Pages 13613±13888 Vol. 60 3±14±95 No. 49 federal register March 14,1995 Tuesday issue. Dallas, TX,seeannouncementontheinsidecoverofthis For informationonbriefingsinWashington,DC,and Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995
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PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 49 Tuesday, March 14, 1995 Administration on Aging Coast Guard See Aging Administration RULES Drawbridge operations: Administrative Conference of the United States Maryland, 13629 PROPOSED RULES NOTICES Recommendations: Drawbridge operations: Freedom of Information Act Exemption 8 application and Oregon and Washington, 13653–13654 modification, and procedures for debarment and Commerce Department suspension from federal programs, 13692–13697 See Economic Development Administration See International Trade Administration Aging Administration See National Oceanic and Atmospheric Administration NOTICES Committees; establishment, renewal, termination, etc.: Commission on Immigration Reform White House Conference on Aging— NOTICES Business Advisory Committee, 13727 Meetings, 13702 Disability Advisory Committee, 13727 Consolidated Farm Service Agency Agricultural Marketing Service PROPOSED RULES RULES Program regulations: Eggs and egg products: Environmental program, 13650–13651 Voluntary shell egg grading Correction, 13780 Corporation for National and Community Service Mushroom promotion, research, and consumer information NOTICES order, 13613–13615 Agency information collection activities under OMB review, 13702 Agriculture Department Defense Department See Agricultural Marketing Service See Army Department See Consolidated Farm Service Agency See Engineers Corps See Forest Service NOTICES See Rural Business and Cooperative Development Service U.S. Court of Appeals for the Armed Forces; practice and See Rural Housing and Community Development Service procedure rule changes; correction, 13780 See Rural Utilities Service Drug Enforcement Administration Antitrust Division NOTICES NOTICES Applications, hearings, determinations, etc.: National cooperative research notifications: Isotec, Inc., 13734 Laser Power Corp., 13733 Knight Seed Co., Inc., 13735 PowerOpen Association, Inc., 13733 Mallinckrodt Chemical, Inc., 13735 Southwest Research Institute, 13733–13734 MD Pharmaceutical, Inc., 13735 U.S. Steel Group et al., 13734 Roche Diagnostic Systems, Inc., 13736 Army Department Economic Development Administration See Engineers Corps NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings: Economic development assistance programs, 13866– U.S. Army Command and General Staff College Advisory 13883 Committee, 13702–13703 Education Department NOTICES Centers for Disease Control and Prevention Grants and cooperative agreements; availability, etc.: NOTICES Safe and drug free schools program; correction, 13727– Meetings: 13728 Disease, Disability, and Injury Prevention and Control Meetings: special emphasis panel, 13728 Indian Education National Advisory Council, 13713 National Educational Research Policy and Priorities Children and Families Administration Board, 13713–13714 NOTICES Grants and cooperative agreements; availability, etc.: Energy Department Safe and drug free schools program; correction, 13727– See Energy Information Administration 13728 See Federal Energy Regulatory Commission IV Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Contents NOTICES Class E airspace, 13626–13627 Meetings: PROPOSED RULES Environmental Management Site Specific Advisory Air carrier certification and operations: Board— Flight data recorders; increased parameters, 13862–13864 Monticello Site, 13714 NOTICES Pantex Plant, 13714–13715 Passenger facility charges; applications, etc.: Natural gas exportation and importation: Austin, TX, et al., 13747–13749 Petro-Canada Hydrocarbons Inc., 13721 Rock Springs-Sweetwater County Airport Board, WY, et Phillips Alaska Natural Gas Corp. et al., 13721 al., 13749–13750 Spent nuclear fuel or high-level radioactive waste; safe transportation and emergency response training; Federal Communications Commission technical assistance and funding, 13715 RULES Energy Information Administration Common carrier services: NOTICES Tariffs— Forms; availability, etc.: Interstate interexchange marketplace competition, Solar thermal collector manufacturers and photovoltaic 13637–13639 module/cell manufacturers annual surveys, 13715– Practice and procedure: 13716 Pioneer’s preference rule; regulatory review, 13636–13637 PROPOSED RULES Engineers Corps Frequency allocations and radio treaty matters: Mobile-satellite service; allocation of spectrum at 2 GHz PROPOSED RULES range for use in operating satellites that provide Wetland delineator certification program, 13654–13662 NOTICES personal communications services, 13687–13688 Regulatory guidance letters, 13703–13713 NOTICES Agency information collection activities under OMB Environmental Protection Agency review, 13724–13725 RULES Rulemaking proceedings; petitions filed, granted, denied, Air quality implementation plans; approval and etc., 13725 promulgation; various States; air quality planning purposes; designation of areas: Federal Deposit Insurance Corporation Illinois, 13631–13634 NOTICES Air quality implementation plans; approval and Meetings; Sunshine Act, 13778 promulgation; various States: Illinois, 13634–13636 PROPOSED RULES Federal Energy Regulatory Commission Air pollutants, hazardous; national emission standards: PROPOSED RULES Printing and publishing industry operations, 13664– Natural gas companies (Natural Gas Act): 13683 Rate schedule and tariff changes; filing and reporting Air programs: requirements; and uniform system of accounts forms, Ambient air quality standards, national— statements, and reporting requirements; revisions, Sulfur oxides (sulfur dioxide), 13663–13664 13651–13652 Clean Air Act: NOTICES State operating permits programs— Electric rate and corporate regulation filings: Nevada, 13683–13686 Kentucky Utilities Co. et al., 13716–13718 NOTICES Environmental statements; availability, etc.: Meetings: Southern Natural Gas Co., 13718 Endocrine disruptors workshop, 13721 Applications, hearings, determinations, etc.: Environmental Policy and Technology National Advisory Algonquin Gas Transmission Co., 13718–13719 Council, 13722 ANR Pipeline Co., 13719 Municipal solid waste landfill permit programs; adequacy Consolidated Edison Co. of New York, Inc., 13719 determinations: KN Interstate Gas Transmission Co., 13719 New York, 13722–13724 Northern Natural Gas Co., 13720 Southern Natural Gas Co., 13720–13721 Executive Office of the President South Georgia Natural Gas Co., 13720 See Presidential Documents Tennessee Gas Pipeline Co., 13721 See Trade Representative, Office of United States Williston Basin Interstate Pipeline Co., 13721 Federal Aviation Administration Federal Highway Administration RULES NOTICES Air traffic operating and flight rules: Environmental statements; notice of intent: Noise compliance (Stage 3); airplance sharing agreements; Albemarle County, VA, 13750 policy statement, 13627–13628 Airworthiness directives: Airbus, 13621–13623 Federal Railroad Administration Boeing, 13618–13620, 13623–13624 NOTICES British Aerospace, 13620–13621 Traffic control systems; discontinuance and removal: Univair Aircraft Corp., 13624–13626 Consolidated Rail Corp. et al., 13750–13752 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Contents V Federal Reserve System International Trade Administration NOTICES NOTICES Applications, hearings, determinations, etc.: Antidumping: Dukes, John Ashley, 13725 Uranium from— Farmington Bancorp; correction, 13725 Kazakhstan, 13699 GreatBanc, Inc., et al., 13725–13726 Countervailing duties: HSBC Holdings plc et al., 13726–13727 Softwood lumber from— Sequatchie Valley Bancshares, Inc., 13727 Canada, 13698–13699 Applications, hearings, determinations, etc.: Food and Drug Administration Energy Department et al., 13699–13700 NOTICES Medical College of Pennsylvania et al., 13701 Meetings: Mines Bureau et al., 13700 Drug and biological products; comparision of safety, University of— effectiveness, and cost-effectiveness, 13728 California, 13700–13701 Colorado at Boulder et al., 13700 Massachusetts, Dartmouth, 13701–13702 Forest Service NOTICES Interstate Commerce Commission Environmental statements; availability, etc.: NOTICES Native inland fish habitat management, 13697–13698 Meetings; Sunshine Act, 13778 Health and Human Services Department Justice Department See Aging Administration See Antitrust Division See Centers for Disease Control and Prevention See Drug Enforcement Administration See Children and Families Administration See Immigration and Naturalization Service See Food and Drug Administration NOTICES See Health Resources and Services Administration Pollution control; consent judgments: See National Institutes of Health Rocky Ford Storage, Inc., et al., 13733 Health Resources and Services Administration Labor Department NOTICES See Occupational Safety and Health Administration Grants and cooperative agreements; availability, etc.: Rural regional trauma and emergency medical services Land Management Bureau system demonstration project in Florida, 13728 NOTICES Environmental statements; availability, etc.: Grand Junction District, CO; replacement raw water Housing and Urban Development Department pipeline in western Colorado, 13730 RULES Mortgage and loan insurance programs: Lending institutions and mortgagees approval; investing Minerals Management Service lenders in Title I property improvement and PROPOSED RULES manufactured home insurance programs, 13834– Spill-response plan requirements for oil handling offshore 13837 facilities seaward of coast line, including associated Title I property improvement and manufactured home pipelines, 13652–13653 NOTICES loans; insurance charges, electronic payment, 13854– Outer Continental Shelf; oil, gas, and sulphur operations: 13855 PROPOSED RULES Arco’s production safety system training program (SIM Fair housing: STATION for interactive video training and Housing for older persons— simulation), 13731 Significant facilities and services; definition, 13840– 13848 National Aeronautics and Space Administration NOTICES NOTICES Grant and cooperative agreement awards: Patent licenses; non-exclusive, exclusive, or partially Public and Indian housing— exclusive: Public housing family investment centers after-school KVH Industries, Inc., 13737 program; demonstration, 13850–13852 National Highway Traffic Safety Administration Immigration and Naturalization Service RULES Motor vehicle safety standards: NOTICES Committees; establishment, renewal, termination, etc.: Metric conversion; weights and measures system, 13639– Citizens’ Advisory Panel; meeting, 13736–13737 13649 PROPOSED RULES Motor vehicle safety standards: Interior Department Glazing materials— See Land Management Bureau Rigid plastic, 13688–13691 See Minerals Management Service NOTICES See National Park Service Insurance cost information booklet; availability, 13762– See Surface Mining Reclamation and Enforcement Office 13768 VI Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Contents Motor vehicle defect proceedings; petitions, etc.: Occupational Safety and Health Administration General Motors Corp.; certain GM pickup trucks, 13752– PROPOSED RULES 13758 Safety and health standards, etc.: Motor vehicle safety standards: Powered industrial truck operator training, 13782–13831 Nonconforming vehicles— Importation eligibility; determinations, 13759–13761 Office of United States Trade Representative See Trade Representative, Office of United States National Institutes of Health Personnel Management Office NOTICES RULES Meetings: Employment: National Institute of Allergy and Infectious Diseases, Suitability, personnel security and related programs, 13729 investigations, and suitability disqualification National Institute of General Medical Sciences, 13728– actions; OPM Review Panel abolished, 13613 13729 Research Grants Division special emphasis, 13729–13730 Presidential Documents PROCLAMATIONS National Oceanic and Atmospheric Administration Special observances: RULES Park Week, National (Proc. 6775), 13887–13888 Fishery conservation and management: Bering Sea and Aleutian Islands groundfish; and limited Public Health Service access management of Federal fisheries in and off of See Centers for Disease Control and Prevention Alaska See Food and Drug Administration Correction, 13780 See Health Resources and Services Administration See National Institutes of Health National Park Service Rural Business and Cooperative Development Service RULES PROPOSED RULES Special regulations: Program regulations: Grand Teton National Park, WY; mountain climbing and Environmental program, 13650–13651 winter backcountry trips, 13629–13630 PROPOSED RULES Rural Housing and Community Development Service Special regulations: PROPOSED RULES Oregon Caves National Monument, OR; age restriction Program regulations: elimination, 13662–13663 Environmental program, 13650–13651 NOTICES Meetings: Rural Utilities Service Maine Acadian Culture Preservation Commission, 13731 PROPOSED RULES Mining plans of operation; availability, etc.: Program regulations: Wrangell-St. Elias National Park and Preserve, AK, Environmental program, 13650–13651 13732–13733 National Register of Historic Places: Securities and Exchange Commission Pending nominations, 13731–13732 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange, Inc., 13742–13743 National Transportation Safety Board Depository Trust Co., 13743–13744 NOTICES New York Stock Exchange, Inc., et al., 13744–13745 Meetings; Sunshine Act, 13778 Small Business Administration Neighborhood Reinvestment Corporation NOTICES NOTICES Agency information collection activities under OMB Meetings; Sunshine Act, 13778 review, 13745 Disaster loan areas: Nuclear Regulatory Commission California, 13745–13746 RULES Applications, hearings, determinations, etc.: NRC licensees; reporting requirements reduction, 13615– Pioneer Ventures L.P. II, 13746 13618 NOTICES Surface Mining Reclamation and Enforcement Office Meetings: PROPOSED RULES Organization of Agreement State managers, 13737 Coal Refuse Disposal Negotiated Rulemaking Advisory Meetings; Sunshine Act, 13778–13779 Committee; establishment, 13858–13860 Applications, hearings, determinations, etc.: Thrift Supervision Office Connecticut Yankee Atomic Power Co., 13737–13738 NOTICES Duke Power Co. et al., 13738–13739 Privacy Act: Roudebush, Forrest L., 13739–13741 Systems of records, 13770–13777 Nuclear Waste Technical Review Board Trade Representative, Office of United States NOTICES NOTICES Meetings, 13741–13742 North American Free Trade Agreement (NAFTA); accession Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Contents VII Chile; negotiation, 13746–13747 Part VI Department of Housing and Urban Development, 13854– Transportation Department 13855 See Coast Guard See Federal Aviation Administration See Federal Highway Administration Part VII See Federal Railroad Administration Department of the Interior, Surface Mining Reclamation and See National Highway Traffic Safety Administration Enforcement Office, 13858–13860 RULES Organization, functions, and authority delegations: Part VIII Federal Railroad Administrator, 13639 Department of Transportation, Federal Aviation Treasury Department Administration, 13862–13864 See Thrift Supervision Office NOTICES Part IX Agency information collection activities under OMB Department of Commerce, Economic Development review, 13769 Administration, 13866–13883 Separate Parts In This Issue Part X The President, 13887–13888 Part II Department of Labor, Occupational Safety and Health Administration, 13782–13831 Reader Aids Part III Additional information, including a list of public laws, Department of Housing and Urban Development, 13834– telephone numbers, and finding aids, appears in the Reader 13837 Aids section at the end of this issue. Part IV Department of Housing and Urban Development, 13840– 13848 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Part V numbers, Federal Register finding aids, and a list of Department of Housing and Urban Development, 13850– documents on public inspection is available on 202–275– 13852 1538 or 275–0920. VIII Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Contents CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 3 CFR 61...... 13637 6775...... 13887 Proposed Rules: 5 CFR 2...... 13687 731...... 13613 49 CFR 7 CFR 1...... 13639 56...... 13780 571...... 13639 1209...... 13613 Proposed Rules: Proposed Rules: 571...... 13688 1940...... 13650 50 CFR 10 CFR 611...... 13780 50...... 13615 675...... 13780 55...... 13615 676...... 13780 73...... 13615 14 CFR 39 (5 documents) ...... 13618, 13620, 13621, 13623, 13624 71...... 13626 91...... 13627 Proposed Rules: 121...... 13862 125...... 13862 135...... 13862 18 CFR Proposed Rules: 154...... 13651 158...... 13651 201...... 13651 250...... 13651 284...... 13651 24 CFR 25...... 13834 201 (2 documents) ...... 13834, 13854 202...... 13834 Proposed Rules: 100...... 13840 29 CFR Proposed Rules: 1910...... 13782 1915...... 13782 1917...... 13782 1918...... 13782 30 CFR Proposed Rules: 254...... 13652 VII ...... 13858 33 CFR 117...... 13629 Proposed Rules: 117...... 13653 320...... 13653 325...... 13653 333...... 13653 36 CFR 7...... 13629 Proposed Rules: 7...... 13662 40 CFR 52 (2 documents) ...... 13631, 13634 81...... 13634 Proposed Rules: 50...... 13663 53...... 13663 63...... 13664 70...... 13683 47 CFR 1...... 13636 5...... 13636 13613 Rules and Regulations Federal Register Vol. 60, No. 49 Tuesday, March 14, 1995 This section of the FEDERAL REGISTER a substantial number of small entities Information Order [7 CFR Part 1209], contains regulatory documents having general because they relate to internal personnel hereinafter referred to as the Order. The applicability and legal effect, most of which matters within the Federal Government. Order is authorized by the Mushroom are keyed to and codified in the Code of Promotion, Research, and Consumer List of Subjects in 5 CFR Part 731 Federal Regulations, which is published under Information Act of 1990 [7 U.S.C. 6101– 50 titles pursuant to 44 U.S.C. 1510. Administrative practice and 6112], hereinafter referred to as the Act. The Code of Federal Regulations is sold by procedure, Government employees. The Department of Agriculture the Superintendent of Documents. Prices of Accordingly, under authority of 5 (Department) is issuing this rule in new books are listed in the first FEDERAL U.S.C. 3301, the interim rule amending conformance with Executive Order REGISTER issue of each week. 5 CFR Part 731 published on September 12866. 16, 1994 (59 FR 47527), is adopted as This rule has been reviewed under final without any changes. Executive Order 12778, Civil Justice OFFICE OF PERSONNEL Reform. It is not intended to have MANAGEMENT Office of Personnel Management. retroactive effect. Section 1930 of the James B. King, Act provides that nothing in the Act 5 CFR Part 731 Director. may be construed to preempt or RIN 3206±AG36 [FR Doc. 95–6217 Filed 3–13–95; 8:45 am] supersede any other program relating to BILLING CODE 6325±01±M mushroom promotion, research, Suitability, Personnel Security and consumer information, and industry Related Programs, Investigations, and information organized and operated Suitability Disqualification Actions DEPARTMENT OF AGRICULTURE under the United States or any State. The Act provides that administrative AGENCY: Office of Personnel Agricultural Marketing Service proceedings must be exhausted before Management. parties may file suit in court. Under ACTION: Final rule. 7 CFR Part 1209 § 1927 of the Act, a person subject to the Order may file with the Secretary of SUMMARY: [FV±92±701FR] The Office of Personnel Agriculture (Secretary) a petition stating Management (OPM) is adopting as final RIN 0581±AA49 that the Order, any provision of the an interim rule that revoked the section Order, or any obligation imposed in Mushroom Promotion, Research, and of its interim regulations that connection with the Order is not in established the OPM Review Panel (5 Consumer Information Order accordance with law and requesting a CFR Part 731, subpart E), and issued a AGENCY: Agricultural Marketing Service, modification of the Order or an new subpart E that spells out exemption from the Order. The procedures for appealing adverse USDA. ACTION: Final rule. petitioner is afforded the opportunity suitability determinations to the Merit for a hearing on the petition. After such Systems Protection Board. SUMMARY: The Department of hearing, the Secretary will make a ruling EFFECTIVE DATE: October 17, 1994. Agriculture is adopting with change as on the petition, which will be final if in FOR FURTHER INFORMATION CONTACT: a final rule an interim final rule which accordance with the law. The Act John J. Lafferty, Deputy Associate specified the general rules and provides that the district courts, of the Director for Investigations, (202) 376– regulations under the Mushroom United States in any district in which a 3800. Promotion, Research, and Consumer person who is a petitioner resides or SUPPLEMENTARY INFORMATION: On Information Order (Order). The interim carries on business, are vested with September 16, 1994, OPM published an final rule implemented provisions of the jurisdiction to review the ruling on such interim rule announcing its decision to Order concerning the nomination and person’s petition, if a complaint for that revoke the section of its interim appointment of members to the purpose is filed within 20 days after the regulations establishing the OPM Mushroom Council; the preparation and date of the entry of such ruling of the Review Panel, thereby abolishing the submission of financial statements; the Secretary. Review Panel, and promulgating new payment of assessments, including the Regulatory Flexibility Act regulations that provide individuals the application of late payment and interest opportunity to appeal adverse charges; the procedures for claiming an Pursuant to requirements set forth in suitability determinations to the Merit exemption from assessments; and the the Regulatory Flexibility Act [5 U.S.C. Systems Protection Board (59 FR 47527, filing of reports. 601 et seq.] (RFA), the Administrator of the Agricultural Marketing Service September 16, 1994). OPM received no EFFECTIVE DATE: March 14, 1995. comments in response to this notice. (AMS) has considered the economic FOR FURTHER INFORMATION CONTACT: impact of this action on small entities. EO 12866, Regulatory Review Richard Schultz, Research and The purpose of the RFA is to fit This rule has been reviewed by the Promotion Branch, Fruit and Vegetable regulatory actions to the scale of Office of Management and Budget in Division, AMS, USDA, P.O. Box 96456, business subject to such actions in order accordance with EO 12866. Room 2535–S, Washington, D.C. 20090– that small businesses will not be unduly 6456, telephone: (202) 720–5976. or disproportionately burdened. Regulatory Flexibility Act SUPPLEMENTARY INFORMATION: This final The most recent Department estimate I certify that these regulations will not rule is issued under the Mushroom of mushroom growers in the United have a significant economic impact on Promotion, Research, and Consumer States indicates that there are 355 13614 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations growers. There are approximately 125 assessments collected. Although there assessments, including the application growers who fall under the definition of will be economic costs to persons of late payment and interest charges; the producer as defined in the Act and are applying for such exemption or procedures for claiming an exemption subject to the Order. In addition, there reimbursement relative to opportunity from assessments; and the filing of are approximately 100 handlers, costs and postage costs, these costs will reports. including producers who are also not be significant relative to the benefits The interim final rule provided that handlers, and no more than 5 importers to be gained. These procedures provide interested persons could file written who are subject to the Order. such persons with a practicable means comments through May 12, 1993. No Small agricultural producers have of obtaining exemptions or written comments were received. been defined by the Small Business reimbursements in an orderly and One change is made to the rule by the Administration [13 CFR 121.601] as timely manner. Department for the purpose of those having annual receipts of less than The filing of reports by persons conforming to industry practice. $500,000, and small agricultural service subject to the Order is required by the This change to § 1209.260 of the rule firms, which include mushroom Act. The economic costs to persons is made to conform with the industry’s handlers and importers, have been filing these reports has been reduced to practice of using a producer’s tax defined as those having annual receipts a minimum and, consequently, these identification number rather than farm of less than $5 million. costs will not be significant relative to identification number for reporting While a majority of the handlers and the potential benefits to be gained. purposes. Therefore, a first handler will importers who are subject to the Order These filings are necessary for the be required to provide the tax are classified as small entities, a effective and efficient administration of identification number, rather than the majority of the producers who are the program. farm identification number, of each subject to the Order are not so classified. Accordingly, the Administrator of the producer with whom the first handler This action provides for the AMS has determined that this action has dealt with during the reporting continuance of provisions implemented will not have a significant economic period. in an interim final rule. Generally, impact on a substantial number of small It is found that the rules and producers, first handlers, and importers entities. regulations, as set forth in the February will be most affected by the provisions Paperwork Reduction Act 11 interim final rule and adopted with on nominating members to the change by this final rule, will tend to Mushroom Council (Council); paying In accordance with the Paperwork effectuate the declared policy of the Act. assessments, including the application Reduction Act of 1980 (44 U.S.C. Pursuant to the provisions of 5 U.S.C. of late payment and interest charges; chapter 35), the information collection 553, it is found and determined that claiming an exemption from requirements contained in this action good cause exists for not postponing the assessments; and filing reports. regarding a nominee background effective date of this action until 30 days The nomination procedures specified statement form, a first handler’s report, after publication in the Federal Register in this action relate to the conduct of an exemption application, and an because: (1) This action continues in regional caucuses and mail balloting. importer reimbursement application effect rules and regulations which were Although there will be economic costs have been approved by the OMB. The previously implemented on an interim to persons participating in the first handler’s report, the exemption basis, except for one change to conform nomination process relative to application, and the importer to industry practice; (2) producers, first opportunity costs, travel costs, and reimbursement application are assigned handlers, and importers are already postage costs, these costs will not be OMB control number 0581–0093. The aware of this action and will not need significant relative to the benefits to be nominee background statement form is any additional time to comply with it; gained. These procedures provide an assigned OMB control number 0505– and (3) no useful purpose will be served opportunity for persons subject to the 0001. by a delay of the effective date. Order to nominate individuals and to be nominated as individuals to serve on Background List of Subjects in 7 CFR Part 1209 the Council in an orderly and timely On January 8, 1993, the Order became Administrative practice and manner. effective. The Order authorizes the procedure, Advertising, Agricultural The procedures for payment of development of a nationally coordinated research, Marketing agreements, assessments specified in this action program of promotion, research, Mushrooms, Reporting and relate to the collection and remittance of consumer information, and industry recordkeeping requirements. assessments and the application of late information designed to strengthen the Accordingly, the interim final rule payment and interest charges. Although mushroom industry’s position in the amending 7 CFR Part 1209 which was there will be economic costs to persons fresh market; maintain and expand published at 58 FR 8194 on February 11, subject to the Order relative to existing markets and uses for fresh 1993, is adopted as a final rule with the opportunity costs, assessment collection mushrooms; and develop new markets following change: costs, and assessment remittance costs, and uses for fresh mushrooms. The these costs will not be significant Order is administered by the Council PART 1209ÐMUSHROOM relative to the benefits to be gained. whose members were appointed by the PROMOTION, RESEARCH, AND These procedures provide such persons Secretary in June 1993. CONSUMER INFORMATION ORDER with an equitable and practicable An interim final rule was published framework to collect and remit in the February 11, 1993, issue of the 1. The authority citation for Part 1209 assessments in an orderly and timely Federal Register. The rule provided continues to read as follows: manner. rules and regulations that were needed Authority: 7 U.S.C. 6101–6112. The exemption procedures specified to implement provisions of the Order in this action allow persons not subject concerning the nomination and § 1209.260 [Amended] to the Order to obtain an exemption appointment of members to the Council; 2. Section 1209.260 is amended by from paying assessments or, in the case the preparation and submission of removing the word ‘‘farm’’ and adding of importers, a reimbursement for financial statements; the payment of in its place ‘‘tax’’. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13615 Dated: March 8, 1995. final rule is one of several rulemakings the background section of this Patricia Jensen, and other regulatory actions currently rulemaking, the NRC has underway Acting Assistant Secretary, Marketing and being developed by the NRC staff to several regulatory activities to Regulatory Programs. implement the Regulatory Review implement the Regulatory Review [FR Doc. 95–6227 Filed 3–13–95; 8:45 am] Group recommendations to eliminate Group’s recommendations to eliminate BILLING CODE 3410±02±P duplicative or unnecessary reporting duplicative or unnecessary reporting requirements. The NRC believes that requirements. This rulemaking is this action will reduce the regulatory limited to the requirements set out in NUCLEAR REGULATORY burden on NRC licensees without the proposed rulemaking. causing adverse effects on the protection COMMISSION Licensees do not Need to Assemble the of public health and safety. Summary Report 10 CFR Parts 50, 55, and 73 On November 2, 1994 (59 FR 54843), the NRC published the notice of One commenter from the nuclear RIN 3150±AF18 proposed rulemaking that reduces power industry states that the reporting requirements on licensees requirement to generate but not submit Reduction of Reporting Requirements under Parts 50, 55, and 73. Specifically, a summary report for the containment Imposed on NRC Licensees the proposed amendments were leakage tests provides no additional AGENCY: Nuclear Regulatory intended to: (1) Eliminate the current benefit and is an unnecessary burden Commission. requirement for licensees to submit since the summary report contains data ACTION: Final rule. summary reports of containment leakage readily available from other sources. rate tests to the NRC (10 CFR part 50— The commenter suggests that the SUMMARY: The Nuclear Regulatory appendix J), but preserve the requirement to generate the summary Commission (NRC) is amending its requirements in §§ 50.72 and 50.73 report be eliminated. regulations to reduce reporting under which licensees currently report The NRC disagrees. The NRC believes requirements currently imposed on any instances of leakage exceeding that the results of containment leakage water-cooled nuclear power reactor, authorized limits in the technical tests, the licensee analysis verifying the research and test reactor, and nuclear specifications of the license; (2) revise acceptability of the results, as well as material licensees. This rule reduces the 10 CFR 55.25 to refer licensees to a any necessary interpretations of the regulatory burden on NRC licensees; similar reporting requirement in 10 CFR results, is necessary information which and partially implements a recent NRC 50.74(c) and require notification of might not be documented absent this initiative to revise or eliminate operator incapacity only in case of documentation requirement. duplicative or unnecessary reporting permanent disability or illness; and (3) Furthermore, the assembly of a requirements. The amendments will: eliminate the requirement for quarterly summary report will provide access by Eliminate the current requirement for submittal of safeguards event logs NRC inspectors and auditors to this licensees to submit summary reports of presently contained in 10 CFR information in a more timely fashion. 73.71(c)(2) and Appendix G to Part 73. containment leakage rate tests to the Public Participation in the NRC The public comment period expired NRC (10 CFR Part 50—Appendix J), but Regulatory Process Will Diminish preserve the requirements in §§ 50.72 December 19, 1994. and 50.73 under which licensees OCRE opposes the proposed rule Analysis of Public Comments on the because it believes that adoption of the currently report any instances of leakage Proposed Rule exceeding authorized limits in the rule will diminish the public’s access to technical specifications of the license; The NRC received seven comments: information. OCRE states that the revise 10 CFR 55.25 to refer licensees to one from Nuclear Energy Institute (NEI), public’s health and safety is not the only a similar reporting requirement in 10 an organization that represents the factor to consider when NRC proposes CFR 50.74(c) and require notification of nuclear power industry, five from the to eliminate some licensee reports. operator incapacity only in case of nuclear power industry, and one from Access to these reports, OCRE states, is permanent disability or illness; and Ohio Citizens for Responsible Energy, vital for effective public participation in eliminate the requirement for quarterly Inc. (OCRE). The comments from NEI the regulatory process. submittal of safeguards event logs and the nuclear power industry are To that end, OCRE has filed a petition presently contained in 10 CFR supportive of the proposed rule to for rulemaking with the NRC (59 FR 73.71(c)(2) and Appendix G to Part 73. reduce the reporting requirements. 30308, June 13, 1994). The purpose of OCRE opposes the proposed rule. the petition is to establish public right- EFFECTIVE DATE: April 13, 1995. However, all commenters believe that to-know provisions which would ensure FOR FURTHER INFORMATION CONTACT: elimination of these reports will not public access to licensee-held Naiem S. Tanious, Office of Nuclear adversely impact public health and information. Regulatory Research, U.S. Nuclear safety. The following section addresses In each case where the NRC considers Regulatory Commission, Washington, the public comments received and eliminating a reporting requirement, the DC 20555. Telephone (301) 415–6103. provides NRC’s response to them. NRC first considers the public health SUPPLEMENTARY INFORMATION: Of the six comments received which and safety impact of the proposed favor the proposed rule, several of those elimination. If there is no direct impact Background endorsing the rule pointed out that the on public health and safety, the NRC On January 7, 1994, the Executive proposed changes eliminate also considers the reduced Director for Operations (EDO) sent to unnecessary or redundant requirements administrative burden on the licensee the Commission SECY–94–003, ‘‘Plan and conserve both NRC and licensee and the extent to which the proposed for Implementing Regulatory Review resources. Two of the commenters felt elimination will deprive the public of Group Recommendations.’’ The that the NRC should assess additional important health and safety information. Commission approved these reporting requirements to determine OCRE’s comments have raised the recommendations for reducing whether they can be eliminated or generic issue of the incremental and regulatory burden on its licensees. This reduced in frequency. As discussed in cumulative effect of this and similar 13616 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations rulemakings in depriving the public of the collection of information. Send 10 CFR Part 55 access to licensee information that was comments regarding the estimated Criminal penalties, Manpower previously available from the NRC. In burden reduction or any other aspect of training programs, Nuclear power plants that regard, OCRE has directly presented this collection of information, including and reactors, Reporting and this issue to the Commission through its suggestions for reducing this burden, to recordkeeping requirements. petition for rulemaking referenced the Information and Records above and the NRC finds that this Management Branch (T–6 F33), U.S. 10 CFR Part 73 generic issue is better addressed in the Nuclear Regulatory Commission, Criminal penalties, Hazardous context of that petition, rather than in Washington, DC 20555–0001; and to the materials transportation, Export, Import, individual rulemakings such as this one. Desk Officer, Office of Information and Nuclear materials, Nuclear power plants The NRC also finds that the effect of this Regulatory Affairs, NEOB–10202, and reactors, Reporting and rulemaking will be to reduce the (3150–0011, –0018, –0002), Office of recordkeeping requirements, Security administrative burden on licensees and Management and Budget, Washington, measures. that the loss of the information in this DC 20503. particular case will not adversely affect Regulatory Analysis PART 50ÐDOMESTIC LICENSING OF the public interest in access to The Commission has prepared a PRODUCTION AND UTILIZATION information regarding adequate FACILITIES protection of the public health and regulatory analysis on this final rule. safety. The analysis examines the costs and 1. The authority citation for 10 CFR Having considered all comments benefits of the alternatives considered Part 50 continues to read as follows: by the Commission. The Commission received and other input, the NRC has Authority: Secs. 102, 103, 104, 105, 161, determined that the following final rule requested public comment on the draft regulatory analysis, but no comments 182, 183, 186, 189, 68 Stat. 936, 937, 938, should be promulgated. 948, 953, 954, 955, 956, as amended, sec. were received. Therefore, no changes to Written Reports 234, 83 Stat. 1244, as amended (42 U.S.C. the draft regulatory analysis have been 2132, 2133, 2134, 2135, 2201, 2232, 2233, This final rule would not require made. The draft regulatory analysis is 2236, 2239, 2282); secs. 201, as amended, additional written reports. On the adopted as the final regulatory analysis 202, 206, 88 Stat. 1242, as amended, 1244, contrary, under this final rule, reporting without change. The analysis is 1246 (42 U.S.C. 5841, 5842, 5846). will be reduced for all licensees under available for inspection in the NRC Section 50.7 also issued under Pub. L. 95– 10 CFR Parts 50, 55, and 73. Public Document Room, 2120 L Street 601, sec. 10, 92 Stat. 2951 as amended by NW. (Lower Level), Washington, DC. Pub. L. 102–486, sec. 2902, 106 Stat 3123, (42 Criminal Penalties U.S.C. 5851). Section 50.10 also issued under Regulatory Flexibility Certification For purposes of Section 223 of the secs. 101, 185, 68 Stat. 936, 955, as amended Atomic Energy Act of 1954, as amended, In accordance with the Regulatory (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91– Flexibility Act of 1980, (5 U.S.C. 190, 83 Stat. 853 (42 U.S.C. 4332). Sections relating to willful violations of 50.13, 50.54(dd), and 50.103 also issued requirements notice is hereby given that 605(b)), the Commission certifies that this rule will not have a significant under sec. 108, 68 Stat. 939, as amended (42 these amendments are being adopted U.S.C. 2138). Sections 50.23, 50.35, 50.55, and promulgated pursuant to Sections economic impact on a substantial and 50.56 also issued under sec. 185, 68 Stat. 161b, 161i, or 161o of the Act. number of small entities. This final rule 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a affects the nuclear power reactors, and Appendix Q also issued under sec. 102, Environmental Impact: Categorical research and test reactors, and some Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). Exclusion material licensees. The companies and Sections 50.34 and 50.54 also issued under The NRC has determined that this organizations that own these plants do sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). final rule is the type of action described not fall within the scope of the Sections 50.58, 50.91, and 50.92 also issued in the categorical exclusion 10 CFR definition of ‘‘small entities’’ set forth in under Pub. L. 97–415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under 51.22(c)(3)(iii). Therefore, neither an the Regulatory Flexibility Act of the size standards established by the NRC (56 FR sec. 122, 68 Stat. 939 (42 U.S.C. 2152). environmental impact statement nor an Sections 50.80 - 50.81 also issued under sec. environmental assessment has been 56671; November 6, 1991). 184, 68 Stat. 954, as amended (42 U.S.C. prepared for this regulation. Backfit Analysis 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C 2237). Paperwork Reduction Act Statement The NRC has determined that the This final rule amends information backfit rule, 10 CFR 50.109, does not 2. In 10 CFR 50.74, paragraph (c) is collection requirements that are subject apply to this final rule because these revised to read as follows: amendments do not involve any to the Paperwork Reduction Act of 1980 § 50.74 Notification of change in operator (44 U.S.C. 3501 et seq.). These provisions which would impose backfits or senior operator status. on licensees as defined in § 50.109(a)(1). requirements were approved by the * * * * * Office of Management and Budget, In addition, information collection and reporting requirements are not subject to (c) Permanent disability or illness as approval numbers 3150–0011, –0018, described in § 55.25 of this chapter. and –0002. the backfit rule. 3. In 10 CFR Part 50 Appendix J, Because the rule will relax existing List of Subjects information collection requirements, the Section III, paragraphs A.1.