to heading 8502 from any other heading.
8503................................................ A change to heading 8503 from any other heading.
8504.10-8504.50..................................... A change to subheading 8504.10 through 8504.50 from any
other subheading outside that group.
8504.90............................................. A change to subheading 8504.90 from any other heading.
8505.11-8505.30..................................... A change to subheading 8505.11 through 8505.30 from any
other subheading, including another subheading within
that group.
8505.90............................................. A change to subheading 8505.90 from any other heading.
8506.10............................................. A change to subheading 8506.10 from any other subheading;
or
A change to a primary cell or battery of maganese dioxide
of an external volume not exceeding 300 cm3 of subheading
8506.10 from any other good of subheading 8506.10; or
A change to a primary cell or battery of maganese dioxide
of an external volume exceeding 300 cm3 of subheading
8506.10 from any other good of subheading 8506.10.
8506.30............................................. A change to subheading 8506.30 from any other subheading;
or
A change to a primary cell or battery of mercuric oxide of
an external volume not exceeding 300 cm3 of subheading
8506.30 from any other good of subheading 8506.30; or
A change to a primary cell or battery of mercuric oxide of
an external volume exceeding 300 cm3 of subheading
8506.30 from any other good of subheading 8506.30.
8506.40............................................. A change to subheading 8506.40 from any other subheading;
or
A change to a primary cell or battery of silver oxide of
an external volume not exceeding 300 cm3 of subheading
8506.40 from any other good of subheading 8506.40; or
A change to a primary cell or battery of silver oxide of
an external volume exceeding 300 cm3 of subheading
8506.40 from any other good of subheading 8506.40.
8506.50-8506.80..................................... A change to subheading 8506.50 through 8506.80 from any
other subheading outside that group; or
A change to a primary cell or battery of an external
volume not exceeding 300 cm3 of subheading 8506.50
through 8506.80 from any other good of subheading 8506.50
through 8506.80; or
A change to a primary cell or battery of an external
volume exceeding 300 cm3 of subheading 8506.50 through
8506.80 from any other good of subheading 8506.50 through
8506.80.
8506.90............................................. A change to subheading 8506.90 from any other heading.
8507.10-8507.80..................................... A change to subheading 8507.10 through 8507.80 from any
other subheading, including another subheading within
that group.
8507.90............................................. A change to subheading 8507.90 from any other heading.
8508.10-8508.80..................................... A change to subheading 8508.10 through 8508.80 from any
other subheading, including another subheading within
that group.
8508.90............................................. A change to subheading 8508.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8509.10-8509.80..................................... A change to subheading 8509.10 through 8509.80 from any
other subheading, including another subheading within
that group.
8509.90............................................. A change to subheading 8509.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8510.10-8510.30..................................... A change to subheading 8510.10 through 8510.30 from any
other subheading, including another subheading within
that group.
8510.90............................................. A change to subheading 8510.90 from any other heading,
except from heading 8501 when resulting from a simple
assembly.
8511.10-8511.80..................................... A change to subheading 8511.10 through 8511.80 from any
other subheading, including another subheading within
that group.
8511.90............................................. A change to subheading 8511.90 from any other heading.
8512.10-8512.30..................................... A change to subheading 8512.10 through 8512.30 from any
other subheading outside that group.
8512.40............................................. A change to subheading 8512.40 from any other subheading,
except from subheading 8512.90 or heading 8501 when
resulting from a simple assembly.
8512.90............................................. A change to subheading 8512.90 from any other heading.
[[Page 28975]]
8513.10............................................. A change to subheading 8513.10 from any other subheading.
8513.90............................................. A change to subheading 8513.90 from any other heading.
8514.10-8514.40..................................... A change to subheading 8514.10 through 8514.40 from any
other subheading, including another subheading within
that group.
8514.90............................................. A change to subheading 8514.90 from any other heading.
8515.11-8515.80..................................... A change to subheading 8515.11 through 8515.80 from any
other subheading outside that group.
8515.90............................................. A change to subheading 8515.90 from any other heading.
8516.10-8516.79..................................... A change to subheading 8516.10 through 8516.79 from any
other subheading, including another subheading within
that group.
8516.80............................................. A change to subheading 8516.80 from any other heading.
8516.90............................................. A change to subheading 8516.90 from any other heading.
8517.11-8517.80..................................... A change to subheading 8517.11 through 8517.80 from any
other subheading outside that group, except from
subheading 8517.90; or
A change to subheading 8517.11 through 8517.80 from
subheading 8517.90, provided that the change is not the
result of a simple assembly.
8517.90............................................. A change to subheading 8517.90 from any other heading.
8518.10-8518.50..................................... A change to subheading 8518.10 through 8518.50 from any
other heading.
8518.90............................................. A change to subheading 8518.90 from any other heading.
8519.10-8519.40..................................... A change to subheading 8519.10 through 8519.40 from any
other subheading, including another subheading within
that group.
8519.92-8519.93..................................... A change to subheading 8519.92 through 8519.93 from any
other subheading outside that group.
8519.99............................................. A change to subheading 8519.99 from any other subheading.
8520.10-8520.20..................................... A change to subheading 8520.10 through 8520.20 from any
other subheading, including another subheading within
that group.
8520.32-8520.33..................................... A change to subheading 8520.32 through 8520.33 from any
other subheading outside that group.
8520.39-8520.90..................................... A change to subheading 8520.39 through 8520.90 from any
other subheading, including another subheading within
that group.
8521.10-8521.90..................................... A change to subheading 8521.10 through 8521.90 from any
other subheading, including another subheading within
that group.
8522................................................ A change to heading 8522 from any other heading.
8523................................................ A change to heading 8523 from any other heading.
8524................................................ A change to heading 8524 from any other heading.
8525.10-8525.20..................................... A change to subheading 8525.10 through 8525.20 from any
other subheading outside that group.
8525.30-8525.40..................................... A change to subheading 8525.30 through 8525.40 from any
other subheading, including another subheading within
that group, except a change to video camera recorders of
subheading 8525.40 from television cameras of subheading
8525.30.
8526.10-8526.92..................................... A change to subheading 8526.10 through 8526.92 from any
other subheading, including another subheading within
that group.
8527.12-8527.13..................................... A change to subheading 8527.12 through 8527.13 from any
other subheading outside that group.
8527.19-8527.90..................................... A change to subheading 8527.19 through 8527.90 from any
other subheading, including another subheading within
that group.
8528.12-8528.30..................................... A change to subheading 8528.12 through 8528.30 from any
other subheading, including another subheading within
that group, except from subheading 8540.11 through
8540.12.
8529................................................ A change to heading 8529 from any other heading.
8530.10-8530.80..................................... A change to subheading 8530.10 through 8530.80 from any
other subheading, including another subheading within
that group.
8530.90............................................. A change to subheading 8530.90 from any other heading.
8531.10-8531.80..................................... A change to subheading 8531.10 through 8531.80 from any
other subheading, including another subheading within
that group, except from subheading 8531.90 when resulting
from a simple assembly.
8531.90............................................. A change to subheading 8531.90 from any other heading.
8532.10-8532.30..................................... A change to subheading 8532.10 through 8532.30 from any
other subheading, including another subheading within
that group.
8532.90............................................. A change to subheading 8532.90 from any other heading.
8533.10-8533.40..................................... A change to subheading 8533.10 through 8533.40 from any
other subheading, including another subheading within
that group.
8533.90............................................. A change to subheading 8533.90 from any other heading.
8534................................................ A change to heading 8534 from any other heading.
8535.10-8535.90..................................... A change to subheading 8535.10 through 8535.90 from any
other subheading, including another subheading within
that group.
8536.10-8536.90..................................... A change to subheading 8536.10 through 8536.90 from any
other subheading, including another subheading within
that group.
8537................................................ A change to heading 8537 from any other heading.
8538................................................ A change to heading 8538 from any other heading.
8539.10-8539.31..................................... A change to subheading 8539.10 through 8539.31 from any
other subheading, including another subheading within
that group.
8539.32-8539.39..................................... A change to subheading 8539.32 through 8539.39 from any
other subheading outside that group.
8539.41-8539.49..................................... A change to subheading 8539.41 through 8539.49 from any
other subheading outside that group.
8539.90............................................. A change to subheading 8539.90 from any other heading.
8540.11-8540.20..................................... A change to subheading 8540.11 through 8540.20 from any
other subheading, including another subheading within
that group.
8540.40-8540.60..................................... A change to subheading 8540.40 through 8540.60 from any
other subheading outside that group.
8540.71-8540.99..................................... A change to subheading 8540.71 through 8540.99 from any
other subheading, including another subheading within
that group.
[[Page 28976]]
8540.91-8540.99..................................... A change to subheading 8540.91 through 8540.99 from any
other subheading, including another subheading within
that group, except when resulting from a simple assembly.
8541-8542........................................... A change to heading 8541 through 8542 from any other
subheading, including another subheading within that
group; or
A change to a mounted chip, die or wafer classified in
heading 8541 or 8542 from an unmounted chip, die or wafer
classified in heading 8541 or 8542; or
A change to a programmed ``read only memory'' (ROM) chip
from an unprogrammed ``programmable read only memory''
(PROM) chip.
8543.11-8543.19..................................... A change to subheading 8543.11 through 8543.19 from any
other subheading outside that group.
8543.20-8543.30..................................... A change to subheading 8543.20 through 8543.30 from any
other subheading, including another subheading within
that group.
8543.40-8543.89..................................... A change to subheading 8543.40 through 8543.89 from any
other subheading outside that group.
8543.90............................................. A change to subheading 8543.90 from any other heading.
8544.11-8544.70..................................... A change to subheading 8544.11 through 8544.70 from any
other subheading, including another subheading within
that group, except when resulting from a simple assembly.
8545.11-8547.90..................................... A change to subheading 8545.11 through 8547.90 from any
other subheading, including another subheading within
that group.
8548................................................ A change to heading 8548 from any other heading.
----------------------------------------------------------------------------------------------------------------
(p) Section XVII: Chapters 86 through 89
----------------------------------------------------------------------------------------------------------------
8601................................................ A change to heading 8601 from any other heading.
8602................................................ A change to heading 8602 from any other heading.
8603-8606........................................... A change to heading 8603 through 8606 from any other
heading, including another heading within that group,
except from heading 8607 when that change is pursuant to
General Rule of Interpretation 2(a).
8607.11............................................. A change to subheading 8607.11 from any other subheading,
except from subheading 8607.12, and except from
subheading 8607.19 when that change is pursuant to
General Rule of Interpretation 2(a).
8607.12............................................. A change to subheading 8607.12 from any other subheading,
except from subheading 8607.11, and except from
subheading 8607.19 when that change is pursuant to
General Rule of Interpretation 2(a).
8607.19............................................. A change to subheading 8607.19 from any other subheading.
8607.21-8607.99..................................... A change to subheading 8607.21 through 8607.99 from any
other heading, except to mounted brake linings and pads
of subheading 8607.21 through 8607.99 from subheading
6813.10.
8608................................................ A change to heading 8608 from any other heading.
8609................................................ A change to heading 8609 from any other heading, except
from heading 7309 through 7311.
8701-8705........................................... A change to heading 8701 through 8705 from any other
heading, including another heading within that group,
except from heading 8706.
8706................................................ A change to heading 8706 from any other heading.
8707................................................ A change to heading 8707 from any other heading, except
from subheading 8708.29 when that change is pursuant to
General Rule of Interpretation 2(a).
Note: Any change to heading 8708 from subheading 8709.90, 8716.90, 8431.20, or 8431.49 shall not be considered
to satisfy a required change in tariff classification.
8708.10............................................. A change to subheading 8708.10 from any other subheading.
8708.29............................................. A change to subheading 8708.29 from any other subheading.
8708.31............................................. A change to subheading 8708.31 from any other heading,
except to mounted brake linings and pads of subheading
8708.31 from subheading 6813.10.
8708.39............................................. A change to subheading 8708.39 from any other heading.
8708.40............................................. A change to subheading 8708.40 from any other subheading,
except from subheading 8708.99 when that change is
pursuant to General Rule of Interpretation 2(a).
8708.50............................................. A change to subheading 8708.50 from any other subheading,
except from subheading 8708.99 when that change is
pursuant to General Rule of Interpretation 2(a).
8708.60............................................. A change to subheading 8708.60 from any other subheading.
8708.70............................................. A change to subheading 8708.70 from any other subheading.
8708.80............................................. A change to subheading 8708.80 from any other subheading,
except from subheading 8708.99 when that change is
pursuant to General Rule of Interpretation 2(a).
8708.91............................................. A change to subheading 8708.91 from any other subheading,
except from subheading 8708.99 when that change is
pursuant to General Rule of Interpretation 2(a).
8708.92............................................. A change to subheading 8708.92 from any other subheading.
8708.93............................................. A change to subheading 8708.93 from any other subheading.
8708.94............................................. A change to subheading 8708.94 from any other subheading,
except from subheading 8708.99 when that change is
pursuant to General Rule of Interpretation 2(a).
8708.99............................................. A change to subheading 8708.99 from any other subheading.
8709.11-8709.19..................................... A change to subheading 8709.11 through 8709.19 from any
other subheading outside that group, except from
subheading 8709.90 when that change is pursuant to
General Rule of Interpretation 2(a).
8709.90............................................. A change to subheading 8709.90 from any other heading,
except from subheading 8431.20 or heading 8708.
8710................................................ A change to heading 8710 from any other heading.
8711-8713........................................... A change to heading 8711 through 8713 from any other
heading, including another heading within that group,
except from heading 8714 when that change is pursuant to
General Rule of Interpretation 2(a).
8714................................................ A change to heading 8714 from any other heading, except
from subheading 6813.10 to mounted brake linings or pads
classified in heading 8714.
8715................................................ A change to heading 8715 from any other heading.
8716.10-8716.80..................................... A change to subheading 8716.10 through 8716.80 from any
other heading, except from subheading 8716.90 when that
change is pursuant to General Rule of Interpretation
2(a).
8716.90............................................. A change to subheading 8716.90 from any other heading,
except from subheading 8709.90 or 8431.49.
[[Page 28977]]
8801-8802........................................... A change to heading 8801 through 8802 from any other
heading outside that group, except from heading 8803 when
that change is pursuant to General Rule of Interpretation
2(a).
8803.10-8803.90..................................... A change to subheading 8803.10 through 8803.90 from any
other subheading, including another subheading within
that group.
8805................................................ A change to heading 8805 from any other heading.
8901-8903........................................... A change to heading 8901 through 8903 from any other
heading outside that group.
8904................................................ A change to heading 8904 from any other heading.
8905................................................ A change to heading 8905 from any other chapter.
8906-8907........................................... A change to heading 8906 through 8907 from any other
heading, including another heading within that group,
except from heading 8903 or 8905.
8908................................................ A change to heading 8908 from any other chapter.
----------------------------------------------------------------------------------------------------------------
(q) Section XVIII: Chapters 90 through 92
----------------------------------------------------------------------------------------------------------------
9001.10............................................. A change to subheading 9001.10 from any other subheading,
except from subheading 8544.70.
9001.20-9001.30..................................... A change to subheading 9001.20 through 9001.30 from any
other subheading, including another subheading within
that group.
9001.40-9001.90..................................... A change to subheading 9001.40 through 9001.90 from any
other subheading, including another subheading within
that group, except from lens blanks of heading 7014 or
subheading 7015.10.
9002.11-9002.90..................................... A change to subheading 9002.11 through 9002.90 from any
other subheading, including another subheading within
that group, except from subheading 9001.90 or from lens
blanks of heading 7014.
9003.11-9003.19..................................... A change to subheading 9003.11 through 9003.19 from any
other heading; or
A change to subheading 9003.11 through 9003.19 from any
other subheading, including another subheading within
that group, except from subheading 9003.90 if the temples
or fronts are not domestic materials.
9003.90............................................. A change to subheading 9003.90 from any other heading.
9004................................................ A change to heading 9004 from any other heading, except
from subheading 9001.40 or 9001.50.
9005.10-9005.80..................................... A change to subheading 9005.10 through 9005.80 from any
FR Doc. 96-14027 Rules for Determining the Country of Origin of a Good for Purposes of Annex 311 of the North American Free Trade Agreement
other subheading, including another subheading within
that group.
9005.90............................................. A change to subheading 9005.90 from any other heading,
except from heading 9001 or 9002.
9006.10-9006.69..................................... A change to subheading 9006.10 through 9006.69 from any
other subheading, including another subheading within
that group.
9006.91-9006.99..................................... A change to subheading 9006.91 through 9006.99 from any
other heading.
9007.11-9007.19..................................... A change to subheading 9007.11 through 9007.19 from any
other subheading, including another subheading within
that group.
9007.20............................................. A change to subheading 9007.20 from any other subheading;
or
A change to a projector for film of less than 16mm width
of subheading 9007.20 from any other projector of
subheading 9007.20; or
A change from a projector for film of less than 16mm width
of subheading 9007.20 to any other projector of
subheading 9007.20.
9007.91-9007.92..................................... A change to subheading 9007.91 through 9007.92 from any
other heading, except from lenses of heading 9002 when
resulting from a simple assembly.
9008.10-9008.40..................................... A change to subheading 9008.10 through 9008.40 from any
other subheading, including another subheading within
that group.
9008.90............................................. A change to subheading 9008.90 from any other heading,
except from lenses of heading 9002 when resulting from a
simple assembly.
9009.11-9009.30..................................... A change to subheading 9009.11 through 9009.30 from any
other subheading, including another subheading within
that group.
9009.90............................................. A change to subheading 9009.90 from any other heading.
9010.10............................................. A change to subheading 9010.10 from any other subheading.
9010.41-9010.50..................................... A change to subheading 9010.41 through 9010.50 from any
other subheading outside that group.
9010.60............................................. A change to subheading 9010.60 from any other subheading.
9010.90............................................. A change to subheading 9010.90 from any other heading.
9011.10-9011.80..................................... A change to subheading 9011.10 through 9011.80 from any
other subheading, including another subheading within
that group.
9011.90............................................. A change to subheading 9011.90 from any other heading.
9012.10............................................. A change to subheading 9012.10 from any other subheading,
including another subheading within that group.
9012.90............................................. A change to subheading 9012.90 from any other heading.
9013.10............................................. A change to subheading 9013.10 from any other subheading,
except from optical telescopes of subheading 9005.80.
9013.20-9013.80..................................... A change to subheading 9013.20 through 9013.80 from any
other subheading, including another subheading within
that group.
9013.90............................................. A change to subheading 9013.90 from any other subheading,
except from subheading 9002.19 when resulting from a
simple assembly.
9014.10-9014.80..................................... A change to subheading 9014.10 through 9014.80 from any
other subheading, including another subheading within
that group.
9014.90............................................. A change to subheading 9014.90 from any other heading.
9015.10-9015.80..................................... A change to subheading 9015.10 through 9015.80 from any
other subheading, including another subheading within
that group.
9015.90............................................. A change to subheading 9015.90 from any other heading.
9016................................................ A change to heading 9016 from any other heading.
9017.10-9017.80..................................... A change to subheading 9017.10 through 9017.80 from any
other subheading, including another subheading within
that group.
[[Page 28978]]
9017.90............................................. A change to subheading 9017.90 from any other heading.
9018.11............................................. A change to subheading 9018.11 from any other subheading,
except to electro-cardiographs from printed circuit
assemblies when resulting from a simple assembly.
9018.12-9018.14..................................... A change to subheading 9018.12 through 9018.14 from any
other subheading outside that group, except from
subheading 9018.19.
9018.19............................................. A change to subheading 9018.19 from any other subheading,
except to patient monitoring systems from printed circuit
assemblies when resulting from a simple assembly.
9018.20-9018.32..................................... A change to subheading 9018.20 through 9018.32 from any
other subheading, including another subheading within
that group.
9018.39............................................. A change to subheading 9018.39 from any other subheading,
except from surgical tubing of subheading 4009.10 when
resulting from a simple assembly.
9018.41-9018.50..................................... A change to subheading 9018.41 through 9018.50 from any
other subheading, including another subheading within
that group.
9018.90............................................. A change to subheading 9018.90 from any other subheading,
except from subheading 9001.90 or synthetic rubber
classified in heading 4002 when resulting from a simple
assembly; or
A change to defibrillators from printed circuit
assemblies, except when resulting from a simple assembly.
9019.10-9019.20..................................... A change to subheading 9019.10 through 9019.20 from any
other subheading, including another subheading within
that group.
9020................................................ A change to heading 9020 from any other heading.
9021.11............................................. A change to subheading 9021.11 from any other subheading,
including another subheading within that group.
9021.19............................................. A change to subheading 9021.19 from any other subheading,
except from nails classified in heading 7317 or screws
classified in heading 7318 when resulting from a simple
assembly.
9021.21-9021.90..................................... A change to subheading 9021.21 through 9021.90 from any
other subheading, including another subheading within
that group.
9022.12-9022.14..................................... A change to subheading 9022.12 through 9022.14 from any
other subheading outside that group.
9022.19-9022.90..................................... A change to subheading 9022.19 through 9022.90 from any
other subheading, including another subheading within
that group.
9023................................................ A change to heading 9023 from any other heading.
9024.10-9024.80..................................... A change to subheading 9024.10 through 9024.80 from any
other subheading, including another subheading within
that group.
9024.90............................................. A change to subheading 9024.90 from any other heading.
9025.11-9025.80..................................... A change to subheading 9025.11 through 9025.80 from any
other subheading, including another subheading within
that group.
9025.90............................................. A change to subheading 9025.90 from any other heading.
9026.10-9026.80..................................... A change to subheading 9026.10 through 9026.80 from any
other subheading, including another subheading within
that group.
9026.90............................................. A change to subheading 9026.90 from any other heading.
9027.10-9027.90..................................... A change to subheading 9027.10 through 9027.90 from any
other subheading, including another subheading within
that group.
9028.10-9028.30..................................... A change to subheading 9028.10 through 9028.30 from any
other subheading, including another subheading within
that group.
9028.90............................................. A change to subheading 9028.90 from any other heading.
9029.10-9029.20..................................... A change to subheading 9029.10 through 9029.20 from any
other subheading, including another subheading within
that group.
9029.90............................................. A change to subheading 9029.90 from any other heading.
9030.10-9030.40..................................... A change to subheading 9030.10 through 9030.40 from any
other subheading, including another subheading within
that group.
9030.82-9030.83..................................... A change to subheading 9030.82 through 9030.83 from any
other subheading outside that group.
9030.89-9030.90..................................... A change to subheading 9030.89 through 9030.90 from any
other subheading outside that group.
9031.10-9031.30..................................... A change to subheading 9031.10 through 9031.30 from any
other subheading, including another subheading within
that group.
9031.41-9031.49..................................... A change to subheading 9031.41 through 9031.49 from any
other subheading outside that group.
9031.80............................................. A change to subheading 9031.80 from any other subheading.
9031.90............................................. A change to subheading 9031.90 from any other heading.
9032.10-9032.89..................................... A change to subheading 9032.10 through 9032.89 from any
other subheading, including another subheading within
that group.
9032.90............................................. A change to subheading 9032.90 from any other subheading,
except from heading 8537 when resulting from a simple
assembly.
9033................................................ A change to heading 9033 from any other heading.
Chapter 91 Note: The country of origin of goods classified in subheading 9113.90.40 shall be determined under
the provisions of Sec. 102.21.
9101-9107........................................... A change to heading 9101 through 9107 from any other
heading outside that group, except from heading 9108
through 9110; or
A change to heading 9101 through 9107 from complete
movements, unassembled, classified in subheading 9110.11
or 9110.90, or from rough movements classified in
subheading 9110.19 or 9110.90.
9108-9109........................................... A change to heading 9108 through 9109 from any other
heading outside that group, except from heading 9110; or
A change to heading 9108 through 9109 from complete
movements, unassembled, classified in subheading 9110.11
or 9110.90, or from rough movements classified in
subheading 9110.19 or 9110.90.
9110................................................ A change to heading 9110 from any other heading, except
from subheading 9114.90.
9111.10-9111.80..................................... A change to subheading 9111.10 through 9111.80 from any
other subheading outside that group, except from
subheading 9111.90 when that change is pursuant to
General Rule of Interpretation 2(a).
9111.90............................................. A change to subheading 9111.90 from any other heading.
9112.10-9112.80..................................... A change to subheading 9112.10 through 9112.80 from any
other subheading outside that group, except from
subheading 9112.90 when that change is pursuant to
General Rule of Interpretation 2(a).
9112.90............................................. A change to subheading 9112.90 from any other heading.
[[Page 28979]]
9113................................................ A change to heading 9113 from any other heading.
9114................................................ A change to heading 9114 from any other heading.
9201-9208........................................... A change to heading 9201 through 9208 from any other
heading, including another heading within that group,
except from heading 9209 when that change is pursuant to
General Rule of Interpretation 2(a).
9209................................................ A change to heading 9209 from any other heading.
----------------------------------------------------------------------------------------------------------------
(r) Section XIX: Chapter 93
----------------------------------------------------------------------------------------------------------------
9301-9304........................................... A change to heading 9301 through 9304 from any other
heading, including another heading within that group,
except from heading 9305 when that change is pursuant to
General Rule of Interpretation 2(a).
9305................................................ A change to heading 9305 from any other heading.
9306................................................ A change to heading 9306 from any other heading.
9307................................................ A change to heading 9307 from any other heading.
----------------------------------------------------------------------------------------------------------------
(s) Section XX: Chapters 94 through 96
----------------------------------------------------------------------------------------------------------------
Chapter 94 Note: For a good classifiable in subheadings 9404.30 through 9404.90 which does not meet the
appropriate tariff shift rule specified for those subheadings, the country of origin is the country where all
cutting and sewing operations required to form the outer shell were performed. If all cutting and sewing
operations required to form the outer shell were not performed in a single country, the country of origin will
be the single country where the component of the outer shell which determines the classification of that good
was produced. If a single country did not produce a component of the outer shell which determines the
classification of that good, then the country of origin will be the country in which the good last underwent a
substantial assembly process. Notwithstanding the foregoing provisions of this Note, the country of origin of
goods classified in subheadings 9404.90.10 and 9404.90.80 through 9404.90.95 shall be determined under the
provisions of Sec. 102.21.
9401.10-9401.80..................................... A change to subheading 9401.10 through 9401.80 from any
other subheading outside that group, except from
subheading 9403.10 through 9403.80, and except from
subheading 9401.90 or 9403.90 when that change is
pursuant to General Rule of Interpretation 2(a).
9401.90............................................. A change to subheading 9401.90 from any other heading,
except from subheading 9403.90.
9402................................................ A change to heading 9402 from any other heading, except
from subheading 9401.10 through 9401.80 or subheading
9403.10 through 9403.80, and except from subheading
9401.90 or 9403.90 when that change is pursuant to
General Rule of Interpretation 2(a).
9403.10-9403.80..................................... A change to subheading 9403.10 through 9403.80 from any
other subheading outside that group, except from
subheading 9401.10 through 9401.80, and except from
subheading 9401.90 or 9403.90 when that change is
pursuant to General Rule of Interpretation 2(a).
9403.90............................................. A change to subheading 9403.90 from any other heading,
except from subheading 9401.90.
9404.10-9404.29..................................... A change to subheading 9404.10 through 9404.29 from any
other heading.
9404.30-9404.90..................................... A change to down- and/or feather-filled goods classified
in subheading 9404.30 through 9404.90 from any other
heading; or
For all other goods classified in subheading 9404.30
through 9404.90, a change from any other heading, except
from heading 5007, 5111 through 5113, 5208 through 5212,
5309 through 5311, 5407 through 5408, 5512 through 5516,
5602 through 5603, 5801 through 5804, 5806, 5809 through
5810, 5901, 5903 through 5904, 5906 through 5907, or 6001
through 6002, or subheading 6307.90.
9405.10-9405.60..................................... A change to subheading 9405.10 through 9405.60 from any
other subheading outside that group, except from
subheading 9405.91 through 9405.99 when that change is
pursuant to General Rule of Interpretation 2(a).
9405.91-9405.99..................................... A change to subheading 9405.91 through 9405.99 from any
other heading.
9406................................................ A change to heading 9406 from any other heading.
9501................................................ A change to heading 9501 from any other chapter, except
from heading 8714 when that change is pursuant to General
Rule of Interpretation 2(a).
9502.10............................................. A change to subheading 9502.10 from any other subheading,
except from skins for stuffed dolls classified in
subheading 9502.99.
9502.99............................................. A change to subheading 9502.99 from any other heading,
except from subheading 9503.41 through 9503.49.
9503.10-9503.30..................................... A change to subheading 9503.10 through 9503.30 from any
other subheading, including another subheading within
that group.
9503.41-9503.49..................................... A change to toys classified in subheading 9503.41 through
9503.49 from any other heading; or
A change to toys classified in subheading 9503.41 through
9503.49 from parts and accessories classified in
subheading 9503.41 through 9503.49; or
A change to parts and accessories classified in subheading
9503.41 through 9503.49 from any other heading, except
from heading 9502, 6111, or 6209.
9503.50-9503.60..................................... A change to subheading 9503.50 through 9503.60 from any
other subheading, including another subheading within
that group.
9503.70-9503.90..................................... A change to subheading 9503.70 through 9503.90 from any
other chapter.
9504.10-9506.29..................................... A change to subheading 9504.10 through 9506.29 from any
other subheading, including another subheading within
that group.
9506.31............................................. A change to subheading 9506.31 from any other subheading,
except from subheading 9506.39.
9506.32-9506.99..................................... A change to subheading 9506.32 through 9506.99 from any
other subheading, including another subheading within
that group.
9507.10-9507.30..................................... A change to subheading 9507.10 through 9507.30 from any
other chapter.
9507.90............................................. A change to subheading 9507.90 from any other subheading,
except from heading 5004 through 5006, subheading 5402.10
through 5402.49, subheading 5406.10 through 5406.20, or
heading 5603 or 5404.
9508................................................ A change to heading 9508 from any other heading.
Chapter 96 Note: The country of origin of goods classified in subheading 9612.10.9010 shall be determined
under the provisions of Sec. 102.21.
9601................................................ A change to heading 9601 from any other heading.
9602................................................ A change to heading 9602 from any other heading.
[[Page 28980]]
9603................................................ A change to heading 9603 from any other heading.
9604-9605........................................... A change to heading 9604 through 9605 from any other
heading, including another heading within that group.
9606.10............................................. A change to subheading 9606.10 from any other heading.
9606.21-9606.29..................................... A change to subheading 9606.21 through 9606.29 from any
other heading.
9606.30............................................. A change to subheading 9606.30 from any other heading.
9607.11-9607.19..................................... A change to subheading 9607.11 through 9607.19 from any
other subheading, except from subheading 9607.20 when
that change is pursuant to General Rule of Interpretation
2(a).
9607.20............................................. A change to subheading 9607.20 from any other subheading.
9608.10-9608.40..................................... A change to subheading 9608.10 through 9608.40 from any
other subheading, including another subheading within
that group, except from subheading 9608.60.
9608.50............................................. A change to subheading 9608.50 from any other heading.
9608.60-9608.99..................................... A change to subheading 9608.60 through 9608.99 from any
other subheading, including another subheading within
that group.
9609.10............................................. A change to subheading 9609.10 from any other subheading.
9609.20............................................. A change to subheading 9609.20 from any other chapter.
9609.90............................................. A change to subheading 9609.90 from any other chapter.
9610-9612........................................... A change to heading 9610 through 9612 from any other
heading, including another heading within that group.
9613.10-9613.20..................................... A change to subheading 9613.10 through 9613.20 from any
other subheading outside that group.
9613.30-9613.80..................................... A change to subheading 9613.30 through 9613.80 from any
other subheading, including another subheading within
that group.
9613.90............................................. A change to subheading 9613.90 from any other heading.
9614.20............................................. A change to subheading 9614.20 from any other subheading,
except to roughly shaped blocks of wood or root of
subheading 9614.20 from heading 4407.
9614.90............................................. A change to subheading 9614.90 from any other heading.
9615.11-9615.90..................................... A change to subheading 9615.11 through 9615.90 from any
other subheading, including another subheading within
that group.
9616-9618........................................... A change to heading 9616 through 9618 from any other
heading, including another heading within that group.
----------------------------------------------------------------------------------------------------------------
(t) Section XXI: Chapter 97
----------------------------------------------------------------------------------------------------------------
9701.10-9701.90..................................... A change to subheading 9701.10 through 9701.90 from any
other subheading, including another subheading within
that group.
9702-9706........................................... A change to heading 9702 through 9706 from any other
heading, including another heading within that group.
----------------------------------------------------------------------------------------------------------------
PART 134--COUNTRY OF ORIGIN MARKING
1. The authority citation for part 134 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States), 1304, 1624.
Sec. 134.32 [Amended]
2. In Sec. 134.32, paragraph (r) is removed.
3. In Sec. 134.43, paragraph (e) is revised to read as follows:
Sec. 134.43 Methods of marking specific articles.
* * * * *
(e) Assembled articles. Where an article is produced as a result of
an assembly operation and the country of origin of such article is
determined under this chapter to be the country in which the article
was finally assembled, such article may be marked, as appropriate, in a
manner such as the following:
(1) Assembled in (country of final assembly);
(2) Assembled in (country of final assembly) from components of
(name of country or countries of origin of all components); or
(3) Made in, or product of, (country of final assembly).
Michael H. Lane,
Acting Commissioner of Customs.
Approved: May 29, 1996.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-14027 Filed 6-5-96; 8:45 am]
BILLING CODE 4820-02-P
Complete official Federal Register PDF
FR Doc. 96-14001 Minimum Standards of Fitness for Employment With the Federal Deposit Insurance Corporation
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28725-28730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14001]
=======================================================================
-----------------------------------------------------------------------
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 336
RIN 3064-AB43
Minimum Standards of Fitness for Employment With the Federal
Deposit Insurance Corporation
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Deposit Insurance Corporation (FDIC) is publishing
a final regulation to implement the requirements contained in section
19 of the Resolution Trust Corporation Completion Act, which amended
the Federal Deposit Insurance Act to prohibit certain persons from
[[Page 28726]]
becoming employed or providing services to the FDIC.
EFFECTIVE DATE: July 8, 1996.
FOR FURTHER INFORMATION CONTACT:
Joy Crosser, Personnel Management Specialist, Division of
Administration, (202) 942-3314; Michelle Borzillo, Counsel, Legal
Division, (202) 898-7400; or Gladys C. Gallagher, Counsel, Legal
Division, (202) 898-3833.
SUPPLEMENTARY INFORMATION: This regulation was published as a proposed
rule on February 15, 1996, 61 FR 5956. Copies were provided to
interested parties, including the National Treasury Employees Union. No
comments were received in the 30-day comment period, which ended March
15, 1996; therefore, the final rule is being published as originally
proposed, with one minor technical correction at 336.3(f), the
definition of ``Federal Deposit Insurance Funds'', to add '', or their
successors,'' after ``(RTC)''.
Paperwork Reduction Act
The collection of information contained in this rule has been
approved by the Office of Management and Budget (OMB) under control
number 3064-0121 (``Certification of Compliance With Mandatory Bars to
Employment''), pursuant to the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Comments regarding the accuracy of the burden
estimate, and suggestions for reducing the burden, should be addressed
to the Office of Management and Budget, Paperwork Reduction Project
(3064-0121), Washington, D.C. 20503, with copies of such documents sent
to Steven F. Hanft, Assistant Executive Secretary (Regulatory
Analysis), FDIC, Room F-400, 550 17th Street, NW., Washington, DC
20429.
The collection of information in this rule is found in
Sec. 336.4(b) and takes the form of a certification of compliance.
However, in addition to the certification, the person applying for
employment must provide an attachment to the certification describing
any instance in the preceding five years in which the applicant, or a
company under the applicant's control, has defaulted on a material
obligation to an insured depository institution. The information is
used by the FDIC to identify those persons prohibited from becoming
employed by or providing services to the FDIC.
The estimated annual reporting burden for the collection of
information requirement in this rule is summarized as follows:
Number of Respondents: 200.
Number of Responses per Respondent: 1.
Total Annual Responses: 200.
Hours per Response: 20 minutes.
Total Annual Burden Hours: 66.6.
This regulation was developed consistent with the intent of section
303(a) of the Riegle Community Development and Regulatory Improvement
Act of 1994, 12 U.S.C. 4803(a), to reduce regulatory burden and improve
efficiency.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(Public Law 104-121) provides (with a few limited exceptions) for
Congressional review of agency rules. An exception is provided,
however, for rules relating to agency management or personnel (5 U.S.C.
804(3)). Since this regulation will only affect individuals who are
employed or will seek employment with the FDIC, the Board has
determined that it is a rule relating to agency management or personnel
and thus is not subject to Congressional review.
Regulatory Flexibility Act
The Board hereby certifies that the rule does not have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). This regulation affects only those individuals who are employed
or will become employed by the FDIC. Therefore, the provisions of that
Act relating to an initial and final regulatory analysis (5 U.S.C. 603
and 604) do not apply here.
Background
The Resolution Trust Corporation Completion Act (hereafter referred
to as the Completion Act), Pub. L. 103-204, enacted on December 17,
1993, amended section 12 of the Federal Deposit Insurance Act, 12
U.S.C. 1822, to prohibit any person from becoming employed or providing
service to or on behalf of the FDIC who does not meet minimum standards
of competence, experience, integrity, and fitness.
The Completion Act provides that FDIC employees are subject to
title 18 of the U.S. Code, and are subject to the ethics and conflict
of interest rules and regulations issued by the Office of Government
Ethics, including those concerning employee conduct, financial
disclosure, and post-employment activities. The statute also provides
that the Corporation shall issue regulations implementing provisions
that prohibit any person from becoming employed who: has been convicted
of any felony; has been removed from, or prohibited from participating
in the affairs of any insured depository institution pursuant to any
final enforcement action by any appropriate federal banking agency;
demonstrated a pattern or practice of defalcation regarding obligations
to insured depository institutions; or caused a substantial loss to
federal deposit insurance funds. The statute requires the collection
from applicants for employment information describing any instance
during the preceding 5 years in which the applicant or a company under
the applicant's control defaulted on a material obligation to an
insured depository institution, along with other information the
Corporation may require by regulation. The Completion Act gives the
Corporation sole discretion over any issues that arise as a result of
these prohibitions, and any decisions made by the Corporation shall not
be subject to review.
A. Scope of the Regulation
FDIC operates in a number of separate and distinct capacities and
situations. This part applies to all FDIC employees performing duties
for or on behalf of the FDIC in any capacity.
This regulation implements the mandatory bars contained in section
19 of the Completion Act which amends 12 U.S.C. 1822(f)(4)(E). This
part does not in any way modify other applicable rules and regulations
governing employee conduct, ethics, or qualification standards.
Further, there is no need to augment in FDIC regulations the existing
education and experience requirements defined in the U.S. Office of
Personnel Management's (U.S. OPM) Operating Manual for General Schedule
Qualification Standards.
B. Definitions
Section 336.3 contains definitions of terms used throughout this
regulation.
Company: The definition of company expands on that used in section
2(b) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(b)) to
include firms, societies and joint ventures. These entities are
included to amplify the original definition and for consistency with
the application of the Completion Act to contractors providing services
to the FDIC.
Default on a Material Obligation: The FDIC defines this term to
mean a delinquency of 90 or more days as to payment of principal or
interest, or a combination thereof, on a loan or advance from an
insured depository institution in any amount. As prescribed by the
statute, this regulation requires that all applicants for employment
submit a list and description of defaults on material obligations
incurred by
[[Page 28727]]
themselves or a company under their control during the 5 years
preceding the submission. All defaults are to be listed regardless of
whether or not they have been cured. The Corporation has set no minimum
dollar value to this definition; information regarding the candidate's
conduct in meeting obligations to insured depository institutions is
significant in assessing the fitness and integrity of an individual for
employment with the FDIC. Therefore, all defaults which meet this
definition, regardless of outstanding balances, shall be reported, but
are not automatic bars to employment in themselves.
Pattern or Practice of Defalcation Regarding Obligations: This
definition addresses two situations. The first concerns individuals who
have a history of financial irresponsibility with regard to an open
insured depository institution to such an extent that the FDIC's
employment of such an individual reflects adversely on the FDIC's
integrity and credibility. The second situation concerns individuals
who have wrongfully refused to fulfill obligations to an insured
depository institution.
In the first situation involving financial irresponsibility, a
pattern or practice of defalcation regarding obligations exists when an
employee has defaulted on obligations totalling in excess of $50,000 in
the aggregate. Defaults caused by catastrophic events such as death,
disability or illness, or loss of financial support are not considered
a violation of this standard. Examples are provided in the regulation's
definition to clarify the meaning of ``financial irresponsibility'',
including the example of failing to pay debts which were secured by
uninsured property that was destroyed. Another example of such
financial irresponsibility would be an abuse of credit cards or
incurring excessive debt well beyond the individual's ability to repay.
The second part of this definition addresses individuals who
wrongfully refuse to fulfill duties and obligations to insured
depository institutions. Again, examples are provided, which illustrate
the full scope of ``wrongful refusal to fulfill duties and
obligations''. The examples include misconduct on the part of a
borrower, such as use of false financial statements, misrepresentation
of ability to repay a debt, or concealing assets. Additional examples
focus on findings of misconduct on the part of officers, employees,
contractors or others providing service to an insured depository
institution, or who have committed fraud, embezzlement or similar
misconduct.
Substantial Loss to Federal Deposit Insurance Funds: This
definition incorporates $50,000 as the threshold amount for
establishing a substantial loss. This loss must have inured to one of
the Federal Deposit Insurance Funds (Insurance Funds) maintained by the
FDIC, the Resolution Trust Corporation (RTC), Federal Savings & Loan
Insurance Corporation, or their successors. Two types of losses are
addressed, which are: (1) debts in default for which there remain a
legal obligation to pay; and (2) final judgments, regardless of whether
forgiven in whole or in part in a bankruptcy proceeding.
C. Minimum Standards for Appointment to a Position with the FDIC
All applicants, including former employees of the FDIC who are
reemployed after a break in service of more than 3 days, are subject to
this regulation for any noncompliance with the prohibitions which
occurred either before or after the enactment of the Completion Act.
Applicants are required to submit a certification prior to employment
which addresses each of the statutory prohibitions and are required to
submit information regarding any default during the previous five
years. Investigations are conducted on all new appointees to ascertain
all relevant information regarding the individual's history of
defaults. Regardless of the number of years for which an applicant is
required to submit a written report regarding defaults, any pattern or
practice of defalcation regarding obligations or substantial loss, as
defined in this regulation, is subject to these minimum standards.
Similarly, any felony conviction and any removal from, or prohibition
from participation in the affairs of, any insured depository
institution by a federal banking agency is subject to the prohibitions
of this regulation without time limitation. A felony conviction that
has been pardoned, as opposed to being overturned on appeal, remains a
conviction and is therefore subject to the prohibition mandated by the
Completion Act.