(a), (b), and annual public burden for this collection 10 CFR Part 50 (d); Section IV. paragraph A., and of information is expected to be reduced Antitrust, Classified information, Section V. paragraphs A. and B., are by approximately 20 hours per licensee. Criminal penalties, Fire protection, revised to read as follows: This reduction includes the time Intergovernmental relations, Nuclear Appendix J to Part 50ÐPrimary required for reviewing instructions, power plants and reactors, Radiation Reactor Containment Leakage Testing searching existing data sources, protection, Reactor siting criteria, for Water-Cooled Power Reactors gathering and maintaining the data Reporting and recordkeeping needed and completing and reviewing requirements. * * * * * Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13617 III. Leakage Testing Requirements tested in accordance with III.C. The test data, the least squares fit analysis of the * * * * * * measured leakage rate from these tests shall test data, the instrumentation error analysis, A. Type A test-1. Pretest requirements. (a) be included in the summary report required and the structural conditions of the Containment inspection in accordance with by V.B. containment or components, if any, which V. A. shall be performed as a prerequisite to * * * * * contributed to the failure in meeting the acceptance criteria. Results and analyses of the performance of Type A tests. During the IV. Special Testing Requirements period between the initiation of the the supplemental verification test employed containment inspection and the performance A. Containment modification. Any major to demonstrate the validity of the leakage rate of the Type A test, no repairs or adjustments modification, replacement of a component test measurements shall also be included. shall be made so that the containment can be which is part of the primary reactor tested in as close to the ‘‘as is’’ condition as containment boundary, or resealing a seal- PART 55ÐOPERATORS' LICENSES welded door, performed after the practical. During the period between the 4. The authority citation for 10 CFR completion of one Type A test and the preoperational leakage rate test shall be initiation of the containment inspection for followed by either a Type A, Type B, or Type Part 55 continues to read as follows: the subsequent Type A test, repairs or C test, as applicable for the area affected by Authority: Secs. 107, 161, 182, 68 Stat. adjustments shall be made to components the modification. The measured leakage from 939, 948, 953 , as amended, sec. 234, 83 Stat. whose leakage exceeds that specified in the this test shall be included in the summary 444, as amended (42 U.S.C. 2137, 2201, 2232, technical specification as soon as practical report required by V.B. The acceptance 2282); secs. 201, as amended, 202, 88 Stat. after identification. If during a Type A test, criteria of III.A.5.(b), III.B.3., or III.C.3., as 1242, as amended, 1244 (42 U.S.C. 5841, including the supplemental test specified in appropriate, shall be met. Minor 5842). modifications, replacements, or resealing of III.A.3.(b), potentially excessive leakage paths Sections 55.41, 55.43, 55.45, and 55.59 also seal-welded doors, performed directly prior are identified which will interfere with issued under sec. 306, Pub. L. 97–425, 96 to the conduct of a scheduled Type A test do satisfactory completion of the test, or which Stat. 2262 (42 U.S.C. 10226). Section 55.61 not require a separate test. result in the Type A test not meeting the also issued under secs. 186, 187, 68 Stat. 955 acceptance criteria III.A.4.(b) or III.A.5.(b), * * * * * (42 U.S.C. 2236, 2237). the Type A test shall be terminated and the V. Inspection and Reporting of Tests leakage through such paths shall be 5. 10 CFR 55.25 is revised to read as measured using local leakage testing A. Containment inspection. A general follows: methods. Repairs and/or adjustments to inspection of the accessible interior and equipment shall be made and Type A test exterior surfaces of the containment § 55.25 Incapacitation because of performed. The corrective action taken and structures and components shall be disability or illness. the change in leakage rate determined from performed prior to any Type A test to If, during the term of the license, the the tests and overall integrated leakage uncover any evidence of structural licensee develops a permanent physical determined from local leak and Type A tests deterioration which may affect either the or mental condition that causes the shall be included in the summary report containment structural integrity or leak- licensee to fail to meet the requirements required by V.B. tightness. If there is evidence of structural of § 55.21 of this part, the facility deterioration, Type A tests shall not be (b) Closure of containment isolation valves licensee shall notify the Commission, for the Type A test shall be accomplished by performed until corrective action is taken in normal operation and without any accordance with repair procedures, non within 30 days of learning of the preliminary exercising or adjustments (e.g., destructive examinations, and tests as diagnosis, in accordance with § 50.74(c). no tightening of valve after closure by valve specified in the applicable code specified in For conditions for which a conditional motor). Repairs of maloperating or leaking § 50.55a at the commencement of repair license (as described in § 55.33(b) of this valves shall be made as necessary. work. Such structural deterioration and part) is requested, the facility licensee Information on any valve closure corrective actions taken shall be included in shall provide medical certification on malfunction or valve leakage that require the summary report required by V.B. Form NRC 396 to the Commission (as corrective action before the test, shall be B. Recordkeeping of test results. 1. The described in § 55.23 of this part). included in the summary report required by preoperational and periodic tests must be V.B. documented in a readily available summary PART 73ÐPHYSICAL PROTECTION OF report that will be made available for * * * * * PLANTS AND MATERIALS (d) Those portions of the fluid systems that inspection, upon request, at the nuclear are part of the reactor coolant pressure power plant. The summary report shall 6. The authority citation for 10 CFR boundary and are open directly to the include a schematic arrangement of the Part 73 continues to read as follows: containment atmosphere under post-accident leakage rate measurement system, the conditions and become an extension of the instrumentation used, the supplemental test Authority: Secs. 53, 161, 68 Stat. 930, 948, boundary of the containment shall be opened method, and the test program selected as as amended, sec. 147, 94 Stat. 780 (42 U.S.C. or vented to the containment atmosphere applicable to the preoperational test, and all 2073, 2167, 2201); sec. 201, as amended, 204, prior to and during the test. Portions of the subsequent periodic tests. The report 88 Stat. 1242, as amended, 1245 Sec. 1701, closed systems inside containment that shall contain an analysis and interpretation 106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841, penetrate containment and rupture as a result of the leakage rate test data for the Type A 5844, 2297f). of a loss of coolant accident shall be vented test results to the extent necessary to Section 73.1 also issued under secs. 135, to the containment atmosphere. All vented demonstrate the acceptability of the 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 systems shall be drained of water or other containment’s leakage rate in meeting U.S.C, 10155, 10161). Section 73.37(f) also fluids to the extent necessary to assure acceptance criteria. issued under sec. 301, Pub. L. 96–295, 94 exposure of the system containment isolation 2. For each periodic test, leakage test Stat. 789 (42 U.S.C. 5841 note). Section 73.57 valves to containment air test pressure and to results from Type A, B, and C tests shall be is issued under sec. 606, Pub. L. 99–399, 100 assure they will be subjected to the post included in the summary report. The Stat. 876 (42 U.S.C. 2169). accident differential pressure. Systems that summary report shall contain an analysis and 7. Section 73.71, paragraph (c)(2) is interpretation of the Type A test results and are required to maintain the plant in a safe deleted, paragraph (c)(1) is redesignated condition during the test shall be operable in a summary analysis of periodic Type B and their normal mode, and need not be vented. Type C tests that were performed since the as paragraph (c), and paragraph (d) is Systems that are normally filled with water last type A test. Leakage test results from type revised to read as follows: and operating under post-accident A, B, and C tests that failed to meet the § 73.71 Reporting of safeguards events. conditions, such as the containment heat acceptance criteria of III.A.5(b), III.B.3, and removal system, need not be vented. III.C.3, respectively, shall be included in a * * * * * However, the containment isolation valves in separate accompanying summary report that (d) Each licensee shall submit to the the systems defined in III.A.1.(d) shall be includes an analysis and interpretation of the Commission the 30-day written reports 13618 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations required under the provisions of this separation of an engine from the There are approximately 869 Model section that are of a quality which will airplane due to fracturing of the fuse 747 series airplanes of the affected permit legible reproduction and pins. design in the worldwide fleet. The FAA processing. If the facility is subject to DATES: Effective April 13, 1995. estimates that 147 airplanes of U.S. § 50.73 of this chapter, the licensee shall The incorporation by reference of registry will be affected by this AD, that prepare the written report on NRC Form certain publications listed in the it will take approximately 122 work 366. If the facility is not subject to regulations is approved by the Director hours per airplane to accomplish the § 50.73 of this chapter, the licensee shall of the Federal Register as of April 13, replacement of fuse pins with bulkhead not use this form but shall prepare the 1995. style pins, and that the average labor written report in letter format. The rate is $60 per work hour. Based on ADDRESSES: report must include sufficient The service information these figures, the total cost impact on information for NRC analysis and referenced in this AD may be obtained U.S. operators who replace fuse pins evaluation. from Boeing Commercial Airplane with bulkhead style pins is estimated to Group, P.O. Box 3707, Seattle, be $7,320 per airplane. * * * * * Washington 98124–2207. This 8. In 10 CFR Part 73, Appendix G, the It will take approximately 140 work information may be examined at the hours per airplane to accomplish the title of Section II. is revised to read as Federal Aviation Administration (FAA), follows: replacement of fuse pins with third Transport Airplane Directorate, Rules generation pins. The average labor rate Appendix G to Part 73ÐReportable Docket, 1601 Lind Avenue SW., Renton, is $60 per work hour. Based on these Safeguards Events Washington; or at the Office of the figures, the total cost impact on U.S. Federal Register, 800 North Capitol operators who replace fuse pins with * * * * * Street NW., suite 700, Washington, DC. third generation pins is estimated to be II. Events to be recorded within 24 FOR FURTHER INFORMATION CONTACT: Tim $8,400 per airplane. hours of discovery in the safeguards Backman, Aerospace Engineer, Airframe It will take approximately 1.5 work event log. Branch, ANM–120S, FAA, Transport hours per airplane to accomplish the * * * * * Airplane Directorate, Seattle Aircraft inspections (in addition to the work Dated at Rockville, Maryland, this 2nd day Certification Office, 1601 Lind Avenue hours necessary for fuse pin of March, 1995. SW., Renton, Washington 98055–4056; replacement). The average labor rate is For the Nuclear Regulatory Commission. telephone (206) 227–2776; fax (206) $60 per work hour. Based on these James M. Taylor, 227–1181. figures, the total cost impact on U.S. operators for the required inspections is Executive Director for Operations. SUPPLEMENTARY INFORMATION: A estimated to be $90 per airplane per [FR Doc. 95–6210 Filed 3–13–95; 8:45 am] proposal to amend part 39 of the Federal inspection. BILLING CODE 7590±01±P Aviation Regulations (14 CFR part 39) to The cost of required replacement include an airworthiness directive (AD) parts will vary from airplane to airplane, that is applicable to certain Boeing depending upon the current airplane DEPARTMENT OF TRANSPORTATION Model 747 series airplanes was configuration. published in the Federal Register on The total cost impact figure discussed Federal Aviation Administration November 10, 1994 (59 FR 56008). That above is based on assumptions that no action proposed to require replacement 14 CFR Part 39 operator has yet accomplished any of of bottle bore style fuse pins, installed the requirements of this AD action, and [Docket No. 94±NM±123±AD; Amendment in the forward position of the upper link that no operator would accomplish 39±9172; AD 95±06±02] on the inboard and outboard struts, with those actions in the future if this AD either third generation fuse pins or new Airworthiness Directives; Boeing were not adopted. bulkhead style pins. That action also The number of required work hours, Model 747 Series Airplanes, Excluding proposed to require repetitive detailed as indicated above, is presented as if the Airplanes Equipped With Pratt & visual inspections to detect corrosion of accomplishment of the inspection and Whitney PW4000 and General Electric bulkhead style fuse pins; magnetic replacement actions were to be CF6±80C2 Series Engines particle inspections to detect cracks in conducted as ‘‘stand alone’’ actions. AGENCY: Federal Aviation those pins; and replacement of any However, in actual practice, these Administration, DOT. corroded or cracked bulkhead style fuse actions, for the most part, would be pin with a third generation fuse pin or ACTION: Final rule. accomplished coincidentally or in with a new bulkhead style pin. combination with normally scheduled SUMMARY: This amendment adopts a Installation of a third generation fuse airplane inspections and other new airworthiness directive (AD), pin, if accomplished, would constitute maintenance program tasks. Therefore, applicable to certain Boeing Model 747 terminating action for the inspection the actual number of necessary series airplanes, that requires requirements of the proposed AD. additional work hours would be replacement of certain fuse pins on the Interested persons have been afforded minimal in many instances. upper link of the inboard and outboard an opportunity to participate in the Additionally, any costs associated with struts. This AD would also require making of this amendment. Due special airplane scheduling would be inspections to detect corrosion or cracks consideration has been given to the two minimal. of certain fuse pins, and replacement, if comments received. The FAA recognizes that the necessary. This amendment is prompted Both commenters support the obligation to maintain aircraft in an by reports of cracked or corroded fuse proposed rule. airworthy condition is vital, but pins on the upper link of the inboard After careful review of the available sometimes expensive. Because AD’s and outboard struts, which could result data, including the comments noted require specific actions to address in fracturing of the pins. The actions above, the FAA has determined that air specific unsafe conditions, they appear specified by this AD are intended to safety and the public interest require the to impose costs that would not prevent failure of the strut and adoption of the rule as proposed. otherwise be borne by operators. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13619 However, because of the general Adoption of the Amendment these third generation fuse pins is preferred obligation of operators to maintain over installation of bulkhead style fuse pins. Accordingly, pursuant to the aircraft in an airworthy condition, this (b) For airplanes having bulkhead style authority delegated to me by the appearance is deceptive. Attributing fuse pins in the forward position on the Administrator, the Federal Aviation those costs solely to the issuance of this upper link: Perform a detailed visual Administration amends part 39 of the inspection to detect corrosion of the pins, AD is unrealistic because, in the interest Federal Aviation Regulations (14 CFR and a magnetic particle inspection to detect of maintaining safe aircraft, prudent part 39) as follows: cracks, in accordance with Boeing Alert operators would accomplish the Service Bulletin 747–54A2166, dated April required actions even if they were not PART 39ÐAIRWORTHINESS 28, 1994, at the later of the times specified required to do so by the AD. DIRECTIVES in paragraphs (b)(1) and (b)(2) of this AD. A full cost-benefit analysis has not (1) Prior to the accumulation of 8,000 been accomplished for this AD. As a 1. The authority citation for part 39 landings on the fuse pin, or within 8 years matter of law, in order to be airworthy, continues to read as follows: since installation of the pin, whichever occurs first. Or an aircraft must conform to its type Authority: 49 U.S.C. App. 1354(a), 1421 (2) Within 12 months after the effective design and be in a condition for safe and 1423; 49 U.S.C. 106(g); and 14 CFR date of this AD. operation. The type design is approved 11.89. (c) If no corrosion or crack is found during only after the FAA makes a the inspection required by paragraph (b) of § 39.13 [Amended] determination that it complies with all this AD, repeat the inspections thereafter at applicable airworthiness requirements. 2. Section 39.13 is amended by the intervals specified in paragraph (c)(1) or In adopting and maintaining those adding the following new airworthiness (c)(2) of this AD, as applicable. requirements, the FAA has already directive: (1) For the inboard and outboard struts on airplanes other than those identified in made the determination that they 95–06–02 Boeing: Amendment 39–9172. paragraph (c)(2) of this AD: Repeat the establish a level of safety that is cost- Docket 94–NM–123–AD. inspections at intervals not to exceed 1,000 beneficial. When the FAA, as in this Applicability: Model 747 series airplanes, landings. AD, makes a finding of an unsafe line numbers 1 through 967 inclusive, and (2) For the outboard struts on airplanes condition, this means that the original 969 through 922 inclusive; excluding equipped with Rolls-Royce RB211–524G or cost-beneficial level of safety is no airplanes equipped with Pratt & Whitney –524H series engines: Repeat the inspections longer being achieved and that the PW4000 or General Electric CF6–80C2 series at intervals not to exceed 2,000 landings. required actions are necessary to restore engines; certificated in any category. Note 4: The outboard struts of airplanes that level of safety. Because this level of Note 1: This AD does not require that the equipped with Rolls-Royce RB211–524G or safety has already been determined to be actions be accomplished on the struts of –524H series engines are equipped with thick airplanes having straight bore fuse pins wall ‘‘4330 steel’’ bulkhead style fuse pins in cost-beneficial, a full cost-benefit (installed on Model 747 series airplanes the forward position of the upper link. Crack analysis for this AD would be redundant equipped with Pratt & Whitney PW4000 or propagation to critical length in these thick and unnecessary. General Electric CF6–80C2 series engines) or wall pins is slower than for pins installed on The regulations adopted herein will 15–5 corrosion resistant steel (third the struts of airplanes equipped with engines not have substantial direct effects on the generation) fuse pins. other than the Rolls-Royce RB211–524G or States, on the relationship between the Compliance: Required as indicated, unless –524H series. national government and the States, or accomplished previously. (d) If any corrosion or crack is found on the distribution of power and To prevent failure of the strut and loss of during any inspection required by this AD, responsibilities among the various an engine due to corrosion or cracking of the prior to further flight, replace the corroded or fuse pins, accomplish the following: cracked pin with either a new bulkhead style levels of government. Therefore, in fuse pin in the forward position of the upper accordance with Executive Order 12612, (a) For airplanes having bottle bore style fuse pins in the forward position on the link, or with 15–5 corrosion resistant steel it is determined that this final rule does upper link: Replace any bottle bore style fuse (third generation) fuse pins in the forward not have sufficient federalism pin with a new bulkhead style fuse pin in the and aft positions of the upper link, in implications to warrant the preparation forward position, or with 15–5 corrosion accordance with Boeing Alert Service of a Federalism Assessment. resistant steel (third generation) fuse pins in Bulletin 747–54A2166, dated April 28, 1994. For the reasons discussed above, I the forward position, in accordance with (1) If the corroded or cracked fuse pin is replaced with a new bulkhead style fuse pin, certify that this action (1) is not a Boeing Alert Service Bulletin 747–54A2166, dated April 28, 1994, at the later of the times prior to the accumulation of 8,000 landings ‘‘significant regulatory action’’ under on the new pin, or within 8 years since Executive Order 12866; (2) is not a specified in paragraphs (a)(1) and (a)(2) of this AD. installation of the new pin, whichever occurs ‘‘significant rule’’ under DOT (1) Prior to the accumulation of 5,000 first, perform a detailed visual inspection to Regulatory Policies and Procedures (44 landings on the fuse pin, or within 5 years detect corrosion of the new pin, and a FR 11034, February 26, 1979); and (3) since installation of the pin, whichever magnetic particle inspection to detect cracks will not have a significant economic occurs first. Or of the new pin, in accordance with Boeing impact, positive or negative, on a (2) Within 6 months after the effective date Alert Service Bulletin 747–54A2166, dated of this AD. April 28, 1994. Repeat these inspections substantial number of small entities thereafter at the interval specified in under the criteria of the Regulatory Note 2: Third generation fuse pins are paragraph (d)(1)(i) or (d)(1)(ii) of this AD, as Flexibility Act. A final evaluation has installed in pairs (in the forward and aft applicable. been prepared for this action and it is positions). Therefore, replacement of an (i) For the inboard and outboard struts on contained in the Rules Docket. A copy individual upper link fuse pin in the forward airplanes other than those identified in of it may be obtained from the Rules position with a third generation pin also paragraph (d)(1)(ii) of this AD: Repeat the would necessitate replacement of the pin in inspections at intervals not to exceed 1,000 Docket at the location provided under the aft position. the caption ADDRESSES. landings. Note 3: The alert service bulletin references (ii) For the outboard struts on airplanes List of Subjects in 14 CFR Part 39 Boeing Service Bulletin 747–54–2155, dated equipped with Rolls-Royce RB211–524G or September 23, 1993, as an additional source –524H series engines: Repeat the inspections Air transportation, Aircraft, Aviation of service information for replacement of the at intervals not to exceed 2,000 landings. safety, Incorporation by reference, fuse pins with 15–5 corrosion resistant steel (2) If the corroded or cracked fuse pin is Safety. (third generation) fuse pins. Installation of replaced with a 15–5 corrosion resistant steel 13620 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations (third generation) fuse pin, no further action determine the setting of the consideration has been given to the is required by this AD. underfrequency trip level on suspect single comment received. (e) Installation of 15–5 corrosion resistant generator control units (GCU), and The commenter supports the steel (third generation) fuse pins in the either the correction of discrepancies or proposed rule. forward and aft positions of the upper link replacement of the GCU. This As a result of recent communications on the inboard or outboard strut constitutes with the Air Transport Association terminating action for the requirements of amendment is prompted by several this AD. malfunctions of in-service GCU’s due to (ATA) of America, the FAA has learned (f) An alternative method of compliance or the effects of setting the underfrequency that, in general, some operators may adjustment of the compliance time that trip level too high. The actions specified misunderstand the legal effect of AD’s provides an acceptable level of safety may be by this AD are intended to correct on airplanes that are identified in the used if approved by the Manager, Manager, GCU’s that may have the applicability provision of the AD, but Seattle Aircraft Certification Office (ACO), underfrequency level set too high, that have been altered or repaired in the FAA, Transport Airplane Directorate. which could result in the unwanted area addressed by the AD. The FAA Operators shall submit their requests through points out that all airplanes identified in an appropriate FAA Principal Maintenance shut down of an electrical generator; Inspector, who may add comments and then this condition may lead to loss of all the applicability provision of an AD are send it to the Manager, Manager, Seattle generated electrical power on the legally subject to the AD. If an airplane ACO. airplane when other generator faults or has been altered or repaired in the Note 5: Information concerning the failures occur. affected area in such a way as to affect compliance with the AD, the owner or existence of approved alternative methods of DATES: Effective April 13, 1995. compliance with this AD, if any, may be operator is required to obtain FAA obtained from the Seattle ACO. The incorporation by reference of approval for an alternative method of certain publications listed in the (g) Special flight permits may be issued in compliance with the AD, in accordance accordance with sections 21.197 and 21.199 regulations is approved by the Director with the paragraph of each AD that of the Federal Aviation Regulations (14 CFR of the Federal Register as of April 13, provides for such approvals. A note has 21.197 and 21.199) to operate the airplane to 1995. been added to this final rule to clarify a location where the requirements of this AD ADDRESSES: The service information this long-standing requirement. can be accomplished. referenced in this AD may be obtained After careful review of the available (h) The replacement, inspections, and from British Aerospace Holdings, Inc., data, including the comment noted installation shall be done in accordance with Avro International Aerospace Division, above, the FAA has determined that air Boeing Alert Service Bulletin 747–54A2166, dated April 28, 1994. This incorporation by P.O. Box 16039, Dulles International safety and the public interest require the reference was approved by the Director of the Airport, Washington, DC 20041–6039. adoption of the rule with the change Federal Register in accordance with 5 U.S.C. This information may be examined at previously described. The FAA has 552(a) and 1 CFR part 51. Copies may be the Federal Aviation Administration determined that this change will neither obtained from Boeing Commercial Airplane (FAA), Transport Airplane Directorate, increase the economic burden on any Group, P.O. Box 3707, Seattle, Washington Rules Docket, 1601 Lind Avenue, SW., operator nor increase the scope of the 98124–2207. Copies may be inspected at the Renton, Washington; or at the Office of AD. FAA, Transport Airplane Directorate, 1601 the Federal Register, 800 North Capitol The FAA estimates that 43 airplanes Lind Avenue, SW., Renton, Washington; or at Street NW., suite 700, Washington, DC. of U.S. registry will be affected by this the Office of the Federal Register, 800 North AD, that it will take approximately 1 Capitol Street NW., suite 700, Washington, FOR FURTHER INFORMATION CONTACT: work hour per airplane to accomplish DC. William Schroeder, Aerospace Engineer, (i) This amendment becomes effective on ANM–113, Standardization Branch, the required actions, and that the April 13, 1995. FAA, Transport Airplane Directorate, average labor rate is $60 per work hour. Issued in Renton, Washington, on March 3, 1601 Lind Avenue SW., Renton, Based on these figures, the total cost 1995. Washington 98055–4056; telephone impact of the AD on U.S. operators is Darrell M. Pederson, (206) 227–2148; fax (206) 227–1320. estimated to be $2,580, or $60 per airplane. Acting Manager, Transport Airplane SUPPLEMENTARY INFORMATION: A Directorate, Aircraft Certification Service. The total cost impact figure discussed proposal to amend part 39 of the Federal above is based on assumptions that no [FR Doc. 95–5781 Filed 3–13–95; 8:45 am] Aviation Regulations (14 CFR part 39) to operator has yet accomplished any of BILLING CODE 4910±13±U include an airworthiness directive (AD) the requirements of this AD action, and that is applicable to all British that no operator would accomplish Aerospace Model BAe 146–100A, 14 CFR Part 39 those actions in the future if this AD –200A, and –300A series airplanes was were not adopted. [Docket No. 94±NM±126±AD; Amendment published in the Federal Register on The regulations adopted herein will 39±9168; AD 95±05±01] November 16, 1994 (59 FR 59179). That not have substantial direct effects on the action proposed to require checking the States, on the relationship between the Airworthiness Directives; British part and serial number on the data plate national government and the States, or Aerospace Model BAe 146±100A, of each GCU to identify discrepant on the distribution of power and ±200A, and ±300A Series Airplanes units, and conducting closed loop tests responsibilities among the various AGENCY: Federal Aviation on affected GCU’s to determine the levels of government. Therefore, in Administration, DOT. setting of the underfrequency trip level. accordance with Executive Order 12612, That action also proposed to require ACTION: Final rule. it is determined that this final rule does either adjusting the underfrequency trip not have sufficient federalism SUMMARY: This amendment adopts a level or replacing the discrepant GCU implications to warrant the preparation new airworthiness directive (AD), with a serviceable unit, and conducting of a Federalism Assessment. applicable to all British Aerospace post assembly testing. For the reasons discussed above, I Model BAe 146–100A, –200A, and Interested persons have been afforded certify that this action (1) is not a –300A series airplanes, that requires an opportunity to participate in the ‘‘significant regulatory action’’ under conducting closed loop tests to making of this amendment. Due Executive Order 12866; (2) is not a Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13621 ‘‘significant rule’’ under DOT Compliance: Required as indicated, unless Issued in Renton, Washington, on February Regulatory Policies and Procedures (44 accomplished previously. 27, 1995. FR 11034, February 26, 1979); and (3) To correct generator control units (GCU) Darrell M. Pederson, will not have a significant economic that may have the under-frequency trip level Acting Manager, Transport Airplane impact, positive or negative, on a set too high, which could lead to the Directorate, Aircraft Certification Service. unwanted shut down of an electrical substantial number of small entities generator, accomplish the following: [FR Doc. 95–5246 Filed 3–13–95; 8:45 am] under the criteria of the Regulatory (a) Within 6 months after the effective date BILLING CODE 4910±13±U Flexibility Act. A final evaluation has of this AD, check the part and serial number been prepared for this action and it is on the data plate of each generator control contained in the Rules Docket. A copy unit (GCU). If the part number is one of those 14 CFR Part 39 affected and the serial number is listed in of it may be obtained from the Rules [Docket No. 94±NM±136±AD; Amendment Addendum 1 of GEC-Marconi Service Docket at the location provided under 39±9169; AD 95±05±02] the caption ADDRESSES. Bulletin HGE 24–23, dated March 11, 1994, prior to further flight, conduct a closed loop Airworthiness Directives; Airbus Model List of Subjects in 14 CFR Part 39 test to determine the setting of the A300 B4±2C, B4±103, and B4±203 underfrequency trip level, in accordance Air transportation, Aircraft, Aviation with that service bulletin. Series Airplanes; and Model A300±600 safety, Incorporation by reference, (1) If the level exceeds that specified in B4±620, B4±622, B4±603, and B4±601 Safety. GEC-Marconi Service Bulletin HGE 24–23, Series Airplanes Adoption of the Amendment dated March 11, 1994, prior to further flight, adjust the level in accordance with that AGENCY: Federal Aviation Accordingly, pursuant to the service bulletin; or replace the GCU with a Administration, DOT. authority delegated to me by the serviceable unit, in accordance with Avro ACTION: Final rule. Administrator, the Federal Aviation Service Bulletin S.B. 24–103, dated March SUMMARY: This amendment adopts a Administration amends part 39 of the 24, 1994. new airworthiness directive (AD), Federal Aviation Regulations (14 CFR (2) Prior to further flight, after adjustment or replacement of the GCU as required by applicable to certain Airbus Model part 39) as follows: paragraph (a)(1) of this AD, conduct the post A300 and A300–600 series airplanes, PART 39ÐAIRWORTHINESS assembly testing in accordance with Avro that requires modification of the fuel Service Bulletin S.B. 24–103, dated March DIRECTIVES tank jettison system. This amendment is 24, 1994. prompted by a quality survey which (b) An alternative method of compliance or 1. The authority citation for part 39 adjustment of the compliance time that revealed that the electrical bonding of continues to read as follows: provides an acceptable level of safety may be the fuel jettison system has insufficient Authority: 49 U.S.C. App. 1354(a), 1421 used if approved by the Manager, protection from a lightning strike. The and 1423; 49 U.S.C. 106(g); and 14 CFR Standardization Branch, ANM–113, FAA, actions specified by this AD are 11.89. Transport Airplane Directorate. Operators intended to prevent electrical arcing and shall submit their requests through an resultant fire in the event of a lightning § 39.13 [Amended] appropriate FAA Principal Maintenance strike. Inspector, who may add comments and then 2. Section 39.13 is amended by DATES: Effective April 13, 1995. adding the following new airworthiness send it to the Manager, Standardization Branch, ANM–113. The incorporation by reference of directive: certain publications listed in the Note 2: Information concerning the 95–05–01 British Aerospace Regional existence of approved alternative methods of regulations is approved by the Director Aircraft Limited, Avro International compliance with this AD, if any, may be of the Federal Register as of April 13, Aerospace Division (Formerly British obtained from the Standardization Branch, 1995. Aerospace, plc; British Aerospace ANM–113. ADDRESSES: The service information Commercial Aircraft Limited): (c) Special flight permits may be issued in referenced in this AD may be obtained Amendment 39–9168. Docket 94–NM– accordance with sections 21.197 and 21.199 126–AD. from Airbus Industrie, 1 Rond Point of the Federal Aviation Regulations (14 CFR Maurice Bellonte, 31707 Blagnac Cedex, Applicability: All Model British Aerospace 21.197 and 21.199) to operate the airplane to Model BAe 146–100A, –200A, and –300A France. This information may be a location where the requirements of this AD examined at the Federal Aviation series airplanes, certificated in any category. can be accomplished. Note 1: This AD applies to each airplane (d) The closed loop test and adjustment Administration (FAA), Transport identified in the preceding applicability shall be done in accordance with GEC- Airplane Directorate, Rules Docket, provision, regardless of whether it has been Marconi Service Bulletin HGE 24–23, dated 1601 Lind Avenue, SW., Renton, modified, altered, or repaired in the area March 11, 1994. The replacement and post Washington; or at the Office of the subject to the requirements of this AD. For assembly test shall be done in accordance Federal Register, 800 North Capitol airplanes that have been modified, altered, or with Avro Service Bulletin S.B. 24–103, Street, NW., suite 700, Washington, DC. repaired so that the performance of the dated March 24, 1994. This incorporation by FOR FURTHER INFORMATION CONTACT: requirements of this AD is affected, the reference was approved by the Director of the owner/operator must use the authority Federal Register in accordance with 5 U.S.C. Stephen Slotte, Aerospace Engineer, provided in paragraph (b) to request approval 552(a) and 1 CFR part 51. Copies may be Standardization Branch, ANM–113, from the FAA. This approval may address obtained from British Aerospace Holding, FAA, Transport Airplane Directorate, either no action, if the current configuration Inc., Avro International Aerospace Division, 1601 Lind Avenue SW., Renton, eliminates the unsafe condition; or different P.O. Box 16039, Dulles International Airport, Washington 98055–4056; telephone actions necessary to address the unsafe Washington, DC 20041–6039. Copies may be (206) 227–2797; fax (206) 227–1320. condition described in this AD. Such a inspected at the FAA, Transport Airplane SUPPLEMENTARY INFORMATION: A request should include an assessment of the Directorate, 1601 Lind Avenue, SW., Renton, effect of the changed configuration on the Washington; or at the Office of the Federal proposal to amend part 39 of the Federal unsafe condition addressed by this AD. In no Register, 800 North Capitol Street, NW., suite Aviation Regulations (14 CFR part 39) to case does the presence of any modification, 700, Washington, DC. include an airworthiness directive (AD) alteration, or repair remove any airplane from (e) This amendment becomes effective on that is applicable to certain Airbus the applicability of this AD. April 13, 1995. Model A300 and A300–600 series 13622 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations airplanes was published in the Federal those actions in the future if this AD Modification 0013 has been installed; and Register on November 16, 1994 (59 FR were not adopted. Model A300–600 B4–620, B4–622, B4–603, 59178). That action proposed to require The regulations adopted herein will and B4–601 series airplanes on which Airbus modification of the fuel tank jettison not have substantial direct effects on the Modification 4607 has not been installed; system. States, on the relationship between the certificated in any category. Interested persons have been afforded national government and the States, or Note 1: This AD applies to each airplane an opportunity to participate in the on the distribution of power and identified in the preceding applicability responsibilities among the various provision, regardless of whether it has been making of this amendment. Due modified, altered, or repaired in the area consideration has been given to the two levels of government. Therefore, in subject to the requirements of this AD. For comments received. accordance with Executive Order 12612, airplanes that have been modified, altered, or Both commenters support the it is determined that this final rule does repaired so that the performance of the proposed rule. not have sufficient federalism requirements of this AD is affected, the As a result of recent communications implications to warrant the preparation owner/operator must use the authority with the Air Transport Association of a Federalism Assessment. provided in paragraph (b) to request approval (ATA) of America, the FAA has learned For the reasons discussed above, I from the FAA. This approval may address that, in general, some operators may certify that this action (1) is not a either no action, if the current configuration misunderstand the legal effect of AD’s ‘‘significant regulatory action’’ under eliminates the unsafe condition; or different on airplanes that are identified in the Executive Order 12866; (2) is not a actions necessary to address the unsafe ‘‘significant rule’’ under DOT condition described in this AD. Such a applicability provision of the AD, but request should include an assessment of the that have been altered or repaired in the Regulatory Policies and Procedures (44 effect of the changed configuration on the area addressed by the AD. The FAA FR 11034, February 26, 1979); and (3) unsafe condition addressed by this AD. In no points out that all airplanes identified in will not have a significant economic case does the presence of any modification, the applicability provision of an AD are impact, positive or negative, on a alteration, or repair remove any airplane from legally subject to the AD. If an airplane substantial number of small entities the applicability of this AD. has been altered or repaired in the under the criteria of the Regulatory Compliance: Required as indicated, unless affected area in such a way as to affect Flexibility Act. A final evaluation has accomplished previously. compliance with the AD, the owner or been prepared for this action and it is To prevent electrical arcing and resultant operator is required to obtain FAA contained in the Rules Docket. A copy fire in the event of a lightning strike, approval for an alternative method of of it may be obtained from the Rules accomplish the following: compliance with the AD, in accordance Docket at the location provided under (a) Within 6 months after the effective date of this AD, modify the fuel tank jettison the caption ADDRESSES. with the paragraph of each AD that system in accordance with Airbus Alert provides for such approvals. A note has List of Subjects in 14 CFR Part 39 Service Bulletin A300–28A065, Revision 1, been added to this final rule to clarify dated February 14, 1994 (for Model A300 this long-standing requirement. Air transportation, Aircraft, Aviation series airplanes), or Airbus Alert Service After careful review of the available safety, Incorporation by reference, Bulletin A300–28A6033, Revision 1, dated data, including the comments noted Safety. February 14, 1994 (for Model A300–600 above, the FAA has determined that air Adoption of the Amendment series airplanes); as applicable. safety and the public interest require the (b) An alternative method of compliance or adoption of the rule with the change Accordingly, pursuant to the adjustment of the compliance time that previously described. The FAA has authority delegated to me by the provides an acceptable level of safety may be determined that this change will neither Administrator, the Federal Aviation used if approved by the Manager, Administration amends part 39 of the Standardization Branch, ANM–113, FAA, increase the economic burden on any Transport Airplane Directorate. Operators operator nor increase the scope of the Federal Aviation Regulations (14 CFR part 39) as follows: shall submit their requests through an AD. appropriate FAA Principal Maintenance The FAA estimates that 34 airplanes PART 39ÐAIRWORTHINESS Inspector, who may add comments and then of U.S. registry will be affected by this DIRECTIVES send it to the Manager, Standardization AD, that it will take approximately 21 Branch, ANM–113. work hours per airplane to accomplish 1. The authority citation for part 39 Note 2: Information concerning the the required actions, and that the continues to read as follows: existence of approved alternative methods of average labor rate is $60 per work hour. Authority: 49 U.S.C. App. 1354(a), 1421 compliance with this AD, if any, may be Required parts will be supplied by the and 1423; 49 U.S.C. 106(g); and 14 CFR obtained from the Standardization Branch, manufacturer at no cost to the operators. 11.89. ANM–113. Based on these figures, the total cost (c) Special flight permits may be issued in impact of the AD on U.S. operators is § 39.13 [Amended] accordance with sections 21.197 and 21.199 estimated to be $42,840, or $1,260 per 2. Section 39.13 is amended by of the Federal Aviation Regulations (14 CFR airplane. adding the following new airworthiness 21.197 and 21.199) to operate the airplane to directive: a location where the requirements of this AD The total cost impact figure discussed can be accomplished. above is based on assumptions that no 95–05–02 Airbus Industrie: Amendment (d) The modification shall be done in operator has yet accomplished any of 39–9169. Docket 94–NM–136–AD. accordance with the following Airbus the requirements of this AD action, and Applicability: Model A300 B4–2C, B4–103, Industrie service bulletins, as applicable, that no operator would accomplish and B4–203 series airplanes on which Airbus which contain the specified effective pages: Revision Service bulletin referenced and date Page No. level shown Date shown on on page page A300±28A065, Revision 1, February 14, 1994 ...... 1±15 1 ...... February 14, 1994. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13623 Revision Service bulletin referenced and date Page No. level shown Date shown on on page page A300±28A6033, Revision 1, February 14, 1994 ...... 1±3, 5±14 1 ...... February 14, 1994. 