D. Minimum Standards for Employment With the FDIC
The Corporation finds sufficient support in the text of the statute
for applying the terms of the Completion Act prospectively, and
therefore does not require the enforcement of these minimum standards
against incumbent employees of the FDIC under an appointment authorized
by title 5 of the United States Code on or before June 17, 1994, for
noncompliance which occurred prior to that date. However, any final
enforcement action by any appropriate federal banking agency, any final
judgment or any felony conviction which is finalized on or after June
18, 1994, even though the act or omission which is the basis of the
action or judgment occurred prior to June 18, 1994, is subject to the
standards of this regulation. Additionally, eligibility for employment
with the FDIC continues to be based on suitability standards for
federal employment as measured from past and present conduct which
determines whether or not an employee can perform his or her duties
with efficiency and effectiveness.
All employees, regardless of date of first appointment or tenure,
are subject to this regulation for any noncompliance with the standards
that occurs on or after June 18, 1994. Further, any noncompliance with
the standards that first occurred prior to June 18, 1994, which meets
the definitions of causing a substantial loss to the Insurance Funds or
a pattern or practice of defalcation regarding obligations to an
insured depository institution based on financial irresponsibility and
which resulted in indebtedness that remains uncured after June 18,
1994, cannot be excused.
Employees appointed prior to the June 18, 1994 effective date for
section 19 of the Completion Act and who continue without a break in
service of more than 3 days from one type of appointment with the FDIC
to another are not subject to the prohibitions for noncompliance prior
to June 18, 1994. For example, an employee serving on an excepted-
service temporary appointment who may be selected for a competitive-
service time-limited or permanent appointment without a break in
service would not be considered a new applicant for purposes of this
regulation. This regulation applies to all appointments, including co-
operative student hires, experts and consultants, detailees from other
agencies and any other individual appointed to provide service to or on
behalf of the FDIC.
Employees assigned to the RTC were held to comparable minimum
standards of fitness for employment in the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989, Pub. L. 101-73, as
implemented by regulation in 12 CFR Part 1605, which were applied
retroactively by statute. Therefore, unlike incumbent FDIC employees
who were not covered by Pub. L. 101-73 minimum standards, any
noncompliance with the standards by incumbent employees assigned to RTC
[[Page 28728]]
prior to June 18, 1994, remain subject to the Public Law 101-73 minimum
standards, and is not excused.
Noncompliance occurring on or after June 18, 1994, with the
standards contained in this regulation is a basis for removal of the
employee under the authority of the Completion Act.
E. Verification of Compliance
Under the authority provided by 12 U.S.C. 1819 and 1822, the FDIC
conducts background investigations to verify the information certified
by applicants and to determine suitability for employment with the
FDIC. In addition, the FDIC screens the Financial Institution's
Investigative and Enforcement Records System maintained internally by
the FDIC's Division of Supervision regarding records of federal banking
agency enforcement actions. The FDIC also examines its own and other
regulatory records systems for findings of a pattern or practice of
defalcation regarding obligations and/or a substantial loss to the
Insurance Funds as defined in this regulation.
F. Employee Responsibility, Counseling and Distribution of Regulation
Employees are required to familiarize themselves with the
provisions of this regulation. Within ten days of the action or the
discovery of the noncompliance, an employee shall report in writing to
the Ethics Counselor regarding noncompliance with any of the
prohibitions contained in Sec. 336.5(a) (1) through (4) of this
regulation. Also, if the employee receives a letter from the FDIC
demanding payment on an obligation that was initially owed to an
insured depository institution and is now owed to the FDIC, the
employee must notify the Ethics Counselor within 10 days of receipt of
such letter. Employees shall consult with the Ethics Counselor
regarding the impact of this regulation on their continued employment.
The Ethics Counselor shall provide counseling and guidance to employees
regarding the statutes, regulations and Corporation's policies under
this part. The Ethics Counselor shall review all information presented
by the employee and/or the employee's representative relevant to
establishing responsibility for the debt and corrective actions taken.
The employee has a duty to cooperate with the Ethics Counselor in
providing the information that is necessary to the Ethics Counselor's
determination of compliance or noncompliance.
G. Sanctions and Remedial Actions
There is no remedial action for an employee found in noncompliance
with the standards at Sec. 336.5(a)(1) and (2), for felony convictions
and enforcement actions, as an employee is afforded the opportunity to
remedy those findings through other proceedings. Also, there is no
remedial action for an employee found in noncompliance with the
standards of Sec. 336.4(a)(4), as the Corporation's Division of
Depositor and Asset Services provides the opportunity to work out debts
owed to the Insurance Funds. Further, noncompliance with
Sec. 336.5(a)(3) based on wrongful refusal to fulfill duties on
obligations to insured depository institutions cannot be remedied.
However, employees will be provided a reasonable opportunity to remedy
following notification of noncompliance with the prohibitions at
Sec. 336.5(a)(3) based on financial irresponsibility as defined in
336.3(i)(1). Such employees may establish an agreement to resolve the
outstanding indebtedness that satisfies both the insured depository
institution and the FDIC, or otherwise resolve the matter to the
satisfaction of the FDIC. This remedial action provided employees would
not be extended to applicants for employment. Filling a vacancy is not
delayed in order for an applicant to cure his or her debts that are
deemed not in compliance with Sec. 336.4(a)(3) through (4).
Individuals appointed by the President with the advice and consent
of the Senate, which includes both the appointed and ex officio members
of the Board of Directors and the Inspector General, cannot be removed
from their positions under the authority of the FDIC. Therefore, this
regulation does not apply to individuals appointed to or serving on an
acting basis in positions designated by Title 5 of the U.S. Code as
officials of the Federal Executive Schedule. Federal employees who are
serving the FDIC, but are employed by another agency, such as detailees
or employees of the Office of Thrift Supervision or the Office of the
Comptroller of the Currency, may be returned to the employing agency if
found not to be in compliance with the minimum standards.
H. Finality of Determination
Section 336.9 of this regulation tracks the language of the Federal
Deposit Insurance Act, 12 U.S.C. 1822(f)(4)(D)(ii).
List of Subjects in 12 CFR Part 336
Conflict of interests.
For the reasons set out in the preamble, the Board of Directors of
the Federal Deposit Insurance Corporation is revising part 336 of
chapter III of title 12 of the Code of Federal Regulations as follows:
PART 336--FDIC EMPLOYEES
Subpart A--Employee Responsibilities and Conduct
Sec.
336.1 Cross-reference to employee ethical conduct standards and
financial disclosure regulations.
Subpart B--Minimum Standards of Fitness for Employment With the Federal
Deposit Insurance Corporation
336.2 Authority, purpose and scope.
336.3 Definitions.
336.4 Minimum standards for appointment to a position with the
FDIC.
336.5 Minimum standards for employment with the FDIC.
336.6 Verification of compliance.
336.7 Employee responsibility, counseling and distribution of
regulation.
336.8 Sanctions and remedial actions.
336.9 Finality of determination.
Subpart A--Employee Responsibilities and Conduct
Authority: 5 U.S.C. 7301; 12 U.S.C. 1819(a).
Sec. 336.1 Cross-reference to employee ethical conduct standards and
financial disclosure regulations.
Employees of the Federal Deposit Insurance Corporation
(Corporation) are subject to the Executive Branch-wide Standards of
Ethical Conduct at 5 CFR part 2635, the Corporation regulation at 5 CFR
part 3201 which supplements the Executive Branch-wide Standards, the
Executive Branch-wide financial disclosure regulations at 5 CFR part
2634, and the Corporation regulation at 5 CFR part 3202, which
supplements the Executive Branch-wide financial disclosure regulations.
Subpart B--Minimum Standards of Fitness for Employment With the
Federal Deposit Insurance Corporation
Authority: 12 U.S.C. 1819 (Tenth), 1822(f).
Sec. 336.2 Authority, purpose and scope.
(a) Authority. This part is adopted pursuant to section 12(f) of
the Federal Deposit Insurance Act, 12 U.S.C. 1822, and the rulemaking
authority of the Federal Deposit Insurance Corporation (FDIC) found at
12 U.S.C. 1819. This part is in addition to, and not in lieu of, any
other statutes or regulations which may apply to standards for ethical
conduct or fitness for employment with the FDIC and is consistent with
the
[[Page 28729]]
goals and purposes of 18 U.S.C. 201, 203, 205, 208, and 209.
(b) Purpose. The purpose of this part is to state the minimum
standards of fitness and integrity required of individuals who provide
service to or on behalf of the FDIC and provide procedures for
implementing these requirements.
(c) Scope. (1) This part applies to applicants for employment with
the FDIC under title 5 of the U.S. Code appointing authority in either
the excepted or competitive service, including Special Government
Employees. This part applies to all appointments, regardless of tenure,
including intermittent, temporary, time-limited and permanent
appointments.
(2) In addition, this part applies to all employees of the FDIC who
serve under an appointing authority under chapter 21 of title 5 of the
U.S. Code.
(3) Further, this part applies to any individual who, pursuant to a
contract or any other arrangement, performs functions or activities of
the Corporation, under the direct supervision of an officer or employee
of the Corporation.
Sec. 336.3 Definitions.
For the purposes of this part:
(a) Company means any corporation, firm, partnership, society,
joint venture, business trust, association or similar organization, or
any other trust unless by its terms it must terminate within twenty-
five years or not later than twenty-one years and ten months after the
death of individuals living on the effective date of the trust, or any
other organization or institution, but shall not include any
corporation the majority of the shares of which are owned by the United
States, any state, or the District of Columbia.
(b) Control means the power to vote, directly or indirectly, 25
percent or more of any class of the voting stock of a company, the
ability to direct in any manner the election of a majority of a
company's directors or trustees, or the ability to exercise a
controlling influence over the company's management and policies. For
purposes of this definition, a general partner of a limited partnership
is presumed to be in control of that partnership. For purposes of this
part, an entity or individual shall be presumed to have control of a
company if the entity or individual directly or indirectly, or acting
in concert with one or more entities or individuals, or through one or
more subsidiaries, owns or controls 25 percent or more of its equity,
or otherwise controls or has power to control its management or
policies.
(c) Default on a material obligation means a loan or advance from
an insured depository institution which is or was delinquent for 90 or
more days as to payment of principal or interest, or any combination
thereof.
(d) Employee means any officer or employee, including a liquidation
graded or temporary employee, providing service to or on behalf of the
FDIC who has been appointed to a position under an authority contained
in title 5 of the U.S. Code. This definition excludes those individuals
designated by title 5 of the U.S. Code as officials in the Federal
Executive Schedule.
(e) Federal banking agency means the Office of the Comptroller of
the Currency, the Office of Thrift Supervision, the Board of Governors
of the Federal Reserve System, or the Federal Deposit Insurance
Corporation, or their successors.
(f) Federal deposit insurance fund means the Bank Insurance Fund,
the Savings Association Insurance Fund, the Federal Savings and Loan
Insurance Corporation (FSLIC) Resolution Fund, or the funds that were
formerly maintained by the Resolution Trust Corporation (RTC), or their
successors, for the benefit of insured depositors.
(g) FDIC means the Federal Deposit Insurance Corporation, in its
receivership and corporate capacities.
(h) Insured depository institution means any bank or savings
association the deposits of which are insured by the FDIC.
(i) Pattern or practice of defalcation regarding obligations means:
(1) A history of financial irresponsibility with regard to debts
owed to insured depository institutions which are in default in excess
of $50,000 in the aggregate. Examples of such financial
irresponsibility include, without limitation:
(i) Failure to pay a debt or debts totalling more than $50,000
secured by an uninsured property which is destroyed; or
(ii) Abuse of credit cards or incurring excessive debt well beyond
the individual's ability to repay resulting in default(s) in excess of
$50,000 in the aggregate.
(2) Wrongful refusal to fulfill duties and obligations to insured
depository institutions. Examples of such wrongful refusal to fulfill
duties and obligations include, without limitation:
(i) Any use of false financial statements;
(ii) Misrepresentation as to the individual's ability to repay
debts;
(iii) Concealing assets from the insured depository institution;
(iv) Any instance of fraud, embezzlement or similar misconduct in
connection with an obligation to the insured depository institution;
and
(v) Any conduct described in any civil or criminal judgment against
an individual for breach of any obligation, contractual or otherwise,
or any duty of loyalty or care that the individual owed to an insured
depository institution.
(3) Defaults shall not be considered a pattern or practice of
defalcation where the defaults are caused by catastrophic events beyond
the control of the employee such as death, disability, illness or loss
of financial support.
(j) Substantial loss to federal deposit insurance funds. (1)
Substantial loss to federal deposit insurance funds means:
(i) A loan or advance from an insured depository institution, which
is now owed to the FDIC, RTC, FSLIC or their successors, or any federal
deposit insurance fund, that is delinquent for ninety (90) or more days
as to payment of principal, interest, or a combination thereof and on
which there remains a legal obligation to pay an amount in excess of
$50,000; or
(ii) A final judgment in excess of $50,000 in favor of any federal
deposit insurance fund, the FDIC, RTC, FSLIC, or their successors
regardless of whether it becomes forgiven in whole or in part in a
bankruptcy proceeding.
(2) For purposes of computing the $50,000 ceiling in paragraphs
(j)(1)(i) and (ii) of this section, all delinquent judgments, loans, or
advances currently owed to the FDIC, RTC, FSLIC or their successors, or
any federal deposit insurance fund, shall be aggregated. In no event
shall delinquent loans or advances from different insured depository
institutions be separately considered.
Sec. 336.4 Minimum standards for appointment to a position with the
FDIC.
(a) No person shall become employed on or after June 18, 1994, by
the FDIC or otherwise perform any service for or on behalf of the FDIC
who has:
(1) Been convicted of any felony;
(2) Been removed from, or prohibited from participating in the
affairs of, any insured depository institution pursuant to any final
enforcement action by any appropriate federal banking agency;
(3) Demonstrated a pattern or practice of defalcation regarding
obligations to insured depository institutions; or
(4) Caused a substantial loss to federal deposit insurance funds.
(b) Prior to an offer of employment, any person applying for
employment with the FDIC shall sign a certification of compliance with
the minimum standards listed in paragraphs (a)(1)
[[Page 28730]]
through (4) of this section. In addition, any person applying for
employment with the FDIC shall provide as an attachment to the
certification any instance in which the applicant, or a company under
the applicant's control, defaulted on a material obligation to an
insured depository institution within the preceding five years.
(c) Incumbent employees who separate from the FDIC and are
subsequently reappointed after a break in service of more than three
days are subject to the minimum standards listed in paragraphs (a)(1)
though (4) of this section. The former employee is required to submit a
new certification statement including attachments, as provided in
paragraph (b) of this section, prior to appointment to the new
position.
Sec. 336.5 Minimum standards for employment with the FDIC.
(a) No person who is employed by the FDIC shall continue in
employment in any manner whatsoever or perform any service for or on
behalf of the FDIC who, beginning June 18, 1994 and thereafter:
(1) Is convicted of any felony;
(2) Is prohibited from participating in the affairs of any insured
depository institution pursuant to any final enforcement action by any
appropriate federal banking agency;
(3) Demonstrates a pattern or practice of defalcation regarding
obligations to insured depository institution(s); or
(4) Causes a substantial loss to federal deposit insurance funds.
(b) Any noncompliance with the standards listed in paragraphs
(a)(1) through (4) of this section is a basis for removal from
employment with the FDIC.
Sec. 336.6 Verfication of compliance.
The FDIC's Division of Administration shall order appropriate
investigations as authorized by 12 U.S.C. 1819 and 1822 on newly
appointed employees, either prior to or following appointment, to
verify compliance with the minimum standards listed under
Sec. 336.4(a)(1) through (4).
Sec. 336.7 Employee responsibility, counseling and distribution of
regulation.
(a) Each employee is responsible for being familiar with and
complying with the provisions of this part.
(b) The Ethics Counselor shall provide a copy of this part to each
new employee within 30 days of initial appointment.
(c) An employee who believes that he or she may not be in
compliance with the minimum standards provided under Sec. 336.5(a)(1)
through (4), or who receives a demand letter from the FDIC for any
reason, shall make a written report of all relevant facts to the Ethics
Counselor within ten (10) business days after the employee discovers
the possible noncompliance, or after the receipt of a demand letter
from the FDIC.
(d) The Ethics Counselor shall provide guidance to employees
regarding the appropriate statutes, regulations and corporate policies
affecting employee's ethical responsibilities and conduct under this
part.
(e) The Ethics Counselor shall provide the Personnel Services
Branch with notice of an employee's noncompliance.
Sec. 336.8 Sanctions and remedial actions.
(a) Any employee found not in compliance with the minimum standards
except as provided in paragraph (b) of this section below shall be
terminated and prohibited from providing further service for or on
behalf of the FDIC in any capacity. No other remedial action is
authorized for sanctions for noncompliance.
(b) Any employee found not in compliance with the minimum standards
under Sec. 336.5(a)(3) based on financial irresponsibility as defined
in Sec. 336.3(i)(1) shall be terminated consistent with applicable
procedures and prohibited from providing future services for or on
behalf of the FDIC in any capacity, unless the employee brings him or
herself into compliance with the minimum standards as provided in
paragraphs (b)(1) and (2) of this section.
(1) Upon written notification by the Corporation of financial
irresponsibility, the employee will be allowed a reasonable period of
time to establish an agreement that satisfies the creditor and the FDIC
as to resolution of outstanding indebtedness or otherwise resolves the
matter to the satisfaction of the FDIC prior to the initiation of a
termination action.
(2) As part of the agreement described in paragraph (b)(1) of this
section, the employee shall provide authority to the creditor to report
any violation by the employee of the terms of the agreement directly to
the FDIC Ethics Counselor.
Sec. 336.9 Finality of determination.
Any determination made by the FDIC pursuant to this part shall be
at the FDIC's sole discretion and shall not be subject to further
review.
By order of the Board of Directors.
Dated at Washington, D.C. this 14th day of May 1996.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Deputy Executive Secretary.
[FR Doc. 96-14001 Filed 6-5-96; 8:45 am]
BILLING CODE 6714-01-M
Complete official Federal Register PDF
FR Doc. 96-13939 Revision of Class E Airspace; Artesia, NM
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13939]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASW-08]
Revision of Class E Airspace; Artesia, NM
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Artesia, NM. The development of a
new Global Positioning System (GPS) standard instrument approach
procedure (SIAP) to Runway (RWY) 21 at Artesia Municipal Airport has
made this action necessary. This action is intended to provide adequate
Class E airspace to contain instrument flight rule (IFR) operations for
aircraft executing the GPS SIAP to RWY 21 at Artesia Municipal Airport,
Artesia, NM.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Operations Branch, Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0530,
telephone 817-222-5593.
SUPPLEMENTARY INFORMATION:
History
On July 17, 1995, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Artesia, NM, was published in the Federal Register (60 FR 36373). A new
GPS SIAP to RWY 21 developed for Artesia Municipal Airport, Artesia,
NM, requires the revision of the Class E airspace at this airport. The
proposal was to revise the controlled airspace extending upward from
700 feet AGL to contain IFR operations in controlled airspace during
portions of the terminal operation and while transitioning between the
enroute and terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. The rule is adopted as
proposed.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) revises the Class E airspace located at Artesia Municipal
Airport, Artesia, NM, to provide controlled airspace extending upward
from 700 feet AGL for aircraft executing the GPS SIAP to RWY 21.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments 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. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. app. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation be reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW NM E5 Artesia, NM [Revised]
Artesia Municipal Airport, NM
(lat. 32 deg.51'91'' N, long. 104 deg.28'04'' W)
That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Artesia Municipal Airport and within 1.8
miles each side of the 035 deg. bearing from the Artesia Municipal
Airport extending from the 7-mile radius to 8.1 miles northeast of
the airport.
* * * * *
Issued in Fort Worth, TX, on May 15, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-13939 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13938 Establishment of Class E Airspace; Seymour, TX
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28742-28743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13938]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASW-01]
Establishment of Class E Airspace; Seymour, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action establishes the Class E airspace extending upward
from 700 feet above ground level (AGL) at Seymour, TX. The development
of a Global Positioning System (GPS) standard instrument approach
procedure (SIAP) to Runway (RWY) 17 at Seymour Municipal Airport has
made this action necessary. This action is intended to provide adequate
Class E airspace to contain instrument flight rule (IFR) operations for
aircraft executing the GPS SIAP to RWY 17 at Seymour Municipal Airport,
Seymour, TX.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Donald J. Day, Operations Branch, Air Traffic Division, Southwest
Region, Federal Aviation Administration, Fort Worth, TX 76193-0530,
telephone 817-222-5593.
SUPPLEMENTARY INFORMATION:
History
On June 27, 1995, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to establish the Class E airspace
at Seymour, TX, was published in the Federal Register (60 FR 33162). On
August 7, 1995, a correction to the airspace description was published
in the Federal Register (60 FR 40227). A GPS SIAP to RWY 17 developed
for Seymour Municipal Airport, Seymour, TX, requires the revision of
the Class E airspace at this airport. The proposal was to revise the
controlled airspace extending upward from 700 feet AGL to contain IFR
operations in controlled airspace during portions of the terminal
operation and while transitioning between the enroute and terminal
environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. However, the proposal and
the subsequent correction for the airspace description for the proposal
were published with an incorrect coordinate for the location of the
Seymour Municipal Airport. The correct coordinates for the airport
should have been (Lat. 33 deg.38'55'' N, long. 099 deg.15'38'' W). The
description of the Class E airspace in this rule has been revised to
reflect this change. The FAA has determined that this is an editorial
change and will not increase the scope of this rule. Except for the
editorial change just discussed, the rule is adopted as proposed.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) amends the Class E airspace located at Seymour Municipal
Airport, Seymour, TX, to provide controlled airspace extending upward
from 700 feet AGL for aircraft executing the GPS SIAP to RWY 17.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments 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. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
[[Page 28743]]
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p.389; 49 U.S.C. 106(g); 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW TX E5 Seymour, TX [New]
Seymour, Seymour Municipal Airport, TX
(lat. 33 deg.38'55'' N., long. 99 deg.15'38'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Seymour Municipal Airport.
* * * * *
Issued in Fort Worth, TX, on May 15, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-13938 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13937 Revision of Class E Airspace; Guymon, OK
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28741-28742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13937]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 94-ASW-22]
Revision of Class E Airspace; Guymon, OK
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Guymon, OK. The development of a
Global Positioning System (GPS) standard instrument approach procedure
(SIAP) to Runway (RWY) 36 at Guymon Municipal Airport has made this
action necessary. This action is intended to provide adequate Class E
airspace to contain instrument flight rule (IFR) operations for
aircraft executing the GPS SIAP to RWY 36 at Guymon Municipal Airport,
Guymon, OK.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Donald J. Day, Operations Branch, Air
Traffic Division, Southwest Region, Federal Aviation Administration,
Fort Worth, TX 76193-0530, telephone 817-222-5593.
SUPPLEMENTARY INFORMATION:
History
On June 27, 1995, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Guymon, OK, was published in the Federal Register (60 FR 33161). A GPS
SIAP to RWY 36 developed for Guymon Municipal Airport, Guymon, OK,
requires the revision of the Class E airspace at this airport. The
proposal was to revise the controlled airspace extending upward from
700 feet AGL to contain IFR operations in controlled airspace during
portions of the terminal operation and while transitioning between the
enroute and terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. However, the proposal was
published with an incorrect coordinate for the location of the Guymon
Municipal Airport. The correct coordinates for the airport should have
been (Lat. 36 deg.41'03'' N, long. 101 deg.30'25'' W). The description
of the Class E airspace in this rule has been revised to reflect this
change. The FAA has determined that this is editorial change and will
not increase the scope of this rule. Except for the non-substantive
change just discussed, the rule is adopted as proposed. The coordinates
for this airspace docket are based on North American Datum 83. Class E
airspace designations for airspace areas extending upward from 700 feet
or more AGL are published in Paragraph 6005 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR
[[Page 28742]]
part 71) amends the Class E airspace located at Guymon Municipal
Airport, Guymon, OK, to provide controlled airspace extending upward
from 700 feet AGL for aircraft executing the GPS SIAP to RWY 36.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments 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. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW OK E5 Guymon, OK [Revised]
Guymon Municipal Airport, OK
(lat. 36 deg.41'03''N, long. 101 deg.30'25''W)
Guymon NDB
(lat. 36 deg.42'19''N, long. 101 deg.30'18''W)
That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Guymon Municipal Airport and within 2.4
miles each side of the 006 deg. bearing from the Guymon NDB
extending from the 6.6-mile radius to 7.4 miles north of the
airport.
* * * * *
Issued in Fort Worth, TX, on May 15, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-13937 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13923 Revision of Class E Airspace; Guthrie, TX
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28740-28741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13923]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASW-17]
Revision of Class E Airspace; Guthrie, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Guthrie, TX. New Very High
Frequency Omnidirectional Range (VOR)/Distance Measuring Equipment
(DME) Area Navigation (Random Navigation) (RNAV) Standard Instrument
Approach Procedures (SIAP's) to Runaways (RWY's) 01 and 19 at 6666
Ranch Airport, Guthrie, TX, have made this action necessary. This
action is intended to provide adequate Class E airspace to contain
instrument flight rule (IFR) operations for aircraft executing the VOR/
DME RNAV SIAP's to RWY's 01 and 19 at 6666 Ranch Airport, Guthrie, TX.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Chuck Frankenfield, Operations Branch,
Air Traffic Division, Southwest Region, Federal Aviation
Administration, Fort Worth, TX 76193-0530, telephone 817-222-5591.
[[Page 28741]]
SUPPLEMENTARY INFORMATION:
History
On January 24, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Guthrie, TX, was published in the Federal Register (61 FR 1867).
Development of VOR/DME RNAV SIAP's to RWY's 01 and 19 at 6666 Ranch
Airport, Guthrie, TX. requires the revision of the Class E airspace at
this airport. The proposal was to revise the controlled airspace
extending upward from 700 feet AGL to contain IFR operations in
controlled airspace during portions of the terminal operation and while
transitioning between the enroute and terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. The rule is adopted as
proposed.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feet or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) amends the Class E airspace located at 6666 Ranch Airport,
Guthrie, TX, to provide controlled airspace extending upward from 700
feet AGL for aircraft executing the VOR/DME RNAV SIAP's to RWY's 01 and
19.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments 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. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW TX E5 Guthrie, TX [Revised]
Guthrie, 6666 Ranch Airport, TX
(Lat. 33 deg.38'28''N, long. 100 deg.20'51''W)
That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of 6666 Ranch Airport and within 2 miles
each side of the 196 deg. bearing from the airport extending from
the 6.7-mile radius to 10.4 miles south of the airport, and within
3.7 miles each side of the 003 deg. bearing from the airport
extending from the 6.7-mile radius to 10.4 miles north of the
airport.
* * * * *
Issued in Fort Worth, TX, on May 15, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-13923 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13921 Revision of Class E Airspace; Victoria, TX
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13921]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ASW-20]
Revision of Class E Airspace; Victoria, TX
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Class E airspace extending upward from
700 feet above ground level (AGL) at Victoria, TX. The development of
an Instrument Landing System (ILS) Standard Instrument Approach
Procedure (SIAP) to Runway (RWY) 12 Left (L) at Victoria Regional
Airport has made this action necessary. This action is intended to
provide adequate Class E airspace to contain instrument flight rule
(IFR) operations for aircraft executing the ILS SIAP to RWY 12L at
Victoria Regional Airport, Victoria, TX.
EFFECTIVE DATE: 0901 UTC, August 15, 1996.
FOR FURTHER INFORMATION CONTACT: Chuck Frankenfield, Operations Branch,
Air Traffic Division, Southwest Region, Federal Aviation
Administration, Fort Worth, TX 76193-0530, telephone 817-222-5591.
SUPPLEMENTARY INFORMATION:
History
On January 24, 1996, a proposal to amend part 71 of the Federal
Aviation Regulations (14 CFR part 71) to revise the Class E airspace at
Victoria, TX, was published in the Federal Register (61 FR 1864). an
ILS SIAP to RWY 12L developed for Victoria Regional Airport, Victoria,
TX, requires the revision of the Class E airspace at this airport. The
proposal was to revise the controlled airspace extending upward from
700 feet AGL to contain IFR operations in controlled airspace during
portions of the terminal operation and while transitioning between the
enroute and terminal environments.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments to the proposal were received. The rule is adopted as
proposed.
The coordinates for this airspace docket are based on North
American Datum 83. Class E airspace designations for airspace areas
extending upward from 700 feed or more AGL are published in Paragraph
6005 of FAA Order 7400.9C dated August 17, 1995, and effective
September 16, 1995, which is incorporated by reference in 14 CFR 71.1.
The Class E airspace designation listed in this document will be
published subsequently in the Order.
The Rule
This amendment to part 71 of the Federal Aviation Regulations (14
CFR part 71) amends the Class E airspace located at Victoria Regional
Airport, Victoria, TX, to provide controlled airspace extending upward
from 700 feet AGL for aircraft executing the ILS SIAP to RWY 12L.
The FAA has determined that this regulation only involves an
established body of technical regulations that need frequent and
routine amendments 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. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this rule will not have a significant economic impact on a substantial
number of small entities under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120; E.O. 10854; 24 FR
9565, 3 CFR, 1959-1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR
11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ASW TX E5 Victoria, TX [Revised]
Victoria, Victoria Regional Airport, TX
(lat. 28 deg.51'09''N, long. 096 deg.55'07''W)
That airspace extending upward from 700 feet above the surface
within a 7.1-mile radius of Victoria Regional Airport, and within
1.9 each side of the 312 deg. bearing from the airport extending
from the 7.1-mile radius to 12.8-miles northwest of the airport.
* * * * *
Issued in Fort Worth, TX, on May 15, 1996.
Albert L. Viselli,
Acting Manager, Air Traffic Division, Southwest Region.
[FR Doc. 96-13921 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-13888 Airworthiness Directives; General Electric CT7 Series Turboprop and Turboshaft Engines
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13888]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 92-ANE-08; Amendment 39-8781; AD 93-25-17]
Airworthiness Directives; General Electric CT7 Series Turboprop
and Turboshaft Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document makes a correction to Airworthiness Directive
(AD) 93-25-17 applicable to General Electric (GE) CT7 series turboprop
and turboshaft engines that was published in the Federal Register on
January 3, 1994 (59 FR 3). The docket number in the header to the
applicability section is incorrect. This document corrects the docket
number. In all other respects, the original document remains the same.
EFFECTIVE DATE: June 6, 1996.
FOR FURTHER INFORMATION CONTACT: Dave Keenan, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803-5299; telephone (617)
238-7139, fax (617) 238-7199.
SUPPLEMENTARY INFORMATION: A final rule airworthiness directive
applicable to General Electric (GE) CT7 series turboprop and turboshaft
engines, was published in the Federal Register on January 3, 1994 (59
FR 3). The following correction is needed:
Sec. 39.13 [Corrected]
On page 4, in the first column, in the heading above the
Applicability Section of AD 93-25-17, in the second line, ``Docket No.
93-ANE-08'' is corrected to read ``Docket No. 92-ANE-08''.
Issued in Burlington, Massachusetts, on May 16, 1996.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 96-13888 Filed 6-5-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13787 Regulatory Review; Gas Pipeline Safety Standards
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Pages 28770-28786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13787]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 192
[Docket PS-124; Amdt. 192-76]
RIN 2137-AC25
Regulatory Review; Gas Pipeline Safety Standards
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule changes miscellaneous gas pipeline safety
regulations to provide clarity, eliminate unnecessary or burdensome
requirements, and foster economic growth. The changes result from a
comprehensive review of the regulations RSPA has completed under
President Clinton's Regulatory Reinvention Initiative to reduce the
burden of government regulations. The changes are intended to reduce
the costs of compliance without compromising safety.
EFFECTIVE DATE: This final rule is effective July 8, 1996. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
July 8, 1996.
FOR FURTHER INFORMATION CONTACT: A. C. Garnett, (202) 366-2036, or L.
M. Furrow, (202) 366-4559, regarding the subject matter of this
amendment, or the Dockets Unit, (202) 366-5046 regarding copies of this
amendment or other material in the docket.
SUPPLEMENTARY INFORMATION:
Background
Early in 1992, RSPA began an extensive review of the federal gas
pipeline safety regulations (49 CFR part 192) and invited the public to
participate (57 FR 4745, Feb. 7, 1992). The review was to see what
changes were necessary to provide clarity, eliminate unnecessary or
overly burdensome requirements, and foster economic growth. As a result
of the review, RSPA published a Notice of Proposed Rulemaking (NPRM),
proposing changes to 38 regulations in part 192 (Notice 1; 57 FR 39572,
Aug. 31, 1992).
Then the National Association of Pipeline Safety Representatives
(NAPSR) reported on a separate but related review of part 192. RSPA had
asked NAPSR to identify regulations in part 192 that may not assure
safety or
[[Page 28771]]
that may be hard to enforce. Because the NAPSR report concerned a few
of the regulations covered by the NPRM and had similar goals, we
published the report and requested public comment on its various
recommended rule changes (Notice 2; 58 FR 59431, Nov. 9, 1993). At the
same time, we announced that in developing final rules under the NPRM,
we would consider comments on any NAPSR recommendations that addressed
the same issues as the NPRM. The period for public comment on the NAPSR
recommendations was extended 90 days until April 11, 1994 (Notice 3; 58
FR 68382, Dec. 27, 1993).
Later on, President Clinton launched the Regulatory Reinvention
Initiative (memorandum for Heads of Departments and Agencies; March 4,
1995), which, among other things, directed DOT and other Federal
agencies to review and revise existing regulations to remove
unnecessary or burdensome requirements. Today's publication of this
Final Rule is a major step in carrying out that directive with respect
to DOT's pipeline safety regulations.
Advisory Committee
The Technical Pipeline Safety Standards Committee (TPSSC),
consisting of 15 members, was established by statute to consider the
feasibility, reasonableness, and practicability of proposed pipeline
safety regulations. In developing the final regulations, RSPA
considered all final TPSSC votes and comments on the NPRM, including
minority positions. A more detailed consideration of the TPSSC action
is contained in the following section-by-section discussion of
comments. A record of the TPSSC deliberation is available in the
docket.
Discussion of Comments
RSPA received comments on the NPRM from 36 pipeline operators, 9
pipeline-related associations, 1 state agency, and 8 other commenters.
More commenters submitted views on the NAPSR recommendations: 58
pipeline operators, 10 pipeline-related associations, 4 state agencies,
and 5 other commenters.
The following discussion on development of the final rules explains
how we treated TPSSC positions, comments on the NPRM, and comments on
NAPSR recommendations related to NPRM proposals (Secs. 192.3, 192.475,
192.485, and 192.607). We appreciate the comments on NAPSR
recommendations that were not related to NPRM proposals. They will help
us decide appropriate responses to those recommendations in an action
separate from this rulemaking.
Small Gas Systems. The NPRM invited comments on the idea of whether
RSPA should develop separate, more appropriate safety standards for
small gas distribution systems. Such systems include master meter
systems and petroleum gas systems serving mobile home or apartment
complexes.
Although TPSSC did not address this matter, RSPA received comments
from two pipeline operators, one state agency, and one mobile home
association. The state agency said that it is not clear that separate
regulations are required. This commenter suggested that a less
complicated remedy might be to excerpt those portions of the
regulations specifically applicable to small operators (deleting, for
example, sections applicable to transmission lines) and publish the
result as a guide or as instructional material.
Three commenters supported the need for more appropriate standards
for small gas distribution systems. A mobile home association endorsed
the idea of developing standards for small gas distribution systems,
such as master-meter systems serving mobile home parks, and publishing
the standards as a new part of title 49 of the Code of Federal
Regulations. The mobile home association commented that if it were not
for the Guidance Manual for Operators of Small Gas Systems published by
RSPA, the average mobile home park operator would have difficulty
determining which regulations in part 192 apply to master-meter
systems.
RSPA believes that each of the suggestions has merit and will be
useful in developing future pipeline safety agendas.
Section 192.1, Scope of Part
Section 192.1(b)(1) excepts from the scope of part 192 certain
gathering lines on the outer continental shelf (OCS), but does not
except similar gathering lines located in State offshore waters.
Section 192.1(b)(1) reads as follows: ``This part does not apply to * *
* (o)ffshore gathering of gas upstream from the outlet flange of each
facility on the outer continental shelf where hydrocarbons are produced
or where produced hydrocarbons are first separated, dehydrated, or
otherwise processed, whichever facility is farther downstream.''
Because RSPA treats OCS and State offshore gathering alike under part
192, we proposed to delete the phrase ``on the outer continental
shelf'' so the exception would cover offshore gathering no matter where
located. We also proposed to replace ``offshore gathering of gas'' with
``offshore pipelines,'' recognizing that the excepted pipelines may be
either production or gathering lines.
Twelve TPSSC members voted for the proposal, two supported it but
recommended a change, one member opposed it, and one abstained. The
recommended change was that ``gathering of gas'' should be retained in
Sec. 192.1(b)(1), since proposed Sec. 192.9 refers to gathering under
Sec. 192.1.
We did not adopt the TPSSC minority's recommended change because
the excepted pipelines located upstream from the referenced offshore
facilities may be either production lines or gathering lines. Also, the
term ``offshore pipelines'' was used in a similar revision of 49 CFR
195.1(b)(5) that we made to clarify the jurisdiction of the hazardous
liquid pipeline regulations over offshore pipelines (Docket PS-127; 59
FR 33388; June 28, 1994). As discussed below under the Sec. 192.9
heading, Sec. 192.9 has already been revised to cross-reference
Sec. 192.1. Since the cross- reference does not refer specifically to
gathering lines, deleting the words ``gathering of gas'' from
Sec. 192.1(b)(1) should not hinder the understanding of Sec. 192.9.
RSPA received 14 comments on the proposed rule change, nine from
operators, four from pipeline-related associations, and one from a
state agency. None of these comments opposed the proposal to change
Sec. 192.1(b)(1).
Section 192.3, Definitions
1. Petroleum Gas. A revised definition of ``petroleum gas'' is
discussed below under the Sec. 192.11 heading.
2. Secretary. The proposed revision of the definition of
``Secretary'' is no longer needed. Because the term ``Secretary'' is
not used in part 192, the definition of ``Secretary'' was removed from
Sec. 192.3 in an earlier rulemaking (59 FR 17281; April 12, 1994).
3. Transmission Line. A longstanding RSPA interpretation holds that
the definition of ``transmission line'' in Sec. 192.3 encompasses lines
that link gathering lines or transmission lines to large volume
customers, such as factories or power plants. This interpretation was
founded on the definition of ``transmission line'' in the 1968 edition
of the American Society of Mechanical Engineers [ASME] B31.8 Code. This
code, which was the cornerstone of part 192, defined transmission to
end at large volume customers. RSPA proposed to codify the
interpretation by restating the definition of ``transmission line''
under part 192 to
[[Page 28772]]
include a ``large volume customer'' as an end point of transmission.
Eleven TPSSC members voted for the proposal, three supported it
with a recommended change, and one abstained. The members who
recommended a change thought that RSPA should define ``large volume
customer.'' As discussed further below, the final definition includes
an explanation of this term.
Twenty-six entities commented on the NPRM proposal, including 19
pipeline operators, five pipeline-related associations, one state
agency, and one industrial consumer. Of these commenters, only eight
expressed unqualified support. Three commenters completely opposed the
proposal, saying it was not needed or would create confusion.
RSPA continues to believe that the proposed change is needed. The
present definition does not reflect RSPA's interpretation that the term
``transmission line'' includes pipelines that connect large volume
customers to gathering or transmission lines.
Nine commenters thought the proposed definition would reclassify as
transmission those pipelines that connect large volume customers to
high pressure distribution lines. RSPA did not intend for the proposed
change to alter the classification of distribution lines that supply
large volume customers. To avoid this unintended outcome, the
definition explicitly does not include lines serving large volume
customers downstream from a distribution center.
Four commenters said that the volume of gas transported is not an
appropriate indicator of transmission. This group suggested that
engineering characteristics, such as high pressure, stress level, or
connection to a pressure limiting station are more indicative of
transmission than the volume of gas transported. However, the purpose
of the transmission proposal was not to open discussion on whether
volume is an appropriate indicator of transmission. The purpose was to
recognize that, by interpretation of the present definition, volume
already is an established indicator of transmission, and that the
interpretation should be codified. None of the commenters challenged
the correctness of the interpretation. Moreover, before publishing the
proposed definition, we referred to the 1992 edition of the ASME B31.8
Code, a widely recognized code of voluntary standards for gas piping.
Section 803.21 of the ASME B31.8 Code (1992 edition) defined
``transmission line'' as ``pipe installed for the purpose of
transmitting gas from a source or sources of supply to one or more
distribution centers or to one or more large volume customers * * *''
(emphasis added). And this definition is the same in the current 1995
edition of the code. Given our longstanding interpretation and the ASME
B31.8 Code definition, we find it reasonable to add ``large volume
customer'' to the definition of transmission line as proposed.
Three commenters wanted RSPA to define ``large volume customer.''
We agree that an explanation of ``large volume customer'' would make
the final definition more precise. Thus, we added a statement to the
final definition to explain that ``large volume customer'' includes
factories, power plants, and institutional users of gas.
We did not specify a minimum volume of gas a pipeline must
transport to a customer to qualify as transmission. Volumes vary, and
setting an arbitrary threshold might unfairly reclassify some existing
lines. However, since ``large volume customer'' and ``distribution
center'' each mark the end of transmission under the definition,
operators may use the volume of gas supplied to distribution centers as
a guide to identifying large volume customers.
The NAPSR report recommended changing the part 192 definition of
``transmission line'' so that pipelines beginning at gathering or
transmission lines and ending at ``distribution systems and other load
centers'' would be classified as transmission lines. Under this
alternative wording, load centers conceivably would include large
volume customers.
Most of the persons who commented directly on this NAPSR
recommendation opposed it. A primary objection was that the recommended
definition would needlessly reclassify as transmission low stress
pipelines between communities or between distribution systems and high
pressure transmission lines. In this regard, many commenters felt
transmission should be limited to pipelines that operate at 20 percent
or more of specified minimum yield strength (SMYS) of pipe, one of the
characteristics under the present definition. The lack of definition of
the term ``load center'' was another frequently stated reason for
opposing the NAPSR recommendation. Commenters argued that introducing
this term into the definition would lead to more, not less, confusion.
Also several commenters thought the definition of transmission line
should remain unchanged until RSPA completes its project to redefine
the term ``gathering line,'' which appears in the transmission line
definition. After considering these concerns, we agree that the NAPSR
recommendation would not strengthen the present definition and could
cause reclassification of many lines. Therefore, we did not adopt the
recommendation in the final definition.
Section 192.5, Class Locations
RSPA proposed to clarify Sec. 192.5 to minimize the possibility
that a pipeline is classified higher than required. Inasmuch as part
192 regulations become more stringent as pipeline classification
increases, any over- classification results in needless expenditures.
Fourteen TPSSC members voted for the proposal and one abstained.
Eight operators and one pipeline-related association commented on the
proposed change. While these commenters generally supported the need to
clarify Sec. 192.5, two operators suggested alternative wording. Based
on one suggestion, RSPA has combined proposed Secs. 192.5 (c)(2) and
(c)(3) into final Sec. 192.5(c)(2).