4 Original ..... April 21, 1993. This incorporation by reference was The incorporation by reference of compliance with the AD, the owner or approved by the Director of the Federal certain publications listed in the operator is required to obtain FAA Register in accordance with 5 U.S.C. 552(a) regulations is approved by the Director approval for an alternative method of and 1 CFR part 51. Copies may be obtained of the Federal Register as of April 13, compliance with the AD, in accordance from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. 1995. with the paragraph of each AD that Copies may be inspected at the FAA, ADDRESSES: The service information provides for such approvals. A note has Transport Airplane Directorate, 1601 Lind referenced in this AD may be obtained been added to this final rule to clarify Avenue, SW., Renton, Washington; or at the from Boeing Commercial Airplane this requirement. Office of the Federal Register, 800 North Group, P.O. Box 3707, Seattle, The FAA has recently reviewed the Capitol Street, NW., suite 700, Washington, Washington 98124–2207. This figures it has used over the past several DC. information may be examined at the years in calculating the economic (e) This amendment becomes effective on Federal Aviation Administration (FAA), impact of AD activity. In order to April 13, 1995. Transport Airplane Directorate, Rules account for various inflationary costs in Issued in Renton, Washington, on February Docket, 1601 Lind Avenue, SW., the airline industry, the FAA has 27, 1995. Renton, Washington; or at the Office of determined that it is necessary to Darrell M. Pederson, the Federal Register, 800 North Capitol increase the labor rate used in these Acting Manager, Transport Airplane Street, NW., suite 700, Washington, DC. calculations from $55 per work hour to Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: G. $60 per work hour. The economic [FR Doc. 95–5245 Filed 3–13–95; 8:45 am] Michael Collins, Aerospace Engineer, impact information, below, has been BILLING CODE 4910±13±U Propulsion Branch, ANM–140S, FAA, revised to reflect this increase in the Transport Airplane Directorate, Seattle specified hourly labor rate. Aircraft Certification Office, 1601 Lind After careful review of the available 14 CFR Part 39 Avenue, SW., Renton, Washington data, including the comments noted 98055–4056; telephone (206) 227–2689; [Docket No. 94±NM±147±AD; Amendment above, the FAA has determined that air 39±9171; AD 95±06±01] fax (206) 227–1181. safety and the public interest require the SUPPLEMENTARY INFORMATION: A adoption of the rule with the changes Airworthiness Directives; Boeing proposal to amend part 39 of the Federal previously described. The FAA has Model 747±200 and ±300 Series Aviation Regulations (14 CFR part 39) to determined that these changes will Airplanes Equipped With General include an airworthiness directive (AD) neither increase the economic burden Electric CF6±80C2 Series Engines that is applicable to certain Boeing on any operator nor increase the scope Model 747–200 and –300 series of the AD. AGENCY: Federal Aviation airplanes was published in the Federal Administration, DOT. There are approximately 9 Model Register on November 8, 1994 (59 FR 747–200 and –300 series airplanes of the ACTION: Final rule. 55595). That action proposed to require affected design in the worldwide fleet. various inspections and functional tests SUMMARY: This amendment adopts a The FAA estimates that 2 airplanes of of the thrust reverser control and new airworthiness directive (AD), U.S. registry will be affected by this AD, indication system on certain Model applicable to certain Boeing Model 747– that it will take approximately 33 work 747–200 and –300 series airplanes, and 200 and –300 series airplanes, that hours per airplane to accomplish the the correction of any discrepancy found requires various inspections and required actions, and that the average during the inspections and tests. labor rate is $60 per work hour. Based functional tests of the thrust reverser Interested persons have been afforded on these figures, the total cost impact of control and indication system, and an opportunity to participate in the the AD on U.S. operators is estimated to correction of any discrepancy found. making of this amendment. Due be $3,960, or $1,980 per airplane. This amendment is prompted by an consideration has been given to the two investigation to determine the comments received. The total cost impact figure discussed controllability of Model 747 series Both commenters support the above is based on assumptions that no airplanes following an in-flight thrust proposed rule. operator has yet accomplished any of reverser deployment, which has As a result of recent communications the requirements of this AD action, and revealed that, in the event of thrust with the Air Transport Association that no operator would accomplish reverser deployment during high-speed (ATA) of America, the FAA has learned those actions in the future if this AD climb or during cruise, these airplanes that, in general, some operators may were not adopted. could experience control problems. The misunderstand the legal effect of AD’s The regulations adopted herein will actions specified by this AD are on airplanes that are identified in the not have substantial direct effects on the intended to ensure the integrity of the applicability provision of the AD, but States, on the relationship between the fail safe features of the thrust reverser that have been altered or repaired in the national government and the States, or system by preventing possible failure area addressed by the AD. The FAA on the distribution of power and modes in the thrust reverser control points out that all airplanes identified in responsibilities among the various system that can result in inadvertent the applicability provision of an AD are levels of government. Therefore, in deployment of a thrust reverser during legally subject to the AD. If an airplane accordance with Executive Order 12612, flight. has been altered or repaired in the it is determined that this final rule does DATES: Effective April 13, 1995. affected area in such a way as to affect not have sufficient federalism 13624 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations implications to warrant the preparation case does the presence of any modification, (f) Special flight permits may be issued in of a Federalism Assessment. alteration, or repair remove any airplane from accordance with sections 21.197 and 21.199 For the reasons discussed above, I the applicability of this AD. of the Federal Aviation Regulations (14 CFR certify that this action (1) is not a Compliance: Required as indicated, unless 21.197 and 21.199) to operate the airplane to ‘‘significant regulatory action’’ under accomplished previously. a location where the requirements of this AD can be accomplished. Executive Order 12866; (2) is not a To ensure the integrity of the fail safe features of the thrust reverser system, (g) The inspections, corrections of ‘‘significant rule’’ under DOT accomplish the following: discrepancies, and tests shall be done in Regulatory Policies and Procedures (44 (a) Within 90 days after the effective date accordance with Boeing Alert Service FR 11034, February 26, 1979); and (3) of this AD, perform tests of the position Bulletin 747–78A2130, dated May 26, 1994. will not have a significant economic switch module and the cone brake of the This incorporation by reference was impact, positive or negative, on a center drive unit (CDU) on each thrust approved by the Director of the Federal substantial number of small entities reverser, and perform an inspection to detect Register in accordance with 5 U.S.C. 552(a) under the criteria of the Regulatory damage to the bullnose seal on the translating and 1 CFR part 51. Copies may be obtained Flexibility Act. A final evaluation has sleeve on each thrust reverser, in accordance from Boeing Commercial Airplane Group, with paragraphs III.A. through III.C. of the P.O. Box 3707, Seattle, Washington 98124– been prepared for this action and it is Accomplishment Instructions of Boeing 2207. Copies may be inspected at the FAA, contained in the Rules Docket. A copy Service Bulletin 747–78A2130, dated May Transport Airplane Directorate, 1601 Lind of it may be obtained from the Rules 26, 1994. Repeat the tests and inspection Avenue, SW., Renton, Washington; or at the Docket at the location provided under thereafter at intervals not to exceed 1,000 Office of the Federal Register, 800 North the caption ADDRESSES. hours time-in-service. Capitol Street NW., suite 700, Washington, (b) Within 9 months after the effective date DC. List of Subjects in 14 CFR Part 39 of this AD, perform inspections and (h) This amendment becomes effective on Air transportation, Aircraft, Aviation functional tests of the thrust reverser control April 13, 1995. safety, Incorporation by reference, and indication system in accordance with Issued in Renton, Washington, on March 3, paragraphs III.D. through III.F., III.H., and 1995. Safety. III.I. of the Accomplishment Instructions of Darrell M. Pederson, Adoption of the Amendment Boeing Service Bulletin 747–78A2130, dated May 26, 1994. Repeat these inspections and Acting Manager, Transport Airplane Accordingly, pursuant to the functional tests thereafter at intervals not to Directorate, Aircraft Certification Service. authority delegated to me by the exceed 18 months. [FR Doc. 95–5782 Filed 3–13–95; 8:45 am] Administrator, the Federal Aviation (c) If any of the inspections and/or BILLING CODE 4910±13±U Administration amends part 39 of the functional tests required by this AD cannot Federal Aviation Regulations (14 CFR be successfully performed, or if any part 39) as follows: discrepancy is found during those 14 CFR Part 39 inspections and/or functional tests, PART 39ÐAIRWORTHINESS accomplish either paragraph (c)(1) or (c)(2) of [Docket No. 94±CE±05±AD; Amendment 39± DIRECTIVES this AD. 9173; AD 94±18±04 R1] (1) Prior to further flight, correct the 1. The authority citation for part 39 discrepancy found, in accordance with Airworthiness Directives; Univair continues to read as follows: Boeing Alert Service Bulletin 747–78A2130, Aircraft Corporation Models Ercoupe dated May 26, 1994. Or 415±C, 415±CD, 415±D, 415±E, and Authority: 49 U.S.C. App. 1354(a), 1421 (2) The airplane may be operated in and 1423; 49 U.S.C. 106(g); and 14 CFR 415±G, Forney F±1 and F±1A, Alon A± accordance with the provisions and 2 and A±2A, and Mooney M10 11.89. limitations specified in an operator’s FAA- approved Minimum Equipment List (MEL), Airplanes 39.13 [Amended] provided that no more than one thrust AGENCY: Federal Aviation 2. Section 39.13 is amended by reverser on the airplane is inoperative. Administration, DOT. adding the following new airworthiness (d) Within 10 days after performing each directive: initial inspection and test required by this ACTION: Final rule; request for AD, submit a report of the inspection and/or comments. 95–06–01 Boeing: Amendment 39–9171. test results, both positive and negative, to the Docket 94–NM–147–AD. FAA, Seattle Aircraft Certification Office SUMMARY: This amendment revises Applicability: Model 747–200 and –300 (ACO), ANM–100S, 1601 Lind Avenue, SW., Airworthiness Directive (AD) 94–18–04, series airplanes equipped with General Renton, Washington 98055–4056; fax (206) which currently requires the following Electric CF6–80C2 series engines with Power 227–1181. Information collection on Univair Aircraft Corporation Management Control (PMC) engine controls, requirements contained in this regulation (Univair) Models Ercoupe 415–C, 415– certificated in any category. have been approved by the Office of CD, 415–D, 415–E, and 415–G, Forney Note 1: This AD applies to each airplane Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of F–1 and F–1A, Alon A–2 and A–2A, identified in the preceding applicability and Mooney M10 airplanes: installing provision, regardless of whether it has been 1980 (44 U.S.C. 3501 et seq.) and have been modified, altered, or repaired in the area assigned OMB Control Number 2120–0056. inspection openings in the outer wing subject to the requirements of this AD. For (e) An alternative method of compliance or panels, inspecting (one-time) the wing airplanes that have been modified, altered, or adjustment of the compliance time that outer panel structural components for repaired so that the performance of the provides an acceptable level of safety may be corrosion, and repairing any corroded requirements of this AD is affected, the used if approved by the Manager, Seattle wing outer panel structural component. owner/operator must use the authority Aircraft Certification Office (ACO), FAA, Several reports of corrosion in the outer provided in paragraph (e) to request approval Transport Airplane Directorate. Operators wing panels of the affected airplanes from the FAA. This approval may address shall submit their requests through an appropriate FAA Principal Maintenance prompted that AD. This action either no action, if the current configuration incorporates a revision to the service eliminates the unsafe condition; or different Inspector, who may add comments and then actions necessary to address the unsafe send it to the Manager, Seattle ACO. information to include procedures that condition described in this AD. Such a Note 2: Information concerning the the Federal Aviation Administration request should include an assessment of the existence of approved alternative methods of (FAA) has determined are necessary for effect of the changed configuration on the compliance with this AD, if any, may be installing future outer wing panel unsafe condition addressed by this AD. In no obtained from the Seattle ACO. inspection openings. The actions Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13625 specified by this AD are intended to presents a further discussion of the Rules Docket number and be submitted prevent wing damage caused by a service difficulties encountered on the in triplicate to the address specified corroded wing outer panel structural referenced subject and clarifies the above. All communications received on component, which, if not detected and intent of the preliminary inspection or before the closing date for comments corrected, could progress to the point of procedure that may be accomplished will be considered, and this rule may be structural failure. prior to the installation of the inspection amended in light of the comments DATES: Effective March 24, 1995. openings. received. Factual information that The incorporation by reference of After examining the circumstances supports the commenter’s ideas and and reviewing all available information certain publications listed in the suggestions is extremely helpful in related to the incidents described above, regulations is approved by the Director evaluating the effectiveness of the AD of the Federal Register as of March 24, the FAA has determined that (1) the procedures presented in Univair SB No. action and determining whether 1995. additional rulemaking action would be Comments for inclusion in the Rules 29, Revision B, dated January 2, 1995, needed. Docket must be received on or before should be mandatory for future May 19, 1995. inspection opening installations; and (2) Comments are specifically invited on ADDRESSES: Submit comments in AD action should be taken in order to the overall regulatory, economic, triplicate to the FAA, Central Region, prevent wing damage caused by a environmental, and energy aspects of Office of the Assistant Chief Counsel, corroded wing outer panel structural the rule that might suggest a need to Attention: Rules Docket 94–CE–05–AD, component, which, if not detected and modify the rule. All comments Room 1558, 601 E. 12th Street, Kansas corrected, could progress to the point of submitted will be available, both before City, Missouri 64106. structural failure. and after the closing date for comments, Service information that applies to Since an unsafe condition has been in the Rules Docket for examination by this AD may be obtained from the identified that is likely to exist or interested persons. A report that Univair Aircraft Corporation, 2500 develop in other Univair Models summarizes each FAA-public contact Ercoupe 415–C, 415–CD, 415–D, 415–E, Himalaya Road, Aurora, Colorado concerned with the substance of this AD and 415–G, Forney F–1 and F–1A, Alon 80011; telephone (303) 375–8882; will be filed in the Rules Docket. A–2 and A–2A, and Mooney M10 facsimile (303) 375–8888. This Commenters wishing the FAA to information may also be examined at airplanes of the same type design, this acknowledge receipt of their comments the FAA, Central Region, Office of the AD revises AD 94–18–04, Amendment submitted in response to this notice Assistant Chief Counsel, Attention: 39–9017, to require installing inspection openings in the outer wing panels, must submit a self-addressed, stamped Rules Docket No. 94–CE–05–AD, Room inspecting (one-time) the wing outer 1558, 601 E. 12th Street, Kansas City, postcard on which the following panel structural components for Missouri 64106; or at the Office of the statement is made: ‘‘Comments to corrosion, and repairing any corroded Federal Register, 800 North Capitol Docket No. 94–CE–05–AD.’’ The wing outer panel structural component. Street NW., suite 700, Washington, DC. postcard will be date stamped and The actions are required to be returned to the commenter. FOR FURTHER INFORMATION CONTACT: Mr. accomplished in accordance with the The regulations adopted herein will Roger P. Chudy, Aerospace Engineer, instructions in Univair SB No. 29, FAA, Denver Aircraft Certification Revision B, dated January 2, 1995. No not have substantial direct effects on the Office, 5440 Roslyn Street, suite 133, further action will be required by States, on the relationship between the Denver, Colorado 80216; telephone owners/operators who have successfully national government and the States, or (303) 286–5684; facsimile (303) 286– accomplished these actions in on the distribution of power and 5689. accordance with either Univair SB No. responsibilities among the various SUPPLEMENTARY INFORMATION: AD 94– 29, dated January 27, 1994, or Univair levels of government. Therefore, in 18–04, Amendment 39–9017 (59 FR SB No. 29, Revision A, dated June 7, accordance with Executive Order 12612, 43727, September 25, 1994), currently 1994. it is determined that this final rule does requires the following on Univair Since a situation exists (the not have sufficient federalism Models Ercoupe 415–C, 415–CD, 415–D, possibility of damaging the wing implications to warrant the preparation 415–E, and 415–G, Forney F–1 and F– structure because of improper of a Federalism Assessment. 1A, Alon A–2 and A–2A, and Mooney positioning of the inspection openings) The FAA has determined that this M10 airplanes: installing inspection that requires the immediate adoption of regulation is an emergency regulation openings in the outer wing panels, this regulation, it is found that notice that must be issued immediately to inspecting (one-time) the wing outer and opportunity for public prior correct an unsafe condition in aircraft, panel structural components for comment hereon are impracticable, and and is not a ‘‘significant regulatory corrosion, and repairing any corroded that good cause exists for making this action’’ under Executive Order 12866. It wing outer panel structural component. amendment effective in less than 30 has been determined further that this Accomplishment of these actions is in days. accordance with Univair Service action involves an emergency regulation Bulletin (SB) No. 29, Revision A, dated Comments Invited under DOT Regulatory Policies and June 7, 1994. Although this action is in the form of Procedures (44 FR 11034, February 26, Since the FAA issued AD 94–18–04, a final rule that involves requirements 1979). If it is determined that this Univair has revised SB No. 29 to the affecting immediate flight safety and, emergency regulation otherwise would Revision B level. This SB revision thus, was not preceded by notice and be significant under DOT Regulatory changes the dimension of one of the opportunity to comment, comments are Policies and Procedures, a final openings to position it symmetrically invited on this rule. Interested persons regulatory evaluation will be prepared between two ribs; and clarifies the are invited to comment on this rule by and placed in the Rules Docket dimensioning system utilized in submitting such written data, views, or (otherwise, an evaluation is not placement of the inspection openings. arguments as they may desire. required). A copy of it, if filed, may be Univair SB No. 29, Revision B, also Communications should identify the obtained from the Rules Docket. 13626 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations List of Subjects in 14 CFR Part 39 in accordance with the PROCEDURE section 14 CFR Part 71 of Univair Service Bulletin (SB) No. 29, Air transportation, Aircraft, Aviation Revision B, dated January 2, 1995. Prior to [Airspace Docket No. 94±ASO±25] safety, Incorporation by reference, further flight, repair any corroded wing outer Safety. panel internal structural component in Establishment of Class E Airspace; Hampton, GA Adoption of the Amendment accordance with the instructions contained in the above-referenced service information. Accordingly, pursuant to the AGENCY: Federal Aviation Note 2: Complying with the original Administration (FAA), DOT. authority delegated to me by the version of Univair SB No. 29, dated January ACTION: Final rule. Administrator, the Federal Aviation 27, 1994, or Univair SB No. 29, Revision A, Administration amends part 39 of the dated June 7, 1994, is considered equivalent SUMMARY: This amendment establishes Federal Aviation Regulations (14 CFR to the requirements of paragraph (a) of this Class E airspace at Hampton, GA. A GPS part 39) as follows: AD, and is considered ‘‘unless already RWY 24 Standard Instrument Approach accomplished’’ for that portion of the AD. PART 39ÐAIRWORTHINESS Procedure (SIAP) has been developed (b) Send the results of the inspection DIRECTIVES for Clayton County-Tara Field. required by paragraph (a) of this AD to the Controlled airspace extending upward 1. The authority citation for part 39 Manager, Denver Aircraft Certification Office from 700 feet above the surface (AGL) is (ACO), 5440 Roslyn Street, suite 133, Denver, continues to read as follows: needed to accommodate this SIAP and Colorado 80216. State whether corrosion was Authority: 49 U.S.C. App. 1354(a), 1421 found, the location and extent of any for instrument flight rules (IFR) and 1423; 49 U.S.C. 106(g); and 14 CFR corrosion found, and the total hours time-in- operations at the airport. The operating 11.89. service of the component at the time the status of the airport will change from VFR to include IFR operations § 39.13 [Amended] corrosion was found. (Reporting approved by the Office of Management and Budget under concurrent with publication of the 2. Section 39.13 is amended by OMB no. 2120–0056.) SIAP. removing AD 94–18–04, Amendment (c) Special flight permits may be issued in EFFECTIVE DATE: 0901 UTC, May 25, 39–9017 (59 FR 43727, September 25, accordance with sections 21.197 and 21.199 1995. 1994), and by adding a new of the Federal Aviation Regulations (14 CFR airworthiness directive to read as FOR FURTHER INFORMATION CONTACT: 21.197 and 21.199) to operate the airplane to Michael J. Powderly, System follows: a location where the requirements of this AD Management Branch, Air Traffic 94–18–04 R1 Univair Aircraft Corporation: can be accomplished. (d) An alternative method of compliance or Division, Federal Aviation Amendment 39–9173; Docket No. 94– Administration, P.O. Box 20636, CE–05–AD. Revises AD 94–18–04, adjustment of the compliance time that Amendment 39–9017. provides an equivalent level of safety may be Atlanta, Georgia 30320; telephone (404) 305–5570. Applicability: Models Ercoupe 415–C, 415– approved by the Manager, Denver ACO, 5440 CD, 415–D, 415–E, and 415–G, Forney F–1 Roslyn Street, suite 133, Denver, Colorado SUPPLEMENTARY INFORMATION: and F–1A, Alon A–2 and A–2A, and Mooney 80216. The request shall be forwarded M10 airplanes (all serial numbers), through an appropriate FAA Maintenance History certificated in any category. Inspector, who may add comments and then On January 4, 1995, the FAA Note 1: This AD applies to each airplane send it to the Manager, Denver ACO. proposed to amend part 71 of the identified in the preceding applicability Note 3: Information concerning the Federal Aviation Regulations (14 CFR provision, regardless of whether it has been existence of approved alternative methods of part 71) by establishing Class E airspace modified, altered, or repaired in the area compliance with this AD, if any, may be at Hampton GA (60 FR 396). This action subject to the requirements of this AD. For obtained from the Denver ACO. would provide adequate Class E airplanes that have been modified, altered, or (e) The inspection and installation required repaired so that the performance of the airspace for IFR operations at Clayton by this AD shall be done in accordance with County-Tara Field. requirements of this AD is affected, the Univair Service Bulletin No. 29, Revision B, owner/operator must use the authority Interested parties were invited to dated January 2, 1995. This incorporation by participate in this rulemaking provided in paragraph (d) of this AD to reference was approved by the Director of the request approval from the FAA. This Federal Register in accordance with 5 U.S.C. proceeding by submitting written approval may address either no action, if the 552(a) and 1 CFR part 51. Copies may be comments on the proposal to the FAA. current configuration eliminates the unsafe obtained from the Univair Aircraft No comments objecting to the proposal condition, or different actions necessary to Corporation, 2500 Himalaya Road, Aurora, were received. Designations for Class E address the unsafe condition described in airspace extending upward from 700 this AD. Such a request should include an Colorado 80011. Copies may be inspected at assessment of the effect of the changed the FAA, Central Region, Office of the feet or more above the surface are configuration on the unsafe condition Assistant Chief Counsel, Room 1558, 601 E. published in Paragraph 6005 of FAA addressed by this AD. In no case does the 12th Street, Kansas City, Missouri, or at the Order 7400.9B dated July 18, 1994, and presence of any modification, alteration, or Office of the Federal Register, 800 North effective September 16, 1994. The Class repair remove any aircraft from the Capitol Street, NW., suite 700, Washington, E airspace designation listed in this applicability of this AD. DC. document will be published Compliance: Required within the next 12 (f) This amendment (39–9173) revises AD subsequently in the Order. calendar months after the effective date of 94–18–04, Amendment 39–9017. this AD, unless already accomplished (See (g) This amendment (39–9173) becomes The Rule Note 2). effective on March 24, 1995. This amendment to part 71 of the To prevent wing damage caused by a Issued in Kansas City, Missouri, on March Federal Aviation Regulations (14 CFR corroded wing outer panel structural 6, 1995. part 71) establishes Class E airspace at component, which, if not detected and Barry D. Clements, corrected, could progress to the point of Hampton, GA, to accommodate a GPS Manager, Small Airplane Directorate, Aircraft structural failure, accomplish the following: RWY 24 SIAP and contain IFR Certification Service. (a) Install inspection openings in the outer operations at Clayton County-Tara wing panels and inspect the wing outer panel [FR Doc. 95–6058 Filed 3–13–95; 8:45 am] Field. The operating status of the airport internal structural components for corrosion BILLING CODE 4910±13±U will be changed from VFR to include Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13627 IFR operations concurrent with Issued in College Park, Georgia, on March 55% Stage 3 airplanes, or in the case of publication of the SIAP. 1, 1995. a new entrant, achieve a fleet mix that The FAA has determined that this Walter E. Denley, is 25% Stage 3 airplanes. These same regulation only involves an established Acting Manager, Air Traffic Division, regulations require that, after the next Southern Region. interim compliance date, December 31, body of technical regulations for which [FR Doc. 95–6277 Filed 3–13–95; 8:45 am] 1996, each operator must either reduce frequent and routine amendments are BILLING CODE 4910±13±M the number of Stage 2 airplanes it necessary to keep them operationally operates by 50% from its base level or current. It, therefore, (1) is not a achieve a fleet mix that is 65% Stage 3 ‘‘significant regulatory action’’ under 14 CFR Part 91 airplanes (or, 50% for new entrants). Executive Order 12866; (2) is not a The FAA’s experience with the first [Docket No. 28134] ‘‘significant rule’’ under DOT interim compliance date has raised a Regulatory Policies and Procedures (44 Policy on Use of Interchange serious concern involving airplane FR 11034; February 26, 1979); and (3) Agreements for Noise Compliance interchange agreements and other does not warrant preparation of a arrangements that result in an regulatory evaluation as the anticipated AGENCY: Federal Aviation individual airplane being enumerated impact is so minimal. Since this is a Administration, DOT. on the operations specifications of more routine matter that will only affect air ACTION: Policy statement. than one operator. To ensure that the traffic procedures and air navigation, it objectives of the 1990 Airport Noise and is certified that this rule will not have SUMMARY: This document sets forth a Capacity Act and the implementing a significant economic impact on a statement of Federal Aviation regulations are not compromised during Administration (FAA) policy substantial number of small entities the interim compliance period, to concerning the use of airplane sharing under the criteria of the Regulatory ensure that the benefits are fully agreements to accomplish compliance Flexibility Act. realized, and to prevent foreseeable with the Stage 3 noise transition future difficulties in compliance, the List of Subjects in 14 CFR Part 71 regulations. As a result of its experience FAA is formally stating its policy for the during the first interim compliance date, manner in which Stage 3 airplanes are Airspace, Incorporation by reference, the FAA has become aware of a noise ‘‘counted’’ for compliance purposes. Navigation (air). compliance concern involving such Recent analysis of operators’ agreements. This policy statement is Adoption of the Amendment compliance reports for 1994, which are intended to provide operators that required under 14 CFR 91.875, has In consideration of the foregoing, the participate in airplane sharing revealed that some operators appear to Federal Aviation Administration agreements with notice and guidance on have entered into Stage 3 airplane amends 14 CFR part 71 as follows: how the FAA will view such agreements sharing agreements solely or primarily for compliance with the Stage 3 for the purpose of achieving compliance PART 71Ð[AMENDED] transition regulations. with the first interim compliance DATES: This policy is effective on March deadline of the Stage 3 transition rules, 1. The authority citation for 14 CFR 14, 1995. December 31, 1994. These airplane part 71 continues to read as follows: Comments concerning this policy sharing agreements take several forms, must be received on or before including formal interchange Authority: 49 U.S.C. app. 1348(a), 1354(a), agreements between operators and 1510; EO 10854, 24 FR 9565, 3 CFR, 1959– September 11, 1995. ADDRESSES: Send comments on this instances of two or more operators 1963 Comp., 389; 49 U.S.C. 106(g); 14 CFR leasing the same airplane from a lessor. 11.69. notice to: Federal Aviation Administration (FAA), Office of the This results in the same Stage 3 airplane § 71.1 [Amended] Chief Counsel, Attn: Rules Docket, being counted for compliance by two or more operators, depending on the 2. The incorporation by reference in AGC–200, Docket No. 28134, 800 Independence Avenue SW., sharing arrangement. The FAA views 14 CFR 71.1. of Federal Aviation this result to directly contradict the Administration Order 7400.9B, Airspace Washington, DC 20591. Comments may be examined or intent and objectives the Airport Noise Designations and Reporting Points, delivered in person at the above address and Capacity Act and its implementing dated July 18, 1994, and effective regulations. in room 916G, weekdays between 8:30 Under such arrangements, a single September 16, 1994, is amended as a.m. and 5 p.m., except Federal follows: Stage 3 airplane could be used to holidays. support the presence of an almost Paragraph 6005 Class E Airspace Areas FOR FURTHER INFORMATION CONTACT: limitless number of Stage 2 airplanes. Extending Upward From 700 Feet Above the Mr. William W. Albee, Policy and Allowing a proliferation of such sharing Surface of the Earth. Regulatory Division (AEE–300), Office arrangements for the purpose of noise * * * * * of Environment and Energy, Federal rule compliance can be expected to Aviation Administration, 800 ASO GA E5 Hampton, GA [New] result in the delay of Stage 2 airplane Independence Avenue, SW., retirement or modification by the Clayton County—Tara Field, GA Washington, DC 20591; telephone (202) ° ′ ′′ ° ′ ′′ participating operators. Such delays not (Lat. 33 23 21 N, long. 84 19 57 W) 267–3553, facsimile (202) 267–5594. only reduce the anticipated benefits of That airspace extending upward from 700 SUPPLEMENTARY INFORMATION: Sections the Congressionally mandated interim feet above the surface within a 6.8 mile 91.865 and 91.867 of 14 CFR each compliance period, but have the more radius of Clayton County-Tara Field; required that as of December 31, 1994, insidious effect of operators further excluding that airspace within the Atlanta, an operator of Stage 2 airplanes either delaying the business and financial GA, Peachtree City, GA, and Griffin, GA reduce the number of Stage 2 airplanes decisions and actions necessary to Class E airspace areas. it operates by 25% from its base level, achieve full compliance by 1999. If * * * * * achieve a fleet mix of airplanes that is these paper-only compliance situations 13628 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations are allowed to continue, the FAA is reported in the fleet of more than one specifications of more than one foresees that the underlying delays and operator, the FAA will not count it in operator. To further the goals of the failures to plan and implement real the fleet of any of the reporting ANCA and its implementing compliance may easily result in an operators for noise compliance purposes regulations, the FAA will continue to unacceptable level of actual compliance until the airplane is declared by one of count a Stage 2 airplane as part of the and a large number of waiver the operators as belonging in its fleet fleet of each of the operators sharing it. applications based on arguments of alone. The FAA will not mitigate This is the method used in the financial hardship, and airplane and disputes between operators involved in compliance calculations for the 1994 hushkit unavailability as participating any airplane sharing agreement. The compliance date, and will not affect the FAA presumes that the operators operators are forced into complete actual use of any such shared Stage 2 compliance at the last minute. involved in a shared airplane agreement airplane by the participating operators. Accordingly, the FAA is formally will reach their own agreement on notifying operators of its policy that an which operator gets to count the Further, if a shared Stage 2 airplane individual Stage 3 airplane may be airplane for compliance purposes. was used to establish base level in the counted only in the fleet of one operator While the FAA anticipates that in most fleet of more than one operator by for purposes of compliance with the cases the reporting operator will be the means of its presence on the operations Stage 3 transition rules, regardless of the owner of lessor under an interchange specifications of the sharing operators number of operators participating in the agreement, any agreement between the during the appropriate period, the use of the airplane. This single counting sharing operators that results in one establishment of such base level is not does not affect the actual use of operator counting the airplanes is affected. If the shared Stage 2 airplane airplanes under interchange agreements; acceptable to the FAA. is eliminated from one or all of the fleets they may simply only be counted in the Most importantly, for purposes of the of the operators participating in the fleet of one of the participating December 31, 1996, interim compliance sharing agreement, that removal may operators for noise compliance deadline, no shared airplanes will be count for compliance purposes for all of purposes. allowed to count in the fleet of more the operators that remove it from their than one operator, regardless of the date Policy Statement of the sharing agreement, and regardless operations specifications. For the purpose of compliance with of whether the shared arrangement was In the event that any operator §§ 91.865 or 91.867, the FAA will not found valid for compliance with the participating in the sharing of a Stage 2 count an individual Stage 3 airplane in 1994 compliance date. Thus, operators airplane restricts its operations the fleet of more than one operator. that achieved compliance with the 1994 specifications to preclude the operation This policy statement does not effect compliance date by means of shared of that airplane into the contiguous any operator’s compliance with the Stage 3 airplanes are under notice that United States. To achieve compliance, December 31, 1994, compliance date. the continuation of the same all other participating operators are also Thus, if an operator used shared arrangement or any new arrangement precluded from operating that airplane airplanes to achieve compliance in will not support compliance in with the in the contiguous United States. 1994, that compliance is considered December 31, 1996, requirement. valid until December 31, 1996. The FAA is formally publishing this These policies concerning Stage 2 and After the effective date of this policy, policy at this time to give all affected Stage 3 airplanes apply to all operators however, an operator may not use any operators the maximum amount of time of aircraft affected by the Stage 3 type of airplane sharing agreement, to achieve compliance with the transition regulations, regardless of regardless of the date of the agreement, December 31, 1996 compliance date whether the operators are U.S. or non- to increase the number of Stage 2 without the use of shared Stage 3 U.S., and regardless of the level of airplanes it operates. As an example, a airplanes. As stated previously, the FAA formality of the agreement under which new entrant’s fleet consists of three has only very recently become aware of the subject airplanes are shared. Stage 2 airplanes, and two Stage 3 these arrangements and their use for Comments concerning the effect of airplanes that are also on the operations compliance as the required reports for this policy on individual operators and specifications of another operator. For 1994 have been filed and analyzed, and their compliance with the Stage 3 purposes of the December 31, 1994, it is only recently that the FAA has transition regulations should be compliance date, that new entrant will determined the serious negative be considered in compliance. However, consequences of allowing such practices submitted to the docket established for that new entrant operator may not use to continue. However, the FAA this policy statement; the FAA will the presence of the two shared Stage 3 determined that, in the interest of consider all comments received and airplanes to support the addition of fairness and the lack of a formal written refine the policy if warranted. Operators three more Stage 2 airplanes to its fleet policy before this date, such agreements that have individual questions after the date of this policy statement, that were used to comply with the 1994 concerning the effect of this policy on even though, with the addition, it would compliance date would not be their operations and compliance may ‘‘remain’’ in compliance with § 91.867 disallowed retroactively. This policy submit written inquiries to the by maintaining a fleet that is 25% Stage statement is intended to prevent the individual listed in the FOR FURTHER 3 airplanes. The FAA will not allow the further use of such agreements for noise INFORMATION CONTACT paragraph above. presence of ‘‘shared’’ Stage 3 airplanes compliance manipulation and preclude Issued in Washington, DC on March 9, act as support for additional Stage 3 the proliferation of such agreements as 1995. airplanes after the effective date of this the perceived ‘‘benefit’’ is realized. policy. Paul R. Dykeman, The above example presumes that the Shared Stage 2 Airplanes Acting Director of Environment and Energy. new entrant attempting to add Stage 2 The FAA is also aware that there are [FR Doc. 95–6224 Filed 3–13–95; 8:45 am] airplanes is not the operator that is existing sharing agreements for Stage 2 BILLING CODE 4910±13±M claiming the Stage 3 airplane as its own. airplanes that result in Stage 2 airplanes If the FAA finds a Stage 3 airplane that being listed on the operations Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13629 Coast Guard 1990, incorrectly stated that from May 1 Paperwork Reduction Act (44 U.S.C. to October 31 from 7:30 p.m. to 7:30 3501 et seq.). 33 CFR Part 117 a.m. the draw would open for vessel Federalism Assessment [CGD05±94±008] traffic on the hour and half-hour. The State Highway Administration, This action has been analyzed in RIN 2115±AE47 Maryland Department of Transportation, accordance with the principles and has been operating the draw according criteria contained in Executive Order Drawbridge Operation Regulations; to the schedule published in this public 12612, and it has been determined that Spa Creek, MD notice since early 1990. this rule will not have sufficient AGENCY: Coast Guard, DOT. They wish to continue operating the federalism implications to warrant preparation of a Federalism Assessment. ACTION: Final rule. bridge on the hour and half-hourly schedule from 7:30 p.m. to 7:30 a.m. Environment SUMMARY: The Coast Guard is adopting published in the public notice, as as final the interim rule published in the opposed to the ‘‘open on signal’’ The Coast Guard considered the Federal Register on August 29, 1994, schedule published in the Federal environmental impact of this rule and changing the regulations governing the regulation. The Coast Guard has not concluded that under section SR 181 bridge over Spa Creek, mile 0.4, received any complaints from the 2.B.2.e.(32)(e) of Commandant in Annapolis, Maryland, by restricting boating community, and the operating Instruction M16475.1B, this rule is the number of bridge openings during schedule has been posted on the bridge. categorically excluded from further the boating season between the hours of environmental documentation. A Regulatory Evaluation 7:30 p.m. to 7:30 a.m. This is intended Categorical Exclusion Determination to provide for regularly scheduled This rule is not a significant statement and checklist has been drawbridge openings to help reduce regulatory action under section 3(f) of prepared and placed in the rulemaking motor vehicle traffic delays and Executive Order 12866 and does not docket. congestion on the roads and highways require an assessment of potential costs List of Subjects in 33 CFR Part 117 linked by this drawbridge. and benefits under section 6(a)(3) of that Bridges. EFFECTIVE DATE: This rule is effective on order. It has been exempted from review April 13, 1995. by the Office of Management and Regulations FOR FURTHER INFORMATION CONTACT: Budget under that order. It is not Accordingly, the interim rule Ann B. Deaton, Bridge Administrator, significant under the regulatory policies amending 33 CFR part 117 which was Fifth Coast Guard District, at (804) 398– and procedures of the Department of published at 59 FR 44315 on August 29, 6222. Transportation (DOT) (44 FR 11040; 1994, is adopted as a final rule without SUPPLEMENTARY INFORMATION: Drafting February 26, 1979). The Coast Guard change. expects the economic impact of this rule Information: The drafters of this notice Dated: January 20, 1995. are Linda L. Gilliam, Project Officer, and to be so minimal that a full Regulatory Evaluation under paragraph 10e of the M.K. Cain, LCDR Christopher A. Abel, Project Captain, U.S. Coast Guard, Commander, Fifth Attorney, Fifth Coast Guard District. regulatory policies and procedures of DOT is unnecessary. Coast Guard District, Acting. Regulatory History [FR Doc. 95–6153 Filed 3–13–95; 8:45 am] Small Entities On August 29, 1994, the Coast Guard BILLING CODE 4910±14±M published an interim final rule with Under the Regulatory Flexibility Act request for comments entitled Spa (5 U.S.C. 601 et seq.), the U.S. Coast Creek, Maryland, in the Federal Guard must consider the economic DEPARTMENT OF THE INTERIOR impact on small entities of a rule for Register (59 FR 44315). The comment National Park Service period ended October 28, 1994. The which a general notice of proposed rulemaking is required. ‘‘Small entities’’ Coast Guard received no comments on 36 CFR Part 7 the interim final rule. include independently owned and operated small businesses that are not RIN 1024±AC20 Background and Purpose dominant in their field and that The Maryland Department of otherwise qualify as ‘‘small business Grand Teton National Park, WY; Transportation requested further concerns’’ under section 3 of the Small Mountain Climbing and Winter regulation of the drawbridge across Spa Business Act (15 U.S.C. 632). This rule Backcountry Trip Regulations Creek, mile 0.4, at Annapolis, Maryland, does not require a general notice of AGENCY: National Park Service, Interior. proposed rulemaking and, therefore, is during the evening hours during the ACTION: Final rule. boating season. The Coast Guard is exempt from the regulatory flexibility restricting the number of openings for requirements. Although exempt, the SUMMARY: The National Park Service the passage of vessels from May 1 to Coast Guard has reviewed this rule for (NPS) is eliminating registration and October 31 from 7:30 p.m. to 7:30 a.m., potential impact on small entities. check out requirements for climbing and Monday through Friday, except Federal Because it expects the impact of this off trail travel above 7,000 ft., and for holidays. rule to be minimal, the Coast Guard winter travel in Grand Teton National The previous regulation published in certifies under 5 U.S.C. 605(b) that this Park. Existing regulations requiring the Federal Register (55 FR 4604) on rule will not have a significant climbers, off trail hikers, and winter February 9, 1990, stated that the draw economic impact on a substantial travel users to register and check out shall open on signal for the passage of number of small entities. upon completion of their activity were vessel traffic from May 1 to October 31 intended primarily to provide Collection of Information from 7:30 p.m. to 7:30 a.m., Monday information necessary to initiate search through Friday, except Federal holidays. This rule contains no collection of and rescue responses. Actual experience Public Notice 5–709 issued March 7, information requirements under the over the years has shown that the 13630 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations intended purpose of these regulations partners, other park backcountry users, under the Regulatory Flexibility Act (5 has not been achieved. Nearly all search friends or relatives. U.S.C. 601 et. seq.), because it deletes an and rescue responses are generated by The NPS believes the deletion of these existing requirement and gives more reports from sources other than the rules will make the management of discretion to the park visitor. mountain climbing and winter check out system. Instead of aiding The NPS has determined that this rescuers, these regulations burden park backcountry trips more consistent with proposed rulemaking will not have a rangers with the task of checking on the practices of both State and Federal significant effect on the quality of the countless cases of climbers and agencies whose lands are contiguous backpackers who failed to check out. with Grand Teton National Park. human environment, health and safety These regulations have been enforced Overnight backcountry trips will because it is not expected to; selectively for several years, where local continue to be regulated by general (a) Increase public use to the extent of climbers and guides have not been camping regulations at 36 CFR 2.10. compromising the nature and character forced to register because of an assumed A voluntary registration system will of the area causing physical damage to expertise and knowledge of the local be available to climbers and it: backcountry travelers who choose to use area. The deletion of these regulations (b) Introduce noncompatible uses it. The exchange of information between will not eliminate visitor protection which might compromise the nature services provided by park personnel. climbers, off-trail hikers, winter travelers and park rangers will still be and characteristics of the area, or cause EFFECTIVE DATE: The final rule becomes physical damage to it; effective April 13, 1995. available and encouraged without mandating it through regulation. (c) Conflict with adjacent ownerships ADDRESSES: Comments should be Furthermore, the park staff will be or land uses; or addressed to: Superintendent, Grand educating park users to leave trip Teton National Park, P.O. Drawer 170, (d) Cause a nuisance to adjacent information with family or friends, owners or occupants. Moose, WY 83012. shifting responsibility for trip planning FOR FURTHER INFORMATION CONTACT: onto the park user. Based on this determination, this Colin W. Campbell, Law Enforcement A proposed rule was published May rulemaking is categorically excluded Specialist, Grand Teton National Park, 13, 1994 in the Federal Register (59 FR from the procedural requirements of the Telephone: 307–733–2880. 25001). In addition to the Federal National Environmental Policy Act Register, a press release concerning the (NEPA) by Departmental Regulations in SUPPLEMENTARY INFORMATION: proposed change was released in the 516 DM 6, (49 FR 21438). As such, Background Jackson, Wyoming area, as well as local neither an Environmental Assessment The existing National Park Service climbing shops and guides being nor an Environmental Impact Statement (NPS) special regulations that pertain to notified of the proposed change. No has been prepared. mountain climbing, off trail travel, and responses were received during the This rule was not subject to Office of winter travel trips in Grand Teton following 30-day public review and Management and Budget review under comment period. Consequently, the rule National Park are codified at 36 CFR Executive Order 12866. 7.22 (f) and (g). They require all promulgated here is the same as the one technical climbers, off trail travel, and proposed. List of Subjects in 36 CFR Part 7 winter travel users to register or check Public Participation in prior to undertaking these activities The policy of the National Park National parks. and to check out with a ranger upon Service is, whenever practicable, to completion of the activity. The original In consideration of the foregoing, 36 afford the public an opportunity to CFR Chapter I is amended as follows: intent was primarily to provide park participate in the rulemaking process. search and rescue personnel with the Accordingly, interested persons may knowledge that a park user was in PART 7ÐSPECIAL REGULATIONS, submit written comments regarding this AREAS OF THE NATIONAL PARK essence overdue from a potentially final rule to the address noted at the SYSTEM dangerous activity. In reality, almost all beginning of this rulemaking. Grand perceived overdue parties concerned Teton National Park staff will also be climbers and backcountry users failing making public notices in local papers 1. The authority citation for part 7 to properly check out. In addition, the and contacting representatives of the continues to read as follows: vast majority of winter travelers either local climbing community. ignore or do not know of the Authority: 16 U.S.C. 1, 3, 9a, 460(q), requirement to register, and strict Drafting Information: The primary authors 462(k); Sec. 7.96 also issued under D.C. Code enforcement of this regulation has not of this proposed rule are Colin W. Campbell, 8–137 (1981) and D.C. Code 40–721 (1981). Law Enforcement Specialist and Mark L. been done for several years. The result Magnuson, Jenny Lake Sub-District Ranger. has been a combination of non- 2. In § 7.22, paragraphs (f) and (g) are compliance, failure to check out, failure Paperwork Reduction Act removed, and paragraphs (h) and (i) are to contact a ranger in a timely manner This rulemaking does not contain redesignated paragraphs (f) and (g) and wasted time and energy on the part information collection requirements that respectively. of the park staff administering the require approval by the Office of Dated: January 24, 1995. system. After working with these Management and Budget under 44 restrictions since promulgation it has U.S.C. 3501 et seq. George T. Frampton, Jr., been determined that they are not achieving their original purpose of Compliance With Other Laws Assistant Secretary for Fish and Wildlife and Parks. saving lives by alerting search and The Department of the Interior has rescue personnel. In reality, almost all determined that this document will not [FR Doc. 95–6241 Filed 3–13–95; 8:45 am] park search and rescue efforts are the have a significant economic effect on a BILLING CODE 4310±70±P result of initial reports by climbing substantial number of small entities Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13631 ENVIRONMENTAL PROTECTION requirements of section 182(a)(1) of the Errors in the emissions inventory could AGENCY Clean Air Act (Act). The emission lead to errors in the calculated emission inventory submittal covers the reduction requirement (both in total and 40 CFR Part 52 emissions of Volatile Organic by source category) and the efficacy of [IL63±3±6803; FRL±5170±5] Compounds (VOC), Oxides of Nitrogen the VOC versus NOx controls, all of (NOx), and Carbon Monoxide (CO) for which are important issues in the Lake Approval and Promulgation of the following ozone nonattainment Michigan Basin. Implementation Plan; State of Illinois areas: Chicago (Cook, DuPage, Kane, The commenters note that monitoring Lake, McHenry, and Will Counties, Aux data contradicting emission inventories AGENCY: Environmental Protection Sable and Goose Lake Townships in is not unique to northeastern Illinois, Agency. Grundy County, and Oswego Township suggesting that there may be a ACTION: Final rule. in Kendall County); Metro-East St. Louis fundamental flaw in the process (Madison, Monroe, and St. Clair recommended by the USEPA for SUMMARY: On September 13, 1994, the Counties); and Jersey County. In developing emission inventories. The United States Environmental Protection addition to emissions from the commenters state that the USEPA Agency (USEPA) published direct final nonattainment areas, the submittal also should act to resolve these problems rulemaking approving 1990 base year covers VOC, NOx, and CO emissions immediately. Furthermore, the ozone precursor emissions inventories from major stationary sources located inventories should be adjusted to be for the Chicago, Metro-East St. Louis, within 25 miles of the ozone consistent with convincing monitoring and Jersey County, Illinois ozone nonattainment areas. The focus of this data like those collected by LADCO. nonattainment areas as a revision to the rulemaking is the ozone precursor Response: The USEPA is aware of the Illinois State Implementation Plan (SIP). emissions in the ozone nonattainment monitoring data collected during the On the same day, a proposed rule was areas. Lake Michigan Ozone Study (LMOS) also published which established a 30- On September 13, 1994 (59 FR 46920), and their implications regarding the day public comment period, noting that, USEPA published a direct final rule emissions inventory. The data imply if adverse comments were received approving the emissions inventories as that VOC emissions in the LMOS regarding the direct final rule, the a revision of the Illinois ozone SIP. On domain, and particularly in the Chicago USEPA would withdraw the direct final the same day, USEPA published a and Milwaukee ozone nonattainment rule and publish an additional final rule proposed rule (59 FR 46948) noting that areas, are underestimated or that NOx to address the public comments. if adverse comments were received emissions are overestimated. It is noted, Adverse comments were received regarding the direct final rule, the however, that these monitoring data are during the public comment period. This USEPA would withdraw the direct final not sufficient in quantity and detail to revised final rule summarizes the public and publish another final rule allow detailed, source category-specific comments and USEPA’s responses and addressing the public comments. corrections to the emissions inventory. finalizes the approval of the 1990 base Adverse comments were received The data imply that the States and the year ozone precursor emissions regarding the direct final rule. This USEPA should continue to pursue inventories for the Illinois ozone subsequent final rule addresses the improved emission inventory nonattainment areas. adverse comments and announces techniques. EFFECTIVE DATE: This action will be USEPA’s final action regarding Illinois’ It is further noted that the LMOS effective April 13, 1995. base year ozone precursor emission States (Illinois, Indiana, Michigan, and ADDRESSES: Copies of the SIP revision, inventories. Wisconsin) have pursued improvements in the emissions inventories subsequent public comments and USEPA’s II. Public Comments responses are available for inspection at to the submittal of the 1990 base year the following address: (It is The following discussion summarizes emissions inventories. These emissions recommended that you telephone the comments received regarding the inventory improvements have led to Edward Doty at (312) 886–6057 before emissions inventories and the USEPA significantly improved agreement with visiting the Region 5 office.) responses to those comments. All the monitoring data collected during the comments were included in a single set LMOS. The emissions data to be used in United States Environmental Protection of comments submitted jointly by the the Lake Michigan Ozone Control Agency, Region 5, Air and Radiation American Lung Association of Program (LMOP) (the modeling analysis Division, 77 West Jackson Boulevard, Metropolitan Chicago and the Citizens conducted to select emission control Chicago, Illinois 60604. Commission for Clean Air in the Lake measures, to assess the merits of VOC FOR FURTHER INFORMATION CONTACT: Michigan Basin. versus NOx controls, and to demonstrate Edward Doty, Regulation Development Comment: The commenters note that attainment of the ozone standard in the Section (AR–18J), Regulation air quality monitoring and modeling LMOS/LMOP modeling domain) agree Development Branch, Air and Radiation performed by the Lake Michigan Air favorably with the monitoring data. Division, United States Environmental Directors Consortium (LADCO) Some changes in the base year Protection Agency, Region 5, 77 West indicates that the Chicago area emissions inventories are expected to Jackson Boulevard, Chicago, Illinois emissions inventory underestimates result from this process. These changes 60604, Telephone Number (312) 886– VOC emissions by as much as 1.5 times will be assessed by the USEPA when the 6057. and overestimates NOx emissions. VOC demonstrations of attainment are SUPPLEMENTARY INFORMATION: speciation profiles indicate that the submitted. If significant changes in the inventory is underestimating mobile base year emissions inventories are I. Background Information and/or area source emissions. implied by the modeling input data, the The 1990 base year emissions The commenters point out that the USEPA may consider requesting the inventories discussed in this rule were accuracy of the emissions inventory is States to revise the base year emission submitted by the Illinois Environmental critical since it is difficult to solve an inventories approved previously by the Protection Agency (IEPA) on November ozone attainment problem when the USEPA. Alternatively, with concurrence 12, 1993 in compliance with the source of the problem is not understood. from the State, the USEPA may 13632 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations rulemake to revise the approved base (impedance) data, used in the the IEPA as a point source category and year emissions inventories at the same development of the 1990 base year not as an area source category in the time that the USEPA acts on the mobile source emission estimates, to Chicago ozone nonattainment area. A demonstration of attainment. considerable scrutiny before they were total of 62 POTW facilities were Because the State followed USEPA used in the estimation of emissions. It addressed in the Chicago nonattainment guidelines in preparing the emission was determined that the model speed point source inventory. inventories covered in this rulemaking, data were representative and could be The IEPA estimates were primarily the USEPA does not believe it is properly used ‘‘as is.’’ based on data obtained from the IEPA’s appropriate to disapprove the base year As described in the emissions Division of Water Pollution Control, emissions inventories at this time. Such inventory documentation, the IEPA which issues permits to all POTW a disapproval would not be adequately checked the model link speeds by road facilities. The permit files contain supported by the monitoring data type and found them to be reasonable facility-specific data including, but not collected during the LMOS. and representative. In particular, model limited to, a facility’s monthly average Comment: LADCO monitoring and speeds were checked by road type under flowrates and the location of the facility. speciation data indicate that mobile free and congested conditions. Model Other information not obtained from the source emissions are underestimated in speeds were, in general, less under permit files, such as industrial the Chicago area emissions inventory. A congested conditions than under free wastewater contribution, were either contributing factor may be inaccurate flow conditions; and average speeds for directly solicited from the facilities speed data. In comments addressing the different road types differed as themselves or were given a default value conformity findings for the 1993–1997 expected. Local streets had the lowest consistent with the recommendations of and 1994–1998 Transportation average speeds, typically in the 20 to 35 the USEPA based on the guidelines Improvement Programs and mile per hour range, while rural contained in Procedures for the Transportation System Development interstates had the highest average Preparation of Emission Inventories for Plans, a number of organizations speeds, up to 65 miles per hour. Speeds Precursors of Ozone, Volume I (EPA– identified problems with the Chicago on very congested streets were below 10 450/4–88–021). The emissions Area Transit Study (CATS) miles per hour, as would be expected inventory documentation submitted by transportation model that could lead to during ‘‘rush hour’’ periods. Model the IEPA contained a detailed inaccurate speed estimates. The speeds for most roads, except interstates discussion of IEPA’s emission problems identified were: and freeways, were in the 25 to 45 mile estimation methodology for this source 1. The speeds used to estimate mobile per hour range. The model speeds for category. source emissions are not based on actual each roadway type agree broadly with Hazardous Waste Landfills and measurements but instead are a function speeds observed on roads of that type Municipal Landfills of applicable speed limits, numbers of both in Chicago and elsewhere. It traffic lights, type of road, etc. With should be noted that the transportation The Chicago ozone nonattainment little or no empirical data to support the model used by CATS takes intersection area emissions inventory includes speed estimates, they are highly suspect. delays into account. emissions for landfills within the point 2. In order to generate accurate With regard to the comments source emissions inventory rather than speeds, the model should post-process concerning the overestimation of as an area source category. The IEPA link speeds. emissions, CATS has recently used information from the IEPA 3. The model should account for introduced a modeling method of Division of Land Pollution Control to intersection delays. feeding trip times back into the mode determine the size, type, age, and These problems are likely to lead to choice and trip distribution parts of the location of landfills in the Chicago underestimation of emissions. transportation model. In addition, CATS nonattainment area. In cases where Other model deficiencies may have has introduced the use of peak and off- some of the information was missing, skewed speeds in a manner that resulted peak modeling components. These new estimates were based on the best in overestimation of emissions or had model features have had a negligible available information. The emissions no effect on emissions. For example, the effect on the model output. inventory contains emissions estimates model should feed trip times back to the Comment: Accurate emissions are for 229 landfills with a total of 4.59 tons mode choice and trip distribution missing for the following source per day of VOC emissions. portions of the model to account for categories: Calculation of landfill emissions was persons who choose a different mode or based on the 1988 document, Air 1. Publicly Owned Treatment Works avoid congested areas. The model Emissions from Municipal Solid Waste (POTWs); should also have separate peak and non- 2. Hazardous Waste Landfills; Landfills—Background Information for peak components that account for 3. Municipal Landfills; Proposed Standards and Guidelines. An drivers taking trips during less 4. Leaking Underground Storage Tanks emission factor of 35.36 tons VOC per congested hours of the day, instead of (LUSTs); year per million tons of refuse was used the fixed time-of-day factors that the 5. Lawn Care Pesticide Applications; in the emission estimations. This was model currently uses. 6. Agricultural Burning; based on a recommended emission The above problems should be 7. Catastrophic/Accidental Releases; factor of 13.6 tons VOC per year per remedied before USEPA gives final 8. Waste Disposal Incinerators; and million tons of refuse multiplied by 2.6 approval to the emissions inventory. 9. Small (10 to 25 tons per year) VOC- to account for the fact that the Chicago Response: It is true that the link emitting Facilities. area receives more than 23 inches of speeds given in the transportation Response: Each of the source precipitation per year. model output are not actual measured categories are individually responded to Catastrophic/Accidental Releases and speeds, but rather ‘‘impedances’’ with below: the dimensions of speed that are used to Leaking Underground Storage Tanks make the model’s estimated traffic Publicly-Owned Treatment Works Catastrophic/accidental releases were levels balance. Both the IEPA and CATS The Publicly-Owned Treatment not included in the Chicago subjected the CATS network speed Works (POTW) category was treated by nonattainment area inventory due to the Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13633 lack of USEPA emission inventory Small (10 to 25 Tons Per Year) VOC- capita than for other urban areas. Given guidance for this source category and Emitting Facilities that additional controls on area sources the lack of available data. In addition, The Chicago nonattainment area point are likely to be included in Illinois’ note that the USEPA guidance requires source emissions inventory includes attainment plan, accuracy of the area that the emissions be estimated for a emissions from small facilities emitting source emissions is especially typical ozone season weekday. Since less than 25 tons VOC per year. All important. Response: With regard to the graphic such releases are random and the extent permitted emission sources were arts category, USEPA guidelines, as of emissions can not be calculated, the included in the point source emissions used by the IEPA, recommended the use IEPA, with concurrence from the inventory regardless of their size. The of population-based per capita emission USEPA, did not include emissions from emissions inventory includes source this category in the emissions inventory. factors to estimate county total graphic facilities with emissions as low as 0.01 There is a similar lack of information arts emissions. However, since the tons per day or 0.1 pounds per hour. regarding VOC emissions from Leaking Illinois point source emissions Underground Storage Tanks (LUSTs). Although these facilities were not inventory contains emissions from Although information on the location of individually documented in the major graphic arts facilities, the IEPA followed LUST cleanups is available, quantifying source summary documentation of the USEPA guidelines and subtracted point the VOC emissions resulting from the emissions inventory submittal, their source emissions for this source leaks and from the cleanup operations is emissions were totalled in the category from the calculated area source complicated by the lack of information appropriate activity-related source emissions total. This subtraction is on the amount of gasoline or other categories. performed to avoid double counting of Comment: An area of concern is the volatile materials released, the amount emissions. If one compares the total of lack of rule effectiveness factors for of material that has reached the water point and area source emissions for this many source categories in the emission table, and the amount of material that source category on a per capita basis inventories. For sources that do have has been trapped in the soil. The with similar emission rates for other rule effectiveness estimates, there is USEPA concurs with the omission of major areas, one would find better little information explaining how the these emissions given the lack of data. agreement. The low area source per estimates were selected. capita emission rate is an artifact of the Lawn Care Pesticide Applications Response: As noted in the emission thoroughness of Illinois’ point source The IEPA did not calculate these inventory documentation, the State emissions inventory. emissions due to a lack of available assumed a default rule effectiveness of Regarding the automobile refinishing USEPA guidance for this source and to 80 percent for most source categories, as area source category, emissions were not a lack of available data. In addition, the recommended in USEPA guidelines. A estimated using only a population-based IEPA believes that such emissions are rule effectiveness of 100 percent was emission factor. The Chicago already accounted for under the used for sources that estimated automobile refinishing area source household pesticide subcategory of the emissions using direct measurement emission estimates were determined by commercial/consumer solvents methodologies, such as mass balance. apportioning national automobile category. The USEPA concurs with the These procedures comply with Illinois’ refinishing activity data, such as the omission of these emissions given the Inventory Preparation Plan, previously amount of coating usage, to the Chicago lack of data and guidance. approved by the USEPA. area on the basis of population. This The State, as part of the LMOS, method was chosen, with the approval Agricultural Burning determined facility-specific rule and support (through the use of a Agricultural burning was not effectiveness levels for major facilities USEPA contract) of the USEPA, to better considered to be significant with emission control efficiencies in quantify the emissions from different summertime source of VOC emissions excess of 95 percent. All non-studied operations involved in automobile in the Chicago ozone nonattainment facilities with emission control refinishing and for better estimation of area since such burning occurs efficiencies in excess of 95 percent were emission reductions resulting from primarily outside of the summer assumed to have rule effectiveness required controls. The method months. The Chicago nonattainment levels equal to the median rule employed would lead to per capita area does contain VOC emissions effectiveness determined in the facility- emission rates differing from those in resulting from forest fires as well as specific study, approximately 92 urban areas where a strict per capita from burning of landscape waste under percent. The study parameters and emission rate were used. The the open burning category. results were included in documentation directionality of the differences does not referenced in the emissions inventory imply that the technique used by the Waste Disposal Incinerators submittal. The USEPA has reviewed this IEPA is in error. The Chicago nonattainment area documentation, and has determined it Regarding emissions from non-road emissions inventory includes VOC to be acceptable. Therefore, the State construction equipment, it must be emissions from waste disposal has taken an acceptable approach to noted that IEPA simply used emission incinerators. The summary of these applying rule effectiveness and has estimates provided by USEPA’s Office emissions can be found in Table 2–2 of adequately documented this approach of Mobile Sources. In 1991, the USEPA the Chicago area emissions inventory and the resulting rule effectiveness issued an emissions inventory for each submittal under the category, Municipal estimates. of the ozone and carbon monoxide Waste: Combustion. This category Comment: The use of questionable nonattainment areas. The IEPA used the summarizes the point source inventory population-based emissions factors emissions inventory provided by the for Commercial/Institutional, appears to have contributed to low USEPA for the Chicago ozone Governmental, and Industrial Waste emission estimates for some area nonattainment area. Given the detail of Incineration. There are a total of 121 sources. For example, estimates of the data used and the extent of the source facilities in this category, graphic arts, auto body refinishing, and quality assurance of this emissions emitting a total of 1.62 tons VOM per non-road construction equipment VOC inventory, the IEPA believes, and the day. emissions are significantly lower per USEPA agrees, that no better estimate of 13634 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations non-road construction equipment This action has been classified as a List of Subjects in 40 CFR Part 52 emissions is available at this time and Table 2 action by the Regional Environmental protection, Air that the current emissions estimate is Administrator under the procedures pollution control, Carbon monoxide, appropriate. It is additionally noted that published in the Federal Register on Hydrocarbons, Nitrogen dioxide, Ozone, the emissions inventory submitted by January 19, 1989 (54 FR 2214–2225), as Volatile organic compounds. the IEPA incorporated by reference the revised by an October 4, 1993, documentation of the non-road memorandum from Michael H. Shapiro, Dated: February 23, 1995. construction equipment emissions Acting Assistant Administrator for Air Robert Springer, estimates supplied by the USEPA. and Radiation. The Office of Acting Regional Administrator. Comment: The commenters note that Management and Budget (OMB) has Part 52, chapter I, title 40 of the Code the emissions for railroads and airport exempted this regulatory action from of Federal Regulations is amended as lack documentation. In addition, the Executive Order 12866 review. follows: commenters note that, given that a high Nothing in this action should be speed rail and a third airport are both construed as permitting or allowing or PART 52Ð[AMENDED] under consideration for the Chicago establishing a precedent for any future area, this lack of documentation is request for revision to any SIP. Each 1. The authority citation for part 52 especially troublesome. request for revision to any SIP shall be continues to read as follows: Response: Discussion of the considered separately in light of specific Authority: 42 U.S.C. 7401–7671q. technical, economic, and environmental estimation procedures used for railroad Subpart OÐIllinois and airport emissions is contained on factors and in relation to relevant pages 196 through 221 of the Chicago statutory and regulatory requirements. 2. Section 52.726 is amended by emissions inventory documentation Under the Regulatory Flexibility Act, adding paragraph (i) to read as follows: submitted to the USEPA. The discussion 5 U.S.C. 600 et seq., USEPA must of railroad emissions includes an prepare a regulatory flexibility analysis § 52.726 Control strategy: Ozone. estimate of statewide railroad fuel assessing the impact of any proposed or * * * * * usage, which was apportioned to the final rule on small entities. 5 U.S.C. 603 (i) The base year (1990) ozone nonattainment area counties based on and 604. Alternatively, USEPA may emission inventory requirement of the county to State ratios of railroad certify that the rule will not have a section 182(a)(1) of the Clean Air Act, as track mileage. The county fuel usage significant economic impact on a amended in 1990, has been satisfied for figures were then multiplied by a per substantial number of small entities. the following Illinois ozone unit fuel usage emission rate factor. This Small entities include small businesses, nonattainment areas: the Chicago approach is acceptable to the USEPA. small not-for-profit enterprises, and nonattainment area—Cook, DuPage, The method used for airport government entities with jurisdiction Kane, Lake, Will and McHenry emissions evaluated commercial aircraft over populations of less than 50,000. Counties, Aux Sable and Gooselake activity at O’Hare and Midway Airports The SIP approvals under section 110 Townships in Grundy County, and on an aircraft engine-specific basis and subchapter I, part D, of the Act do Oswego Township in Kendall County; incorporating modal emission rates. The not create any new requirements, but the Metro-East St. Louis nonattainment modal emission rate for each engine is simply approve requirements that the area—Madison, Monroe, and St. Clair a function of the amount of fuel burned State is already imposing. Therefore, Counties; and Jersey County. for each of the four modes power because the Federal SIP approval does [FR Doc. 95–6161 Filed 3–13–95; 8:45 am] settings. The four modes are taxi/idle, not impose any new requirements, I BILLING CODE 6560±50±P takeoff, climbout, and approach. certify that it does not have a significant Emissions were estimated for impact on small entities. Moreover, due approximately 60 different commercial to the nature of the Federal-State 40 CFR Parts 52 and 81 engine types. Emissions from the relationship under the Act, preparation remaining aircraft categories, military of a regulatory flexibility analysis would [IL80±3±6838; FRL±5170±4] constitute Federal inquiry into the and general aviation, were estimated Approval and Promulgation of economic reasonableness of State based on the number of landing and Implementation Plans and action. The Act forbids the USEPA to take-off (LTO) cycles of each aircraft Designations of Areas for Air Quality base its actions concerning SIPs on such type. These LTO cycles were also the Planning Purposes; Illinois basis of the emissions estimates grounds. Union Electric Co. v. U.S. performed for all of the other airports in E.P.A., 427 U.S. 246, 256–66 (1976). AGENCY: Environmental Protection the Chicago ozone nonattainment area. Under section 307(b)(1) of the Act, Agency (USEPA). These estimation procedures were petitions for judicial review of this ACTION: Final rule. documented in IEPA’s emissions action must be filed in the United States inventory submittal and were found to Court of Appeals for the appropriate SUMMARY: On November 25, 1994, be acceptable by the USEPA. circuit by May 15, 1995. Filing a USEPA proposed to approve a State petition for reconsideration by the Implementation Plan (SIP) request to III. Final Rulemaking Action Administrator of this final rule does not redesignate the Jersey County, Illinois The State of Illinois has met the affect the finality of this rule for the marginal ozone nonattainment area to requirements [section 182(a)(1)] of the purposes of judicial review nor does it attainment of the public health based Act for the submittal of base year ozone extend the time within which a petition ozone air quality standard. The USEPA precursor emissions inventories. The for judicial review may be filed, and also proposed approval of the USEPA approves the State’s 1990 base shall not postpone the effectiveness of accompanying maintenance plan as a year ozone precursor emission such rule or action. This section may SIP revision. The redesignation request inventories for the Chicago, Metro-East not be callenged later in proceedings to and maintenance plan were submitted St. Louis, and Jersey County ozone enforce its requirements (see section by the Illinois Environmental Protection nonattainment areas. 307(b)(2)). Agency (IEPA) on November 12, 1993. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13635 The State has met the requirements for SIP revision request to redesignate the Hydrocarbons, Nitrogen dioxide, Ozone, redesignation contained in the Clean Air Jersey County, Illinois ozone Volatile organic compounds. Act (Act). The redesignation request is nonattainment area to attainment and Environmental protection, Air based on ambient monitoring data that the accompany maintenance plan. pollution control, Carbon monoxide, show no violations for the ozone Please refer to the November 25, 1994, Hydrocarbons, Nitrogen dioxide, Ozone, National Ambient Air Quality Standard Federal Register (59 FR 60577) and the Volatile organic compounds. July 8, 1994, technical support during the three-year period from 1990 Dated: February 23, 1995. through 1992. Public comments were document for additional information on Robert Springer, solicited on the redesignation request, this final rule. maintenance plan and on USEPA’s With respect to the requirement of Acting Regional Administrator. proposed action. No public comments section 172(c)(3), the USEPA notes that Chapter I, title 40 of the Code of were received. the State of Illinois has developed and Federal Regulations is amended as EFFECTIVE DATE: This final rule becomes submitted the required emissions follows: effective on April 13, 1995. inventory, which section 182(a)(1) required to be submitted by November PART 52Ð[AMENDED] ADDRESSES: Copies of the SIP revision 15, 1992. On September 13, 1994, relevant to this action are available for USEPA proposed approval of the 1. The authority citation for part 52 public inspection during normal emissions inventory for Jersey County continues to read as follows: business hours at the following location: (59 FR 46920). Elsewhere in this Authority: 42 U.S.C. 7401–7671q. U.S. Environmental Protection Agency, Federal Register, the USEPA has taken Region 5, Regulation Development final action on Illinois’ Emissions Subpart OÐIllinois Branch, 77 West Jackson Boulevard, Inventory SIP revision request, Chicago, Illinois 60604. including that portion for Jersey County. 2. Section 52.726 is amended by FOR FURTHER INFORMATION CONTACT: adding paragraph (h) to read as follows: Public Comments Edward Doty, Regulation Development § 52.726 Control strategy: Ozone. Section (AR–18J), Regulation The public comment period for the Development Branch, Air and Radiation November 25, 1994 (59 FR 60577), * * * * * Division, United States Environmental notice of proposed rulemaking to (h) Approval—On November 12, Protection Agency, Region 5, 77 West approve the redesignation request for 1993, the Illinois Environmental Jackson Boulevard, Chicago, Illinois Jersey County closed on December 27, Protection Agency submitted an ozone 60604 (312) 886–6057. 1994, and no comments were received. redesignation request and maintenance plan for Jersey County ozone SUPPLEMENTARY INFORMATION: On Final Rulemaking Action November 12, 1993, the IEPA submitted nonattainment area and requested that a redesignation and maintenance plan The USEPA is approving the Jersey County be redesignated to for Jersey County as a requested SIP redesignation of Jersey County to attainment for ozone. The redesignation revisions. The IEPA has requested that attainment for ozone because the State request and maintenance plan meet the Jersey County be redesignated to of Illinois has met the requirements of redesignation requirements in section attainment for ozone. the Act revising the Illinois ozone SIP 107(d)(3)(d) of the Act. The On November 6, 1991 (56 FR 56694), and is approving the maintenance plan redesignation meets the Federal the USEPA formally designated Jersey as a revision to the SIP. requirements of section 182(a)(1) of the County as a marginal ozone This action has been classified as a Clean Air Act as a revision to the nonattainment area. This classification Table 3 action by the Regional Illinois ozone State Implementation and designation was based on a Administrator under the procedures Plan for Jersey County. monitored violation of the ozone published in the Federal Register on * * * * * National Ambient Air Quality Standard January 19, 1989 (54 FR 2214–2225), as in Jersey County in 1988. revised by an October 4, 1993 PART 81Ð[AMENDED] Jersey County is a rural county memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air 1. The authority citation for part 81 located approximately 25 miles north of continues to read as follows: St. Louis, Missouri. Based on the 1990 and Radiation. The OMB has exempted census, the population of Jersey County this regulatory action from Executive Authority: 42 U.S.C. 7401–7871q. Order 12866 review. is 20,539, with the largest urban 2. In § 81.314 the ozone table is population being that of Jerseyville, List of Subjects amended by revising the entry ‘‘Jersey with a population of approximately County Area’’ to read as follows: 8,000. 40 CFR Part 52 On November 25, 1994, (59 FR 60577) Environmental protection, Air § 81.314 Illinois. the USEPA proposed approval of the pollution control, Carbon monoxide, * * * * * ILLINOISÐOZONE Designation Classification Designated areas Date1 Type Date1 Type ******* Jersey County Area Jersey County ...... [*] Attainment. ******* 1 This date is November 15, 1990, unless otherwise noted. * April 13, 1995. 