One focus of the NPRM was the cluster exception in existing
Secs. 192.5(f)(2) and (f)(3). This exception provides that if a cluster
of buildings intended for human occupancy requires a Class 2 or 3
location, the classification ends 220 yards from the nearest building
in the cluster, rather than at the end of the 1-mile class location
unit that would otherwise be the basis for classification. In the NPRM
(at 39573), we stated that adding buildings outside a cluster to those
inside the cluster would result in over-classification of the class
location unit. However, this statement was incorrect. The history of
Sec. 192.5 (35 FR 13251, August 19, 1970) shows that the cluster
exception applies only when all buildings in a 1-mile class location
unit are in a single cluster. If a class location unit contains
buildings outside a cluster or more than one cluster of buildings, all
buildings in the unit must be counted to determine the classification
of the unit. The final rule clarifies this point.
The association that commented thought we should define the term
``cluster.'' However, the term is used in its ordinary dictionary
sense, and, in RSPA's experience, has not been a significant source of
misunderstanding.
Section 192.7, Incorporation by Reference
Section 192.7 describes the incorporation by reference in part 192
of documents or portions of documents relevant to gas pipeline safety.
RSPA proposed to revise Sec. 192.7(a) to clarify that when a regulation
in part 192
[[Page 28773]]
references a document, the entire document is not necessarily
incorporated by reference. Rather, only those portions of the document
that are specifically referenced in the regulation or are essential for
compliance with the regulation are incorporated by reference. Such
portions may or may not comprise the whole document, depending on the
scope of the reference.
Fourteen TPSSC members voted for the proposal and one abstained.
Commenters on the proposed change, seven operators and one pipeline-
related association, all favored the proposal. However, two of these
commenters wanted RSPA to change the rule in a manner not proposed.
They advised changing Sec. 192.7 to require operators to follow the
latest published editions of documents, instead of particular editions,
which can become obsolete before RSPA updates the references. RSPA
believes this recommended action is inappropriate because it would hand
over an established governmental function, rulemaking, to the private
organizations who produce the referenced documents. Each newly
published edition would automatically change a pipeline safety rule and
bypass the Federal rulemaking process, which ensures fair treatment of
all affected parties.
Section 192.9, Gathering Lines
When the NPRM was published, Sec. 192.9 required gathering lines to
comply with part 192 standards applicable to transmission lines without
indicating that certain gathering lines are excepted from part 192 by
Sec. 192.1. To highlight this exception and provide a clear
understanding of which gathering lines must meet transmission line
standards, we proposed to cross-reference Sec. 192.1 in Sec. 192.9.
Thirteen TPSSC members voted for the proposal and two abstained.
RSPA received seven comments on the proposed change, six from operators
and one from a pipeline-related association. Only one commenter opposed
the proposal, saying it did not see how the change would clarify the
present rule.
Then in 1994, in a separate, unrelated action concerning the
passage of pigs, RSPA revised Sec. 192.9 to include a cross-reference
to Sec. 192.1 (59 FR 17281, April 12, 1994). Thus, Sec. 192.9 has
already been changed consistent with the proposal in this proceeding,
and no further action is necessary.
Section 192.11, Petroleum Gas Systems (Including Changes to Secs. 192.1
and 192.3)
RSPA proposed several changes to the special rules in Sec. 192.11
for petroleum gas systems: First, we proposed to require that peak
shaving plants supplying petroleum gas by pipeline to a natural gas
distribution system as well as pipeline systems transporting only
petroleum gas or petroleum gas/air mixtures comply with part 192
standards and the National Fire Protection Association (NFPA) Standards
58 and 59. Downstream from the point where a peak shaving plant injects
petroleum gas into a natural gas distribution system, only part 192
would apply. Next, we proposed that the NFPA Standards prevail in the
event of a conflict between part 192 and NFPA Standards 58 or 59. At
the same time, we said that a conflict does not exist when NFPA
Standards 58 and 59 are silent or nonspecific on a subject (such as for
corrosion protection or leak detection). In this case, the operator
would have to comply with any applicable part 192 rule. Finally, we
proposed to add a definition of ``petroleum gas'' to Sec. 192.3, and to
clarify under Sec. 192.1(b)(4) which petroleum gas systems are excepted
from part 192.
Ten TPSSC members voted for the proposal, one member supported it
with a recommended change, three members opposed it, and one abstained.
Two TPSSC members disagreed with the proposal that NFPA standards
should prevail in the event of a conflict with part 192. One TPSSC
member voted yes, but recommended that in the event of conflict the
most stringent requirement should prevail.
We explained in the NPRM why we believe the NFPA standards should
have priority in direct conflict situations. The main reason is that in
contrast to part 192, the NFPA Standards specifically cover petroleum
gas transportation. Also, NFPA Standards 58 and 59 reflect current
petroleum gas technology and safety practices. Given this special
attention to petroleum gas, we do not think there is sufficient reason
to require operators to follow part 192 instead of the NFPA Standards
in the event of conflict, even if part 192 is more stringent.
RSPA received eight comments in favor and three comments in
opposition to the proposed changes to Sec. 192.11. Those commenters who
opposed the proposal were concerned that compliance with NFPA Standards
58 and 59 would involve significant capital expenditures. However,
Sec. 192.11 already requires petroleum gas systems to meet NFPA
Standards 58 and 59. And, in accordance with 49 U.S.C. Sec. 60104(b),
none of the design, installation, construction, initial testing, or
initial inspection requirements of NFPA Standards 58 and 59 would apply
under part 192 to peak shaving plants now in existence. So,
retrofitting existing plants would not be required. Although all plants
would have to comply with the operation and maintenance requirements of
NFPA Standards 58 and 59, overall compliance costs should be small
because, as NFPA stated in its petition, most, if not all, existing
plants already comply with NFPA Standards 58 and 59 to qualify for
insurance coverage. Thus, Sec. 192.11 is revised as proposed in the
NPRM.
Proposed Sec. 192.1(b)(4)(i) would exclude from part 192 pipeline
systems that transport only petroleum gas or petroleum gas/air mixtures
to fewer than 10 customers, if no portion of the system is located in a
public place. This exclusion is in the present Sec. 192.11(a), but in
proposing to relocate it to Sec. 192.1(b)(4)(i), we omitted the
parenthetical phrase ``(such as a highway).'' One commenter objected to
the omission, saying it would leave the meaning of ``public place''
open to interpretation. However, our experience has been that the
parenthetical phrase has hindered more than helped the understanding of
public place. We have consistently interpreted ``public place'' to mean
a place which is generally open to all persons in a community as
opposed to being restricted to specific persons. We consider churches,
schools, and commercial property as well as any publicly owned right-
of-way or property which is frequented by persons to be public places.
Although Sec. 192.11(a) refers to a highway as an example of a public
place, many operators have incorrectly considered the example to
restrict, rather than define, the coverage of petroleum gas systems
with fewer than 10 customers.
Proposed Sec. 192.1(b)(4)(ii) would clarify that part 192 does not
apply to single-tank, single-customer petroleum gas systems located
entirely on the customer's premises, but partially in a public place.
These systems exist, for example, at churches or restaurants, where the
gas is used for heating or cooking. The proposal was based on the
jurisdiction of part 192 over the distribution of gas. As indicated by
the definition of ``service line'' (Sec. 192.3), part 192 does not
apply to gas distribution beyond the point where metered gas enters
customer piping. For single-tank, single-customer systems on the
customer's premises, this point normally occurs at the tank.
Three commenters protested that part 192 would still apply to
single-customer, multi-tank systems on the customer's premises,
regardless of tank size. For example, the proposed rule
[[Page 28774]]
would not exclude a two-tank system partly in a public place, even if
the total quantity of stored gas is less than in a large single-tank
system. Because the proposed exclusion did not rest on the quantity of
gas delivered to the customer, we agree that the number of tanks should
not be a factor in the exclusion of single-customer systems on the
customer's premises. Therefore, final Sec. 192.1(b)(4)(ii) omits the
term ``single-tank.''
The proposed definition of ``petroleum gas'' drew no objections
from either the TPSSC or commenters. So the definition is adopted as
proposed.
Sections 192.14 and 192.553, Conversion and Uprating
If a steel pipeline to be converted to gas service under part 192
has not been designed and constructed to meet part 192 standards, it
must be converted according to Sec. 192.14 (Sec. 192.13(a)(2)). Section
192.14(a)(4) requires that each pipeline must be pressure tested under
subpart J of part 192 to substantiate the maximum allowable operating
pressure (MAOP) permitted by subpart L of part 192. Under subpart L, to
compute the MAOP of a pipeline being converted, an operator must
determine the design pressure of the weakest element of the pipeline
(Sec. 192.619(a)(1)).
Design pressure is also a factor under Sec. 192.553, which
establishes general requirements for increasing any pipeline's MAOP
(uprating). Under Sec. 192.553(d), an increased maximum allowable
operating pressure may not exceed the MAOP part 192 allows for a new
pipeline constructed of the same materials in the same location. Thus,
to uprate a pipeline within this MAOP limit, an operator must determine
the design pressure of the weakest element of the pipeline
(Sec. 192.619(a)(1)).
Because of the role of design pressure, a steel pipeline may not be
converted or uprated when any of the pipe characteristics needed to
calculate design pressure under Sec. 192.105 is unknown. Therefore,
RSPA proposed to amend Secs. 192.14(a)(1) and 192.553(d) to permit the
conversion or uprating of steel pipelines based on an approach found in
paragraph 845.214 and Appendix N of the ASME B31.8 Code. Under the
proposal, when design pressure is unknown, operators would have to
pressure test the pipeline under Appendix N until pipe yield occurs.
The first pressure that produces pipe yield, reduced by 20 percent and
the appropriate factor under Sec. 192.619(a)(2)(ii), would be used
instead of design pressure to calculate MAOP.
Twelve TPSSC members voted for the proposed revision of
Sec. 192.14, one member supported it with a recommended change, one
member opposed it but suggested changes, and one member abstained.
Eleven members voted for the proposal regarding Sec. 192.553, two
supported it with a recommended change, one opposed it, and one
abstained. The recommended changes were to make yield testing mandatory
instead of permissive, and to allow yield testing that is based on
other than the ``first pressure'' that produces yield, since Appendix N
does not use that term. The reasons against the proposal were that
yield testing appeared to be mandatory, and use of the Appendix N
method should be discretionary.
RSPA has adopted the recommended change regarding mandatory yield
testing. Although, in the proposed rules, yield testing may have
appeared permissive, RSPA clearly intended such testing to be the only
alternative when design pressure is unknown. Therefore, in the final
rule, if factors in the design formula are unknown, a pipeline to be
converted or uprated would have to be pressure tested under Appendix N
to determine pipe yield, except as discussed below for low-stress pipe.
The TPSSC member's recommendation to delete ``first pressure'' from
the proposed rule was not adopted. Although Appendix N does not refer
to the first pressure that produces yield, paragraph 845.214(a)(2) of
the ASME B31.8 Code, which applies to the establishment of MAOP when
design pressure is unknown, provides that only the first test to yield
can be used to determine MAOP. The proposed rules were consistent with
this B31.8 standard, which precludes the use of higher yield pressures
that can result from successive testing.
RSPA did not adopt the TPSSC member's comment that use of the
Appendix N method should be discretionary. When MAOP is determined
without knowing the pipeline's design pressure, conformity to a
standardized practice (Section N5.0 of Appendix N) assures additional
safety to offset the lack of knowledge about design pressure.
RSPA received comments on the proposed rules from 11 operators and
three pipeline-related associations. Four operators and one pipeline-
related association recommended removal of the proposed requirement to
use the ``first pressure'' that produces yield. Our position on this
subject is given above in response to a similar comment by a TPSSC
member.
One operator and one pipeline-related association suggested
locating the proposed amendments in Sec. 192.105 instead of
Secs. 192.14 and 192.553. RSPA did not adopt this suggestion because
Sec. 192.105 affects the design of new pipelines, a subject the
proposed rules did not address.
One operator and two pipeline-related associations argued that
pressure testing to yield is unnecessary to qualify low-stress
distribution lines (generally lines 12\3/4\ inches or less in nominal
outside diameter operating at pressures less than 200 psig) for
conversion or uprating. Part 192 recognizes that low- stress pipelines
present a much lower risk to public safety than high-stress lines, all
other factors being equal. For example, certain welding standards in
subpart E are less stringent for pipelines to be operated below 20
percent of SMYS. Because of the lower risk, the final rule provides
that pipelines 12\3/4\ inches or less in nominal outside diameter to be
operated at a pressure less than 200 psig may be converted or uprated
without testing to yield. The MAOP of such pipelines may be determined
under Sec. 192.619(a)(1) by using 200 psig as design pressure.
An operator argued that pressure testing to yield should be
discretionary, because sufficient safety would be provided by the
proposed pressure reduction factors regardless of the level of test
pressure. The commenter was also concerned that pressure testing to
yield for an extended time could cause the growth of defects that later
cause failure during operation. Two hours was suggested as the optimum
hold time for yield testing, based on ongoing studies.
RSPA did not adopt these comments. Pressure testing to yield
exposes more material and construction defects than does testing to a
lower pressure. With fewer defects remaining after testing to yield,
greater long-term protection against failures due to the growth of
unexposed defects results. RSPA intended this extra protection,
combined with the proposed pressure reduction factors, to offset the
absence of design pressure as a limit on MAOP. Pressure testing to
yield appears to be reasonable since many operators already strength
test their pipelines at or above yield for safety and efficiency
reasons. Also, none of the other commenters or TPSSC members objected
to pressure testing to yield, except as discussed above for low-stress
lines. As to the optimum hold period for yield testing, because the
matter is still being studied by industry and is not addressed by the
procedure for yield testing under Appendix N, it is too soon to
consider
[[Page 28775]]
establishing a special hold period for yield testing under part 192.
The final rules have been drafted to improve clarity, to show their
relation to design pressure and MAOP under Sec. 192.619, and to include
the changes discussed above. The proposed amendments to
Secs. 192.14(a)(1) and 192.553(d) are revised and published as an
amendment to Sec. 192.619(a)(1), because this section deals
specifically with design pressure and MAOP. Final Sec. 192.619(a)(1),
set forth below, provides that when design pressure is unknown for
steel pipelines being converted or uprated, a reduced value of first
yield hydrostatic test pressure, instead of design pressure, is used to
compute MAOP. As discussed below, final Sec. 192.619(a)(1) does not
include the reduction factors proposed for butt and lap welded pipe
under Sec. 192.14(a)(1)(ii). If the pipeline to be converted is 12\3/4\
inches or less in nominal outside diameter, 200 psig, instead of design
pressure, may be used if the line is not yield tested. Section
192.553(d) is also revised to refer to amended Sec. 192.619(a)(1).
Also, because the 1992 edition of the ASME B31.8 Code is now out-of-
print, the 1995 edition is referenced in Sec. 192.619(a)(1) as shown by
the revisions to Appendix A of part 192 (see below).
Section 192.107, Yield Strength (S) for Steel Pipe
For pipe made according to a specification not listed in part 192
or whose specification or tensile properties are unknown,
Sec. 192.107(b)(1) provides that yield strength may be established by
tensile testing in accordance with section II-D of appendix B to part
192. When yield strength is determined by such tensile testing,
paragraph (b)(1) requires that the yield strength used in the design
formula of Sec. 192.105 be the lower of either 80 percent of the
average yield strength determined by tensile testing or the lowest
yield strength determined by tensile testing, but not over 52,000 psi.
RSPA proposed to remove this 52,000 psi upper limit on yield strength,
because higher strength pipe has become available since this limitation
was adopted, and tensile testing is a generally accepted method of
determining material properties.
Twelve TPSSC members voted for the proposal, one member supported
it with a recommended change and two abstained. The member recommending
the change felt that the proposal would be better justified if we knew
the proportion of higher strength pipe that lacks tensile documentation
and why this information is unknown. RSPA believes this information is
not essential in deciding whether to adopt the proposal because the
proposed amendment has limited application. We expect operators would
use the proposed amendment to qualify stock pipe they have stored for
maintenance and emergencies and to qualify used pipe being reclaimed.
In either case, the amount of pipe that would be qualified under
proposed Sec. 192.107(b)(1)(ii) should be very small compared with all
pipe being qualified for use in gas pipeline systems.
RSPA received six comments on the proposed amendment. The comments
came from five operators and one pipeline-related association, and all
supported the proposal. In addition, one operator recommended that RSPA
further amend Sec. 192.107 to permit the use of recognized statistical
methods to determine yield strength from tensile tests. RSPA did not
adopt this comment because this concept was not addressed in the NPRM
and would require further public comment and study.
Accordingly, Sec. 192.107 is amended as proposed in the NPRM.
Section 192.121, Design of Plastic Pipe
RSPA proposed to add the following formula to Sec. 192.121, which
would allow use of the Standard Dimension Ratio (SDR) in determining
design pressure for plastic pipe:
[GRAPHIC] [TIFF OMITTED] TR06JN96.012
SDR is a commonly used plastic pipe characteristic in the gas
pipeline industry.
Thirteen TPSSC members voted for the proposal and two abstained.
RSPA received eight responses from the public, all in favor of the
proposed rule. Therefore, the final rule is issued as proposed in the
NPRM, except that the proposed definition is reworded to conform to
standard usage. The final definition agrees with the SDR definition
given in the voluntary standard referenced in part 192 for the
manufacture of thermoplastic pipe: American Society for Testing and
Materials (ASTM) Designation D 2513, ``Standard Specification for
Thermoplastic Gas Pressure Pipe, Tubing, and Fittings'' (1990c
edition).
Section 192.123, Design Limitations for Plastic Pipe
Under Sec. 192.123, plastic pipe may not be used where pipe
operating temperatures are below -20 deg.F. RSPA proposed to lower this
limit to -40 deg.F in light of improvements in pipe technology.
Additionally, RSPA proposed to clarify Sec. 192.123(b)(2), which sets
the maximum operating temperature for thermoplastic pipe and reinforced
thermosetting plastic pipe.
Thirteen TPSSC members voted for the proposal and two abstained.
RSPA received nine comments on the proposed rule changes: six from
operators, one from a pipeline-related association, and two from
manufacturers. The operators and the association supported the proposal
or did not object to it. However, the manufacturers opposed the
proposal stating that many components other than pipe that are made for
use in gas pipeline systems do not have a low temperature rating of
-40 deg.F, although they perform satisfactorily at -20 deg.F. One of
these commenters argued that unsafe operation could occur if pipeline
designers assumed that all components, such as repair and connection
devices, fittings, valves, meters, and regulators, may be used at
-40 deg.F.
RSPA shares the manufacturers' concern. Therefore, the final rule
allows the use of plastic pipe at temperatures between -20 deg.F and
-40 deg.F only if all pipe and pipeline components whose operating
temperature will be below -20 deg.F have a manufacturer's temperature
rating consistent with that operating temperature.
Section 192.179, Transmission Line Valves
Gas transmission lines must have sectionalizing block valves spaced
according to population density under Sec. 192.179(a). RSPA proposed to
revise this rule to allow the RSPA Administrator to approve alternative
spacing where the operator demonstrates an equivalent level of pipeline
safety.
Thirteen TPSSC members voted for the proposal, one against, and one
abstained.
RSPA received comments from 12 operators, two pipeline-related
associations, and a state agency. Thirteen commenters gave their full
or qualified approval, but one association and the state agency argued
against the proposal. Those commenters expressing qualified support
generally felt that the proposal offered some benefit to pipeline
operators. However, they urged that operators be permitted to determine
spacing based on criteria similar to those for hazardous liquid
pipelines in 49 CFR 195.260(c).
RSPA did not adopt the comment that transmission line valve spacing
should be governed by criteria similar to those in 49 CFR 195.260(c).
While those criteria may be appropriate for hazardous liquid pipelines,
we have no indication they are suitable for gas
[[Page 28776]]
transmission lines. In fact, the widely accepted voluntary standard for
valve spacing, paragraph 846.11 of the ASME B31.8 Code, differs little
from existing Sec. 192.179.
As for the comments opposing the proposal, RSPA has considered the
state agency's concern that the proposed rule would infringe on the
authority of state agencies to grant waivers from Sec. 192.179 for
intrastate transmission lines. (See 49 U.S.C 60118(d)). However, this
concern has been addressed by a procedural rule (49 CFR 190.9) that
RSPA adopted to handle petitions for finding or approval under the
federal pipeline safety regulations. Under this rule, which would apply
to petitions for alternative spacing under Sec. 192.179, operators of
intrastate pipelines subject to the safety regulatory jurisdiction of a
certified state agency must submit their petitions to that agency for
review and recommendation before final action by the Administrator.
RSPA does not agree with the pipeline-related association's
suggestion that since the underlying rule is not justified, the
proposed amendment is not needed. The basis for existing Sec. 192.179
was the 1968 edition of the ASME B31.8 Code. As noted above, the
current edition of that code continues to specify valve spacing similar
to Sec. 192.179.
Section 192.203, Instrument, Control, and Sampling Pipe and Components
Under Sec. 192.203(b)(2), each takeoff line must have a shutoff
valve as near as practicable to the point of takeoff. RSPA proposed an
exception for takeoff lines on pressure regulators when the lines can
be isolated by other valves from their source of pressure.
Eleven TPSSC members voted for the proposal, one voted against it,
two members supported it with a recommended change, and one abstained.
The two members recommended that we also except instrument control
lines that are capable of being isolated from their source of pressure.
Although the industry's use of isolatable regulators gave rise to
the proposed rule change, isolation of a takeoff line from its pressure
sources applies to any takeoff line capable of such isolation, not just
takeoff lines on regulators. Therefore, the final rule excepts any
takeoff line capable of being isolated from its sources of pressure.
Thus, the term ``takeoff line'' includes instrument control lines that
are designed as takeoff lines.
RSPA received 13 public comments, all in favor of changing the
regulation. One of these commenters offered a rewording intended to
broaden the regulation to include control lines at both measuring and
regulating stations. As explained above, such control lines will be
covered by the exception when they are takeoff lines capable of
isolation from their sources of pressure.