13636 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations [FR Doc. 95–6160 Filed 3–13–95; 8:45 am] notice of inquiry (NOI) in a proceeding preferences will be required to pay for BILLING CODE 6560±50±P that addresses a new service or their licenses in accord with the technology, if such a document is issued payment formula specified in the GATT in advance of a notice of proposed legislation. The GATT legislation FEDERAL COMMUNICATIONS rulemaking (NPRM), rather than the mandates that recipients of preferences COMMISSION current policy of allowing requests to be in service in which licenses are awarded filed after an NOI but prior to an NPRM. by competitive bidding and whose 47 CFR Parts 1 and 5 In the First Report and Order, 59 FR requests were accepted for filing after 8413 (February 22, 1994), the [ET Docket No. 93±266; FCC 95±80] September 1, 1994, pay in a lump sum Commission determined that it would or in installment payments over a Pioneer's Preference Rules not apply amendments to its rules to period of not more than five years 85 three proceedings in which tentative percent of the average price paid for AGENCY: Federal Communications pioneer’s preference decisions had been comparable licenses. The Commission Commission. issued. said that it will also use this formula for ACTION: Final rule. 2. In the Second Report and Order, any future grants of pioneer’s preference the Commission determined that the requests accepted for filing on or before SUMMARY: By this Second Report and pioneer’s preference program should be September 1, 1994 and—in accord with Order, the Commission modifies certain retained, but it decided to eliminate its the GATT legislation—will determine rules regarding its pioneer’s preference current policies of issuing public comparable licenses on a case-by-case program. This action is intended to notices specifying filing deadlines, basis. increase the efficiency of the program by considering raw experimental license 5. Accordingly, it is ordered That making it better comport with material that relates to preference Parts 1 and 5 of the Commission’s Rules competitive bidding authority and the requests, and making initial are amended as specified below, Commission’s experience administering determinations on preference requests. effective 30 days after publication in the it. These requirements were originally Federal Register. This action is taken EFFECTIVE DATE: April 13, 1995. imposed to ensure a complete record in pursuant to Sections 4(i), 7(a), 303(c), all pioneer’s preference proceedings, but FOR FURTHER INFORMATION CONTACT: 303(f), 303(g), 303(r), and 309(j) of the the Commission said that eliminating Rodney Small, Office of Engineering Communications Act of 1934, as them would result in a more efficient and Technology, (202) 776–1622. amended, 47 U.S.C. Sections 154(i), process with no detriment to the public. SUPPLEMENTARY INFORMATION: This is a 157(a), 303(c), 303(f), 303(g), 303(r), and The Commission also adopted its 309(j). summary of the Commission’s Second proposal to require that preference Report and Order, adopted February 28, requests be filed prior to an NOI, if such List of Subjects 1995, and released March 1, 1995. The a document is issued in advance of an 47 CFR Part 1 full text of this Commission decision is NPRM. The Commission stated that available for inspection and copying deferring the filing deadline to the Administrative practice and during regular business hours in the NPRM stage in cases in which an NOI procedure. FCC Reference Center (Room 239), 1919 has been issued may encourage 47 CFR Part 5 M Street, NW., Washington, DC. The speculative preference requests. Finally, complete text of this decision also may in response to comments to the Notice, Radio. be purchased from the Commission’s the Commission required that any Federal Communications Commission. duplication contractor, International preference grant be conditioned on use William F. Caton, Transcription Service, Inc., (202) 857– of the technology and system for which Acting Secretary. 3800, 2100 M Street, NW., Suite 140, the preference was awarded. Washington, DC 20037. 3. The Commission did not adopt its Amendatory Text Summary of Second Report and Order proposal to limit acceptance of pioneer’s Parts 1 and 5 of chapter I of title 47 preference requests to services that use of the Code of Federal Regulations are 1. In the Notice of Proposed Rule new technologies. It said that while a amended as follows: Making (Notice) in this proceeding, 58 pioneer’s preference should not be FR 57578 (October 26, 1993), the awarded simply for transferring PART 1ÐPRACTICE AND Commission sought comment on technologies from existing services in PROCEDURE whether and how the pioneer’s one band to similar services in another preference rules could be amended to band, a significant enhancement of an 1. The authority citation for part 1 take into account competitive bidding existing service, under some continues to read as follows: and its experience administering them, circumstances, could be achieved by Authority: Secs. 4, 303, 48 Stat. 1066, or whether these rules should be combining existing technologies in new 1082, as amended; 47 U.S.C. 154, 303. repealed. In the Notice, the Commission and innovative ways. The Commission Implement 5 U.S.C. 552 and 21 U.S.C. 853a, proposed to eliminate the current also noted that the recently-enacted unless otherwise noted. policies of issuing public notices General Agreement on Tariffs and Trade 2. Section 1.402 of this chapter is specifying pioneer’s preference filing (GATT) legislation provides that amended by revising paragraphs (c), (d), deadlines, considering raw preferences be awarded for significant (e), and (g), redesignating paragraph (f) experimental license material that contributions to the development of a as new paragraph (h), and adding new relates to preference requests, and new service or to the development of paragraph (f) to read as follows: making initial determinations on new technologies that substantially preference requests. The Commission enhance an existing service. § 1.402 Pioneer's preference. also proposed to limit acceptance of 4. Additionally, the Commission * * * * * preference requests to services that use decided that in services in which (c) Pioneer’s preference requests new technologies and proposed that licenses are assigned by competitive relating to a specific new spectrum- preference requests be filed prior to a bidding, any parties receiving pioneer’s based service or technology will not be Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13637 accepted after the Commission’s will be required to pay for their licenses application, the applicant must Sunshine Notice is issued announcing in accord with the payment formula summarize this material and submit the initiation, by either a notice of inquiry specified in the General Agreement on summary to the Commission prior to the or notice of proposed rule making that Tariffs and Trade legislation, Public Sunshine Notice announcing that a will be considered by the Commission Law 103–465. This formula requires that report and order pertaining to the new at a public meeting, of a proceeding pioneers pay in a lump sum or in service or technology will be considered pertaining to that service or technology. installment payments over a period of by the Commission at a public meeting, Alternatively, if the Commission not more than five years 85 percent of or—if a report and order is considered initiates a new proceeding pertaining to the average price paid for comparable by notation—prior to submission of the a specific new spectrum-based service licenses. Comparable licenses will be report and order to the Commission for or technology by notation, pioneer’s determined by the Commission on a vote. All experimental material must be preference requests will not be accepted case-by-case basis. summarized and its relevance to the after such notice is submitted to the * * * * * pioneer’s preference application Commission for vote. 3. Section 1.403 is revised to read as explained in order for it to be (d) Pioneer’s preference requests follows: considered by the Commission. complying with the requirements and procedures in paragraphs (a) through (c) § 1.403 Notice and availability. [FR Doc. 95–6081 Filed 3–13–95; 8:45 am] of this section will be accepted for filing All petitions for rule making (other BILLING CODE 6712±01±M and listed by file number in a notice of than petitions to amend the FM, proposed rule making addressing the Television, and Air-Ground Tables of 47 CFR Part 61 new service or technology proposed in Assignments) meeting the requirements the request, if such a notice of proposed of § 1.401 will be given a file number [CC Docket No. 90±132; FCC 95±2] rule making is adopted. A final and, promptly thereafter, a ‘‘Public determination on a request for pioneer’s Notice’’ will be issued (by means of a Competition in the Interstate preference and its scope will normally Commission release entitled ‘‘Petitions Interexchange Marketplace be made in a report and order adopting for Rule Making Filed’’) as to the AGENCY: Federal Communications new rules for the service or technology petition, file number, nature of the Commission. proposed in the request, if such rules proposal, and date of filing. Petitions for ACTION: Final rule. are adopted. If awarded, the pioneer’s rule making are available at the preference will provide that the Commission’s Dockets Reference Center SUMMARY: In this Memorandum Opinion preference applicant’s application for a (1919 M Street NW., Room 239, and Order, the Commission responded construction permit or license will not Washington, DC). to petitions for reconsideration filed in be subject to mutually exclusive response to the Interexchange Order applications. If granted, the construction PART 5ÐEXPERIMENTAL RADIO addressing the remaining issues raised permit or license will be subject to the SERVICES (OTHER THAN on reconsideration. The Interexchange conditions in paragraphs (f) and (g) of BROADCAST) Order examined the state of competition this section. in the interstate interexchange (e) Any interested person may file a 1. The authority citation for part 5 continues to read as follows: marketplace. At that time, the statement in support of or in opposition Commission concluded that most to a request for pioneer’s preference Authority: Secs. 4, 303, 48 Stat. 1066, business services were subject to listed in a notice of proposed rule 1082, as amended; 47 U.S.C. 154, 303. substantial competition, and therefore making, and a reply to such statements, Interpret or apply sec. 301, 48 Stat. 1081, as lifted or streamlined certain regulatory amended; 47 U.S.C. 301. subject to filing deadlines that shall be restrictions on AT&T and other published in the notice of proposed rule 2. Section 5.207 is revised to read as Interexchange Carriers (IXCs). In this making. Statements on the merits of follows: Memorandum Opinion and Order, the pioneer’s preference requests must be Commission generally affirmed the filed separate from, and not part of, any § 5.207 Experiments performed in conjunction with pioneer's preference various regulatory reforms adopted in comments on the rules proposed in the the Interexchange Order, with certain notice of proposed rule making. applications. minor clarifications and modifications. Statements on pioneer’s preference An applicant for a pioneer’s requests will not be accepted prior to preference pursuant to § 1.402 of this EFFECTIVE DATE: April 13, 1995. issuance of the notice of proposed rule chapter may file an experimental license FOR FURTHER INFORMATION CONTACT: making. application for a limited geographical Kevin Werbach at (202) 418–1580, (f) As a condition of its license grant, area, generally including no more than Policy and Program Planning Division, a pioneer’s preference grantee will be one Metropolitan Statistical Area. In Common Carrier Bureau. required to construct a system that order to be eligible for a preference at SUPPLEMENTARY INFORMATION: This is a substantially uses the design and the time of a report and order in a summary of the Commission’s technologies upon which its pioneer’s proceeding addressing a new service or Memorandum Opinion and Order on preference award is based within a technology, the experimental applicant Reconsideration adopted January 3, reasonable time, as determined by the must demonstrate the technical 1995, and release February 17, 1995. Commission, after receiving its license. feasibility of its proposal by The full text of this decision is available Failure to comply with this provision summarizing its experimental results in for inspection and copying during will result in revocation of the pioneer its preference application, unless it normal business hours in the FCC grantee’s license, and transfer of the instead submits an acceptable showing Dockets Branch (Room 239), 1919 M license will be prohibited until this of technical feasibility. If a pioneer’s Street NW., Washington, DC. The requirement is met. preference applicant wishes the complete text of this decision may also (g) In services in which licenses are Commission to consider in conjunction be purchased from the Commission’s assigned by competitive bidding, any with the application experimental copy contractor, International parties receiving pioneer’s preferences material filed subsequent to the Transcription Services, Inc., 2100 M 13638 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations Street NW., Suite 140, Washington, DC imposed upon AT&T for its contract- streamlined and nonstreamlined 20037. based service offerings. services. Summary of Order 4. The Commission clarified its 7. The Commission denied requests decision to apply the ‘‘substantial that it prohibit AT&T from including 1. On August 1, 1991, the Commission cause’’ test to tariff revisions that alter nonstreamlined services in its Tariff 12 adopted the Interexchange Order (56 FR material terms and conditions of a long- offerings, or that the Commission apply 55235 (Oct. 25, 1991)), concluding an term contract. In the Interexchange its bundling restrictions on 800 and examination of the state of competition Order, the Commission noted that tariff inbound services to other in the interstate interexchange revisions by dominant carriers altering nonstreamlined services. The marketplace and adapting its regulatory material terms and conditions of a long- Commission noted that its rationale for policies in light of this competition. The term service tariff are considered prohibiting AT&T from including 800 Commission in the Interexchange Order reasonable only if the carrier can make and inbound services in future contract- found that most business services are a showing of substantial cause for the based tariffs or Tariff 12s pending 800 subject to substantial competition. revisions. The Commission cited earlier number portability was based on Based on this conclusion, the decisions as holding that the same test specific findings about AT&T ability to Commission further streamlined its applies to tariff revisions that alter leverage its competitive advantage in regulation of most of AT&T’s business material terms and conditions of a long- the 800 marketplace. There are services, while retaining price cap term contract. In response to petitions sufficient distinctions, the Commission regulation for two services that were for reconsideration, the Commission concluded, between 800 services and found to be less competitive—800 first noted that it was unlikely that other nonstreamlined services, and services and analog private line AT&T would seek to unilaterally modify between contract-based tariffs and Tariff services. The Commission also a contract-based tariff, as such action 12 offerings, to justify the policies authorized all interexchange carriers could damage its relationship with its adopted in the Interexchange Order. (IXCs) to offer service pursuant to customers. The Commission then 8. Finally, the Commission addressed individually-negotiated contract rates explained that it would consider on a concerns related to its treatment of that are generally available to similarly case-by-case basis in light of all relevant analog private line service. The situated customers. In addition, the circumstances whether a substantial Commission denied requests to Commission eliminated cause showing has been made. The reconsider what it meant by the term nondiscrimination reporting Commission concluded that commercial ‘‘analog private line service.’’ The requirements for AT&T services subject contract law principles are highly Commission did, however, order AT&T to further streamlining, and the relevant—but not necessarily to remove analog private line services requirement that AT&T submit annually determinative—to such a decision. provided to government entities through an independent audit report on its 5. The Commission refused to impose contractual arrangements from Basket 3. installation and maintenance additional safeguards to ensure that This modification was designed to limit procedures. Finally, the Commission AT&T’s provision of ‘‘customized’’ AT&T’s ability to subsidize rate eliminated the comparably efficient services, such as Tariff 12 and contract decreases in some Basket 3 services interconnection (CEI) filing services, does not impede competition with rate increases in other analog requirements and CEI parameters for in the customer premises equipment private line rate elements. In light of AT&T’s provision of enhanced services (CPE) marketplace. The Commission this decision, the Commission that rely exclusively on basic services concluded that no party had recalibrated the price cap index (PCI) subject to further streamlining. demonstrated that customers are and the actual price index (API) for 2. Eleven parties filed petitions unaware of the relevant CPE bundling Basket 3 to reflect the removal of all seeking reconsideration of the rules, and that it has not been presented analog private line services provided Interexchange Order. The Commission with any evidence that systems under contract to government entities addressed reconsideration requests integrators have been denied access to from this basket. relating to the bundling of 800 services customized service arrangements. Ordering Clauses and inbound services with other 6. The Commission modified its services in prior orders. This decision in the Interexchange Order to 1. Accordingly, pursuant to authority Memorandum Opinion and Order on eliminate comparably efficient contained in sections 1, 4, 201–205, and Reconsideration responds to the interconnection (CEI) requirements for 405 of the Communications Act of 1934, remaining issues on reconsideration, AT&T’s provision of enhanced services as amended, 47 U.S.C. 151, 154, 201– and reaffirms the Interexchange Order that rely exclusively on basic services 205, 405, It Is Ordered that the policies, with certain minor modifications. subject to further streamlined rules and requirements set forth herein 3. The Commission affirmed its regulation. The Commission concluded Are Adopted, and Part 61 of the decision to permit IXCs to offer services that the distinction made in the Commission’s Rules, 47 CFR Part 61, Is pursuant to individually-negotiated Interexchange Order between Amended as set forth in below, effective contracts. The Commission rejected streamlined services that are coupled April 13, 1995. arguments that such ‘‘contract carriage’’ with nonstreamlined services, and those 2. It is further ordered That the violated the Communications Act of that are not, was without a valid basis petitions for reconsideration of AT&T, 1934, that contract carriage would lead and should be abandoned. Ad Hoc, ARINC, Alascom, Broadcast to predatory behavior by AT&T, that the Consequently, the Commission lifted Coalition, Citicorp, CompTel, IDCMA, presumption of lawfulness accorded CEI requirements for any streamlined MCI, Sprint and WilTel are Granted in AT&T’s contract-based tariffs was service provided by AT&T. AT&T was Part and Denied in Part. inconsistent with prior Commission required to file a CEI plan explaining List of Subjects in 47 CFR Part 61 statements, that contract-based tariff how it will comply with CEI parameters filings would provide insufficient for nonstreamlined services only, for Communications common carriers, information about rates, and that any enhanced service that AT&T Reporting and recordkeeping additional safeguards should be proposes to provide that relies on both requirements, Telephone. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13639 Amendatory Text Assistant General Counsel for Greenville Railway under Sections 505 Title 47 of the Code of Federal Regulation and Enforcement (C–50), and 511 of the Railroad Revitalization Regulations, Part 61 is amended as (202) 366–9306, Department of and Regulatory Reform Act of 1976 (45 follows: Transportation, 400 Seventh Street, U.S.C. 825 and 831, respectively). SW., Washington, DC 20590. Issued at Washington, DC this 3rd day of PART 61ÐTARIFFS SUPPLEMENTARY INFORMATION: This March 1995. document delegates authority to the Federico Pen˜ a, 1. The authority citation for part 61 Federal Railroad Administrator to Secretary of Transportation. continues to read as follows: implement the ‘‘Swift Rail Development [FR Doc. 95–6222 Filed 3–13–95; 8:45 am] Authority: Secs. 1, 4(i), 4(j), 201–205, and Act of 1994,’’ being Title I—High-Speed 403 of the Communications Act of 1934, as Rail of Public Law 103–440 (108 Stat. BILLING CODE 4910±62±P amended; 47 U.S.C. 151, 154(i), 154(j), 201– 4615) (the ‘‘Act’’). The Act provides for 205, and 403, unless otherwise noted. high-speed rail assistance for corridor National Highway Traffic Safety 2. Section 61.42(b)(3) is revised to planning and technology improvements Administration read as follows: and authorizes appropriations for fiscal years 1995 through 1997. The Act 49 CFR Part 571 § 61.42 Price cap baskets and service provides for the promulgation of such categories. safety regulations as may be necessary [Docket No. 93±87; Notice 2] * * * * * for high-speed rail services. The Act RIN 2127±AF03 (b) * * * also provides for the redemption of (3) The business services basket shall outstanding obligations and liabilities Federal Motor Vehicle Safety contain analog private lines, including with respect to the Columbus and Standards; Metric Conversion analog voice grade private line, unless Greenville Railway under sections 505 AGENCY: provided under contract to a and 511 of the Railroad Revitalization National Highway Traffic government entity, and terrestrial and Regulatory Reform Act of 1976 (45 Safety Administration (NHTSA), DOT. television transmission service. U.S.C. 825 and 831, respectively). Since ACTION: Final rule. this rule relates to departmental * * * * * SUMMARY: This final rule amends management, organization, procedure, Federal Communications Commission. selected Federal Motor Vehicle Safety and practice, notice and public William F. Caton, Standards (FMVSS) by converting comment are unnecessary. For the same Acting Secretary. English measurements specified in reason, good cause exists for not [FR Doc. 95–5786 Filed 3–13–95; 8:45 am] those standards to metric publishing this rule at least 30 days BILLING CODE 6712±01±M measurements. This rulemaking is the before its effective date, as is ordinarily first of several that NHTSA will required by 5 U.S.C. 553(d). Therefore, undertake to implement the statutory this rule is effective on the date of its DEPARTMENT OF TRANSPORTATION Federal policy that the metric system is publication. the preferred system of weights and Office of the Secretary List of Subjects in 49 CFR Part 1 measures for U.S. trade and commerce. The conversions are not intended to 49 CFR Part 1 Authority delegations (Government agencies), Organizations and functions change the stringency of the affected [OST Docket No. 1; Amdt. 1±267] (Government agencies). FMVSS. In consideration of the foregoing, Part DATES: This final rule is effective March Organization and Delegation of Powers 14, 1996. Optional early compliance and Duties Delegations to the Federal 1 of Title 49, Code of Federal Regulations, is amended as follows: with the changes made in this final rule Railroad Administrator is permitted beginning March 14, 1995. AGENCY: Office of the Secretary, DOT. PART 1Ð[AMENDED] Petitions for reconsideration of this final rule must be filed by April 13, ACTION: Final rule. 1. The authority citation for Part 1 1995. continues to read as follows: SUMMARY: This rule delegates the ADDRESSES: Petitions for reconsideration Secretary of Transportation’s authority Authority: 49 U.S.C. 322; Public Law 101– of this final rule should refer to the 552, 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2). to the Federal Railroad Administrator to docket and notice number cited in the provide financial assistance for high- 2. Section 1.49 is amended by adding heading of this final rule and be speed rail corridor planning and a new paragraph (jj) to read as follows: submitted to: Administrator, National technology improvements, to § 1.49 Delegations to Federal Railroad Highway Traffic Safety Administration, promulgate necessary safety regulations, Administrator. 400 Seventh Street, SW., Washington, and to effectuate the redemption of DC 20590. It is requested but not * * * * * outstanding obligations and liabilities (jj) Exercise the authority vested in required, that 10 copies be submitted. with respect to the Columbus and the Secretary by the Swift Rail FOR FURTHER INFORMATION CONTACT: Mr. Greenville Railway. This rule is Development Act of 1994, being Title Kevin Cavey, National Highway Traffic necessary to reflect the delegation in the I—High-Speed Rail of Public Law 103– Safety Administration, 400 Seventh Code of Federal Regulations. 440 (108 Stat. 4615), as it relates to the Street, SW., Washington, DC 20590. Mr. EFFECTIVE DATE: This rule becomes provision of financial assistance for Cavey’s telephone number is: (202) 366– effective March 14, 1995. high-speed rail corridor planning and 5271. FOR FURTHER INFORMATION CONTACT: technology improvements, the SUPPLEMENTARY INFORMATION: Section Gareth W. Rosenau, Attorney, Office of promulgation of necessary safety 5164 of the Omnibus Trade and Chief Counsel, Federal Railroad regulations, and the redemption of Competitiveness Act (Pub. L. 100–418), Administration, (202) 366–0620, or outstanding obligations and liabilities makes it United States policy that the Steven B. Farbman, Office of the with respect to the Columbus and metric system of measurement is the 13640 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations preferred system of weights and in labels should be converted; and how should be multiplied by 4.448. Thus, in measures for U.S. trade and commerce. force measurements should be converting Stds. Nos. 207 and 216’s Through Executive Order 12770, converted. English system force measurements to Federal agencies were directed to Because using values stated in the metric system, NHTSA proposed to comply with the Act by adopting a integers would make it easier to make specify the steps of the conversion in conversion schedule for their programs measurements in compliance testing, the regulatory text to minimize the by September 30, 1992. In the April 21, NHTSA proposed to favor equivalent chance of a conversion error. 1992 Federal Register (57 FR 14619), conversions, not exact conversions. To NHTSA also announced that, in the NHTSA published for comment its plan illustrate the difference between future, it would convert values to use the metric system in NHTSA equivalent and exact conversions, an (expressed in English measurements) in programs and included an equivalent conversion of two inches documents incorporated by reference implementation schedule to convert the would be 50 millimeters, while an exact into the FMVSS, to the metric system, Federal Motor Vehicle Safety Standards conversion would be 50.8 millimeters. on a document-by-document basis. NHTSA asked the commenters to (FMVSSs). NHTSA projected simple Public Comments on the NPRM and indicate any instance in which they FMVSS conversions would be NHTSA’s Responses completed by June 1994, intermediate believed that an equivalent conversion conversions by December 1996, and the might have a substantive effect on a In response to the NPRM, NHTSA most complex conversions by December standard, and requested that the received comments from 17 1997. NHTSA described how it would commenters suggest in those instances commenters. The commenters generally convert English measurements in the an exact conversion. With respect to favored the overall philosophy that FMVSSs to metric measurements. those requirements for which NHTSA indicated it would follow in In response to the plan, NHTSA manufacturers have invested in molds converting English measurements in the received five public comments. NHTSA and other equipment that produce FMVSSs to metric measurements. took all comments into consideration in lettering of very precise sizes, NHTSA Comments on specific English to metric drafting a notice of proposed proposed exact conversions so that conversions were offered. rulemaking (NPRM) to convert English manufacturers would not have to buy 1. ‘‘Exact’’ v. ‘‘Equivalent’’ Conversions measurements in selected FMVSS to new equipment. NHTSA also proposed metric measurements. exact conversions for gross vehicle In general, the commenters agreed weight rating (GVWR) measurements, with NHTSA’s proposal to use Notice of Proposed Rulemaking speed measurements in Standard No. equivalent, not exact, conversions. NHTSA published on March 15, 1994 110, Tire selection and rims, and weight However, several commenters favored (59 FR 11962) a proposal identifying the load measurements in Standard No. 212, exact conversions. Flxible Corporation standards for which NHTSA believed Windshield mounting and retention. preferred exact conversions, explaining conversions of English measurements to The agency also sought comment on that making equivalent conversions in metric measurements would be simple proposed metric conversions of some instances and exact conversions in and proposed the appropriate consumer safety information in labels. others could cause confusion. The conversions to the metric system. Certain FMVSSs require labels that state National Truck Equipment Association English measurements in the following consumer safety information in English (NTEA) stated that exact conversions Federal Motor Vehicle Safety Standards measurements. NHTSA was uncertain should be used to eliminate the (49 CFR 571 et seq.) were proposed to whether labels with quantitative possibility of a standard’s effectiveness be converted to the metric system: information stated solely in metric being diminished. However, since Standard No. 102, Transmission shift measurements would be understood by neither Flxible nor NTEA cited specific lever sequence, starter interlock, and American consumers. Therefore, in instances in which making equivalent transmission braking effect; Standard those instances in which labels or other conversions instead of exact No. 103, Windshield defrosting and information are required for consumers’ conversions would cause confusion or defogging systems; Standard No. 104, benefit, NHTSA proposed that both the would lessen a standard’s effectiveness, Windshield wiping and washing English and metric units be provided. NHTSA is not adopting their systems; Standard No. 107, Reflecting The labels for which dual measurements recommendations. surfaces; Standard No. 110, Tire were proposed were those required by With respect to the conversion of selection and rims; Standard No. 112, Std. No. 110, Tire selection and rims, some requirements, commenters favored Headlamp concealment devices; Std. No. 120, Tire selection and rims for exact conversions and sometimes Standard No. 114, Theft protection; motor vehicles other than passenger provided reasons. Ford and Thomas Standard No. 115, Vehicle identification cars, and Std. No. 126, Truck-camper Built Buses expressed a strong number—basic requirements; Standard loading. NHTSA also stated its intent to preference for the 10,000 lb. gross No. 120, Tire selection and rims for eventually phase out the English vehicle weight rating (GVWR) for motor vehicles other than passenger measurements on those labels. vehicles to be converted to 4536 kg. cars; Standard No. 124, Accelerator Standards Nos. 207, Seating systems Thomas Built stated that the 36 kg. control systems; Standard No. 126, and 216, Roof crush resistance establish difference between the exact (4536 kg.) Truck-camper loading; Standard No. strength requirements for occupant seats and equivalent (4500 kg.) conversions 205, Glazing materials; Standard No. and for the passenger compartment roof, could determine whether many of their 206, Door locks and door retention respectively. The force measurements vehicles, particularly school buses, are components; Standard No. 207, Seating specified in the standards are subject to certain safety standards. Since systems; Standard No. 212, Windshield straightforward enough when stated in vehicle GVWR seems to be an instance mounting; and Standard No. 216, Roof English units, since both weight and in which there would be a substantive crush resistance. force are expressed in pounds. However, change if exact conversions were not In the NPRM, NHTSA highlighted the metric system expresses mass in made in this final rule, NHTSA is (as three issues for public comment: kilograms and force in newtons. proposed) converting GVWRs of 10,000 whether conversions should be exact or Consequently, when force pounds are lbs. to 4536 kg. and GVWRs of 6,000 lbs. equivalent; how consumer information converted to newtons, the force pounds to 2722 kg. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13641 Nissan stated that in Std. No. 104, proposed that the load applied be 20 that requirement. In the future, when Windshield wiping and washing times the ‘‘weight’’ of the seat. In the consumers are familiar with metric systems, and Std. No. 216, Roof crush final rule, Std. No. 207 is amended to measurements and there is no safety resistance, one inch should be refer to the ‘‘mass’’ of the seat. need for continuing to provide English converted to the exact value of 25.4 However, in instances in which the measurements on labels, NHTSA millimeters, not the equivalent value of word ‘‘weight’’ is part of a term defined expects to phase out the requirement for 25 millimeters proposed in the NPRM. at 49 CFR part 571.3, such as ‘‘curb English measurements. Nissan also stated that in S4. of Std. No. weight,’’ ‘‘gross axle weight rating,’’ Mack Trucks and the National Truck 216, the movement of the test device ‘‘gross vehicle weight rating,’’ or Equipment Association had should be limited to 127 millimeters, ‘‘unloaded vehicle weight,’’ NHTSA is recommendations for metric not the 125 millimeters proposed in the not making the change. In the NPRM, conversions of certification labels NPRM. Since Nissan did not explain since NHTSA did not propose to amend specified in 49 CFR parts 567 and 568. why the equivalent conversions the terms, adopting the terms ‘‘curb Since the NPRM did not propose proposed for Stds. Nos. 104 and 216 mass,’’ ‘‘gross axle mass rating,’’ or changes to parts 567 or 568, these would make substantive changes, ‘‘gross vehicle mass rating,’’ is outside conversions are outside the scope of this NHTSA is not adopting Nissan’s the scope of this rulemaking. NHTSA rulemaking. However, NHTSA will take suggestion to use the exact conversions. will consider amending these terms these comments into consideration Volkswagen recommended that using ‘‘mass’’ in future rulemakings to during its review of parts 567 and 568 NHTSA’s metric conversions be made in metrify the safety standards. for conversion to metric measurements. such a manner that they result in the NHTSA is also concerned about the 4. Force Measurements same values as those in the comparable effect of changing from ‘‘mass’’ to parts of the Canadian Motor Vehicle ‘‘weight.’’ For example, it is not known NHTSA proposed to convert force Safety Standards (CMVSS). As stated in whether the general public would be measurements in Std. No. 207, Seating the NPRM, NHTSA will make confused by use of the phrase ‘‘Camper systems, and Std. No. 216, Roof crush conversions in accordance with SAE mass is lll kg’’ rather than ‘‘Camper resistance, by specifying the steps of the guideline J916 May 1991, and Federal weight,’’ specified in Std. No. 126. In conversion in the regulatory language. Standard 376B ‘‘Preferred Metric Units addition, the States use terms such as Except for the earlier discussed for General Use by the Federal gross vehicle ‘‘weight’’ rating as the recommendation to specify ‘‘mass’’ Government.’’ Where consistent with basis for determining which vehicle instead of ‘‘weight,’’ commenters these two documents, and if the changes registration fees, driver’s licensing generally agreed with NHTSA’s do not make substantive changes to the requirements, and restrictions on use of proposal to specify force measurements safety standards, NHTSA will make roads are applicable to particular in terms of kilograms multiplied by 9.8 conversions consistent with the CMVSS. vehicles. Before making a change from to obtain newtons of force. For Stds. The National Institute for Standards ‘‘weight’’ to ‘‘mass,’’ NHTSA wants to Nos. 207 and 216, NIST recommended and Technology (NIST) and Ford obtain public comment and will that the kilograms be multiplied by 10 recommended that, to be consistent propose any such changes in future (rather than 9.8) to facilitate calculations with the CMVSS, in Std. No. 110, Tire metrication rulemakings. of force. NIST’s recommendation will selection and rims, 60 mph be converted not be adopted because NHTSA is not 3. Consumer Information to the equivalent measurement of 100 certain that use of a multiplier of 10 km/h, not the exact measurement of 97 In general, the commenters favored would not substantively change the km/h proposed in the NPRM. However, NHTSA’s proposal to use dual English stringency of tests specified in Stds. Chrysler commented that there is a and metric measurements for Nos. 207 and 216. significant difference between 97 km/h information intended for consumers. Thus, in the final rule, for Std. No. and 100 km/h, and that therefore the Mr. Lawrence Stempnik noted that the 207, NHTSA amends the force exact conversion of 97 km/h should be technically correct abbreviations for measurement language to provide that used. Based on Chrysler’s comment that units of measurement were not provided the seat shall be subjected to a force in there would be a substantive change in in Std. No. 126, Truck-camper loading. newtons equal to 20 times the mass of Std. No. 110 if an equivalent conversion The California Highway Patrol the seat, measured in kilograms and of 100 km/h were adopted, NHTSA is commented that the units of multiplied by 9.8. For Std. No. 216, converting 60 mph to 97 km/h. measurement are intended to provide NHTSA amends the force measurement safety information, not a ‘‘metric language to provide that the vehicle roof 2. ‘‘Mass’’ v. ‘‘Weight’’ conversion educational program.’’ shall be subjected to a force in newtons Commenters noted that kilograms are NHTSA agrees that there should be no equal to 11⁄2 times the vehicle mass, measures of ‘‘mass,’’ not ‘‘weight.’’ ambiguity in the metric units of measured in kilograms and multiplied Thus, they recommended that all NPRM measurement on labels that provide by 9.8. references to ‘‘weight’’ be changed to safety information to consumers. If ‘‘mass.’’ NHTSA acknowledges that unfamiliar terms are spelled out instead 5. Use of Incorporated Documents commenters on this issue are of abbreviated, there is less ambiguity In addressing whether values in technically correct. Thus, in instances and confusion. Thus, NHTSA is not incorporated documents should be in which the safety standards use adopting Mr. Stempnik’s suggestion for converted, commenters urged NHTSA ‘‘weight’’ to mean ‘‘mass’’ in describing the use of abbreviations, and is instead not to convert English measurements in compliance testing conditions and specifying the units of measurement as outdated or superseded SAE procedures, or in other instances in ‘‘Liters’’ and ‘‘cubic meters,’’ as Recommended Practices or standards, which the standards are primarily proposed, rather than the abbreviations but to adopt the most recent SAE directed to engineers or other ‘‘L’’ and ‘‘m3.’’ standards, which often specify metric technically trained persons, NHTSA is NIST recommended that dual labeling measurements. NHTSA notes that the revising ‘‘weight’’ in the regulatory text in English and metric units be required comments go beyond the scope of this to ‘‘mass.’’ As an example, in a test for only a limited time, but did not rulemaking. Nevertheless, when NHTSA specified in Std. No. 207, NHTSA recommend a particular duration for decides, on a document by document 13642 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations basis, whether to convert incorporated per year, changes to the truck-camper That section does not require documents to the metric system, it will loading label will cost more than a few submission of a petition for consider these views. cents per label, but NHTSA estimates reconsideration or other administrative the total cost to industry will be less proceedings before parties may file suit Effective Date than $10,000 a year. In sum, NHTSA in court. Chrysler recommended that the estimates that the total costs resulting List of Subjects in 49 CFR Part 571 metrication changes take effect one year from changes made by this final rule are after issuance of the final rule. Chrysler $372,000. Imports, Motor vehicle safety, Motor stated that this lead time was necessary For these reasons, NHTSA determines vehicles, Rubber and rubber products, so that manufacturers could make the the impacts of this action are so minor Tires. changes, taking into account that label that a full regulatory evaluation for this In consideration of the foregoing, the manufacturers ‘‘serve all of the vehicle final rule is not necessary. Federal Motor Vehicle Safety Standards manufacturers.’’ NHTSA concurs that (49 CFR part 571), are amended as set 2. Small Entity Impacts because this final rule will result in forth below. many manufacturers having to change The agency has also considered the labels, a one year lead time is effects of this rulemaking action under PART 571ÐFEDERAL MOTOR appropriate. Thus, this final rule will the Regulatory Flexibility Act (5 U.S.C. VEHICLE SAFETY STANDARDS 601 et seq.). I certify that this final rule take effect one year after it is published 1. The authority citation for part 571 would not have a significant economic in the Federal Register. Manufacturers continues to read as follows: at their option, may comply with the impact on a substantial number of small amendments made by this final rule entities. The rationale for this Authority: 49 U.S.C. 322, 30111, 30115, before the effective date. certification is that converting the 30117, and 30166; delegation of authority at FMVSS from the English system to the 49 CFR 1.50. Rulemaking Analyses and Notices metric system does not make any § 571.102 [Amended] 1. Executive Order 12866 and DOT substantive change to the performance 2. Section 571.102 is amended by Regulatory Policies and Procedures requirements of any of the Federal revising S1 and S3.1.2 to read as Motor Vehicle Safety Standards. This action was not reviewed under E. follows: Manufacturers that qualify as small O. 12866, ‘‘Regulatory Planning and businesses that do not now label their § 571.102 Standard No. 102, Transmission Review.’’ NHTSA has considered the products in metric units or provide shift lever sequence, starter interlock, and impact of this rulemaking action under consumer information in metric units transmission braking effect. the Department of Transportation’s will incur some slight costs to include S1. Purpose and scope. This standard regulatory policies and procedures and metric units. However, the agency specifies the requirements for the determined that it is not ‘‘significant.’’ believes such costs would be minimal, transmission shift lever sequence, a In converting the Federal Motor Vehicle given these manufacturers are currently starter interlock, and for a braking effect Safety Standards from the English to the labeling and providing the consumer of automatic transmissions, to reduce metric system, the agency makes information in English units. the likelihood of shifting errors, starter conversions that do not substantively engagement with vehicle in drive change the performance requirements of 3. Environmental Impacts position, and to provide supplemental the FMVSSs. In complying with this In accordance with the National braking at speeds below 40 kilometers final rule, manufacturers providing Environmental Policy Act of 1969, the per hour. consumer information (e.g., labeling) agency has considered the * * * * * may incur one time, additional costs environmental impacts of this rule and S3.1.2 Transmission braking effect. since they would have to change their determined that, it will not have a In vehicles having more than one information to add the metric units. significant impact on the quality of the forward transmission gear ratio, one However, the agency believes that the human environment. forward drive position shall provide a additional costs would be minuscule, 4. Federalism greater degree of engine braking than the since manufacturers already provide highest speed transmission ratio at consumer information in English units. This action has been analyzed in vehicle speeds below 40 kilometers per NHTSA determines that new labeling accordance with the principles and hour. requirements in the following three criteria contained in Executive Order * * * * * standards would result in minor costs to 12612, and it has been determined that manufacturers. For Standards Nos. 110 the rule does not have sufficient § 571.103 [Amended] and 120, NHTSA estimates that federalism implications to warrant the 3. Section 571.103 is amended by changing the molds of non-pneumatic preparation of a Federalism Assessment. revising S3; and, in S4.3, revising tires would initially cost $300,000 per 5. Civil Justice Reform paragraphs (b)(2)(ii), (e), (g), and (h), to year for the industry, or a few cents per read as follows: tire. After the initial changes in the This final rule will not have any molds, further costs would be retroactive effect. Under 49 U.S.C. § 571.103 Standard No. 103, Windshield negligible. For Standard No. 120, section 30103, whenever a Federal defrosting and defogging systems. NHTSA estimates that requiring the tire motor vehicle safety standard is in * * * * * information label to have both English effect, a state may not adopt or maintain S3. Definitions. Road load means the and metric units would increase costs a safety standard applicable to the same power output required to move a given by about one cent per motor vehicle, for aspect of performance which is not motor vehicle at curb weight plus 180 vehicles other than passenger cars. The identical to the Federal standard. 