Section 192.227, Qualification of Welders, and Sec. 192.229,
Limitations on Welders
Welders qualified to weld on pipe to be operated at any hoop stress
(Sec. 192.227(a)) must requalify every 6 months (Sec. 192.229(c)).
However, welders qualified to weld only on pipe to be operated at low
hoop stress (less than 20 percent of SMYS) need only requalify once a
year (Sec. 192.227(b)), and the requalification requirements are less
comprehensive than those for other welders.
RSPA proposed to revise Secs. 192.227 and 192.229 to allow welders
initially qualified for any hoop stress level, but who weld only on
pipe to be operated at low hoop stress, to requalify under the low-
stress requirements. Such welders would then not be permitted to weld
on pipe to be operated at 20 percent or more of SMYS unless they again
qualify under Sec. 192.227(a).
Twelve TPSSC members voted for and one against the proposed
revision of Sec. 192.227, and two abstained. The TPSSC members' vote on
Sec. 192.229 was the same as on Sec. 192.227. Eight pipeline operators
and two pipeline-related associations also agreed with the proposal.
A commenter suggested that the final rule make clear that either
existing Sec. 192.229(c) or Sec. 192.227(b) can be used to requalify
welders to weld on pipe to be operated at less than 20 percent of SMYS.
RSPA adopted the substance of this comment by adding a sentence
concerning low stress requalification to the final Sec. 192.229(c).
The commenter who opposed the proposal claimed that qualification
under Secs. 192.227(a) and (b) is inadequate. However, RSPA finds no
justification for this claim. Section 192.227 became effective in
February 1970. Our accident data in the intervening 26 years have not
indicated that field welding of steel materials in pipelines presents a
significant safety problem.
In the final rules, proposed Sec. 192.227(c) is redesignated as
Sec. 192.229(d). Thus, all requalification requirements appear in one
section.
Section 192.241, Inspection and Test of Welds
Section 192.241 requires inspection and test of welds on steel
materials in pipelines, except welds made during the manufacture of
pipe and pipeline components. Under existing Sec. 192.241(c) and
appendix A to part 192, the acceptability of a weld that is
nondestructively tested or visually inspected is determined according
to the standards in section 6 of API Standard 1104 (17th edition).
The Appendix of API Standard 1104, which is based on fracture
mechanics principles, provides more detailed acceptance standards for
weld flaws than the criteria in section 6 of API Standard 1104. RSPA
proposed to amend Sec. 192.241(c) to permit use of the Appendix as an
alternative acceptance standard for girth weld flaws, except welds
unacceptable because of a crack.
Eleven TPSSC members voted for the proposal, three members
supported it with a recommended change and one abstained. The three
members suggested that the word ``flaw'' be changed to ``defect''.
In existing Sec. 192.241, neither the word ``flaw'' nor ``defect''
is used. The rule is written in terms of weld acceptability. Therefore,
in response to the comments of the TPSSC members, the final rule is
written without using either ``flaw'' or ``defect.''
Eleven pipeline operators and three pipeline-related associations
agreed with the proposed change. Only one commenter was opposed to
allowing use of the Appendix of API Standard 1104. This commenter was
concerned that industry inspection personnel may not be qualified to
apply the complicated engineering criteria found in the Appendix. On
the contrary, personnel who would use the Appendix must be able to
apply it correctly. Under Secs. 192.243(b) and (c), operators must
ensure that nondestructive testing is performed in accordance with
written procedures by persons who have been properly trained and
qualified.
The final rule indicates that use of the Appendix is restricted to
girth welds to which the Appendix applies. For example, as Section A.1
of the Appendix provides, welds used to connect fittings and valves are
not covered. Also, the Appendix applies only to girth welds between
pipe of equal nominal wall thickness.
Section 192.243, Nondestructive Testing
For pipelines subject to nondestructive testing under part 192,
Sec. 192.243(d)(4) requires such testing for all field butt welds at
pipeline tie-ins. RSPA proposed to amend Sec. 192.243(d)(4) to add the
phrase ``including tie-ins of replacement sections.'' This change was
meant to clarify that tie-ins occur in pipeline
[[Page 28777]]
replacement, as well as in new construction.
Fourteen TPSSC members voted for the proposal and one abstained.
Comments were received from five pipeline operators and one
pipeline-related association, and all favored the proposed rule change.
Section 192.243 is amended as proposed in the NPRM.
Section 192.281, Plastic Pipe
This rule establishes standards governing the joining of plastic
pipe. RSPA proposed to revise Sec. 192.281(c), which applies to heat-
fusion joints, to cover electrofusion, a method of heat-fusion joining.
The proposal was that electrofusion joints must be made with equipment
and techniques expressly prescribed by the fittings manufacturer.
Thirteen TPSSC members voted for the proposal, one member supported
it with a recommended change, and one abstained. The recommended change
was that ``or the equivalent'' be added so that operators could use
equipment and techniques equivalent to that prescribed by fittings
manufacturers.
RSPA received 15 comments on the proposed change to
Sec. 192.281(c). Eleven commenters fully or partially agreed with the
proposed rule, while four commenters objected. A commenter who
partially agreed recommended that electrofusion be specifically
addressed in Sec. 192.285. However, RSPA finds that step unnecessary
because electrofusion is a type of heat fusion, and heat fusion is
covered by Sec. 192.285(b)(2).
The objections focused on RSPA's proposal that operators must use
``equipment and techniques expressly prescribed by the fittings
manufacturer.'' One commenter said that electrofusion equipment is
expensive and that most electrofusion fittings can be installed only by
using the fittings manufacturer's equipment. As a result, most
operators have only a single source of electrofusion fittings. However,
the commenter stated that electrofusion equipment under development
will allow the installation of several different brands of
electrofusion fittings, and that those additional sources would
encourage competitive pricing. Other operators argued they should not
be denied the use of procedures and equipment not expressly prescribed
by the fittings manufacturer, as long as the procedures are qualified
for use under Sec. 192.283.
Since the proposal was intended to relax the current regulatory
requirement, RSPA accepts the recommendations that operators should
have latitude in choosing equipment and techniques for use in
electrofusion joining. We have adopted a slight revision of the wording
proposed by three pipeline operators and one pipeline-related
association. This wording meets the ``or the equivalent''
recommendation made by the TPSSC member. Additionally, this wording
responds to the commenter's concern that the proposed wording would
deter competitive pricing. The adopted wording requires that the joints
be joined using equipment and techniques of the fittings manufacturer
or equipment and techniques shown, by testing to certain criteria of
ASTM Designation F1055, ``Standard Specification for Electrofusion Type
Polyethylene Fittings for Outside Diameter Controlled Polyethylene Pipe
and Tubing,'' to be at least equivalent to those of the fittings
manufacturer. The ASTM criteria are those adopted under the next
heading for qualifying electrofusion joining procedures.
Section 192.283, Plastic Pipe: Qualifying Joining Procedures
Section 192.283 prescribes criteria for qualifying procedures used
to join plastic pipe. RSPA proposed to amend this section by adding
more appropriate criteria for procedures used to join polyethylene
plastic pipe by electrofusion. The proposed criteria are contained in
certain sections of ASTM Designation F1055 (1987 edition).
Fourteen TPSSC members voted for the proposal and one member
abstained.
RSPA received eight comments on the proposal: seven from pipeline
operators and one from a pipeline-related association. Seven commenters
supported the proposal. But one opposed it, saying that the proposal
should be withdrawn or rewritten to accept any procedure that
demonstrates a suitable quality of joint. We believe, however, that
allowing operators to judge the quality of an electrofusion joint
without applying a recognized safety standard would be unacceptable.
Because of the failure risk of plastic pipe joints, the present rule
requires heat fusion joining methods to be qualified under generally
recognized voluntary standards, ASTM D2513 and ASTM D2517. In the
absence of safety data to the contrary, as a heat fusion method,
electrofusion procedures should likewise be qualified under an
appropriate recognized standard. Accordingly, proposed
Sec. 192.283(a)(iii) is adopted as final. However, the proposed
reference to the 1987 edition of ASTM Designation F1055 is updated to
the 1995 edition, as shown by the revisions to Appendix A of part 192
(see below). And the referenced title of paragraph 9.4 is corrected to
read ``Joint Integrity Tests.''
Sections 192.317(a), Protection From Hazards
This section requires that gas transmission lines and mains be
protected from washouts, floods, unstable soil, landslides, or other
hazards that may cause the pipeline to move or sustain abnormal loads.
Additionally, offshore pipelines must be protected from damage by mud
slides, water currents, hurricanes, ship anchors, and fishing
operations. RSPA recognized that in areas susceptible to these hazards,
such as offshore pipelines in areas where hurricanes usually pass,
complete protection against the hazards may not be feasible. We,
therefore, proposed to change the regulation to require that in
construction of transmission lines and mains, operators ``take all
practicable steps to protect'' the pipeline against the cited hazards.
Eleven TPSSC members voted for the proposal, one member supported
it with a recommended change, two members were opposed and one member
abstained. The two members who opposed it said that ``all practicable
steps to protect'' would be difficult to interpret.
Comments were received from seven pipeline operators and two
pipeline-related associations. All commenters gave their full or
qualified approval.
RSPA has issued the final rule as proposed in the NPRM. The ``all
practicable steps to protect'' wording was left in the rule to allow
operators flexibility in compliance; any tightening of this performance
wording would diminish that flexibility. RSPA will interpret or apply
the rule in light of customary pipeline design and construction
practices in the industry.
Secs. 192.319(c) and 192.327(e), Offshore Pipe in the Gulf of Mexico
and Its Inlets
Under Sec. 192.612, operators had to inspect gas pipelines in the
Gulf of Mexico and its inlets in waters up to 15 feet deep. If the
pipelines were found exposed or to be a hazard to navigation (i.e.,
buried less than 12 inches below the seabed), the operator had to bury
them to a depth of 36 inches in soil or 18 inches in rock.
The part 192 review disclosed that Secs. 192.319(c) and 192.327(e),
which govern the installation of pipe offshore, are incompatible with
the objectives of Sec. 192.612. In water between 12 and 200 feet deep,
Sec. 192.319(c) permits pipe to be installed at or above the natural
bottom. And in water less than 12 feet deep, in certain circumstances
Sec. 192.327(e) permits pipe to be buried less than 36 inches in soil
or 18 inches
[[Page 28778]]
in rock. RSPA proposed to amend Secs. 192.319(c) and 192.327(e) to
require that when pipe is installed offshore in the Gulf of Mexico and
its inlets, the pipe must be installed consistent with the burial
standards of Sec. 192.612.
Thirteen TPSSC members voted for the proposal, one member supported
it with a recommended change, and one abstained. One member supported
the proposal but recommended rewording and rearrangement for clarity,
and that Sec. 192.319(c) be moved to Sec. 192.327.
Seven operators and four pipeline-related associations supported
the proposed changes to Secs. 192.319(c) and 192.327(e). However, five
commenters recommended wording changes and rearrangement for clarity,
and five commenters suggested that Sec. 192.319(c) be moved to
Sec. 192.327. In light of the recommendations, RSPA has clarified the
final rule text, as set forth below.
One pipeline-related association opposed the proposal. It
maintained that pipe installed in water between 12 and 15 feet deep
with less than 12 inches of cover (now acceptable under Sec. 192.319(c)
but not Sec. 192.612) might not be an actual hazard to navigation. But
the proposal concerned the inconsistency of Sec. 192.612 with other
pipeline safety rules, a problem that can be resolved without reopening
the question of what is a ``hazard to navigation'' in the Gulf of
Mexico and its inlets. A ``hazard to navigation'' is defined in
Sec. 192.3 to mean ``a pipeline where the top of the pipe is less than
12 inches below the seabed in water less than 15 feet deep, as measured
from the mean low water.'' This definition was adopted in the
proceeding on Sec. 192.612 (Docket No. PS-120). Any remaining
controversy over the definition may be raised by submitting a petition
for rulemaking under 49 CFR part 106.
Section 192.321, Installation of Plastic Pipe; and Sec. 192.375,
Service Lines: Plastic
Section 192.321(a) requires that plastic pipe be installed below
ground level. RSPA proposed to allow the temporary use of uncased
(i.e., not encased) plastic pipe above ground level under certain
conditions. The proposed conditions limited the use to (1) 30 days; (2)
locations where the pipe is unlikely to be damaged (or is protected
from damage) by external forces; (3) pipe that is resistant to the
exposure to ultraviolet light and temperature extremes; and (4) pipe
that has not been previously used above ground level.
Nine TPSSC members voted for the proposal, one against, three
members supported it with a recommended change, and two abstained. The
recommended changes were similar to those made by the commenters as
discussed below.
RSPA received 18 comments on this proposal. Each commenter agreed
partially with the proposed rule. Some commenters said the current rule
should be amended to permit the permanent use of plastic above ground
when the pipe is encased in steel conduit. However, since the proposal
concerned only temporary usage, this comment was not adopted in the
final rule.
Many commenters argued that the 30-day period would be too brief.
They suggested a longer period, such as 60 or 90 days, in view of the
time it may take to complete a permanent installation. They cited the
time associated with planning, obtaining governmental permits,
acquiring easements, engaging contractors, competing work demands, and
other unforeseen events. Several commenters suggested that no specific
time limit be defined and that performance language be used.
Commenters also maintained that the proposed prohibition against
the subsequent reuse of plastic pipe above ground level is not
justified, since commercially available plastic pipe can be exposed to
ultraviolet light for at least 2 years with no degradation of its
properties. These commenters argued that the rule should permit reuse
of plastic pipe provided such use does not exceed the pipe
manufacturer's exposure limits.
RSPA agrees that in most cases 30 days may not be enough time for
operators to take full advantage of a temporary aboveground plastic
pipe installation. In a recent waiver of Sec. 192.321(a), we allowed
the applicant to install plastic pipe above ground for a time that does
not exceed the manufacturer's recommended maximum period of exposure
(60 FR 55752; Nov. 2, 1995). Although commenters indicated that
extending the limit to 2 years might not adversely affect pipeline
safety, we are not certain 2 years would be safe for all plastic
materials. Some pipe manufacturers may recommend less exposure time.
Therefore, we have chosen the manufacturer's recommended maximum period
of exposure but not longer than 2 years as the limit on the temporary
use of plastic pipe above ground. If a manufacturer has no recommended
maximum exposure period, then the limit would be 2 years. RSPA does not
believe a performance standard would provide a suitable time limit,
because the safe service life of plastic pipe exposed above ground is
too uncertain.
RSPA agrees that the final rule should not unduly hinder the use of
plastic pipe. Thus, the proposed ban on reusing plastic pipe above
ground level does not appear justified. The final rule permits
cumulative aboveground use for the manufacturer's recommended maximum
period of exposure but not longer than 2 years, provided the operator
can demonstrate the cumulative time of aboveground use. In monitoring
compliance, RSPA will consider credible evidence that demonstrates
cumulative time of use, such as business records, work orders, or
affidavits related to the pipe concerned.
RSPA recognized that the changes to Sec. 192.321 affected only
plastic mains and transmission lines. However, the need for these
changes applies as well to plastic service lines. As with transmission
lines and mains, in some situations operators may be able to save
material and construction costs of service lines located outside
buildings by temporarily installing the lines above ground. Thus,
Sec. 192.375(a), which requires that plastic service lines outside
buildings be installed below ground, is revised to allow temporary
aboveground installations in accordance with Sec. 192.321(g).
Section 192.455, External Corrosion Control: Buried or Submerged
Pipelines Installed After July 31, 1971
Under Sec. 192.455(a)(2), a pipeline must have a cathodic
protection system designed to protect the pipeline in its entirety.
RSPA proposed to remove the phrase ``in its entirety'' because it is
unnecessary to convey the meaning of the rule, and some operators have
incorrectly assumed that pipeline casings also must be protected.
In addition, Sec. 192.455(f)(1) exempts from corrosion control
requirements certain metal fittings in plastic pipelines if the fitting
is protected against corrosion by alloyage. RSPA recognized that the
word ``alloyage'' is not in common usage and proposed its replacement
with ``alloy composition'' to improve understanding.
Twelve TPSSC members voted for the proposal, two members supported
it with a recommended change and one abstained. The two members
recommended that in proposed paragraph (f)(1), the term ``corrosion
resistance'' be replaced by ``corrosion control,'' which is the term
used in the existing rule and throughout subpart I. RSPA has made this
replacement in the final rule.
Comments were received from six pipeline operators and one
pipeline-related association. Six commenters gave their full approval
and the seventh was noncommittal. Therefore, except for the previously
discussed wording
[[Page 28779]]
changes, Sec. 192.455 is adopted as proposed in the NPRM.
Section 192.475, Internal Corrosion Control: General.
Section 192.475(c) limits the hydrogen sulfide content of natural
gas stored in pipe-type or bottle-type holders to 0.1 grain per 100
standard cubic feet of gas. An operator proposed that this rule be
relaxed to allow a concentration of 0.25 grain per 100 standard cubic
feet of gas. Because the 0.25 limit is within customary industry
contract limits and is still lower than maximum allowable safe limits
set by other government agencies, RSPA proposed to increase the
allowable hydrogen sulfide limit in gas to be stored in pipe-type and
bottle-type holders to 0.25 grain per 100 standard cubic feet of gas.
This action would lower the cost of processing natural gas that
contains small quantities of hydrogen sulfide.
Thirteen TPSSC members voted for the proposal, one against, and one
member abstained.
Seven commenters supported the proposed change. No commenters
opposed the change. One state agency suggested that hydrogen sulfide
levels be expressed in parts per million in addition to grains per 100
standard cubic feet of gas. The NAPSR report also made this
recommendation, and all comments on the subject were supportive. RSPA
agrees the allowable level should be stated in parts per million and
has included this designation in the final rule.
Section 192.485, Remedial Measures: Transmission Lines
RSPA's review of Sec. 192.485, which prescribes remedial measures
for corroded transmission lines, disclosed that many operators need
guidance on how to determine the remaining strength of corroded pipe.
RSPA proposed to provide this guidance by referencing ASME B31G Manual
for Determining the Remaining Strength of Corroded Pipelines in a new
Sec. 192.485(c).
Fourteen TPSSC members voted for the proposal and one member
abstained.
Comments relevant to proposed Sec. 192.485(c) were received from 10
pipeline operators and two pipeline-related associations. Six
commenters gave their full or partial support. Another six said the
proposal was unnecessarily restrictive because it did not allow the use
of other proven industry-developed methods for determining the
remaining strength of corroded pipelines.
The most noteworthy method mentioned was the method in the American
Gas Association (AGA) report for Project PR 3-805, ``A Modified
Criterion for Evaluating the Remaining Strength of Corroded Pipe,''
(December 22, 1989; AGA catalog No. L51609). Project PR 3-805 was
undertaken to devise a criterion that, while still assuring adequate
pipeline integrity, would eliminate, as much as possible, the excess
conservatism embodied in the ASME B31G Manual. For a complex analysis,
the modified criterion can be applied by using a computer program
called RSTRENG, which is furnished with the report. The modified
criterion can also be applied with a long-hand equation, or if a
simplified analysis is preferred, with tables or curves.
Evaluating the strength of corroded pipe by procedures in ASME B31G
or the associated AGA report is subject to the limitations specified in
the procedures. For example, the procedures are not appropriate for
determining the ability of pipe to withstand stresses other than stress
from internal pressure. Thus, if corroded pipe is under significant
secondary stress (e.g., bending stress), an additional method must be
used to determine the pipe's remaining strength.
The NAPSR report recommended amending Sec. 192.483 to require the
use of appropriate guides, such as those published by ASME and the Gas
Piping Technology Committee, whenever the remaining strength of
corroded pipelines must be determined. The majority of commenters who
addressed this NAPSR recommendation opposed mandatory use of the
guides. They said operators should retain the flexibility to decide
when calculations under the guides are necessary. Even those commenters
who supported the recommendation thought the rule should permit the use
of other valid methods.
After considering the comments on proposed Sec. 192.485(c) and the
NAPSR recommendation, we believe the NAPSR recommendation would be
unduly restrictive. Operators are now free to use any valid method to
determine the remaining strength of corroded pipe, and we see no
compelling reason to restrain this flexibility. The NPRM simply
proposed to reference guidance documents that are generally available
for operators to use at their discretion. Moreover, the proposal was
written in a permissive sense to assist, but not restrict, operator
decision-making. So we have amended the regulation essentially as
proposed, but referenced both ASME B31G and the AGA report, with
RSTRENG, to expand the information provided.
Section 192.491, Corrosion Control Records
Under Sec. 192.491(a), operators must maintain records or maps
showing the location of cathodically protected piping, cathodic
protection facilities, other than unrecorded anodes installed before
August 1, 1971, and neighboring structures bonded to the cathodic
protection system. RSPA proposed to amend this requirement to relieve
operators of the burden of making precise field measurements and
preparing and maintaining records or maps showing the specific location
of millions of individual anodes.
The TPSSC members voted unanimously for the proposal.
Comments on proposed Sec. 192.491(a) were received from six
pipeline operators, two pipeline-related associations, and one state
agency. Eight commenters expressed their full or partial support with
one commenter opposed. RSPA has accepted the recommendation of two
operators that in the second sentence of proposed paragraph (a), the
phrase ``Records and maps * * *'' should, for consistency with the rest
of this section, be changed to ``Records or maps * * *.''
Section 192.491(b)(2) requires that operators retain records of
corrosion control tests, surveys, and inspections for ``as long as the
pipeline remains in service.'' RSPA proposed to reduce this retention
period to at least 5 years for many records, because 5 years was
thought to be adequate for compliance investigations and analysis of
possible corrosion problems.
The proposal did not, however, extend to records under
Secs. 192.465 (a) and (e) and 192.475(b). These records relate to tests
and inspections to determine the adequacy of, or need for, external and
internal protection on existing lines. RSPA felt strongly that these
records should continue to be kept for the service life of the
pipeline, because they provide a valuable database for use in assessing
corrosion problems.
The TPSSC unanimously supported the proposal.
Three pipeline-related associations, 10 operators, and one state
agency commented on the proposal. Four of these commenters agreed with
the proposal as written; the rest qualified their support by
recommending changes.
Five commenters, including two pipeline-related associations and a
state agency, were not persuaded of the importance of keeping records
of
[[Page 28780]]
corrosion monitoring under Sec. 192.465 for the life of the pipe. Most
of these commenters declared that 5 years would be adequate, but did
not explain why a longer period is excessive. Lacking any convincing
documentation to the contrary, RSPA believes the current rule should
stay in effect. In our experience, a history of corrosion monitoring
sheds light on the possible causes of a pipeline's condition. Such
history has proven to be a valuable resource in deciding the extent and
kind of remedial action needed when corrosion problems emerge on a
pipeline.
Regarding the proposed 5-year retention time for records other than
those required by Secs. 192.465 (a) and (e) and 192.475(b), two
commenters said the minimum time should be 3 years to coincide with the
longest interval between inspections. Two others suggested that instead
of a set time, we adopt a performance standard for record retention,
basing it on the time needed to observe trends, inquire into
compliance, or collect superseding data. All these comments provide a
reasonable basis for record retention. However, our main concern is
that operators keep records for a period that is compatible with the
occurrence of routine compliance investigations. Therefore, for
simplicity and uniformity, we have decided to adopt the proposed 5-year
minimum retention time.
The state agency that commented objected to the 5-year proposal on
grounds that it would sacrifice information about why external or
atmospheric corrosion control was not installed on pipelines under
Secs. 192.455, 192.457, and 192.479. RSPA believes the loss of this
information after 5 years would not be significant, because the
pipelines involved are covered by requirements for periodic inspections
or tests for corrosion under Secs. 192.465 and 192.481.
Section 192.553, General Requirements
(See previous discussion under Sec. 192.14).
Section 192.607, Determination of Class Location and Maximum Allowable
Operating Pressure
Because Sec. 192.607 has no continuing effect and the deadlines for
compliance have expired, RSPA proposed to remove Sec. 192.607 from part
192.
Fourteen TPSSC members voted for the proposal and one member
abstained.
Five operators, one pipeline-related association, and one state
agency commented on the proposed removal of Sec. 192.607. Four
operators and the association favored the idea. One operator and the
state agency disagreed with removal, believing the rule is needed to
tie a pipeline's maximum allowable operating pressure (MAOP) to its
class location. Similarly, the NAPSR report recommended that we only
remove the past compliance deadlines from Sec. 192.607, leaving the
rest of the rule in place to regulate the relation of class location to
stress level on high-stress pipelines.
Section 192.607 was a transitional requirement. Its purpose was to
establish plans under which operators initially determined class
locations and confirmed or revised the MAOPs of their high-stress
pipelines commensurate with their class locations. Section 192.607
provides that the plans had to be executed in accordance with
Sec. 192.611. This latter section together with Sec. 192.609 are
sufficient to require that operators have up-to-date class location
determinations for high-stress pipelines, and maintain the MAOPs of
those lines commensurate with their class locations.
Accordingly, Sec. 192.607 is removed from part 192.
Section 192.611, Change in Class Location
Section 192.611 requires confirmation or revision of a pipeline's
MAOP within 18 months after a change in class location. RSPA proposed
to reorganize Sec. 192.611 to clarify the requirement that the MAOP
resulting from confirmation or revision may not exceed the pipeline's
previous MAOP. This requirement is currently set forth in
Sec. 192.611(a)(3)(ii), suggesting that it applies only to
confirmations or revisions under paragraph (a)(3), which is not the
intent.
Fourteen TPSSC members voted for the proposal and one member
abstained.
Five operators and one pipeline-related association commented on
the proposal; each agreed with the proposal. Section 192.611 is,
therefore, adopted as proposed in the NPRM.
Section 192.614, Damage Prevention Program
To decrease excavation damage to pipelines, Sec. 192.614(b)(2)
requires operators to notify excavators and the public about the need
to locate buried pipelines before excavating. The NPRM proposed to
amend the rule to clarify that in contrast to the actual notification
required for excavators, only general notification is required for the
public. General notice can be given through newspapers, radio,
television, or other means of mass communication, as appropriate for
the public in the vicinity of the pipeline.
Fourteen TPSSC members voted for the proposal and one member
abstained.
Six pipeline operators and two pipeline-related organizations
commented. Seven commenters gave their full or qualified approval and
one commenter opposed the proposal. The qualified and negative comments
were that the rule should inform operators of the acceptable means of
notification. We do not feel it is necessary for the rule to do so,
however, because the available means of giving general public notice
are well known. The amendment to paragraph (b)(2) is adopted as
proposed.
Section 192.619, Maximum Allowable Operating Pressure: Steel or Plastic
Pipelines
Section 192.619(a) prescribes six pressure limits for use in
FR Doc. 96-13787 Regulatory Review; Gas Pipeline Safety Standards
determining the MAOP of steel and plastic pipelines, the lowest of
which establishes the MAOP. Paragraph (a)(4) limits the MAOP of furnace
butt welded pipe to 60 percent of the mill test pressure. Paragraph
(a)(5) limits the MAOP of other steel pipe to 85 percent of the highest
test pressure to which the pipe has been subjected, whether by mill
test or by the post installation test.
RSPA proposed to repeal paragraphs (a)(4) and (a)(5), primarily
because mill tests are not an adequate MAOP consideration. However, to
assure consideration of longitudinal joint efficiency, RSPA also
proposed, in paragraph (a)(2)(iii), that the class location pressure
limit under existing paragraph (a)(2)(ii) be reduced for furnace butt
welded pipe and lap welded pipe.
Eleven TPSSC members voted for the proposal, one member supported
it with a recommended change, two members opposed it, and one
abstained. A member recommended that RSPA not adopt proposed paragraph
(a)(2)(iii) because design pressure (under paragraph (a)(1)) adequately
covers longitudinal joint concerns.
RSPA concurs with this view as explained below in response to
public comment.
Thirteen operators, four pipeline-related associations, and one
state agency commented on the proposed amendment. Two operators, one
pipeline-related association, and one state agency commented that
proposed paragraph (a)(2)(iii) could require operators to reduce the
operating pressure of some pipelines or test them to higher pressures
than they previously were tested, possibly damaging the pipelines. In
addition, some commenters stated that proposed paragraph (a)(2)(iii)
would duplicate use of longitudinal joint factors.
[[Page 28781]]
Upon further consideration of our joint efficiency concern, RSPA
concurs with these comments. Further, RSPA has no data showing that
pipelines covered by proposed paragraph (a)(2)(iii) pose a risk that
warrants pressure reduction or retesting. Therefore, although the final
rule repeals paragraphs (a)(4) and (a)(5) as proposed, proposed
paragraph (a)(2)(iii) is not adopted.
Section 192.625, Odorization of Gas
Section 192.619(f) requires operators to conduct periodic samplings
of gas to assure the proper concentration of odorant. Based on a
suggestion by the Oregon Public Utility Commission, the NPRM proposed
to allow operators of master meter systems to comply with this sampling
requirement by (1) receiving written verification from their gas
supplier that odorant meets the required concentration, and (2)
conducting periodic sniff tests at system extremities to confirm that
the gas contains odorant.
Thirteen TPSSC members voted for the proposal, one against, and one
member abstained.
Comments were received from eight pipeline operators, two pipeline-
related associations, a mobile home association, and a consultant. One
commenter favored the proposal and 11 commenters opposed it. Commenters
opposing the proposal argued that (1) gas from a transmission line may
be unodorized; (2) gas suppliers may be unwilling to provide written
verification of odorization levels because of potential legal liability
and the increased burden of providing the written verifications; (3)
the frequencies of sniff tests and written verifications are unclear;
and (4) the proposal would relax odorant monitoring requirements on gas
systems which, in general, have a relatively high leakage rate.
The purpose of the proposal was to ease the sampling requirement
for operators of master meter systems, who largely do not have the
training or resources to adequately carry out the requirement. The
alternative of getting written verifications and conducting sniff tests
should be much less burdensome than purchasing, maintaining, and using
an odorometer or contracting for odorant testing.
We do not feel this potential advantage is outweighed by any of the
negative considerations the commenters raised. First of all, most
master meter system operators purchase odorized gas from local
distribution companies. Although some operators may receive unodorized
gas from transmission lines and have to odorize the gas themselves,
this situation does not warrant rejecting the proposed alternative.
Those operators who receive unodorized gas simply would not be able to
take advantage of the alternative. Similarly, operators could not take
advantage of the alternative if their gas suppliers are unwilling to
provide requested verifications of odorant level. But again this
difficulty is no reason to deny the alternative to other operators.
Regarding the frequency of verifications and sniff tests, the proposal
called for an initial written verification from the gas supplier and
periodic sniff tests thereafter. As with periodic sampling, the
frequency of sniff tests would depend on the performance history of
odorization in the system: the longer the period of satisfactory
odorization, the longer the period between tests to assure proper
odorant levels. Testing details would be specified in the operator's
operations and maintenance manual under Sec. 192.605 and reviewed for
adequacy by government inspectors. Finally, the charge that master
meter systems have a high leakage rate was unsupported. In a 1984
report, ``Exercise of Jurisdiction Over Master Meter Gas Operators,''
RSPA concluded that master meter systems probably have a small leakage
rate in comparison to the leakage rate of utility distribution systems.
And more recent safety data continue to substantiate that conclusion.
Therefore, after weighing the comments and favorable TPSSC vote, we
have decided to amend Sec. 192.625(f) as proposed.
Section 192.705, Transmission Lines: Patrolling
Operators of transmission lines must patrol their rights-of-way for
indications of certain adverse conditions. Because of repeated
questions about whether patrols may be done from the air, RSPA proposed
to change Sec. 192.705 to include aerial patrols as an optional method
of compliance.
Fourteen TPSSC members voted for the proposal and one abstained.
Six operators and one pipeline-related association commented on the
proposal. All but two of these commenters agreed with the proposal. One
commenter that disagreed said a list of methods of compliance might be
considered exclusive, thus disallowing other appropriate methods. The
other commenter that disagreed thought the rule change unnecessary.
RSPA believes the phrase ``or other appropriate means of traversing
the right-of-way'' in the proposed and final rule eliminates any chance
the list of compliance methods might be considered exclusive. Also, the
need for the rule change is based on RSPA's experience in explaining
the meaning of ``patrol'' under Sec. 192.705. The change to
Sec. 192.705 is, therefore, adopted as proposed.
Section 192.709, Transmission Lines: Record Keeping
Section 192.709 requires operators to keep various records about
transmission lines for as long as the line remains in service. RSPA
proposed a shorter retention span that would not affect the usefulness
of records in determining an operator's level of compliance effort or
in constructing the history of an accident or safety problem. RSPA
proposed a minimum 5-year retention period for records of patrols,
surveys, inspections, and tests, and a 1-year retention period for
records of repairs on facilities other than pipe. We also proposed to
clarify the information to be recorded.
Ten TPSSC members voted for the proposal, three members supported
it with a recommended change, one member opposed it, and one abstained.
The recommended changes were that 5 years should be changed to 3-5
years or to 10 years, and that leaks and linebreaks should also be
recorded as the current Sec. 192.709 provides. The ``No'' vote was
predicated on an alleged need to keep records of repairs on valves,
compressors, and other non- pipe components for 3-5 years.
As with final Sec. 192.491(c), RSPA's main concern about non-pipe
records is that operators keep records for a minimum period that is
compatible with the occurrence of routine compliance investigations.
The suggested 3-5 years would not be long enough, and 10 years would be
excessive. Therefore, we have adopted the proposed 5-year minimum
period.
Repair records, as currently required, already provide information
about leaks and linebreaks. Thus, requirements to keep the records of
leaks and linebreaks were omitted from the proposed rule as unnecessary
in view of this existing requirement.
As for the ``No'' vote, RSPA has adopted this minority TPSSC
position as explained below in response to a comment by a state agency.
Eight operators, two pipeline-related associations, and one state
agency commented on the proposed changes to Sec. 192.709. Five of the
operators supported the proposal without suggesting any modification.
Two other operators suggested 3 years as an alternative to the
proposed 5-year minimum. But, as explained above, 3 years is
insufficient for compliance monitoring purposes.
[[Page 28782]]
One operator thought the words ``for the useful life of the pipe''
under proposed Sec. 192.709(a) could be misinterpreted. This commenter
suggested that instead we adopt the words used in Sec. 192.491(c):
``for as long as the pipeline remains in service.'' We agree that for
consistency the two sections should use similar wording to describe
similar record retention requirements. This comment was, therefore,
adopted in the final rule.
One pipeline-related association recommended that Sec. 192.709 be
like 49 CFR 195.404(c), which applies to hazardous liquid pipelines. We
did not adopt this comment because Sec. 195.404(c) specifies a 2-year
retention period for records of inspections and tests, a time we now
find to be insufficient for purposes of compliance investigations.
Otherwise the two sections are parallel. The other association
reiterated its previous comment, which we opposed as discussed above,
that record retention requirements should be performance based.
The state agency that commented objected to the proposed 1-year
retention time for non-pipe repairs, saying it was inconsistent with
the proposal to keep for at least 5 years records of inspections that
may show the need for repair. This commenter reasoned that an inspector
might not find any record showing the needed repair was made. RSPA
agrees that the two requirements should be congruent. Therefore, the
final rule requires that records of non-pipe repairs made as a result
of a required patrol, survey, inspection, or test be kept for the same
time required for records of such patrol, survey, inspection, or test.
Section 192.721, Distribution Systems: Patrolling
This section governs the frequency at which operators must patrol
mains in distribution systems. The regulation is written in performance
terms, except that mains located where anticipated movement or loading
could cause leakage must be patrolled at intervals not exceeding 4\1/2\
months, but at least four times a year. RSPA proposed a more moderate
patrol frequency of twice a year for such mains in Class 1 or 2
locations, in recognition of the lower risk in these less densely
populated locations.
Twelve TPSSC members voted for the proposal, one against, one
member supported it with a proposed change, and one abstained. The
member against the proposal said that separating requirements on the
basis of class locations is not always workable for distribution
systems. Our response to this minority view is given below following
similar comments by operators.
Four operators and two pipeline-related associations commented on
the proposal. Three of the operators and one association supported the
proposal, but the other operator and association thought class location
should not be used as a basis for patrol frequency in distribution
systems. One commenter suggested ``rural areas'' as an alternative to
Class 1 and 2 locations.
RSPA agrees that the class location concept is not easy to apply in
all distribution systems. Therefore, in the final rule, we have used
the term ``business district'' to represent areas of higher risk and
``outside business districts'' to represent areas of lower risk. A
similar classification method is already in place under Sec. 192.723
for leakage surveys in distribution systems. The new patrol requirement
matches that method. The term ``rural area'' was not adopted because it
lacks precedent in part 192.
Rulemaking Notices and Analyses
Paperwork Reduction Act
This Final Rule revises information collection requirements in part
192 that are subject to review by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995 (Pub. L. 104-13). The
following revised regulations reduce the existing paperwork burden by
28,326 hours:
Secs. 192.491 (a) and (b), ``Corrosion Control Records,''
reduces the paperwork burden by 22,486 hours by reducing the number of
records, the precision of the measurements, and the amount of time the
records must be kept.
Sec. 192.709, ``Transmission Lines; Record keeping,''
reduces the paperwork burden by 5,840 hours by reducing the amount of
time the records must be kept.
Persons are not required to respond to a collection of information
unless it displays a currently valid OMB control number. OMB has
approved the revised information collection requirements of part 192
through May 31, 1999 (OMB No. 2137-0049).
Executive Order 12866 and DOT Regulatory Policies and Procedures
OMB considers this final rule to be a significant regulatory action
under section 3(f) of Executive Order 12866. Therefore, OMB has
reviewed the final rule. Also, DOT considers the final rule to be
significant under its regulatory policies and procedures (44 FR 11034,
February 26, 1979).
A final regulatory evaluation has been prepared and is available in
the Docket. RSPA estimates the changes to existing rules will result in
savings of $33,000,000 a year, without associated costs and with no
adverse effect on safety. As discussed above, these savings come from
the use of new technology, greater flexibility in constructing,
maintaining, and operating pipelines, improved clarity, and the
elimination of burdensome requirements.
Regulatory Flexibility Act.
RSPA criteria for small companies or entities are those with less
than $1,000,000 in revenues and are independently owned and operated.
Few of the companies subject to this rulemaking meet these criteria.
Accordingly, based on the facts available concerning the impact of this
final rule, I certify under Section 605 of the Regulatory Flexibility
Act that this final rule will not have a significant economic impact on
a substantial number of small entities.
E. O. 12612
The final rule would not have substantial direct effects on states,
on the relationship between the Federal 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 (52 FR 41685; October 30,1987), RSPA has determined that the
final rule does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.
List of Subjects in 49 CFR Part 192
Incorporation by reference, Natural gas, Pipeline safety, Reporting
and recordkeeping requirements.
In consideration of the foregoing, RSPA amends 49 CFR part 192 as
follows:
PART 192--[AMENDED]
1. The authority citation for part 192 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, and 60118; 49 CFR 1.53.
2. In Sec. 192.1, paragraph (b)(1) is revised and paragraph (b)(4)
is added to read as follows:
Sec. 192.1 Scope of part.
* * * * *
(b) This part does not apply to:
(1) Offshore pipelines upstream from the outlet flange of each
facility where hydrocarbons are produced or where
[[Page 28783]]
produced hydrocarbons are first separated, dehydrated, or otherwise
processed, whichever facility is farther downstream;
* * * * *
(4) Any pipeline system that transports only petroleum gas or
petroleum gas/air mixtures to--
(i) Fewer than 10 customers, if no portion of the system is located
in a public place; or
(ii) A single customer, if the system is located entirely on the
customer's premises (no matter if a portion of the system is located in
a public place).
3. In Sec. 192.3, a definition of ``Petroleum gas'' is added and
the definition of ``Transmission line'' is revised to read as follows:
Sec. 192.3 Definitions.
* * * * *
Petroleum gas means propane, propylene, butane, (normal butane or
isobutanes), and butylene (including isomers), or mixtures composed
predominantly of these gases, having a vapor pressure not exceeding
1434 kPa (208 psig) at 38 deg.C (100 deg.F).
* * * * *
Transmission line means a pipeline, other than a gathering line,
that:
(a) Transports gas from a gathering line or storage facility to a
distribution center, storage facility, or large volume customer that is
not downstream from a distribution center;
(b) Operates at a hoop stress of 20 percent or more of SMYS; or
(c) Transports gas within a storage field. A large volume customer
may receive similar volumes of gas as a distribution center, and
includes factories, power plants, and institutional users of gas.
* * * * *
4. Section 192.5 is revised to read as follows:
Sec. 192.5 Class locations.
(a) This section classifies pipeline locations for purposes of this
part. The following criteria apply to classifications under this
section.
(1) A ``class location unit'' is an onshore area that extends 220
yards on either side of the centerline of any continuous 1- mile length
of pipeline.
(2) Each separate dwelling unit in a multiple dwelling unit
building is counted as a separate building intended for human
occupancy.
(b) Except as provided in paragraph (c) of this section, pipeline
locations are classified as follows:
(1) A Class 1 location is:
(i) An offshore area; or
(ii) Any class location unit that has 10 or fewer buildings
intended for human occupancy.
(2) A Class 2 location is any class location unit that has more
than 10 but fewer than 46 buildings intended for human occupancy.
(3) A Class 3 location is:
(i) Any class location unit that has 46 or more buildings intended
for human occupancy; or
(ii) An area where the pipeline lies within 100 yards of either a
building or a small, well-defined outside area (such as a playground,
recreation area, outdoor theater, or other place of public assembly)
that is occupied by 20 or more persons on at least 5 days a week for 10
weeks in any 12-month period. (The days and weeks need not be
consecutive.)
(4) A Class 4 location is any class location unit where buildings
with four or more stories above ground are prevalent.
(c) The length of Class locations 2, 3, and 4 may be adjusted as
follows:
(1) A Class 4 location ends 220 yards from the nearest building
with four or more stories above ground.
(2) When all buildings intended for human occupancy within a Class
2 or 3 location are in a single cluster, the class location ends 220
yards from the nearest building in the cluster.
5. Section 192.7(a) is revised to read as follows:
Sec. 192.7 Incorporation by reference.
(a) Any documents or portions thereof incorporated by reference in
this part are included in this part as though set out in full. When
only a portion of a document is referenced, the remainder is not
incorporated in this part.
* * * * *
6. Section 192.11 is revised to read as follows:
Sec. 192.11 Petroleum gas systems.
(a) Each plant that supplies petroleum gas by pipeline to a natural
gas distribution system must meet the requirements of this part and
ANSI/NFPA 58 and 59.
(b) Each pipeline system subject to this part that transports only
petroleum gas or petroleum gas/air mixtures must meet the requirements
of this part and of ANSI/NFPA 58 and 59.
(c) In the event of a conflict between this part and ANSI/NFPA 58
and 59, ANSI/NFPA 58 and 59 prevail.
7. Section 192.107(b)(1)(ii) is revised to read as follows:
Sec. 192.107 Yield strength (S) for steel pipe.
* * * * *
(b) * * *
(1) * * *
(ii) The lowest yield strength determined by the tensile tests.
* * * * *
8. Section 192.121 is revised to read as follows:
Sec. 192.121 Design of plastic pipe.
Subject to the limitations of Sec. 192.123, the design pressure for
plastic pipe is determined in accordance with either of the following
formulas:
[GRAPHIC] [TIFF OMITTED] TR06JN96.013
Where:
P=Design pressure, gauge, kPa (psig).