49 kilograms on level, clean, dry, smooth total cost to industry is approximately U.S.C. section 30161 sets forth a portland cement concrete pavement (or $62,000 for the 6.2 million vehicles sold procedure for judicial review of final other surface with equivalent coefficient in 1994. For Standard No. 126, since rules establishing, amending or revoking of surface friction) at a specified speed there are only 10,000 truck campers sold Federal motor vehicle safety standards. through still air at 20 degrees Celsius, Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13643 and standard barometric pressure (101.3 Table I—Passenger Cars of Less Than include, in letters or numerals not less kilopascals) and includes driveline 1520 Millimeters in Overall Width than 4 millimeters high, the information friction, rolling friction, and air * * * * * specified in paragraphs S6 (a) and (b). resistance. The information shall be permanently * * * * * Table II—Passenger Cars of 1520 or molded, stamped, or otherwise S4.3 * * * More But Less Than 1630 Millimeters in permanently marked into or onto the (b) * * * Overall Width non-pneumatic tire or non-pneumatic (2) * * * * * * * * tire assembly, or shall appear on a label (ii) The engine speed and load shall that is permanently attached to the tire not exceed the speed and load at 40 Table III—Passenger Cars of 1630 or or tire assembly. If a label is used, it kilometers per hour in the More But Less Than 1730 Millimeters in shall be subsurface printed, made of manufacturer’s recommended gear with Overall Width material that is resistant to fade, heat, road load; * * * * * moisture and abrasion, and attached in * * * * * such a manner that it cannot be (e) One or two windows may be open Table IV—Passenger Cars of 1730 or removed without destroying or defacing a total of 25 millimeters; More Millimeters in Overall Width the label on the non-pneumatic tire or (f) * * * * * * * * tire assembly. The information specified (g) The wind velocity is at any level in paragraphs S6 (a) and (b) shall appear from 0 to 3 kilometers per hour. § 571.110 [Amended] on both sides of the non-pneumatic tire (h) The test chamber temperature and 6. Section 571.110 is amended by or tire assembly, except, in the case of the wind velocity shall be measured, revising, in S3, the definitions ‘‘Normal a non-pneumatic tire assembly which after the engine has been started, at the occupant weight,’’ ‘‘Production options has a particular side that must always forwardmost point of the vehicle or a weight,’’ and ‘‘Vehicle capacity weight;’’ face outward when mounted on a point 914 millimeters from the base of in S4.4.1, revising paragraph (b); in S6, vehicle, in which case the information the windshield, whichever is farther revising the introductory paragraph, and specified in paragraphs S6 (a) and (b) forward, at a level halfway between the paragraph (b); and revising S7.1, to read shall only be required on the outward top and bottom of the windshield on the as follows: facing side. The information shall be vehicle centerline. positioned on the tire or tire assembly * * * * * 571.110 Standard No. 110, Tire selection and rims. such that it is not placed on the tread § 571.104 [Amended] or the outermost edge of the tire and is * * * * * not obstructed by any portion of any 4. § 571.104 is amended by revising, S3. * * * non-pneumatic rim or wheel center in S3, the paragraph titled ‘‘Glazing Normal occupant weight means 68 member designated for use with that tire surface reference line;’’ and revising kilograms times the number of in this standard or in Standard No. 129. S4.1.2, to read as follows: occupants specified in the second column of Table I. (a) * * * § 571.104 Standard No. 104, Windshield wiping and washing systems. * * * * * (b) MAXIMUM 80 KM/H (50 M.P.H.). * * * * * Production options weight means the * * * * * S3 * * * combined weight of those installed S7.1 Vehicle Placarding Glazing surface reference line means regular production options weighing Requirements. A placard, permanently the line resulting from the intersection over 2.3 kilograms in excess of those affixed to the inside of the vehicle trunk of the glazing surface and a horizontal standard items which they replace, not or an equally accessible location plane 625 millimeters above the seating previously considered in curb weight or adjacent to the non-pneumatic spare tire reference point, as shown in Figure 1 of accessory weight, including heavy duty assembly, shall display the information SAE Recommended Practice J903a, brakes, ride levelers, roof rack, heavy set forth in S6 in block capitals and ‘‘Passenger Car Windshield Wiper duty battery, and special trim. numerals not less than 6 millimeters Systems,’’ May 1966. * * * * * high preceded by the words * * * * * Vehicle capacity weight means the ‘‘IMPORTANT—USE OF SPARE TIRE’’ S4.1.2 Wiped area. When tested wet rated cargo and luggage load plus 68 in letters not less than 9 millimeters in accordance with SAE Recommended kilograms times the vehicle’s designated high. Practice J903a, May 1966, each seating capacity. * * * * * passenger car windshield wiping system * * * * * shall wipe the percentage of Areas A, B, S4.4.1 * * * § 571.112 [Amended] and C of the windshield (established in (b) In the event of rapid loss of 7. Section 571.112 is amended by accordance with S4.1.2.1) that (1) is inflation pressure with the vehicle revising S4.5 to read as follows: specified in column 2 of the applicable traveling in a straight line at a speed of table following subparagraph S4.1.2.1 97 kilometers per hour, retain the § 571.112 Standard No. 112, Headlamp concealment devices. and (2) is within the area bounded by deflated tire until the vehicle can be a perimeter line on the glazing surface stopped with a controlled braking * * * * * 25 millimeters from the edge of the application. S4.5 Except for cases of malfunction daylight opening. * * * * * covered by S4.2, each headlamp * * * * * S6 Labeling Requirements for Non- concealment device shall, within an 5. In Section 571.104, S4.1.2.1 is Pneumatic Spare Tires or Tire ambient temperature range of ¥30 amended by revising the title of Table Assemblies. Each non-pneumatic tire or, degrees Celsius to +50 degrees Celsius I; the title of Table II; the title of Table in the case of a non-pneumatic tire be capable of being fully opened in not III; and the title of Table IV, to read as assembly in which the non-pneumatic more than 3 seconds after actuation of follows: tire is an integral part of the assembly, the mechanism described in S4.3. * * * * * each non-pneumatic tire assembly shall * * * * * 13644 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations § 571.114 [Amended] vehicles manufactured before Truck Example—Suitable Tire-Rim 8. Section 571.114 is amended by September 1, 1993. Choice revising S2 and revising S4.1, to read as * * * * * GVWR: 7,840 kilograms (17280 pounds) follows: GAWR: Front—2,850 kilograms (6,280 § 571.120 [Amended] pounds) with 7.50–20(D) tires, 20 x 6.00 § 571.114 Standard No. 114, Theft 11. Section 571.120 is amended by rims at 520 kPa (75 psi) cold single protection. revising the first sentence in S5.1.2; GAWR: Rear—4990 kilograms (11,000 * * * * * revising in S5.2, the introductory pounds) with 7.50–20(D) tires, 20 x 6.00 S2. Application. This standard paragraph; revising in S5.3, the rims, at 450 kPa (65 psi) cold dual GAWR: 13,280 kilograms (29,279 pounds) applies to passenger cars, and to trucks introductory paragraph; revising S5.3.2; GAWR: Front—4,826 kilograms (10,640 and multipurpose passenger vehicles revising in S7, the introductory pounds) with 10.00–20(F) tires, 20 x 7.50 having a GVWR of 4536 kilograms or paragraph and paragraph (b); and rims, at 620 kPa (90 psi) cold single less. However, it does not apply to walk- revising S8.1, to read as follows: GAWR: Rear—8,454 kilograms (18,639 in van-type vehicles. pounds) with 10.00–20(F) tires, 20 x 7.50 § 571.120 Standard No. 120, Tire selection rims, at 550 kPa (80 psi) cold dual. * * * * * and rims for motor vehicles other than S4.1 Each truck and multipurpose passenger cars. * * * * * S7 Labeling Requirements for Non- passenger vehicle having a GVWR of * * * * * 4536 kilograms or less manufactured on Pneumatic Spare Tires or Tire S5.1.2 Except in the case of a vehicle Assemblies. Each non-pneumatic tire or, or after September 1, 1983 and each which has a speed attainable in 3.2 passenger car shall meet the in the case of a non-pneumatic tire kilometers of 80 kilometers per hour or assembly in which the non-pneumatic requirements of S4.2, S4.3, S4.4, and less, the sum of the maximum load S4.5. However, open-body type vehicles tire is an integral part of the assembly, ratings of the tires fitted to an axle shall each non-pneumatic tire assembly shall that are manufactured for operation be not less than the gross axle weight without doors and that either have no include, in letters or numerals not less rating (GAWR) of the axle system as than 4 millimeters high, the information doors or have doors that are designed to specified on the vehicle’s certification be easily attached to and removed from specified in paragraphs S7 (a) and (b). label required by 49 CFR part 567. The information shall be permanently the vehicle by the vehicle owner are not *** required to comply with S4.5. molded, stamped, or otherwise * * * * * permanently marked into or onto the * * * * * S5.2 Rim marking. On and after non-pneumatic tire or non-pneumatic § 571.115 [Amended] August 1, 1977, each rim or, at the tire assembly, or shall appear on a label option of the manufacturer in the case that is permanently attached to the tire 9. Section 571.115 is amended by of a singlepiece wheel, wheel disc shall or tire assembly. If a label is used, it revising S4.6 to read as follows: be marked with the information listed in shall be subsurface printed, made of § 571.115 Standard No. 115, Vehicle paragraphs (a) through (e) of this material that is resistant to fade, heat, identification numberÐbasic requirements. paragraph, in lettering not less than 3 moisture and abrasion, and attached in * * * * * millimeters high, impressed to a depth such a manner that it cannot be or, at the option of the manufacturer, S4.6 The VIN for passenger cars, removed without destroying or defacing embossed to a height of not less than the label on the non-pneumatic tire or multipurpose passenger vehicles, and 0.125 millimeters. The information trucks of 4536 kilograms or less GVWR tire assembly. The information specified listed in paragraphs (a) through (c) of in paragraphs S7 (a) and (b) shall appear shall be located inside the passenger this paragraph shall appear on the compartment. It shall be readable, on both sides of the non-pneumatic tire weather side. In the case of rims of or tire assembly, except, in the case of without moving any part of the vehicle, multipiece construction, the through the vehicle glazing under a non-pneumatic tire assembly which information listed in paragraphs (a) has a particular side that must always daylight lighting conditions by an through (e) of this paragraph shall observer having 20/20 vision (Snellen) face outward when mounted on a appear on the rim base and the vehicle, in which case the information whose eye-point is located outside the information listed in paragraphs (b) and vehicle adjacent to the left windshield specified in paragraphs S7 (a) and (b) (d) of this paragraph shall also appear shall only be required on the outward pillar. Each character in the VIN subject on each other part of the rim. to this paragraph shall have a minimum facing side. The information shall be height of 4 mm. * * * * * positioned on the tire or tire assembly S5.3 Label information. Each vehicle such that it is not placed on the tread * * * * * manufactured on or after December 1, or the outermost edge of the tire and is § 571.118 [Amended] 1984, shall show the information not obstructed by any portion of any specified in S5.3.1 and S5.3.2, and in non-pneumatic rim or wheel center 10. Section 571.118 is amended by the case of a vehicle equipped with a member designated for use with that tire revising S2. to read as follows: non-pneumatic spare tire, the in this standard or in Standard No. 129. § 571.118 Standard No. 118, Power- information specified in S5.3.3, in the * * * * * operated window, partition, and roof panel English language, lettered in block (b) MAXIMUM 80 KM/H (50 M.P.H.). systems. capitals and numerals not less than 2.4 * * * * * * * * * * millimeters high and in the format set S8.1 Vehicle Placarding S2. Application. This standard forth following this section. This Requirements. A placard, permanently applies to passenger cars, multipurpose information shall appear either- affixed to the inside of the spare tire passenger vehicles, and trucks with a * * * * * stowage area or equally accessible gross vehicle weight rating of 4536 S5.3.2. Rims. The size designation location adjacent to the non-pneumatic kilograms or less. The standard’s and, if applicable, the type designation spare tire assembly, shall display the requirements for power-operated roof of Rims (not necessarily those on the information set forth in S7 in block panel systems need not be met for vehicle) appropriate for those tires. capitals and numerals not less than 6 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13645 millimeters high preceded by the words Cargo weight rating means the value noted in the camper owner’s manual as ‘‘IMPORTANT—USE OF SPARE TIRE’’ specified by the manufacturer as the required in paragraph S5.1.2(a). in letters not less than 9 millimeters cargo-carrying capacity, in pounds and * * * * * high. kilograms, of a vehicle, exclusive of the S5.1.2 * * * * * * * * weight of occupants in designated (b) A list of other additional or seating positions. optional equipment that the camper is § 571.124 [Amended] * * * * * designed to carry, and the maximum 12. Section 571.124 is amended by S5.1.1 Labels. Each slide-in camper mass of each if its mass is more than 9 revising S5 and revising S5.3 to read as shall have permanently affixed to it, in kilograms when installed. follows: a manner that it cannot be removed * * * * * § 571.124 Standard No. 124, Accelerator without defacing or destroying it, in a (e) A picture showing the location of control systems. plainly visible location on an exterior the longitudinal center of gravity of the * * * * * rear surface other than the roof, steps, or camper within an accuracy of 50 S5. Requirements. The vehicle shall bumper extension, a label containing millimeters under the loaded condition meet the following requirements when the following information in the English specified in paragraph S5.1.1(d), in the the engine is running under any load language lettered in block capitals and manner illustrated in Figure 2. Until condition, and at any ambient numerals not less than 2.4 millimeters October 1, 1973, the phrase ‘‘Mount at temperature between ¥40 degrees high, of a color contrasting with the Aft End of Truck Cargo Area’’ may be Celsius and +52 degrees Celsius after 12 background, and in the order shown used in Figure 2 instead of ‘‘Point That hours of conditioning at any below and in the form illustrated in Contacts Rear End of Truck Bed.’’ temperature within that range. Figure 1. * * * * * * * * * * * * * * * 14. Section 571.126 is amended by S5.3 Except as provided below, (d) The following statement revising Figure 1 at the end of the completed as appropriate: ‘‘Camper introductory paragraph in S5.1.1 to read maximum time to return to idle position lll lll shall be 1 second for vehicles of 4536 weight is Kgs. ( Lbs.) as follows: kilograms or less GVWR, and 2 seconds Maximum When it Contains Standard MFD. BY: (CAMPER MANUFACTURER’S Equipment, lll Liters (lll Gal.) NAME) for vehicles of more than 4536 lll lll kilograms GVWR. Maximum time to of Water, Kgs. ( Lbs.) of (MONTH AND YEAR OF MANUFACTURE) Bottled Gas, and lll Cubic Meters return to idle position shall be 3 lll THIS CAMPER CONFORMS TO ALL ( Cubic Ft.) Refrigerator (or Icebox APPLICABLE FEDERAL MOTOR VEHICLE seconds for any vehicle that is exposed lll lll to ambient air at ¥18 degrees Celsius to with Kgs. ( Lbs.) of Ice, as SAFETY STANDARDS IN EFFECT ON THE ¥40 degrees Celsius during the test or applicable). Consult Owner’s Manual (or DATE OF MANUFACTURE SHOWN ABOVE for any portion of the 12-hour Data Sheet as applicable) for Weights of CAMPER WEIGHT IS lll KG (lll LBS) conditioning period. Additional or Optional Equipment.’’ MAXIMUM WHEN IT CONTAINS ‘‘Liters and Gals. of water’’ refer to the STANDARD EQUIPMENT, lll LTRS * * * * * volume of water necessary to fill the (lll GAL) OF WATER, lll KG (lll LBS) OF BOTTLED GAS, AND lll CUBIC § 571.126 [Amended] camper’s fresh water tanks to capacity. lll ‘‘Kgs. and Lbs. of Bottled Gas’’ refer to METERS ( CUBIC FT) 13. Section 571.126 is amended by REFRIGERATOR (OR ICEBOX WITH lll revising in S4, the paragraph titled the mass of the gas necessary to fill the KG (lll LBS) OF ICE, AS APPLICABLE). ‘‘Cargo weight rating’’; revising in camper’s bottled gas tanks to capacity. CONSULT OWNER’S MANUAL (OR DATA S5.1.1, the introductory paragraph and The statement regarding a ‘‘Refrigerator’’ SHEET AS APPLICABLE) FOR WEIGHTS OF paragraph (d); and revising in S5.1.2, or ‘‘Icebox’’ refers to the capacity of the ADDITIONAL OR OPTIONAL EQUIPMENT. paragraphs (b) and (e), to read as refrigerator with which the vehicle is (VEHICLE IDENTIFICATION NUMBER) follows: equipped or the mass of the ice with Figure 1. Label for Campers which the icebox may be filled. Any of § 571.126 Standard No. 126, Truck-camper these items may be omitted from the 15. In Section 571.126, Figure 2 at loading. statement, if the corresponding S5.1.1, after the introductory paragraph, * * * * * accessories are not included with the is revised to read as follows: S4. * * * camper, provided that the omission is BILLING CODE 4910±59±P 13646 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations BILLING CODE 4910±59±C (b) Glass-plastic specimens shall be S4.1.1.2 Transverse Load. The door § 571.205 [Amended] exposed to an ambient air temperature latch and striker assembly, when in the of ¥40 degrees Celsius (plus or minus fully latched position, shall not separate 16. Section 571.205 is amended by 5 degrees Celsius), for a period of 6 when a transverse load of 8,900 newtons revising in S5.1.1.2, paragraph (m); hours at the commencement of Test No. is applied. When in the secondary revising S5.1.1.5; revising in S5.1.2.2, 28, rather than at the initial temperature latched position, the door latch and paragraph (b); revising in S5.1.2.3, specified in that test. After testing, the striker assembly shall not separate when paragraph (b); revising in S5.1.2.9, glass-plastic specimens shall show no a transverse load of 4,450 newtons is paragraph (b); and revising in S5.1.2.10, evidence of cracking, clouding, applied. paragraph (b), to read as follows: delaminating, or other evidence of * * * * * § 571.205 Standard No. 205, Glazing deterioration. S4.1.2 Door Hinges. Each door hinge materials. * * * * * system shall support the door and shall * * * * * S5.1.2.10 * * * not separate when a longitudinal load of S5.1.1.2 * * * (b) Each manufacturer of glazing 11,120 newtons is applied. Similarly, (m) For Item 5 safety glazing only: materials designed to meet the each door hinge system shall not Motorcycle windscreens below the requirements of paragraphs S5.1.2.4, separate when a transverse load of 8,900 intersection of a horizontal plane 380 S5.1.2.5, S5.1.2.6, S5.1.2.7, or S5.1.2.8 newtons is applied. may permanently and indelibly mark millimeters vertically above the lowest * * * * * the lower center of each item of such seating position. S4.2.1.1 Longitudinal Load. Each glazing material, in letters not less than latch system, when in the latched * * * * * 4.5 millimeters nor more than 6 position, shall not separate when a S5.1.1.5 The phrase ‘‘readily millimeters high, the following words, longitudinal load of 11,120 newtons is removable’’ windows as defined in ANS GLASS PLASTIC MATERIAL—SEE Z26, for the purposes of this standard, applied. OWNER’S MANUAL FOR CARE S4.2.1.2 Transverse Load. Each latch in buses having a GVWR of more than INSTRUCTIONS. 4536 kilograms, shall include pushout system, when in the latched position, * * * * * windows and windows mounted in shall not separate when a transverse emergency exists that can be manually § 571.206 [Amended] load of 8,900 newtons is applied. When more than one latch system is used on pushed out of their location in the 17. Section 571.206 is amended by a single door, the load requirement may vehicle without the use of tools, revising S4.1.1.1; revising S4.1.1.2; be divided among the total number of regardless of whether such windows revising S4.1.2; revising S4.2.1.1; latch systems. remain hinged at one side to the vehicle. revising S4.2.1.2; revising S4.2.2; S4.2.2 Door Hinges. Each door hinge revising S4.3; and revising S5.3, to read * * * * * system shall support the door and shall as follows: S5.1.2.2 * * * not separate when a longitudinal load of (b) Motorcycle windscreens below the § 571.206 Standard No. 206, Door locks 11,120 newtons is applied, and when a intersection of a horizontal plane 380 and door retention components. transverse load of 8,900 newtons is millimeters vertically above the lowest applied. seating position. * * * * * S4.1.1.1 Longitudinal Load. The S4.3 Sliding Doors. The track and * * * * * door latch and striker assembly, when slide combination or other supporting S5.1.2.3 * * * in the fully latched position, shall not means for each sliding door shall not (b) Motorcycle windscreens below the separate when a longitudinal load of separate when a total transverse load of intersection of a horizontal plane 380 11,120 newtons is applied. When in the 17,800 newtons is applied, with the millimeters vertically above the lowest secondary latch position, the door latch door in the closed position. seating position. and striker assembly shall not separate * * * * * * * * * * when a longitudinal load of 4,450 S5.3 Sliding Doors. Compliance with S5.1.2.9 * * * newtons is applied. S4.3 shall be demonstrated by applying Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13647 an outward transverse load of 8,900 transmitting a force to that component. weight is placed so that the weight on newtons to the load bearing members at Apply forces, in newtons, equal to 20 that axle remains the same. For the the opposite edges of the door (17,800 times the mass of the seat in kilograms purposes of this section, unloaded newtons total). The demonstration may multiplied by 9.8 horizontally through vehicle weight does not include the be performed either in the vehicle or the center of gravity of the seat back, as weight of work-performing accessories. with the door retention components in shown in Figure 2 and apply forces, in Vehicles are tested to a maximum a bench test fixture. newtons, equal to 20 times the mass of unloaded vehicle weight of 2,495 the seat in kilograms multiplied by 9.8 kilograms. § 571.207 [Amended] horizontally through the center of 18. Section 571.207 is amended by * * * * * gravity of the seat bench, as shown in S6.5 The windshield mounting revising in S4.2, the introductory Figure 3. material and all vehicle components in paragraph, paragraph (a), paragraph (b), * * * * * direct contact with the mounting and paragraph (d); revising S4.3.2.1; and material are at any temperature between revising S5.1.2, to read as follows: § 571.212 [Amended] ¥9 degrees Celsius and +43 degrees § 571.207 Standard No. 207, Seating 19. Section 571.212 is amended by Celsius. systems. revising S3; revising S5; revising in S6.1, paragraph (b); and revising S6.5, to * * * * * * * * * * read as follows: S.4.2 General performance § 571.216 [Amended] requirements. When tested in § 571.212 Standard No. 212, Windshield 20. Section 571.216 is amended by accordance with S5., each occupant mounting. revising S3; revising S4; revising S5; seat, other than a side-facing seat or a * * * * * revising in S6.2, paragraph (d); and passenger seat on a bus, shall withstand S3. Application. This standard revising S6.3 to read as follows: the following forces, in newtons. applies to passenger cars, and to § 571.216 Standard No. 216, Roof crush (a) In any position to which it can be multipurpose passenger vehicles, resistanceÐpassenger cars. adjusted—20 times the mass of the seat trucks, and buses having a gross vehicle in kilograms multiplied by 9.8 applied * * * * * weight rating of 4536 kilograms or less. S3. Application. This standard in a forward longitudinal direction; However, it does not apply to forward applies to passenger cars, and to (b) In any position to which it can be control vehicles, walk-in van-type adjusted—20 times the mass of the seat multipurpose passenger vehicles, trucks vehicles, or to open-body type vehicles and buses with a GVWR of 2722 in kilograms multiplied by 9.8 applied with fold-down or removable in a rearward longitudinal direction; kilograms or less. However, it does not windshields. apply to— * * * * * * * * * * (a) School buses; (d) In its rearmost position—a force S5. Requirements. When the vehicle (b) Vehicles that conform to the that produces a 373 newton meters travelling longitudinally forward at any rollover test requirements (S5.3) of moment about the seating reference speed up to and including 48 kilometers Standard No. 208 (§ 571.208) by means point for each designated seating per hour impacts a fixed collision that require no action by vehicle position that the seat provides, applied barrier that is perpendicular to the line occupants; or to the upper cross-member of the seat of travel of the vehicle, under the (c) Convertibles, except for optional back or the upper seat back, in a conditions of S6, the windshield compliance with the standard as an rearward longitudinal direction for mounting of the vehicle shall retain not alternative to the rollover test forward-facing seats and in a forward less than the minimum portion of the requirements in S5.3 of Standard No. longitudinal direction for rearward- windshield periphery specified in S5.1 208. facing seats. and S5.2. S4. Requirements. * * * * * * * * * * (a) Passenger cars. A test device as S4.3.2.1 Static force. S6.1 * * * described in S5 shall not move more (a) Once engaged, the restraining (b) Except as specified in S6.2, a than 125 millimeters, measured in device for a forward-facing seat shall not multipurpose passenger vehicle, truck accordance with S6.4, when it is used release or fail when a forward or bus is loaded to its unloaded vehicle to apply a force in newtons equal to 11⁄2 longitudinal force, in newtons, equal to weight, plus 136 kilograms or its rated times the unloaded vehicle weight of 20 times the mass of the hinged or cargo and luggage capacity, whichever the vehicle, measured in kilograms and folding portion of the seat in kilograms is less, secured to the vehicle, plus a multiplied by 9.8 or 22,240 newtons, multiplied by 9.8 is applied through the 50th-percentile test dummy as specified whichever is less, to either side of the center of gravity of that portion of the in part 572 of this chapter at each front forward edge of a vehicle’s roof in seat. outboard designated seating position accordance with the procedures of S6. (b) Once engaged, the restraining and at any other position whose Both the left and right front portions of device for a rearward-facing seat shall protection system is required to be the vehicle’s roof structure shall be not release or fail when a rearward tested by a dummy under the provisions capable of meeting the requirements, longitudinal force, in newtons, equal to of Standard No. 208. Each dummy is but a particular vehicle need not meet 8 times the mass of the hinged or restrained only by means that are further requirements after being tested folding portion of the seat in kilograms installed for protection at its seating at one location. multiplied by 9.8 is applied through the position. The load is distributed so that (b) Multipurpose passenger vehicles, center of gravity of that portion of the the weight on each axle as measured at trucks and buses with a GVWR of 2,722 seat. the tire-ground interface is in proportion kilograms or less, manufactured on or * * * * * to its GAWR. If the weight on any axle after September 1, 1994. For S5.1.2 If the seat back and the seat when the vehicle is loaded to its multipurpose passenger vehicles, trucks bench are attached to the vehicle by unloaded vehicle weight plus dummy and buses with a GVWR of 2,722 different attachments, attach to each weight exceeds the axle’s proportional kilograms or less, manufactured on or component a fixture capable of share of the test weight, the remaining after September 1, 1994, a test device as 13648 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations described in S5 shall not move more longitudinal centerline of the lower multipurpose passenger vehicles, trucks than 125 millimeters, measured in surface of the test device and 254 and buses with a GVWR of 2,722 accordance with S6.4, when it is used millimeters from the forwardmost point kilograms or less, manufactured on or to apply a force in newtons equal to 11⁄2 of that centerline. after September 1, 1994, apply force in times the unloaded vehicle weight of 6.3 (a) Passenger cars. Apply force in a downward direction perpendicular to the vehicle, measured in kilograms and a downward direction perpendicular to the lower surface of the test device at a multiplied by 9.8, to either side of the the lower surface of the test device at a rate of not more than 13 millimeters per forward edge of a vehicle’s roof in rate of not more than 13 millimeters per second until reaching a force in newtons accordance with the procedures of S6. second until reaching a force in newtons of 11⁄2 times the unloaded vehicle Both the left and right front portions of of 11⁄2 times the unloaded vehicle weight of the tested vehicle, measured the vehicle’s roof structure shall be weight of the tested vehicle, measured in kilograms and multiplied by 9.8. capable of meeting the requirements, in kilograms and multiplied by 9.8 or Complete the test within 120 seconds. but a particular vehicle need not meet 22,240 newtons, whichever is less. Guide the test device so that throughout further requirements after being tested Complete the test within 120 seconds. the test it moves, without rotation, in a at one location. Guide the test device so that throughout straight line with its lower surface S5. Test device. The test device is a the test it moves, without rotation, in a oriented as specified in S6.2(a) through rigid unyielding block with its lower straight line with its lower surface S6.2(d). surface formed as a flat rectangle 762 oriented as specified in S6.2(a) through * * * * * millimeters × 1829 millimeters. S6.2(d). 21. Section 571.216, is amended by * * * * * (b) Multipurpose passenger vehicles, S6.2 * * * trucks and buses with a GVWR of 2,722 revising Figure 1 at the end of S6.4 to (d) The initial contact point, or center kilograms or less, manufactured on or read as follows: of the initial contact area, is on the after September 1, 1994. For BILLING CODE 4910±59±P Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13649 Issued on: March 8, 1995. Ricardo Martinez, Administrator. [FR Doc. 95–6230 Filed 3–13–95; 8:45 am] BILLING CODE 4910±59±C 13650 Proposed Rules Federal Register Vol. 60, No. 49 Tuesday, March 14, 1995 This section of the FEDERAL REGISTER Washington, D.C. 20250–0700; Environmental Impact Statement contains notices to the public of the proposed telephone (202) 720–9619. issuance of rules and regulations. The This document has been reviewed in purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: accordance with 7 CFR part 1940, subpart G, ‘‘Environmental Program.’’ persons an opportunity to participate in the Classification rule making prior to the adoption of the final The Agencies have determined that this rules. We are issuing this proposed rule in action does not constitute a major conformance with Executive Order Federal action significantly affecting the 12866, and the Office of Management quality of the human environment, and DEPARTMENT OF AGRICULTURE and Budget (OMB) has determined that in accordance with the National it is a ‘‘significant regulatory action’’. Environmental Policy Act of 1969, Rural Housing and Community Intergovernmental Consultation Public Law 91–190, an Environmental Development Service Impact Statement is not required. This rule affects the following Agency Rural Business and Cooperative Paperwork Reduction Act Development Service programs as listed in the Catalog of Federal Domestic Assistance (CFDA): The information collection Rural Utilities Service 10.434—Nonprofit National Corporations requirements contained in this regulation have been approved by the Consolidated Farm Service Agency Loan and Grant Program 10.760—Water and Waste Disposal Systems Office of Management and Budget 7 CFR Part 1940 for Rural Communities (OMB) under the provisions of 44 U.S.C. 10.761—Technical Assistance and Training Chapter 35 and has been assigned OMB RIN 0575±AB64 Grants control number 0575–0094 in 10.762—Solid Waste Management Grants accordance with the Paperwork Environmental Program 10.763—Emergency Community Water Reduction Act of 1980 (44 U.S.C. 3507). Assistance Grants AGENCIES: Rural Housing and 10.766—Community Facilities Loans This proposed rule does not revise or Community Development Service, Rural 10.767—Intermediary Relending Programs impose any new information collection Business and Cooperative Development 10.768—Business and Industrial Loans or recordkeeping requirement from Service, Rural Utilities Service, and 10.769—Rural Business Enterprise and those approved by OMB. Television Demonstration Grants Consolidated Farm Service Agency, Background USDA. 10.770—Water and Waste Disposal Loans and Grants (Section 306C) Section 1940.311 describes certain ACTION: Proposed rule. 10.771—Rural Technology Development threshold criteria for projects which Grants SUMMARY: The Agencies propose to may complete an environmental review revise their Environmental regulation. Executive Order 12372 requires using the format for a Class I This action is necessary to clarify the intergovernmental consultation with environmental assessment. meaning of two existing sections. The State and local officials. Of the FmHA In § 1940.311(b)(1)(i) there has been intended effect of this action is to programs affected by this rule, the confusion as to what constitutes a reorganize and supplement the existing following are subject to the provisions ‘‘substantial increase’’ relating to a sections to provide a better of Executive Order 12372: 10.760, withdrawal or discharge. This confusion understanding of the threshold criteria 10.763, 10.766, 10.767, 10.768, 10.769, has resulted in the unnecessary used to differentiate between Class I and 10.770, and 10.771. completion of Class II environmental Class II environmental assessments. assessments for some utility projects. Regulatory Flexibility Act The regulation will be revised to DATES: Comments must be received on In compliance with the Regulatory clarify this section by distinguishing or before May 15, 1995. Flexibility Act (5 U.S.C. 601–602), the between discharges and withdrawals, ADDRESSES: Submit written comments undersigned has determined and and to provide guidance relating to in duplicate to the office of the Chief, certified by signature of this document substantial increases. Regulations, Analysis, and Control that this rule will not have a significant In § 1940.311(b)(1)(ii) there has been Branch, Rural Economic and economic impact on a substantial confusion about interpreting the Community Development, U.S. number of small entities since this withdrawal rate to achieve a 50,000 Department of Agriculture, Room 6348, rulemaking action does not involve a gallon per day withdrawal from surface South Agriculture Building, 14th Street new or expanded program. Therefore a or groundwater for a new withdrawal and Independence Avenue SW., regulatory flexibility analysis was not facility. A common engineering practice Washington, D.C. 20250–0700. prepared. is to design the pumping facility to FOR FURTHER INFORMATION CONTACT: achieve the average daily withdrawal in Donald O. Lander, Senior Civil Justice Reform less than a 24 hour period to provide an Environmental Protection Specialist, This document has been reviewed in adequate safety factor. However, some Environmental Support Branch, accordance with Executive Order 12778. loan officials calculate the withdrawal Program Support Staff, Rural Housing It is the determination of the Agencies based on pumping the source including and Community Development Service, that this action does not unduly burden any backup source on a 24 hour basis. U.S. Department of Agriculture, Room the Federal Court System in that it This results in completion of a higher 6309, South Agriculture Building, 14th meets all applicable standards provided level of environmental review than is Street and Independence Avenue SW., in Section 2 of the Executive Order. required. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13651 The regulation is proposed to be § 1940.311 Environmental assessments for (3) * * * revised to clarify this section by Class I actions. (iii) Do not produce infectious, changing the unit of measurement from * * * * * medical, biological, or special medical gallons per day, to an equivalent (b) * * * wastes (including radiological waste of population served. This will eliminate (1) * * * medical origin) that would exceed small the confusion, and should not result in (i) For existing Systems, there will not quantity generator limits as established a change to the threshold as the present be either: by the appropriate regulatory agency, threshold of 50,000 gallons per day for (A) A substantial increase in the and provided the facility’s management a new withdrawal is based on EPA’s volume of an existing discharge or the plan is reviewed to ensure compliance definition of Very Small Water Systems, loading of pollutants from an existing or with the regulatory agency ‘‘systems serving up to 500 people.’’ expanded sewage treatment facilities, or requirements. The management plan (B) A substantial increase in an Based on an average daily demand of should include standard operating existing withdrawal from surface or 100 gallons per day per capita, the procedures for notification, permitting, ground waters. average daily withdrawal for very small (C) The existence of a substantial and recordkeeping requirements as well systems will be 50,000 gallons per day. increase will depend on the particulars as handling, storage, packaging, and To be consistent, the equivalent of the situation under consideration. disposal of infectious waste materials. population will also be used for Each proposal should be examined for Documentation of the compliance discharges. review must be attached as an exhibit to Section 1940.311(b)(1)(v) will also be the possibility of a substantial increase in discharge or withdrawal. A the Class I assessment. revised to remove the apparent conflict * * * * * created by the revision to substantial increase may or may not be determined by such factors as: evidence Dated: February 27, 1995. § 1940.311(b)(1)(ii). Michael V. Dunn In § 1940.311(b)(2) there has been of a large increase in pump or pipe size, confusion about the number of beds other evidence of a large increase in Acting Under Secretary for Rural Economic and Community Development. which may be added to an existing hydraulic capacity, or the need for a facility. This confusion has resulted in new or amended discharge or [FR Doc. 95–6228 Filed 3–13–95; 8:45 am] the unnecessary completion of Class II withdrawal permit. Whatever factors are BILLING CODE 3410±17±U environmental assessments for some considered, the rationale behind the essential community facility projects. decision should be documented as part of the Class I assessment. The regulation is proposed to be DEPARTMENT OF ENERGY revised to clarify this section by (ii) For all systems (existing and new), separately specifying the number of there will not be either: Federal Energy Regulatory beds for new and existing projects. (A) A new discharge to surface or Commission In § 1940.311(b)(3)(iii) there has been ground waters, such that the additional confusion about whether medical waste design capacity of the facility exceeds 18 CFR Part 154, 158, 201, 250, and 284 is considered to be a hazardous waste. the average daily discharge of an This confusion has resulted in the equivalent population of 500 persons, or [Docket No. RM95±3±000; Rm95±4±000] unnecessary completion of Class II (B) A new withdrawal from surface or Filing and Reporting Requirements for environmental assessments for some ground waters such that the additional Interstate Natural Gas Company Rate essential community facility projects. design capacity of the facility exceeds The regulation is proposed to be the demand needed to serve an Schedules and Tariffs; Revisions to revised to clarify this section by adding equivalent population of 500 persons, Uniform System of Accounts Forms, a new section that will deal specifically and Statements, and Reporting with medical wastes. (C) The potential water quality Requirements for Natural Gas impacts are analyzed and documented Companies; Notice of Informal List of Subjects in 7 CFR Part 1940 in the manner required for a Class II Technical Conference Endangered and threatened wildlife, assessment and attached as an exhibit to March 8, 1995. Environmental protection, Floodplains, the Class I assessment. AGENCY: National wild and scenic river system, (D) A new well solely to provide Federal Energy Regulatory Natural resources, Recreation, Water ‘‘backup’’ capacity, required by a State Commission. supply. regulatory agency or standard ACTION: Proposed rule; notice of Accordingly, the Agencies propose to engineering practice, is not considered a informal technical conference. new withdrawal. amend Chapter XVIII, Title 7, Code of SUMMARY: The Federal Energy Federal Regulations as follows. * * * * * (v) For a proposed expansion of a Regulatory Commission will hold an PART 1940ÐGENERAL sewage treatment or water supply informal technical conference pursuant facility, such expansion would serve an to the Notices of Proposed Rulemaking 1. The authority citation for part 1940 equivalent population that is no more issued on December 16, 1994, in Docket continues to read as follows: than 20 percent or 500 persons Nos. RM95–3–000 and RM95–4–000. Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; (whichever is the larger) greater than the The conference is a preliminary step in 5 U.S.C. 301; 7 CFR 2.23 and 2.70. existing population. the process of modifying the electronic filing requirements to complement the Subpart GÐEnvironmental Program * * * * * (2) Financial assistance for existing proposed revisions to the regulations set 2. Section 1940.311 is amended by group homes, detention facilities, forth in the December 16, 1994 notices. redesignating paragraph (b)(3)(iii) as nursing homes, or hospitals that add no DATES: Tuesday and Wednesday, April (b)(3)(iv); revising paragraphs (b)(1)(i), more than 25 beds or increase the 4 and 5, 1995: 9:00 a.m. (b)(1)(ii), (b))(1)(v), and (b)(2); and number of beds by no more than 25 ADDRESSES: Federal Energy Regulatory adding a new paragraph (b)(3)(iii) to percent, whichever is greater, or new Commission, 810 First Street, NE., read as follows: facilities of not more than 25 beds. Washington, DC 20426. 