S=For thermoplastic pipe, the long-term hydrostatic strength determined
in accordance with the listed specification at a temperature equal to
23 deg.C (73 deg.F), 38 deg.C (100 deg.F), 49 deg.C (120 deg.F), or
60 deg.C (140 deg.F); for reinforced thermosetting plastic pipe, 75,842
kPa (11,000 psi).
t=Specified wall thickness, mm (in).
D=Specified outside diameter, mm (in).
SDR=Standard dimension ratio, the ratio of the average specified
outside diameter to the minimum specified wall thickness, corresponding
to a value from a common numbering system that was derived from the
American National Standards Institute preferred number series 10.
9. Section 192.123(b) is revised to read as follows:
Sec. 192.123 Design limitations for plastic pipe.
* * * * *
(b) * * *
(1) Below -29 deg.C (-20 deg.F), or -40 deg.C (-40 deg.F) if all
pipe and pipeline components whose operating temperature will be below
-29 deg.C (-20 deg.F) have a temperature rating by the manufacturer
consistent with that operating temperature; or
(2) Above the following applicable temperatures:
(i) For thermoplastic pipe, the temperature at which the long-term
hydrostatic strength used in the design formula under Sec. 192.121 is
determined. However, if the pipe was manufactured before May 18, 1978
and its long-term hydrostatic strength was determined at 23 deg.C
(73 deg.F), it may be used at temperatures up to 38 deg.C (100 deg.F).
(ii) For reinforced thermosetting plastic pipe, 66 deg.C
(150 deg.F).
* * * * *
[[Page 28784]]
10. The introductory text of Sec. 192.179(a) is revised to read as
follows:
Sec. 192.179 Transmission line valves.
(a) Each transmission line, other than offshore segments, must have
sectionalizing block valves spaced as follows, unless in a particular
case the Administrator finds that alternative spacing would provide an
equivalent level of safety:
* * * * *
11. Section 192.203(b)(2) is revised to read as follows:
Sec. 192.203 Instrument, control, and sampling pipe and components.
* * * * *
(b) * * *
(2) Except for takeoff lines that can be isolated from sources of
pressure by other valving, a shutoff valve must be installed in each
takeoff line as near as practicable to the point of takeoff. Blowdown
valves must be installed where necessary.
* * * * *
12. Section 192.227(b) is revised to read as follows:
Sec. 192.227 Qualification of welders.
* * * * *
(b) A welder may qualify to perform welding on pipe to be operated
at a pressure that produces a hoop stress of less than 20 percent of
SMYS by performing an acceptable test weld, for the process to be used,
under the test set forth in section I of Appendix C of this part. Each
welder who is to make a welded service line connection to a main must
first perform an acceptable test weld under section II of Appendix C of
this part as a requirement of the qualifying test.
13. In Sec. 192.229, paragraph (c) is revised and paragraph (d) is
added to read as follows:
Sec. 192.229 Limitations on welders.
* * * * *
(c) A welder qualified under Sec. 192.227(a)--
(1) May not weld on pipe to be operated at a pressure that produces
a hoop stress of 20 percent or more of SMYS unless within the preceding
6 calendar months the welder has had one weld tested and found
acceptable under section 3 or 6 of API Standard 1104, except that a
welder qualified under an earlier edition previously listed in Appendix
A of this part may weld but may not requalify under that earlier
edition; and
(2) May not weld on pipe to be operated at a pressure that produces
a hoop stress of less than 20 percent of SMYS unless the welder is
tested in accordance with paragraph (c)(1) of this section or
requalifies under paragraph (d)(1) or (d)(2) of this section.
(d) A welder qualified under Sec. 192.227(b) may not weld unless--
(1) Within the preceding 15 calendar months, but at least once each
calendar year, the welder has requalified under Sec. 192.227(b); or
(2) Within the preceding 7\1/2\ calendar months, but at least twice
each calendar year, the welder has had--
(i) A production weld cut out, tested, and found acceptable in
accordance with the qualifying test; or
(ii) For welders who work only on service lines 2 inches or smaller
in diameter, two sample welds tested and found acceptable in accordance
with the test in section III of Appendix C of this part.
14. Section 192.241(c) is revised to read as follows:
Sec. 192.241 Inspection and test of welds.
* * * * *
(c) The acceptability of a weld that is nondestructively tested or
visually inspected is determined according to the standards in section
6 of API Standard 1104. However, if a girth weld is unacceptable under
those standards for a reason other than a crack, and if the Appendix to
API Standard 1104 applies to the weld, the acceptability of the weld
may be further determined under that Appendix.
15. Section 192.243(d)(4) is revised to read as follows:
Sec. 192.243 Nondestructive testing.
* * * * *
(d) * * *
(4) At pipeline tie-ins, including tie-ins of replacement sections,
100 percent.
* * * * *
16. In Sec. 192.281, paragraph (c)(3) is redesignated as paragraph
(c)(4) and paragraph (c)(3) is added to read as follows:
Sec. 192.281 Plastic pipe.
* * * * *
(c) * * *
(3) An electrofusion joint must be joined utilizing the equipment
and techniques of the fittings manufacturer or equipment and techniques
shown, by testing joints to the requirements of
Sec. 192.283(a)(1)(iii), to be at least equivalent to those of the
fittings manufacturer.
* * * * *
17. In Sec. 192.283, the word ``or'' is removed from the end of
paragraph (a)(1)(i), paragraph (a)(1)(ii) is revised, and paragraph
(a)(1)(iii) is added to read as follows:
Sec. 192.283 Plastic pipe; qualifying joining procedures.
(a) * * *
(1) * * *
(ii) In the case of thermosetting plastic pipe, paragraph 8.5
(Minimum Hydrostatic Burst Pressure) or paragraph 8.9 (Sustained Static
Pressure Test) of ASTM D2517; or
(iii) In the case of electrofusion fittings for polyethylene pipe
and tubing, paragraph 9.1 (Minimum Hydraulic Burst Pressure Test),
paragraph 9.2 (Sustained Pressure Test), paragraph 9.3 (Tensile
Strength Test), or paragraph 9.4 (Joint Integrity Tests) of ASTM
Designation F1055.
* * * * *
18. Section 192.317(a) is revised to read as follows:
Sec. 192.317 Protection from hazards.
(a) The operator must take all practicable steps to protect each
transmission line or main from washouts, floods, unstable soil,
landslides, or other hazards that may cause the pipeline to move or to
sustain abnormal loads. In addition, the operator must take all
practicable steps to protect offshore pipelines from damage by mud
slides, water currents, hurricanes, ship anchors, and fishing
operations.
* * * * *
19. Section 192.319(c) is revised to read as follows:
Sec. 192.319 Installation of pipe in a ditch.
* * * * *
(c) All offshore pipe in water at least 12 feet deep but not more
than 200 feet deep, as measured from the mean low tide, except pipe in
the Gulf of Mexico and its inlets under 15 feet of water, must be
installed so that the top of the pipe is below the natural bottom
unless the pipe is supported by stanchions, held in place by anchors or
heavy concrete coating, or protected by an equivalent means. Pipe in
the Gulf of Mexico and its inlets under 15 feet of water must be
installed so that the top of the pipe is 36 inches below the seabed for
normal excavation or 18 inches for rock excavation.
20. In Sec. 192.321, paragraph (a) is revised and paragraph (g) is
added to read as follows:
Sec. 192.321 Installation of plastic pipe.
(a) Plastic pipe must be installed below ground level unless
otherwise permitted by paragraph (g) of this section.
* * * * *
(g) Uncased plastic pipe may be temporarily installed above ground
level under the following conditions:
[[Page 28785]]
(1) The operator must be able to demonstrate that the cumulative
aboveground exposure of the pipe does not exceed the manufacturer's
recommended maximum period of exposure or 2 years, whichever is less.
(2) The pipe either is located where damage by external forces is
unlikely or is otherwise protected against such damage.
(3) The pipe adequately resists exposure to ultraviolet light and
high and low temperatures.
21. In Sec. 192.327, the introductory text of paragraph (a) is
revised, paragraph (e) is revised, and paragraphs (f) and (g) are added
to read as follows:
Sec. 192.327 Cover.
* * * * *
(a) Except as provided in paragraphs (c), (e), (f), and (g) of this
section, each buried transmission line must be installed with a minimum
cover as follows:
* * * * *
(e) Except as provided in paragraph (c) of this section, all pipe
installed in a navigable river, stream, or harbor must be installed
with a minimum cover of 48 inches in soil or 24 inches in consolidated
rock between the top of the pipe and the natural bottom.
(f) All pipe installed offshore, except in the Gulf of Mexico and
its inlets, under water not more than 200 feet deep, as measured from
the mean low tide, must be installed as follows:
(1) Except as provided in paragraph (c) of this section, pipe under
water less than 12 feet deep, must be installed with a minimum cover of
36 inches in soil or 18 inches in consolidated rock between the top of
the pipe and the natural bottom.
(2) Pipe under water at least 12 feet deep must be installed so
that the top of the pipe is below the natural bottom, unless the pipe
is supported by stanchions, held in place by anchors or heavy concrete
coating, or protected by an equivalent means.
(g) All pipelines installed under water in the Gulf of Mexico and
its inlets, as defined in Sec. 192.3, must be installed in accordance
with Sec. 192.612(b)(3).
22. Section 192.375(a) is revised to read as follows:
Sec. 192.375 Service lines: Plastic.
(a) Each plastic service line outside a building must be installed
below ground level, except that--
(1) It may be installed in accordance with Sec. 192.321(g); and
(2) It may terminate above ground level and outside the building,
if--
(i) The above ground level part of the plastic service line is
protected against deterioration and external damage; and
(ii) The plastic service line is not used to support external
loads.
* * * * *
23. In Sec. 192.455, paragraphs (a)(2) and (f)(1) are revised to
read as follows:
Sec. 192.455 External corrosion control: Buried or submerged pipelines
installed after July 31, 1971.
(a) * * *
(2) It must have a cathodic protection system designed to protect
the pipeline in accordance with this subpart, installed and placed in
operation within 1 year after completion of construction.
* * * * *
(f) * * *
(1) For the size fitting to be used, an operator can show by test,
investigation, or experience in the area of application that adequate
corrosion control is provided by the alloy composition; and
* * * * *
24. Section 192.475(c) is revised to read as follows:
Sec. 192.475 Internal corrosion control: General.
* * * * *
(c) Gas containing more than 0.25 grain of hydrogen sulfide per 100
standard cubic feet (4 parts per million) may not be stored in pipe-
type or bottle-type holders.
25. Section 192.485(c) is added to read as follows:
Sec. 192.485 Remedial measures: Transmission lines.
* * * * *
(c) Under paragraphs (a) and (b) of this section, the strength of
pipe based on actual remaining wall thickness may be determined by the
procedure in ASME/ANSI B31G or the procedure in AGA Pipeline Research
Committee Project PR 3-805 (with RSTRENG disk). Both procedures apply
to corroded regions that do not penetrate the pipe wall, subject to the
limitations prescribed in the procedures.
26. Section 192.491 is revised to read as follows:
Sec. 192.491 Corrosion control records.
(a) Each operator shall maintain records or maps to show the
location of cathodically protected piping, cathodic protection
facilities, galvanic anodes, and neighboring structures bonded to the
cathodic protection system. Records or maps showing a stated number of
anodes, installed in a stated manner or spacing, need not show specific
distances to each buried anode.
(b) Each record or map required by paragraph (a) of this section
must be retained for as long as the pipeline remains in service.
(c) Each operator shall maintain a record of each test, survey, or
inspection required by this subpart in sufficient detail to demonstrate
the adequacy of corrosion control measures or that a corrosive
condition does not exist. These records must be retained for at least 5
years, except that records related to Secs. 192.465 (a) and (e) and
192.475(b) must be retained for as long as the pipeline remains in
service.
27. Section 192.553(d) is revised to read as follows:
Sec. 192.553 General requirements.
* * * * *
(d) Limitation on increase in maximum allowable operating pressure.
Except as provided in Sec. 192.555(c), a new maximum allowable
operating pressure established under this subpart may not exceed the
maximum that would be allowed under this part for a new segment of
pipeline constructed of the same materials in the same location.
However, when uprating a steel pipeline, if any variable necessary to
determine the design pressure under the design formula (Sec. 192.105)
is unknown, the MAOP may be increased as provided in
Sec. 192.619(a)(1).
Sec. 192.607 [Removed and reserved]
28. Section 192.607 is removed and reserved.
Sec. 192.611 [Amended]
29. In Sec. 192.611, paragraphs (b) and (c) are redesignated as (c)
and (d), respectively; paragraph (a)(3)(ii) is redesignated as
paragraph (b), and paragraph (a)(3)(iii) is redesignated as paragraph
(a)(3)(ii).
30. In Sec. 192.614, the introductory text of paragraph (b)(2) is
revised to read as follows:
Sec. 192.614 Damage prevention program.
* * * * *
(b) * * *
(2) Provide for general notification of the public in the vicinity
of the pipeline and actual notification of the persons identified in
paragraph (b)(1) of the following as often as needed to make them aware
of the damage prevention program:
* * * * *
31. In Sec. 192.619, paragraph (a)(1) is revised to read as
follows, paragraphs (a)(4) and (a)(5) are removed, paragraph (a)(6) is
redesignated as paragraph (a)(4), and paragraph (b) is amended by
removing ``(a)(6)'' and adding ``(a)(4)'' in its place:
Sec. 192.619 Maximum allowable operating pressure: Steel or plastic
pipelines.
(a) * * *
[[Page 28786]]
(1) The design pressure of the weakest element in the segment,
determined in accordance with subparts C and D of this part. However,
for steel pipe in pipelines being converted under Sec. 192.14 or
uprated under subpart K of this part, if any variable necessary to
determine the design pressure under the design formula (Sec. 192.105)
is unknown, one of the following pressures is to be used as design
pressure:
(i) Eighty percent of the first test pressure that produces yield
under section N5.0 of Appendix N of ASME B31.8, reduced by the
appropriate factor in paragraph (a)(2)(ii) of this section; or
(ii) If the pipe is 324 mm (12\3/4\ in) or less in outside diameter
and is not tested to yield under this paragraph, 1379 kPa (200 psig).
* * * * *
32. Section 192.625 (f) is revised to read as follows:
Sec. 192.625 Odorization of gas.
* * * * *
(f) Each operator shall conduct periodic sampling of combustible
gases to assure the proper concentration of odorant in accordance with
this section. Operators of master meter systems may comply with this
requirement by--
(1) Receiving written verification from their gas source that the
gas has the proper concentration of odorant; and
(2) Conducting periodic ``sniff'' tests at the extremities of the
system to confirm that the gas contains odorant.
33. Section 192.705(c) is added to read as follows:
Sec. 192.705 Transmission lines: Patrolling.
* * * * *
(c) Methods of patrolling include walking, driving, flying or other
appropriate means of traversing the right-of-way.
34. Section 192.709 is revised to read as follows:
Sec. 192.709 Transmission lines: Record keeping.
Each operator shall maintain the following records for transmission
lines for the periods specified:
(a) The date, location, and description of each repair made to pipe
(including pipe-to-pipe connections) must be retained for as long as
the pipe remains in service.
(b) The date, location, and description of each repair made to
parts of the pipeline system other than pipe must be retained for at
least 5 years. However, repairs generated by patrols, surveys,
inspections, or tests required by subparts L and M of this part must be
retained in accordance with paragraph (c) of this section.
(c) A record of each patrol, survey, inspection, and test required
by subparts L and M of this part must be retained for at least 5 years
or until the next patrol, survey, inspection, or test is completed,
whichever is longer.
35. Section 192.721(b) is revised to read as follows:
Sec. 192.721 Distribution systems: Patrolling.
* * * * *
(b) Mains in places or on structures where anticipated physical
movement or external loading could cause failure or leakage must be
patrolled--
(1) In business districts, at intervals not exceeding 4\1/2\
months, but at least four times each calendar year; and
(2) Outside business districts, at intervals not exceeding 7\1/2\
months, but at least twice each calendar year.
36. In Appendix A, section I. is amended by redesignating
subsections A. through F. as subsections B. through G., respectively,
and by adding a new subsection A.; and section II. is amended by
redesignating subsections A. through E. as subsections B. through F.,
respectively, by adding a new subsection A. and a new subsection 12. to
newly designated C., by redesignating newly designated subsections D.3.
through D.5. as subsections D.5. through D.7., respectively, and by
adding new subsections D.3. and D.4. as follows:
Appendix A--Incorporated by Reference
I. * * *
A. American Gas Association (AGA), 1515 Wilson Boulevard,
Arlington, VA 22209.
* * * * *
II. * * *
A. American Gas Association (AGA):
1. AGA Pipeline Research Committee, Project PR-3-805, ``A
Modified Criterion for Evaluating the Remaining Strength of Corroded
Pipe'' (December 22, 1989).
* * * * *
C. * * *
12. ASTM Designation: F1055 ``Standard Specification for
Electrofusion Type Polyethylene Fittings for Outside Diameter
Controlled Polyethylene Pipe and Tubing'' (F1055-95).
D. * * *
3. ASME/ANSI B31G ``Manual for Determining the Remaining
Strength of Corroded Pipelines'' (1991).
4. ASME/ANSI B31.8 ``Gas Transmission and Distribution Piping
Systems'' (1995).
* * * * *
Issued in Washington, DC, on May 28, 1996.
D.K. Sharma,
Administrator.
[FR Doc. 96-13787 Filed 6-5-96; 8:45 am]
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Complete official Federal Register PDF
FR Doc. 96-13604 Import Quotas and Fees
[Federal Register Volume 61, Number 110 (Thursday, June 6, 1996)]
[Rules and Regulations]
[Page 28723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13604]
========================================================================
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.
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Federal Register / Vol. 61, No. 110 / Thursday, June 6, 1996 / Rules
and Regulations
[[Page 28723]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 6
Import Quotas and Fees
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is deleting three
subparts on Section 22 import fees, reentry of cotton into the United
States, and calculation of market stabilization price, since they are
obsolete.
EFFECTIVE DATES: This final rule will be effective June 6, 1996.
FOR FURTHER INFORMATION CONTACT: Diana Wanamaker, Import Programs
Group, Import Policies and Programs Division, Foreign Agricultural
Service, U.S. Department of Agriculture, AG BOX 1021 Washington, D.C.
20250-1021, or telephone (202) 720-2916.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule is issued in conformance with Executive Order 12866. It
has been determined to be not significant for the purposes of E.O.
12866 and, therefore, has not been reviewed by the Office of Management
and Budget (OMB).
Regulatory Flexibility Act
It has been determined that the Regulatory Act is not applicable to
this rule since the Office of the Secretary is not required by 5 U.S.C.
553 or any other provision of law to publish a notice of proposed
rulemaking with respect to the subject matter of this rule.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which requires intergovernmental consultation with State and
local officials. See notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will not have a significant impact on the quality of the human
environment. Therefore, neither an Environmental Assessment nor an
Environmental Impact Statement is needed.
Executive Order 12778
This rule has been reviewed under Executive Order 12778. The
provisions of this rule would have preemptive effect with respect to
any state or local laws, regulations, or policies which conflict with
such provisions or which otherwise impede their full implementation.
The rule would not have retroactive effect.
Background
In response to the President's Regulatory Reform Initiative, USDA
is amending Title 7 Part 6 of the Code of Federal Regulations to delete
certain subparts which are obsolete as the result of the subsequent
enactment of legislation or the elimination of their purpose.
Reasons for Removal
USDA is deleting these subparts for the following reasons:
Subpart--Section 22 Imports Fees (Secs. 6.50-6.59)
This subpart provided for the licensing of sugar imports used in
the production of polyhydric alcohol for non-food uses and exempted
them from the Section 22 import fees. One of the fees was suspended in
1985 and both were eliminated on January 1, 1995 as a result of the
Uruguay Round Agreements Act (P.L. 103-465). Further imports of sugar
for this purpose have been licensed under a different program since
1990 (7 CFR 1550). The provision of this subpart are therefore
obsolete.
Subpart--Reentry of Cotton Into the United States (Secs. 6.71-6.75)
Under the former Section 22 import regime, there was a zero quota
on the reentry of cotton into the United States. This subpart
implemented the prohibition of imports of such cotton and cotton waste.
Since the Section 22 zero quota was replaced by a tariff-rate quota
under the Uruguay Round Agreements Act, the provisions of this subpart
are now obsolete.
Subpart--Calculation of Market Stabilization Price (Secs. 6.100-6.102
This subpart provided a mechanism by which the Secretary of
Agriculture could calculate and publish a market stabilization price
(MSP) for sugar, for the purpose of establishing a basis amount for
liquidated damages under the Sugar Re-export Program. Its use for that
purpose was eliminated in the 1990 revision of the Sugar Re-export
regulations. The MSP has not been announced since 1989. The provisions
of this subpart were not required by any statute, and do not serve any
function, therefore, this subpart is obsolete.
List of Subjects in 7 CFR Part 6
Agricultural commodities, Cheese, Dairy products, Imports,
Reporting and recordkeeping requirements.
Final rule
For the reasons set out above, 7 CFR Part 6 is amended as follows:
1. The authority citation for part 6 continues to read:
Authority: Sec. 8, 65 Stat. 75; 19 U.S.C. 1365.
2. The following subparts are removed: Subpart--Section 22 Import
Fees (Secs. 6.50-6.59); Subpart--Reentry of Cotton Into the United
States (Secs. 6.71-6.75); and Subpart--Calculation of Market
Stabilization Price (Secs. 6.100-6.102).
Signed at Washington, D.C. on May 13, 1996.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 96-13604 Filed 6-5-96; 8:45 am]
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