13652 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules FOR FURTHER INFORMATION CONTACT: • To eliminate unnecessary processing • Participants should also be prepared to Richard A. White, Office of the General steps by the Commission and the companies. discuss any other relevant matter. Counsel, Federal Energy Regulatory • To facilitate access to the information by the public. Commission Staff is currently Commission, 825 North Capitol Street, • preparing an agenda for the conference. NE., Washington, DC 20426, (202) 208– To the greatest extent possible, electronic data should be capable of being linked to In order that the conference be as 0491. related data in other filings. productive as possible, Staff invites SUPPLEMENTARY INFORMATION: In • To ensure that electronically submitted comments on the goals, issues, and addition to publishing the full text of data contains the same information as the topics of discussion. Such comments this document in the Federal Register, paper copy of the filing. • should be addressed to Richard A. the Commission also provides all To ensure that electronic data can be White, Office of the General Counsel, easily correlated with the data in the paper interested persons an opportunity to Federal Energy Regulatory Commission, inspect or copy the contents of this filing. • To ensure that all spreadsheets contain 825 North Capitol Street, NE., document during normal business hours the underlying formulae and links. Washington, DC 20426, (202) 208–0491. in Room 3104, 941 North Capitol Street, The specific objectives of this conference Comments should be received by March NE., Washington, DC 20426. are: 28, 1995. Commenters are encouraged to • The Commission Issuance Posting To provide a form within which Staff submit comments on a 31⁄2 inch diskette System (CIPS), an electronic bulletin can gain a better understanding of how the in ASCII format. board service, provides access to the industry stores and processes the data The conference will begin at 9:00 a.m. required in the Commission’s forms and texts of formal documents issued by the on April 4, 1995, in a hearing or Commission. CIPS is available at no filings. • To determine the most efficient conference room of the Federal Energy charge to the user and may be accessed electronic means for the preparation and Regulatory Commission, 810 First using a personal computer with a submittal of data. Street, NE., Washington, DC 20426. The modem by dialing (202) 208–1397. To • To determine the most efficient conference room will be designated in a access CIPS, set your communications electronic means for the dissemination of subsequent notice. All interested software to 19200, 14400, 12000, 9600, data to the public. persons are invited to attend. • To determine whether additional 7200, 4800, 2400, 1200, or 300 bps, full Lois D. Cashell, duplex, no parity, 8 data bits, and 1 stop conferences are desirable; and, if so, the Secretary. bit. The full text of this rule will be format, agenda, and dates. available on CIPS for 60 days from the In light of these objectives, [FR Doc. 95–6168 Filed 3–13–95; 8:45 am] date of issuance in ASCII and Commission Staff anticipates BILLING CODE 6717±01±M WordPerfect 5.1 formats. After 60 days, considering the following topics at the the rule will be archived, but still conference: DEPARTMENT OF THE INTERIOR accessible. The complete text on • An appropriate filing format for each diskette in Wordperfect format may also type of submittal. Minerals Management Service be purchased from the Commission’s • How companies store data (mainframe, copy contractor, La Dorn Systems PCs, paper only) that the Commission 30 CFR Part 254 Corporation, also located in Room 3104, proposes to be filed electronically. • 941 North Capitol Street, NE., How companies prepare Form 2, Form Response Plans for Facilities Seaward 11, discount rate reports, index of customers, Washington, DC 20426. of the Coast Line Take notice that on Tuesday, April 4, and section 4 rate cases (using commercial software, proprietary software, spreadsheets, 1995 and, if necessary, Wednesday, AGENCY: Minerals Management Service, databases, wordprocessing software). Interior. April 5, 1995, an informal technical Whether companies use different hardware conference will be convened to begin and software for different parts of the ACTION: Notice of extension of public designing modifications to the submittal. What spreadsheet, database, and comment period. electronic filing requirements wordprocessing software is used necessitated by proposed Rulemaking predominantly. SUMMARY: This notice extends, by 62 issued on December 16, 1994, in Docket • Those aspects of the Commission’s days, the comment period for a notice Nos. RM95–3–000 and RM95–4–000,1 current electronic filing requirements that of proposed rulemaking (NPR) that the the Commission directed its Staff to should not be changed. Minerals Management Service • The use of form fill software for convene a technical conference to published in the Federal Register on submitting each filing. January 13, 1995. The NPR is concerned obtain the participation of the industry • Whether the Commission’s form fill and others for this purpose. software for submitting FERC Form No. 1 with requirements for spill-response The conference is a preliminary step would be useful for submitting other filings. plans for oil handling facilities located in the process of modifying the (The Commission’s form fill software for seaward of the coast line. Commission’s electronic filing submitting FERC Form No. 1 is available on DATES: The comment period is extended requirements to complement the the Commission Issuance Posting System to May 15, 1995. Comments should be proposed revisions to the regulations set (CIPS) under option ‘‘FERC Form No. 1 received or postmarked by that date. forth in the December 16, 1994 notices. Forum.’’ The bulletin board number is (202) 208–1397.) ADDRESSES: Comments should be Objectives to be achieved by • mailed or hand delivered to the modifying the electronic filing What information from electronic filings should be accessible to the public. In what Department of the Interior, Minerals requirements include: form would such data be most useful Management Service, Mail Stop 4700; • To employ user-friendly form fill, word (spreadsheet, database, wordprocessing, 381 Elden Street; Herndon, Virginia processing, or spreadsheet applications as ASCII). 22070–4817; Attention: Chief, • much as possible. Transmission of electronic data to the Engineering and Standards Branch. • To minimize the burden of the reporting Commission through telecommunication. requirements for regulated entites. • Any special concerns of state FOR FURTHER INFORMATION CONTACT: commissions, small businesses, customers, John Mirabella or Lawrence Ake, 1 Published in the Federal Register on January 13, consumer groups, and nonindustry users of Engineering and Standards Branch, 1995 at 60 FR 3111 and 3141, respectively. electronically filed data. telephone (703) 787–1600. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13653 Dated: March 7, 1995. their names and addresses, identify this restrictive to vessel traffic by adding Thomas Gernhofer, notice, specify the section of this notice provisions which would apply during Associate Director for Offshore Minerals to which each comment applies, and periods of high river flow conditions. Management. give the reason for each comment. Two However, that first supplemental notice [FR Doc. 95–6184 Filed 3–13–95; 8:45 am] copies of each comment should be of proposed rulemaking omitted BILLING CODE 4310±MR±M provided in an unbound format. All language distinguishing the rule’s comments should be on paper no larger applicability to commercial and than 81⁄2 by 11 inches and should be noncommercial vessels. This second DEPARTMENT OF TRANSPORTATION suitable for copying and electronic supplemental notice of proposed filing. Persons wanting acknowledgment rulemaking adds the language to clearly Coast Guard of receipt of comments should enclose state the proposal’s applicability to stamped, self-addressed postcards or commercial and noncommercial vessel 33 CFR Part 117 envelopes. traffic. [CGD13±93±031] The proposed regulations may be Discussion of Proposed Regulation changed in light of comment received. Drawbridge Operation Regulation; All comments received before the The twin Interstate 5 vertical lift Columbia River, OR and WA expiration of the comment period will bridges across the Columbia River be considered before final action is between Portland, Oregon, and AGENCY: Coast Guard, DOT. taken on this proposal. Vancouver, Washington, are currently ACTION: Supplemental notice of The Coast Guard plans no public required to open on signal, except that proposed rulemaking. hearings. Persons may request a public from 6:30 a.m. to 8:00 a.m. and from hearing by writing to the above address. 3:00 p.m. to 6:00 p.m., Monday through SUMMARY: This notice supplements a The request should include the reasons Friday (except Federal holidays), the notice of proposed rulemaking why a hearing would be beneficial. If draws need not open. These closed concerning the drawbridge operation the Coast Guard determines that the periods are necessary to accommodate regulations for the twin Interstate 5 opportunity for oral presentation will peak morning and afternoon vehicular drawbridges across the Columbia River, aid this rulemaking, it will hold a public commute traffic across the bridges. Both mile 106.5, between Portland, Oregon, hearing at a time and place announced bridges also provide alternate mid-level and Vancouver, Washington. Previous by a later notice in the Federal Register. fixed spans which provide greater notices of proposed rulemaking which vertical clearance than do the proposed the extension of the morning Drafting Information: The principal drawspans in the closed position. The and afternoon time periods when the persons involved in drafting this document alternate fixed spans are routinely used are John E. Mikesell, Chief, Plans and bridge need not open did not contain Programs Section, Aids to Navigation and by tug and barge traffic except at higher language needed to distinguish the Waterways Management Branch, Thirteenth water surface elevations. Because the proposed rule’s applicability to Coast Guard District, Seattle, WA, and LCDR number of vehicles crossing the commercial and noncommercial vessels. John Odell, project attorney, Thirteenth Coast interstate bridges has increased This supplemental notice adds the Guard District Legal Office, Seattle, WA. dramatically, particularly during omitted language and clearly states the commute times, any opening in close Background and Purpose proposed rule’s applicability by vessel proximity to these commute times, type and river flow conditions. This notice proposes drawbridge before or after, results in unacceptable DATES: Comments must be received on operation regulations for the twin vehicular traffic delays. Therefore, or before May 15, 1995. Interstate 5 drawbridges across the Oregon State Department of Columbia River, mile 106.5, between Transportation (ORDOT) has requested ADDRESSES: Comments should be Portland, Oregon, and Vancouver, mailed to Commander (oan), Thirteenth an extension of the weekday closed Washington. The proposed rule would Coast Guard District, 915 Second periods. extend the morning and afternoon time Subsequent to publication of a Avenue, Seattle, Washington 98174– periods when the draws of the bridges previous supplemental notice of 1067. The comments and other need not open for the passage of vessels proposed rulemaking on October 4, materials referenced in this notice will while delineating clear exceptions based 1994 (59 FR 50531), the Coast Guard be available for inspection and copying on the river flow conditions and the recognized the need for clarification at 915 Second Avenue, Room 3410, type of vessel traffic involved. concerning the rule’s applicability to Seattle, Washington. Normal office commercial and noncommercial vessels. hours are between 7:45 a.m. and 4:15 Regulatory History After reevaluation, the Coast Guard p.m., Monday through Friday, except This notice is the second determined that the proposed rule’s holidays. Comments may also be hand- supplemental notice of proposed provisions for high water conditions delivered to this address. rulemaking published for this proposed (when the river gauge indicates 6.0 feet FOR FURTHER INFORMATION CONTACT: rule. The original notice of proposed or more) were only required in order to John E. Mikesell, Chief, Plans and rulemaking, published in the Federal meet the reasonable needs of Programs Section, Aids to Navigation Register on November 26, 1993 (58 FR commercial vessel traffic. The needs of and Waterways Management Branch, 62302), proposed an extension of the noncommercial vessel traffic will be (Telephone: (206) 220–7272). morning and afternoon time periods adequately met during high water SUPPLEMENTARY INFORMATION: when the draws need not open for the conditions despite the extended closed passage of vessels without regard to periods. Request for Comments vessel type or river flow condition. A Therefore, based on this reevaluation, The Coast Guard encourages supplemental notice, published in the this second notice of proposed interested persons to participate in this Federal Register on October 4, 1994 (59 rulemaking further amends the rulemaking by submitting written data, FR 50531), provided for relatively proposed rule, making the high water views, and arguments. Persons uninterrupted vehicular flow during provisions applicable only to submitting comments should include peak traffic times while being less commercial vessels. During low water 13654 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules conditions (when the river gauge FR 38654; July 29, 1994), this proposed DEPARTMENT OF DEFENSE indicates 5.9 feet or less), the proposed regulation is categorically excluded extended periods when the bridges need from further environmental Department of the Army not open for the passage of vessels will documentation. An environmental Corp of Engineers apply to both commercial and checklist and categorical exclusion noncommercial vessels. determination have been completed for 33 CFR Parts 320, 325 and 333 Regulatory Evaluation this proposed action and have been included in the rulemaking docket. Wetland Delineator Certification This proposal is not a significant Program action under section 3(f) of Executive List of Subjects in 33 CFR Part 117 Order 12866 and does not require an AGENCY: Army Corps of Engineers, DOD. assessment of potential costs and Bridges. ACTION: Proposed rule. benefits under section 6(a)(3) of that Proposed Regulations order. It has been exempted form review SUMMARY: The U.S. Army Corps of by the Office of Management and For the reasons set out in the Engineers (Corps) is establishing a Budget under that order. It is not preamble, the Coast Guard proposes to program for the training and certification of individuals as wetland significant under the regulatory policies amend Part 117 of Title 33, Code of delineators. The intent of the Wetland and procedures of the Department of Federal Regulations as follows: Transportation (DOT) (44 FR 11040; Delineator Certification Program February 26, 1979). PART 117ÐDRAWBRIDGE (WDCP) is: (1) To improve the quality The Coast Guard expects the OPERATION REGULATIONS and consistency of wetland delineations economic impact of this proposal to be submitted to the Corps, and (2) to so minimal that a full regulatory 1. The authority citation for Part 117 streamline the regulatory process by evaluation under paragraph 10e of the continues to read as follows: developing procedures for expediting regulatory policies and procedures of review and consideration of Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 DOT is unnecessary. Most waterway delineations submitted by certified CFR 1.05–1(g); section 117.255 also issued traffic can be accommodated by the delineators. We are publishing this under the authority of Pub. L. 102–587, 106 alternate fixed span channel. For the proposed rule today to provide the Stat. 5039. benefit of commercial vessels, the public the opportunity to assist us in the proposed rule would revert to its 2. In § 117.869, paragraph (a) is development of the WDCP. previous, less-restrictive form when the revised to read as follows: DATES: Written comments must be vertical clearance under the alternate submitted on or before April 13, 1995. fixed span was less than 52 feet. § 117.869 Columbia River. ADDRESSES: Written comments must be Small Entities (a) The draws of the Interstate 5 submitted to: The Chief of Engineers, United States Army Corps of Engineers. Under the Regulatory Flexibility Act highway bridge, mile 106.5, between Portland, OR, and Vancouver, WA, shall ATTN: Ms. Karen Kochenbach, CECW– (5 U.S.C. 601 et seq.), the Coast Guard OR, Washington, DC 20314–1000. must consider whether this proposal open on signal, except that: FOR FURTHER INFORMATION CONTACT: Ms. will have a significant economic impact (1) When the river gauge at the bridge Karen Kochenbach or Mr. Sam on a substantial number of small indicates 6.0 feet, or more, as Collinson at the Office of the Chief of entities. ‘‘Small entities’’ include determined by the drawtender on duty, Engineers at (202) 272–0199. independently owned and operated the draws need not open for the passage small businesses that are not dominant of commercial vessels from 6:30 a.m. to SUPPLEMENTARY INFORMATION: in their field and that otherwise qualify 8:00 a.m. and from 3:30 p.m. to 6:00 Background as ‘‘small business concerns’’ under p.m. Monday through Friday, except section 3 of the Small Business Act (15 The Corps regulates activities Federal holidays, and for all other involving the discharge of dredged or U.S.C. 632). Because the impacts of this vessels the draws need not open from proposal are expected to be minimal, fill material into waters of the United 5:30 a.m. to 9:00 a.m. and from 2:30 States, including wetlands, pursuant to the Coast Guard certifies under section p.m. to 6:00 p.m. Monday through 605(b) of the Regulatory Flexibility Act Section 404 of the Clean Water Act Friday, except Federal holidays. (5 U.S.C. 601 et seq.) that this proposal (CWA). In accordance with Section will not have a significant impact on a (2) When the river gauge at the bridge 307(e) of the Water Resources substantial number of small entities. indicates 5.9 feet, or less, as determined Development Act of 1990 (WRDA 90), by the drawtender on duty, the draws the Corps is establishing the WDCP. Federalism need not open for the passage of any Section 307 (e) of WRDA 90 authorizes The Coast Guard has analyzed this vessels from 5:30 a.m. to 9:00 a.m. and the Secretary of the Army to establish a action in accordance with the principles from 2:30 p.m. to 6:00 p.m. Monday program for the training and and criteria contained in Executive through Friday, except Federal holidays. certification of individuals as wetland Order 12612 and has determined that delineators. Pursuant to this authority, * * * * * this proposal does not have sufficient the Corps conducted demonstration Dated: February 28, 1995. federalism implications to warrant the projects in the Baltimore, Jacksonville, preparation of a federalism assessment. John A. Pierson, and Seattle districts. Captain, U.S. Coast Guard, Commander, 13th The Wetland Delineator Certification Environment Coast Guard District, Acting. Program (WDCP) was initially The Coast Guard considered the [FR Doc. 95–6152 Filed 3–13–95; 8:45 am] announced in the Federal Register on environmental impact of this proposed BILLING CODE 4910±14±M December 30, 1992 (57 FR 62312). This regulation and concluded that, under notice introduced the WDCP and paragraph 2.B.2 of Commandant provided specifics on participation in Instruction M16475.1B (as revised by 59 the three demonstration projects. On Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13655 April 16, 1993, we published a second scheduled for completion at the end of delineations. It has been our experience announcement in the Federal Register 1994, and determine if modifications to that wetland delineators who are (58 FR 19806) concerning the the 1987 Manual are necessary. properly trained and experienced in the availability of draft training materials Certification under the WDCP will be current Federal wetland delineation developed for the WDCP. Corps districts based on demonstrated abilities for methodology perform wetland nationwide issued public notices delineating wetlands using the current delineations that are more accurate and concurrently with these notices, and Federal wetland delineation consistent. Consequently, these numerous publications chose to include methodology in use at the time of delineations require the Corps to spend brief articles in their professional certification. less time reviewing them for accuracy. journals on the WDCP. Copies of the 1987 Manual are These time savings are vital because The concept of providing expedited available from the National Technical Corps districts spend a considerable acceptance of wetland delineations by Information Service (NTIS), 5285 Port amount of resources reviewing and consultants and contractors similar to Royal Road, Attn: Order Department, performing wetland delineations, the goals of the WDCP has previously Springfield, Virginia 22171. Document whether delineations are made on-site been informally implemented by a few #ADA 176 734, Phone #(703) 487–4650. (based on a site visit) or off-site (based Corps districts on a limited basis. In Copies of the supplemental guidance on an office determination utilizing those cases, the Corps districts issued by the Corps concerning use of exiting available information, such as established informal procedures for the 1987 Manual (i.e., the October 7, National Wetlands Inventory maps and expeditious review and acceptance of 1991, Questions and Answers, and the aerial photography). wetland delineations performed by March 6, 1992, Clarification and We are aware that application of any qualified individuals. Like those Interpretation memorandum) as well as wetland delineation methodology by informal approaches, there will be no the Administration’s Wetlands Plan of persons who lack the requisite scientific requirement for wetland delineators to August 24, 1993, may be obtained by and technical knowledge, has the be certified under the WDCP in order to contacting the Regulatory Branch of potential to result in inaccurate or submit wetland delineations to the your local Corps district, the EPA inconsistent wetland delineations. Corps; however, the Corps will handle Wetlands Hotline at (800) 832–7828, or However, we anticipate that wetland wetland delineations performed by the Regulatory Branch of Corps delineations performed by certified wetland delineators it has certified more Headquarters (Office of the Chief of delineators will be of higher quality and expeditiously. Corps districts will retain Engineers) at (202) 272–0199. greater consistency, thereby allowing for discretion regarding the acceptance of an expedited wetland delineation Current Practices/Past Problems wetland delineations, including those review process. accomplished by certified delineators. On the average, the Corps makes a Other organizations have or will be The WDCP will affect the Corps’, U.S. total of 30,000 jurisdictional developing certification programs in Environmental Protection Agency’s determinations a year, many of which wetland science (e.g., the Society of (EPA), or U.S. Department of involve wetlands subject to regulation Wetland Scientists), and several States Agriculture Natural Resources under Section 404 of the CWA. are also considering implementing Conservation Service’s (NRCS, formerly Jurisdictional determinations are certification programs related to the Soil Conservation Service (SCS)) determinations that a wetland and/or wetlands. The WDCP is a separate and authority to determine jurisdiction for waterbody is subject to regulatory distinct program for wetland delineators purposes of Section 404 of the CWA, but jurisdiction under Section 404 of the who perform and submit wetland is intended to provide expedited service Clean Water Act or Sections 9 and 10 of delineations to the Corps, and has no to the public, while improving the the Rivers and Harbors Act of 1899. relationship to, nor reciprocity with, accuracy and consistency of wetland While the Corps will conduct a wetland other certification programs currently in delineations submitted to the Corps by delineation if requested to do so, many existence. applicants choose to hire the services of consultants and contractors. The Federal Government Certification development of this program is also a a consulting firm to perform wetland component of the Administration’s delineations on their behalf. Because of The four Federal agencies primarily August 24, 1993 Wetlands Plan entitled delineation backlogs in many Corps involved in wetland delineations and ‘‘Protecting America’s Wetlands: A Fair, districts, this approach can expedite the Section 404 of the CWA (i.e., Corps, Flexible, and Effective Approach.’’ wetland delineation review process. EPA, FWS, and NRCS) have participated However, the Corps routinely receives in interagency wetland delineation Wetland Delineation Manual inaccurate and inconsistent wetland training since 1989. The Corps manages The four Federal agencies responsible delineations from applicants and/or this training, and experienced for making wetland delineations (i.e., their representatives which nessitate delineators from the four agencies serve the Corps, EPA, NRCS, and the U.S. modification(s) or redelineation(s). as instructors. The course is Department of Interior Fish and Wildlife When this occurs, the Corps must spend continuously revised as necessary to Service (FWS) currently utilize the 1987 a greater amount of time in making a ensure that Federal agency personnel Corps of Engineers Wetland Delineation determination of wetlands jurisdiction. are presented with the current Federal Manual (1987 Manual) for identifying By relying more on private sector wetland delineation methodologies. and delineating wetlands for purposes delineations the Corps will be able to Additionally, Corps, EPA, FWS, and of Section 404 of the CWA. As noted in more efficiently utilize its limited staff NRCS wetland delineators receive on- the Administration’s Wetlands Plan, the for permit evaluations and compliance. the-job training and gain valuable field agencies will continue to use the 1987 Although many districts have internal experience during the daily Manual pending completion of an on- procedures currently in use to implementation of their wetland going study of the National Academy of determine competent wetland programs. The agencies recognize the Sciences (NAS) Committee on Wetlands delineators, the Corps has not had one need to ensure that employees who Characterization. The four Federal uniform process for evaluating the perform and/or verify wetland agencies noted above will review the demonstrated competence of wetland delineation possess the necessary results of the NAS study, which is delineators during its review of wetland training experience. To facilitate the 13656 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules goal of consistency in the identification being accepted; districts have completed and wetland hydrology), and the and delineation of wetlands, the Corps the testing and evaluation of over 200 procedures utilized to assess these continues to work with EPA, NRCS, and WDCP applicants. There were no characteristics consistent with the 1987 FWS to improve its training programs prerequisites nor fees charged for Manual. During the field practicums, and field staff capabilities, as included participation in the demonstration participants were required to document in the Administration’s Wetlands Plan. projects. Because we believe that the presence or absence of field The Corps, based on these proposed provisionally certified individuals have indicators for each of the three regulations, will require completion of demonstrated adequate wetland parameters by using data sheets to the interagency wetland delineation delineation knowledge and ability, it is record field observations, and by training course (i.e., Regulatory IV), in our intention to consider provisionally providing written explanations addition to two (2) years experience and certified individuals as certified supporting their conclusions. Eighty an internal evaluation of knowledge and wetland delineators under the final percent (80%) was also the passing abilities of its field staff responsible for WDCP, pending adoption of these score for the field practicum. We believe making jurisdictional determinations in regulations. The provisional that WDCP field practicums must be wetlands, equivalent to the certifications will remain valid until a procedurally and fundamentally the requirements of certified delineators. final rule is adopted for the WDCP. same from Corps district to Corps Consistent with the intent of the WDCP, district, and will standardize the Written Test Federal agencies which submit wetland practicum used during the delineations to the Corps (e.g., the The written tests used by the three demonstration phase prior to Federal Highway Administration), may demonstration districts were developed nationwide implementation. benefit from being certified by the Corps from the pool of questions used in the Administration of the field practicum through the WDCP. Federal interagency wetland delineation during the demonstration program was training (Regulatory IV), and are based influenced to some degree by the Demonstration Program on the current Federal wetland weather (e.g., snow in Baltimore in The purpose of the demonstration delineation methodology (i.e., the 1987 March). We welcome comments on the program of the WDCP was to determine Manual), related technical guidance, consideration of limiting these tests to the appropriate level of wetland and other wetland concepts covered in the time period as determined by delineation capabilities which should the Regulatory IV training (e.g., soil appropriate by the districts, for be required of individuals in order to taxonomy). Each demonstration district example, the local growing season. receive expedited review and prepared a written test from the pool of Comments on the field practicum are consideration of their wetland these multiple choice questions. Over requested from those individuals who delineations by the Corps. In addition, the years, the Corps has added, deleted, participated in the demonstration the demonstration program was used to and/or modified questions in the pool program, and any recommendations for test draft written tests and field used in its wetland delineation training modifications or other procedures that practicums, assess individuals’ wetland to remain consistent with the current can be consistently administered in all delineation capabilities, and receive Federal wetland delineation districts will be considered. feedback on the training package methodology. The passing score for the Results designed for use by certified wetland written exam administered during the delineators in the training of others in demonstration projects was 80%. We Results of the demonstration program the current Federal wetland delineation believe that proper training is essential are provided in Table 1 below. Overall, methodologies. Provisional certification to the competency of wetland more than 3,000 WDCP information/ was awarded to those WDCP delineators, and the Corps tests are application packages were mailed to participants successfully completing the designed to evaluate such training. We prospective applicants by the three two-part test, pending the adoption of invite comments on this testing demonstration districts in response to final regulations that will result from approach, as well as comments on the public requests. Over 1500 applications the evaluation of comments received on tests, from those who have participated were submitted, and all were provided the regulation proposed today. in the demonstration program. We the opportunity to take the written The WDCP demonstration program intend to standardize the written tests exam. Of the more than 900 that did so, involved projects in three Corps for administration nationwide in the fewer than 400 WDCP applicants passed districts, and began in March, 1993. The final WDCP. the written test. All of the individuals WDCP was initially announced who passed the written test took the December 30, 1992 in the Federal Field Practicum field practicum, and over 85% passed. Register, in addition to district public A field practicum was also Currently there are almost 350 notices. The projects took place in the administered by the demonstration provisionally certified wetland States of: Washington, Maryland, and districts to those who successfully delineators nationwide. Until Florida, administered by the Seattle, completed the written test. Like the certification is defined through the Baltimore, and Jacksonville Districts, written test, the field practicum adoption of final regulations, and respectively, although participation was required WDCP applicants to have an individuals are certified under the final not limited to applicants within the understanding of the three parameters WDCP, the names of provisionally districts’ boundaries. Applications for used in wetlands delineation (i.e., certified individuals will not be released provisional certification are no longer hydrophytic vegetation, hydric soils, by the Corps. TABLE 1.ÐSUMMARY OF WDCP DEMONSTRATION PROGRAM RESULTS No. of individuals Baltimore Jacksonville Seattle Totals Applied for participation ...... 496 501 642 1,639 Took written test ...... 386 347 174 907 Passed written test ...... 184 (48%) 148 (43%) 61 (35%) 393 (43%) Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13657 TABLE 1.ÐSUMMARY OF WDCP DEMONSTRATION PROGRAM RESULTSÐContinued No. of individuals Baltimore Jacksonville Seattle Totals Took field practicum ...... 184 148 61 393 Passed field practicum ...... 152 (82%) 148 (100%) 49 (80%) 349 (88%) Provisionally certified ...... 152 148 49 349 (38%) Training modifications and updates to the exam, are specifically sought as a part training materials, and will provide lists of this proposal. To satisfy the A certificate of training in the current of training sources offering the WDCP experience requirement, WDCP Federal wetland delineation training. After a final WDCP is adopted, applicants should have a minimum of 2 methodology, signed by a certified all districts will maintain lists of both years experience delineating wetlands wetland delineator, would be a certified wetland delineators as well as for Federal, State, tribal or local mandatory prerequisite for all WDCP those who provide the requisite governments, or the private sector. The applicants. Prior to the adoption of final training, and will make these lists WDCP applicant would have to supply regulations based on today’s proposal, available to the public, as proposed in references of employers, including individuals may satisfy this future these regulations. telephone numbers for verification prerequisite by obtaining a certificate purposes, of references who can attest as The Wetland Delineation Certification verifying completion of wetland to the WDCP applicant’s assertions Program (WDCP) delineation training in the current regarding experience. The Corps Federal wetland delineation The WDCP would require applicants reserves the right to check a WDCP methodology from an instructor to: (1) satisfy certain prerequisites and applicant’s documented prerequisites. utilizing the Corps 1993 WDCP draft (2) pass a two-part test. We welcome comments on alternative training package. The availability of the Prerequisites approaches of satisfying the experience draft training package developed for the requirement, such as documentation WDCP, was announced in the Federal Prerequisites for entrance into the that a minimum number of wetland Register on April 16, 1993 (58 FR WDCP would consist of: (1) Training in delineations were accepted by the Corps 19806). Copies were distributed free of the current Federal wetland delineation prior to certification. Acceptance into charge by the Corps Wetlands Research methodology, and (2) two (2) years of the WDCP (i.e., meeting all and Technology Center (WRTC) at the professional experience in wetlands prerequisites) does not guarantee Waterways Experiment Station (WES) in delineation. We feel training should certification. Applications for Vicksburg, MS. A limited number of consist of a combination of classroom certification must be accompanied by copies may still be available by calling and field training specifically in the documentation (e.g., training certificate) the WRTC at (601) 634–4217. An current Federal wetland delineation that an individual meets all evaluation of the draft WDCP training methodology. Training must be prerequisites. We welcome comments package is being conducted by the conducted by an individual certified by on the proposed prerequisites, as well as Corps, and a revised training package the Corp, and should consist of a suggestions for other options. will be developed for future use. minimum of 36 hours of instruction, A list of potential training sources consistent with the training required of Tests available to the public through private Corps, EPA, NRCS (formerly the SCS), Generally, WDCP applicants would and academic institutions, is available and FWS Federal agency staff who submit a WDCP application form (to be from the Regulatory Branch of your delineate wetlands for purposes of developed for the final WDCP) to the local Corps district office or the Office Section 404 of the Clean Water Act. appropriate district, where it would be of the Chief of Engineers in Washington, Comments are requested on alternative considered in accordance with the final D.C. A certificate of completion of the training mechanisms which provide regulations. Qualified WDCP applicants WDCP wetland delineation training greater flexibility to potential WDCP would be notified of the next available would be issued by the training source applicants. For example, comment is test date. Testing will include a and required by the Corps for solicited in the use of videotape or at- standardized written examination for participation in the final WDCP. At this home study for the delivery of the nationwide use, which must be passed time, training may be provided by training material. One such alternative before applicants proceed to the field individuals who have received the would allow individuals to study course practicum. Based on the response to the training materials, regardless of whether materials at home, and then spend one demonstration projects, we are or not they are provisionally certified by or two days at a training program proposing to offer the national written the Corps. However, after the adoption facility to receive hands-on instruction test sessions in all Corps districts on the of final regulations for the WDCP, all and to take the course exam. This same date each month for the first three training intended to meet this alternative would help to reduce travel months of nationwide implementation prerequisite must be provided by a expenses, may lower tuition costs, and of the WDCP and quarterly thereafter. wetland delineator certified under the would reduce the time that a trainee Field practicums will be scheduled final WDCP. It is the responsibility of would have to miss work. The Corps is based on need (i.e., the number of the individual seeking certification by concerned, however, that non-classroom WDCP applicants which have first the Corps under the WDCP to ensure oriented instructional methods may not passed the written test). The field that the training meets the training provide training of a quality equivalent practicums may vary slightly between prerequisite (i.e., that the training is to classroom instruction. Comments on divisions (the proposed geographic provided by a certified wetland the impact of quality resulting from the limits of the validity of certifications delineator). alternative training methods taking into made at the district level), based on The Corps will keep certified account the requirement for hands-on regional differences such as growing delineators and trainers abreast of training, course test, and third party season, wetland type, and some field 13658 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules indicators, however, the field practicum certifications issued by the associated with nationwide procedure will be identical nationwide. demonstration districts valid as final implementation of the WDCP to be Comments on the appropriate certifications after the WDCP is higher initially, we are confident that procedures and frequency of the field implemented nationwide. Comments Federal labor costs will be reduced over testing, particularly from individuals are also requested on the option of the life of the program. who participated in the demonstration considering certifications (provisional Benefits program, would be helpful. We are as well as final) valid in a broader proposing to limit the number of geographic area than the administering The Corps, permit applicants, and the opportunities to retake the tests without district’s regulatory boundaries. While public will benefit from the improved the benefit of additional training. WDCP we are proposing that certifications be quality and consistency of wetland applicants who fail either the written or issued by districts and considered valid delineations the Corps receives from the field test are encouraged to obtain within the Corps Division in which the certified wetland delineators. The additional training and/or experience district exists, we invite comments on public will benefit from the expedited prior to retesting. other options (e.g., nationwide). In review and consideration of wetland addition, we invite comments on the delineations by certified wetland Certification need to further limit the validity of delineators by the Corps. We believe Upon successful completion of the certifications in exceptional situations that the program will result in better prerequisites and testing requirements, involving unique geographic areas. For service to the public by both the Corps the district would award a certification example, it may be determined and private sector wetland delineators. to the applicant by mail. Certified appropriate for certifications within It is anticipated that both the Corps and wetland delineators would be required Divisions which include entities such as the public will have greater certainty in to include a signed statement with all Alaska, Hawaii, Puerto Rico, and consultants’ or contractors’ wetland wetland delineations submitted to the America Samoa, etc., to limit the delineations as a result of the WDCP. Corps, verifying that the information has validity of certification to a smaller Benefits are expected to increase each been developed in accordance with the geographic area. Certifications would year. current Federal wetland delineation remain valid for a period of five (5) Proposed Changes methodology, and is subject to legal years; therefore recertification would penalties related to false information as generally be necessary once every 5 33 CFR 320.3(p)—Related Laws provided for in 18 U.S.C. Section 1001 years. Certifications would be subject to We are proposing to add Section (18 U.S.C. Section 1001 provides that: suspension or revocation procedures 307(e) of the Water Resources Whoever, in any manner within the (see Section 333.7) based on repeated Development Act of 1990 authorizing jurisdiction of any department or agency poor performance and/or submittal of the WDCP to the related laws section. of the United States knowingly and inaccurate wetland delineations by willfully falsifies, conceals, or covers up certified wetland delineators. 33 CFR 325.2(c)—Wetland Delineations by any trick, scheme or device a Submitted by Certified Delineators Costs material fact or makes any false, We are proposing procedures, fictitious, or fraudulent statements or During the early years of the WDCP, requirements, and timeframes to representations or makes or uses any costs to the Corps of administering the provide for expedited review of wetland false writing or document knowing the program will likely exceed the savings delineations submitted by certified same to contain any false, fictitious, or in reduced staffing needs associated delineators as required by Section fraudulent statements or entry, shall be with verifying wetland delineations. 307(e) of the Water Resources fined not more than $10,000 or These costs were monitored during the Development Act of 1990. imprisoned not more than five years, or demonstration program to assess the both.) Certified wetland delineators effect on budget and manpower 33 CFR 333—Wetland Delineator would be contacted by the Corps as to allowances. The costs incurred by the Certification Program the completeness and accuracy of the demonstration districts were, as We are adding a new part to wetland delineation submitted within expected, greater than the costs implement the WDCP. Section 333.1 30 days if submitted in conjunction anticipated during nationwide Purpose and Section 333.2 General with a permit application, or 60 days if implementation due to the WDCP provide a statement of purpose and an not (see 325.2(c)). Expedited review developmental responsibilities required overview of the WDCP. associated with wetland delineations of these districts. Section 333.3 Definitions provides submitted by certified wetland Although the WDCP require the definitions of common terms used in the delineators does not guarantee shorter expenditure of a portion of the WDCP. The proposed terms are permit processing times, which will be regulatory budget for several years, we ‘‘accuracy determination’’, ‘‘wetland the subject of a future rulemaking action are not proposing to assess a fee for delineation’’, ‘‘wetland determination’’, related to the Administration’s Plan. certification. WDCP applicants will ‘‘jurisdictional determination’’, The issuance of a certification does not have incurred some costs associated ‘‘certification’’, ‘‘certified wetland create or grant any property interest or with satisfaction of the training delineator’’, ‘‘expedited review’’, right for the certified wetland prerequisites of the program. In ‘‘suspension’’, ‘‘revocation’’, delineator, nor does it create any rights addition, it will be necessary for ‘‘substantial inaccuracies’’, and ‘‘history for an individual relying upon a certified wetland delineators to keep of substantial inaccuracies’’. We request wetland delineation made by a certified certifications current with the most comments on these terms and the need wetland delineator, but is intended to recent Federal wetland delineation to define additional terms. facilitate the determination of methodology. Nonetheless, comments Section 333.4 Certification Process jurisdiction by the Corps. are requested on the issue of fees describes the procedures and associated with the WDCP, such as requirements necessary to be certified Validity of Certifications where fees should be charged and why, under the WDCP. This section includes Comments are requested on our and what should be the basis for such a discussion of the mandatory intention to consider provisional fees. Although we expect Federal costs prerequisites and tests we are proposing Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13659 to require of wetland delineators in the Corps of administering the program List of Subjects order to be certified by the Corps. during the early years of the WDCP will 33 CFR Part 320 Section 333.5 Validity of likely exceed the savings in reduced Certifications provides for the manpower needs associated with Environmental Protection, geographic limits of where a verifying wetland jurisdictional Intergovernmental relations, Navigation, certification would be considered valid determinations, we are confident that Water pollution control, Waterways. in order to receive expedited review by labor costs will be reduced over the life 33 CFR Part 325 the Corps. of the program. These costs were Section 333.6 Recertification Administrative practice and monitored during the demonstration discusses the requirement for an procedure, Intergovernmental relations, program to assess the effect on budget individual to keep the certification Environmental protection, Navigation, current in order to receive expedited and manpower allowances, and costs Water pollution control, Waterways. varies among the three participating review by the Corps. We believe that 33 CFR Part 333 certifications should not be valid Districts. Although the WDCP will Waterways, Training programs, indefinitely and are proposing a five (5) require the expenditure of a portion of Consultants, Reporting and record year limit. the regulatory budget for several years, Section 333.7 Suspension or we do not intend to assess a fee for keeping requirements. revocation discusses the ability of the certification. WDCP applicants will Dated: March 3, 1995. Corps to suspend or revoke an already have incurred expenses to John H. Zirschky, individual’s certification, if appropriate, obtain the necessary training as needed Acting Assistant Secretary of the Army (Civil after an opportunity has been provided to meet the prerequisites of the program. Works), Department of the Army. by the Corps for the certified delineator In addition, it will be necessary for For the reasons set out in the to respond in writing to the District certified wetland delineators to keep preamble, 33 CFR Parts 320 and 325 are Engineer’s reasons for suspending or certifications current with the most proposed to be amended, and Part 333 revoking the certification. recent Federal wetland delineation is added to read as follows: Environmental Documentation methodology. We have taken steps, 33 CFR CHAPTER IÐCORPS OF however, to minimize labor We have made a preliminary ENGINEERS, DEPARTMENT OF THE ARMY requirements on Corps districts in the determination that this action does not implementation of the final WDCP. For PART 320ÐGENERAL REGULATORY constitute a major Federal action POLICIES significantly affecting the quality of the example, field practicums will be human environment. The WDCP is standardized and necessary training 1. The authority citation for Part 320 intended to improve the quality and provided to the districts, thereby continues to read as follows: eliminating the time-consuming consistency of wetland delineations Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. reviewed by the Corps, and to expedite developmental process experienced by 1344; 33 U.S.C. 1413. the demonstration districts. Although decisions regarding these delineations, 2. Section 320.3 is amended by but will have no effect on the outcome we expect costs associated with nationwide implementation of the adding a new paragraph (p) at the end of the jurisdictional determination. that reads as follows: Furthermore, appropriate environmental WDCP to be higher initially, we are documentation is prepared for all confident that Federal labor costs will § 320.3 Related laws. permit decisions on a case-by-case basis. be deduced over the life of the program. * * * * * Executive Order 12866 Benefits (p) Water Resources Development Act of 1990. Pursuant to Section 307(e) of The Department of the Army has The Corps, permit applicants, and the the Water Resources Development Act made a preliminary determination that public will benefit from the improved of 1990 (Pub. L. 101–640), the Secretary these regulations do not contain a major quality and consistency of wetland of the Army has established a program proposal requiring the preparation of a delineations the Corps receives from for the training and certification of regulatory analysis under E.O. 12866. individuals as wetland delineators for The Office of Management and Budget certified wetland delineators. The public will benefit from the expedited purposes of submitting wetland has concurred. In addition, there has delineations to the Corps. The Wetland been, and will continue to be, review and consideration of wetland delineations submitted by certified Delineator Certification Program also substantial interagency coordination on includes procedures for expediting wetland delineators by the Corps. We the WDCP to ensure that the interests of review and consideration of wetland believe that the program will result in other Federal agencies are considered in delineations submitted by wetland the finalization of regulations for the better service to the public by both the delineators it has certified. WDCP. Corps and private sector wetland delineators. It is anticipated that both PART 325ÐPROCESSING The Regulatory Flexibility Act the Corps and the public will have DEPARTMENT OF THE ARMY The Department of the Army, greater certainty in consultants’ or PERMITS pursuant to Section 605(b) of the contractors’ wetland delineations as a 3. The authority citation of part 325 Regulatory Flexibility Act of 1980, has result of the WDCP. Benefits are continues to read as follows: made a preliminary determination that expected to increase each year. these proposed regulations will not have Authority: 33 U.S.C. 401 et seq.; 33 U.S.C. a significant impact on a substantial Note: (1) The terms ‘‘district engineer’’ or 1344; 33 U.S.C. 1413. number of small entities. ‘‘division engineer’’ should be considered to be interchangeable until decisions are made 4. Paragraph (c) is added to read as Implementation of the WDCP has the follows: potential to be labor intensive for the as to the appropriate level of authority for Corps, as was the case during the decisions regarding the WDCP, as set forth in § 325.2 Processing of applications. demonstration projects. While costs to the final regulations. * * * * * 13660 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules (c) Wetland delineations submitted by will be subject to the same time frames § 333.3 Definitions. certified wetland delineators—(1) as the initial submittal. For purposes of this regulation these General. The Corps intends to give * * * * * terms are defined as follows: expedited review to wetland (a) The term accuracy determination delineations submitted by certified PART 333ÐWETLAND DELINEATOR refers to the process whereby the wetland delineators, as part of a request CERTIFICATION PROGRAM District Engineer determines that a for wetland jurisdictional wetland delineation submitted by a determinations. 5. Part 333 is added to read as follows: certified wetland delineator is (2) Contents of wetland delineations. consistent with the current Federal Certified wetland delineators will PART 333ÐWETLAND DELINEATOR wetland delineation methodology. Such submit wetland delineations to the CERTIFICATION PROGRAM delineations may include some flaws which the Corps determines are minor appropriate Corps regulatory office 333.1. Purpose. using the following format. and that can be easily corrected. 333.2. General. (b) The term wetland delineation (i) The wetland delineation submittal 333.3. Definitions. will include: means a final Corps of Engineers 333.4. Certification Process. delineation, or verification by the Corps (A)(i) A copy of the wetland 333.5. Validity of certifications. of a delineation submitted by an delineator’s certification. 333.6. Recertification. applicant or an applicant’s 333.7. Suspension or revocation of B(i) Drawings, plans and/or surveys, representative, indicating the acreage to scale, showing the acreage and certifications. 333.8. Maintenance of lists. and boundaries of a subject property boundaries of the wetland in the project that is wetland in accordance with the area, and Authority: 33 U.S.C. 1344. current Federal wetland delineation (C) Completed data sheets in support § 333.1 Purpose. methodology. Additionally, the term of the documented wetland boundary. includes reverification of expired (ii) In addition, submittals by certified This section prescribes the policies, wetland delineations and reverification wetland delineators will include the procedures, and guidance for of wetland delineation where new name, address and telephone number of administration of the Wetland information has become available that the person designated to receive the Delineator Certification Program may effect the final wetland delineation. results of the Corps’ accuracy (WDCP). The purposes of the WDCP are: (c) The term wetland determination determination for Corps’ acceptance of (a) To improve the quality and means a preliminary Corps of Engineers the wetland delineation. consistency of wetland delineations determination as to whether or not (3) Corps approval. District Engineers submitted to the Corps either alone or wetlands exist on a subject property. will strive to make a determination of in conjunction with a permit (d) The term jurisdictional completeness and accuracy of wetland application seeking to discharge dredge determination means a final Corps of delineations submitted by certified or fill material into waters of the United Engineers determination that a wetland wetland delineators within thirty (30) States, and. and/or waterbody is subject to calendar days of receipt if they are regulatory jurisdiction under Section (b) To streamline the regulatory 404 of the Clean Water Act or a final accompanied by a permit application, process through the submittal of and sixty (60) calender days if they are Corps determination that a waterbody is wetland delineations which can be subject to regulatory jurisdiction under not. approved by the Corps in an expedited (i) The district engineer’s Sections 9 and 10 of the Rivers and manner (see 33 CFR 325.2(c) for a Habors Act of 1899. Additionally, the determination of completeness and discussion of the expedited review and accuracy of the wetland delineation term includes reverification of expired consideration of delineators submitted jurisdictional determinations and submitted by a certified wetland by certified wetland delineators). delineator will be made in writing and reverification of jurisdictional will consist of: § 333.2 General. determinations where new information has become available that may effect the (A) Request for additional information The WDCP is a training and final determination. or corrections needed for the Corps to certification program for wetland (e) The term certification refers to the make a determination of the accuracy of delineators who submit wetland Corps’ official recognition that an the wetland delineation. delineations to the Crops. The Corps has individual has successfully (B) Acceptance of the wetland developed a training package for use by demonstrated that he or she is capable delineation by the Corps as submitted, the others (e.g., the private sector, the of performing wetland delineations or academic community, States) in the consistent with the current Federal (C) Acceptance with minor current Federal wetland identification wetland delineation methodology in use modifications identified and made by and delineation methodologies. WDCP at the time of certification. the Corps. applicants receive training from sources (f) The term certified wetland (ii) The Corps final acceptance of a utilizing certified wetland delineators delineator means an individual who has certified wetland delineator’s submittal and the current training materials met all prerequisites and testing will represent the wetland delineation developed and provided to them for that requirements of the Corps of Engineers used in making the jurisdictional purpose by the Corps for the WDCP. In wetland delineator certification determination, and will remain valid for addition, the Corps has developed a program. The certified wetland a specified period of time consistent process to certify that wetland delineator is able to submit wetland with corps guidance as provided in the delineators have met certain minimum delineations to the Corps and receive final acceptance document. Resubmittal standards (see § 333.4 below). expedited review and decisions as to the of corrected wetland delineations by Furthermore, the Corps has established completeness and accuracy of the certified wetland delineators after an a process to expedite decisions on delineation. earlier submission has been determined wetland delineators submitted by (g) The term expedited review means to have been incomplete or inaccurate certified delineators (see § 325.2(c)). that, to the maximum extent possible, Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13661 District Engineers will make all (ii) Completed wetland delineation for a period of five (5) years, at which determinations as to the completeness training as set forth in the Corps training time recertification will be necessary. and accuracy of wetland delineations materials developed for the WDCP. submitted by certified wetland (2) The training package will be made § 333.6 Recertification. delineators within thirty (30) calendar available only to training sources for (a) Recertification through the WDCP days of receipt in the case of wetland instruction by a WDCP certified wetland will be required every five (5) years, delineation requests not associated with delineator. unless otherwise required by the Corps. a permit application. (b) Testing: The WDCP involves two WDCP applicants for recertification may (h) The term suspension means the (2) types of tests: a national written test, be expected to complete the testing temporary removal of a wetland and a regional field proacticum. WDCP requirements (written, field, or both, as delineator’s Corps certification, pending applicants meeting all prerequisites will determined by the district) which have a decision by the District Engineer on be scheduled for the written test. A been adopted for the final WDCP. If the whether a certification should be minimum score of 80% will be required Corps adopts use of a new wetland revoked. to successfully complete the written delineation methodology, or events (i) The term revocation means the test. WDCP applicants will be permitted beyond the Corps’ control nullify the removal of a delineator’s certification to retake the written test a maximum of original certification of a wetland with an optional ban on recertification three (3) times, or the field practicum a delineator made by the Corps, for a prescribed revocation period. maximum of two (2) times, unless the recertification may be required at a (j) The term substantial inaccuracies WDCP applicant can provide greater frequency. means non-minor inaccuracies that, in documentation that the required (b) Minor changes in the Corps the District Engineer’s judgment, have training has been repeated since the last wetland delineation policy and/or materially affected the completeness practicum. During the practicum, WDCP procedures will typically not require and accuracy of the delineation and/or applicants will be asked to collect data recertification. The Corps will notify have caused substantial delays to the and document conclusions. A minimum certified individuals of minor District in its review of the delineation. score of 80% on the field test will be modifications by mail. The extent of the Substantial inaccuracies may include, required. WDCP applicants who pass modification will dictate the need for but are not limited to: the inaccurate both the written test and field practicum recertification (e.g, a new wetland application of one or more of the field will receive documentation of delineation manual may require indicators for vegetation, soils, or certification by the applicable Corps recertification while use of a new data hydrology; the failure to follow district. form may not). Once notified, certified appropriate field sampling protocol or (c) Certification. In order to receive wetland delineators will be expected to techniques; the submission of expedited review and consideration by incorporate these modifications into all inaccurate or incomplete data forms; or the Corps, certified wetland delineators future wetland delineations they the reach of erroneous conclusions will be required to submit a copy of submit. Failure to do so maybe grounds about the presence and/or extent of their certification, in addition to other for suspension of an individual’s wetlands at a site. required documentation, to the Corps in certification. (k) The term history of substantial conjunction with each request for a inaccuracies means 2 or more verification of a wetland delineation. § 333.7 Suspension or revocation of certifications. substantial inaccuracies in wetland Wetland delineations conducted in delineations submitted to the Corps by whole or in part by an uncertified (a) A District Engineer may suspend the same certified wetland delineator individual may receive expedited or revoke a delineator’s certification if within the same District, or 3 or more review and consideration if it is the District Engineer determines that the substantial inaccuracies the Corps has reviewed, adopted, and signed by a wetland delineations submitted by the documented in different Districts, with Corps-certified wetland delineator. The certified wetland delineator exhibit a at least one of these inaccuracies certified wetland delineator must state history of substantial inaccuracies. recorded in the District contemplating a that the he or she has personally Revocation will result in removal of an revocation action. reviewed and concurred with the individual from lists provided to the wetland delineation and has found the public, while suspension will not. This § 333.4 Certification process. documentation to be satisfactory. By will ensure that the list of certified (a) Prerequisites: The certification signature and submittal, certified wetland delineators given to the public process is designed to identify those wetland delineators accept does not contain certified wetland individuals who possess the requisite responsibility for the completeness and delineators that repeatedly perform and/ knowledge and skills necessary to accuracy of the wetland delineation, or submit inaccurate wetland conduct and appropriately document and are subject to the suspension or delineations and thus delay, rather than wetland delineations consistent with revocation procedures described in expedite, the Corps acceptance of the current Federal wetland delineation § 333.7, and legal penalties regarding wetland delineations. methodology in use at the time of false information. (b) Procedures—(1) Records. Districts certification. The certification process, will maintain accurate records on all which will be administered by Corps § 333.5 Validity of certifications. substantial inaccuracies identified in district offices, involves two steps: Generally, certifications made wetland delineations submitted by meeting all prerequisites, and passing pursuant to these regulations will be certified wetland delineators. Whenever all tests. valid within the Corps division any District identifies such an (1) The prerequisites will consist of boundaries of the certifying district. inaccuracy, the District will notify the written documentation demonstrating However, due to the unique features of certified wetland delineator and allow that the WDCP applicant has: wetland characteristics in some districts the delineator to write a letter (i) At least two (2) years experience in (e.g., Alaska), Corps divisions may explaining the inaccuracy. Such letter delineating wetlands for any Federal, confine the validity of certain will be maintained in the delineator’s State, or local governments, or the certifications to a district or set of file. If the District discovers that a private sector, and districts. Certifications will remain valid certified wetland delineator has 13662 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules submitted 2 or more substantially delineator by certified mail, return DEPARTMENT OF INTERIOR inaccurate delineations to the District, receipt requested. or 1 substantially inaccurate delineation (6) Notification to other corps National Park Service to the District and 2 or more districts. If the District Engineer’s 36 CFR Part 7 delineations to other Districts, and the decision is to revoke a certification, the Chief of the Regulatory office believes District shall notify all other Corps RIN 1024±AC26 that these inaccuracies warrant Districts that the delineator is no longer revocation, than the Chief of the certified, and the individual’s name will Oregon Caves National Monument; Regulatory office should prepare, with be removed from the list of certified Special Regulations the advice of counsel, a report for the wetland delineators given to the public. AGENCY: National Park Service, Interior. District Engineer substantiating these (c) Revocation period. Revocation ACTION: Proposed rule. inaccuracies along with a periods are measured from the recommendation to revoke the beginning of the suspension. The SUMMARY: The National Park Service delineator’s certification. District Engineer should assign a (NPS) proposes to revise the current (2) Notification. If the District revocation period commensurate with regulation concerning admission to Engineer agrees that revocation may be the seriousness of the causes for Oregon Caves National Monument warranted. The District Engineer shall revocation, but no longer than 2 years. found at 36 CFR 7.49 that prohibits send a letter to the delineator The District Engineer may reduce the access to children under the age of six explaining: length of the revocation period after it years from entering Oregon Caves in (i) That the District Engineer is is assigned, if new information or other Oregon Caves National Monument. This considering whether to revoke the appropriate reasons develop. proposed revision to the existing delineator’s certification. Delineators can apply for recertification regulation would allow children to enter (ii) That the delineator’s certification only after the revocation period has the Caves, regardless of age. The is suspended pending the District ended. existing age restriction is not necessary Engineer’s decision. (d) Scope of revocation. (1) A to provide safe and quality interpretive (iii) The causes for the potential revocation only applies to the tours in the Caves. The effect of this revocation, including the substantial certification of the person who signed proposed revision is to establish a more inaccuracies identified, and the delineations identified as equitable criterion for allowing children (iv) That the delineator has 30 days inaccurate. Thus, a revocation cannot be access to the caves. If necessary, the from receipt of the District Engineer’s imputed to other certified delineator in park will manage access to the Caves letter to send a response letter providing the same consulting firm as a decertified through the Superintendent’s mitigating or extenuating circumstances, delineator. Compendium. or stating a defense against the causes (2) The revocation shall apply DATES: Written comments will be for revocation. nationwide. accepted through May 15, 1995. (3) Delineator response. In the response letter, the delineator should (e) Appeal. A revocation may be ADDRESSES: Comments should be include a complete explanation of any appealed in writing to the Division addressed to: Superintendent, Oregon mitigating or extenuating circumstances Engineer setting forth matters in Caves National Monument, 19000 Caves demonstrating that revocation is extenuation, mitigation, or disagreement Highway, Cave Junction, OR 97523. unwarranted. The delineator should with the revocation. After reviewing FOR FURTHER INFORMATION CONTACT: also provide any defenses to the stated both the appeal letter and the Craig W. Ackerman, Superintendent, causes for revocation, including any administrative record, the Division Oregon Caves National Monument, assertion that he or she may choose to Engineer will reverse the District 19000 Caves Highway, Cave Junction, make that no substantial inaccuracies Engineer’s decision to revoke the OR 97523. delineator’s certification only if the occurred. SUPPLEMENTARY INFORMATION: (4) Review and decision. The District determination is found to be arbitrary or Engineer must consider any certified capricious. The Division Engineer must Background notify both the delineator and the wetland delineator response letter This proposed revision addresses a District Engineer of the decision. Only submitted. If a letter raises any genuine specific management problem involving after the conclusion of this appeal issues of fact, the District Engineer, access to the only public tour route in process may a delineator seek redress in exercising appropriate discretion, may Oregon Caves. The present restriction, Federal court. decide to meet with the delineator to 36 CFR 7.49, states that ‘‘Children under discuss these issues. After considering § 333.8 Maintenance of lists. the age of 6 are not permitted to enter all information gathered by the District the caves.’’ A search of historical The Corps will maintain two (2) lists and submitted by the delineator, the records has failed to find any extensive for the WDCP. The first will be a list of District Engineer should make the discussion of or justification for this individuals within a Division who have decision, based on a preponderance of particular age limit. No other Park been certified by one of its Districts the evidence, as to whether or not to Service cave, open for public tours, has through the final WDCP. The second revoke the delineator’s certification. a similar regulatory limit for general will be the list of training sources (5) Notification of decision to tours. providing the prerequisite training. All delineator. Absent extenuating Employees who give the cave tours or training intended to meet the mandatory circumstances, the District Engineer sell tickets for the tours generally make prerequisite will be conducted by a shall decide whether to revoke a the determination as to whether a child certified wetland delineator as an certification within 30 days of receiving wanting to enter the caves is under six instructor. Both lists will be available to the delineator’s response letter or any years of age. Since most parents do not the public. meeting with the delineator, whichever carry documentation of the age of a is later. A letter stating the District [FR Doc. 95–5873 Filed 3–13–95; 8:45 am] child, verification of age is usually not Engineer’s decision shall be sent to the BILLING CODE 3710±92±M possible. Some parents become upset Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13663 when their children are denied access to Paperwork Reduction Act Oregon Caves unless accompanied by an the Caves. The age limit restriction has This revision does not contain approved National Park Service or been the most common visitor information collection requirements that concessioner employee who has complaint to both park and concession require approval by the Office of successfully completed the training employees over the last few decades. Management and Budget under 44 prescribed by the National Park Service. Denying access to children who can U.S.C. 3501 et. seq. Dated: February 27, 1995. safely travel through the Caves Approved: contradicts one of the management Compliance With Other Laws George T. Frampton, Jr., objectives of Oregon Caves National The Department of Interior has Monument’s General Management Plan, Assistant Secretary for Fish and Wildlife and determined that this document is not a Parks. which is to ‘‘provide quality interpretive major rule under Executive Order 12866 [FR Doc. 95–6242 Filed 3–13–95; 8:45 am] service that increases the visitors’ and certifies that this document will not knowledge, appreciation and enjoyment have a significant economic effect on a BILLING CODE 4310±70±P of the resources at Oregon Caves.’’ substantial number of small entities There appears to be little justification under the Regulatory Flexibility Act (5 for using six years of age in determining U.S.C. 601 et seq.). The economic effects ENVIRONMENTAL PROTECTION who enters the Caves. The width of of this rulemaking are local in nature AGENCY and negligible in scope. tread, number and rise of steps, the 40 CFR Parts 50 and 53 length of the tour, and the height of The National Park Service has railings better determine whether determined that this proposed revision [AD±FRL±5172±4] visitors can safely negotiate the cave will not have a significant effect on the tour. Renovation of the entire trail quality of the human environment, National Ambient Air Quality system, which is being designed with health and safety because it is not Standards for Sulfur Oxides (Sulfur children in mind, is currently in the expected to: Dioxide)ÐReproposal planning stage. This proposed revision (a) Increase public use to the extent of AGENCY: would greatly reduce visitor conflicts by compromising the nature and character U.S. Environmental Protection instituting safety restrictions that are of the area or causing physical damage Agency (U.S. EPA). fair and equitable. If necessary, the park to it; ACTION: Extension of public comment will manage access to the Caves through (b) Introduce non-compatible uses period. the Superintendent’s Compendium. which might compromise the nature and characteristics of the area, or cause SUMMARY: The EPA is announcing the Options Considered physical damage to it; extension of the public comment period (c) Conflict with adjacent ownerships on the proposed rule for the national Other management options or land uses; or ambient air quality standards (NAAQS) considered included leaving the current (d) Cause a nuisance to adjacent for sulfur oxides (sulfur dioxide) and regulation as it is or instituting a fixed owners or occupants. associated changes to the requirements height and/or endurance limit that Based upon this determination, this for Ambient Air Monitoring Reference might soon be out of tune with proposed revision is categorically and Equivalent Methods that were continuing modification of the present excluded from the procedural published on November 15, 1994 (59 FR trail system. The current proposed rule requirements of the National 58958). revision is in accordance with stated Environmental Policy Act (NEPA) by DATES: Written comments must be overall management objectives. Departmental regulations in 516 DM 6, received on or before April 14, 1995. (49 FR 21438). As such, neither an Effects of Revision ADDRESSES: Submit written comments Environmental Assessment nor an on the proposed action on the NAAQS Environmental Impact Statement has This rule revision increases the (40 CFR part 50) (duplicate copies been prepared. opportunity for visitors with young preferred) to Air and Radiation Docket children to enter Oregon Caves. There List of Subjects in 36 CFR Part 13 Information Center (6102), Room M– will be fewer visitor complaints, fewer 1500, U.S. Environmental Protection visitor/NPS confrontations, and fewer National Parks; Reporting and recordkeeping requirements. Agency, Attn: Docket No. A–84–25, 401 disrupted public tours. M Street, SW., Washington, DC 20460. In consideration of the foregoing, it is Comments on the proposed revisions to Public Participation proposed to amend 36 CFR Chapter 1 as the Ambient Air Monitoring Reference follows: The policy of the National Park and Equivalent Methods (40 CFR part Service is, whenever practicable, to PART 7ÐSPECIAL REGULATING, 53) should be separated from those afford the public an opportunity to AREAS OF THE NATIONAL PARK pertaining to the standards and sent to participate in the rulemaking process. SYSTEM the same address, Attn: Docket No. A– Accordingly, interested persons may 94–42. These dockets, containing submit written comments regarding this 1. The authority citation for Part 7 supporting information used in proposed rule to the address noted at continues to read as follows: developing the proposed rule, are the beginning of this rulemaking. Authority: 16 U.S.C. 1, 3, 9a, 460(q), located in the Air and Radiation Docket Drafting Information 462(k); Sec. 7.96 also issued under D.C. Code Information Center of the U.S. 8–137 (1981) and D.C. Code 40–721 (1981). Environmental Protection Agency, The primary authors of this revision 2. Section 7.49 is revised to read as South Conference Center, Room M– are Craig W. Ackerman, Superintendent follows: 1500, 401 M Street, SW., Washington, of Oregon Caves National Monument DC 20460. The dockets may be and Dennis Burnett, Washington Office § 7.49 Oregon Caves National Monument. inspected between 8:30 a.m. and 3:30 of Ranger Activities, National Park (a) Admission to caves. No person, or p.m. on weekdays, and a reasonable fee Service. persons, shall be permitted to enter may be charged for copying. 13664 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules FOR FURTHER INFORMATION CONTACT: Part 40 CFR Part 63 consideration the cost of achieving such 50 Notice—Ms. Susan Lyon Stone, Air emission reduction, any nonair quality, [AD-FRL±5168±8] Quality Strategies and Standards health and environmental impacts, and Division (MD–15), U.S. Environmental RIN 2060±AD95 energy requirements. Protection Agency, Research Triangle DATES: Comments. Comments must be National Emission Standards for Park, NC 27711, telephone (919) 541– received on or before May 30, 1995. Hazardous Air Pollutants; Proposed 1146. Part 53 Notice—Mr. Frank Public Hearing. Anyone requesting a Standards for Hazardous Air Pollutant McElroy, Atmospheric Research and public hearing must contact the EPA no Emissions From the Printing and later than April 13, 1995. If a hearing is Exposure Assessment Laboratory (MD– Publishing Industry 77), U.S. Environmental Protection held, it will take place on April 28, Agency, Research Triangle Park, NC AGENCY: Environmental Protection 1995, beginning at 10 a.m. 27711, telephone (919) 541–2622. Agency (EPA). ADDRESSES: Comments. Comments ACTION: Proposed rule and notice of should be submitted (in duplicate, if SUPPLEMENTARY INFORMATION: In order to public hearing. possible) to: Air and Radiation Docket allow additional time to review the (Mail Code 6102), Attention: Docket No. Proposed Requirements for SUMMARY: The proposed standards A–92–42, U. S. Environmental Implementation Plans and Ambient Air would reduce emissions of hazardous Protection Agency, 401 M Street, SW, Quality Surveillance for SO2 National air pollutants (HAP) from existing and Washington, DC 20460. The EPA Ambient Air Quality Standards (40 CFR new printing operations that are major requests that a separate copy also be parts 51 and 58) before submitting sources of HAP emissions. A major sent to the contact person listed below. comment on the National Ambient Air source is defined in section 112(a) of the The docket is located at the above Quality Standards for Sulfur Oxides Clean Air Act as amended in 1990 (Act) address in room M–1500, Waterside (Sulfur Dioxide)—Reproposal (40 CFR as a source that emits, or has the Mall (ground floor), and may be parts 50 and 53), the EPA is extending potential to emit, considering controls, inspected from 8 a.m. to 5:30 p.m., the public comment period on the 40 10 tons per year (tpy) or more of any Monday through Friday; telephone CFR parts 50 and 53 proposals from individual HAP or 25 tpy or more of any number (202) 260–7548, FAX (202) 260– March 15, 1995 to April 14, 1995. The combination of HAP. Some of these 4400. A reasonable fee may be charged document that proposes for public pollutants are emitted from publication for copying docket materials. Public Hearing. If anyone contacts the comment the requirements for rotogravure and product and packaging rotogravure and wide-web flexographic EPA requesting a public hearing by the implementing the alternative measures required date (see DATES), the hearing and changes in the sulfur dioxide printing. These operations are covered in the proposed rule. In these printing will be held at the EPA Office of ambient air surveillance network will be operations, a variety of HAP are used as Administration Auditorium in Research published in the Federal Register on or solvents and components in inks and Triangle Park, North Carolina. Persons about March 1, 1995. other materials applied by printers. The interested in speaking at a public The comment period extension is also HAP emitted by the facilities covered by hearing should contact Ms. Kim Teal, intended to provide additional this proposed rule include toluene, Coatings and Consumer Products Group, opportunity for members of the medical xylene, ethylbenzene, methanol, methyl (MD–13), U. S. Environmental community who are experts in the field ethyl ketone, methyl isobutyl ketone, Protection Agency, Research Triangle of asthma treatment to provide comment ethylene glycol and glycol ethers. All of Park, North Carolina 27711, telephone on the health significance of the sulfur these pollutants can cause reversible or number (919) 541–5580. Persons dioxide-induced effects. The extended irreversible toxic effects following interested in attending the hearing comment period will also provide exposure. The potential toxic effects should contact Ms. Kim Teal to verify additional time to comment on other include eye, nose, throat and skin that it will be held. Additional Information. For parts of the November 15, 1994 notice irritation; and blood cell, heart, liver information on accessing the U.S. EPA (59 FR 58958). and kidney damage. The proposed rule is estimated to reduce emissions of HAP Technology Transfer Network electronic List of Subjects by 6,700 Mg per year. The emissions bulletin board and obtaining copies of the Proposed Regulatory Text, 40 CFR Part 50 reductions achieved by these standards when combined with the emissions Background Information Document or Air pollution control, Carbon reductions achieved by similar Economic Impact Analysis, please refer to the SUPPLEMENTARY INFORMATION monoxide, Lead, Nitrogen dioxide, standards, will achieve the primary goal section below. Ozone, Particulate matter, Sulfur oxides. of the Clean Air Act, which is to ‘‘enhance the quality of the Nation’s air FOR FURTHER INFORMATION CONTACT: For 40 CFR Part 53 resources so as to promote the public information concerning the proposed health and welfare and the productive regulation, contact Mr. David Salman at Administrative practice and capacity of its population.’’ (919) 541–0859, Coatings and Consumer procedure, Air pollution control, The proposed rule implements Products Group, Emission Standards Reporting and recordkeeping section 112(d) of the Clean Air Act Division (MD–13), U. S. Environmental requirements. Amendments of 1990 (1990 Protection Agency, Research Triangle Dated: March 9, 1995. Amendments), which requires the Park, North Carolina 27711. Mary D. Nichols, Administrator to regulate emissions of SUPPLEMENTARY INFORMATION: Assistant Administrator for Air and HAP listed in section 112(d) of the 1990 Technology Transfer Network. The Radiation. Amendments. The intent of this rule is Technology Transfer Network (TTN) is to protect the public health by requiring one of EPA’s electronic bulletin boards. [FR Doc. 95–6266 Filed 3–13–95; 8:45 am] the maximum degree of reduction in The TTN provides information and BILLING CODE 6560±50±P emissions of HAP from new and technology exchange in various areas of existing major sources, taking into air pollution control. The service is free Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13665 except for the cost of a phone call. Dial V. Rationale for the Proposed Rule of HAP from publication rotogravure (919) 541–5472 for up to a 14,000 bps A. Regulatory Development Process for and product and packaging rotogravure modem. If more information on TTN is NESHAP and wide-web flexographic printing. needed call the HELP line at (919) 541– B. Determining Maximum Achievable The HAP listed in section 112(b)(1) 5384. Control Technology (MACT) ‘‘Floors’’ emitted by printing facilities that would C. Selection of Pollutant and Source be covered by this proposed rule Proposed Regulatory Text. The Category(ies) proposed regulatory text is not included include toluene, xylene, ethylbenzene, D. Selection of Emission Points Covered by methanol, methyl ethyl ketone, methyl in this Federal Register notice, but is the Proposed Rule available in Docket No. A–92–42, or by E. Selection of the Basis for the Proposed isobutyl ketone, ethylene glycol and written or telephone request from the Rule glycol ethers. All of these pollutants can Air and Radiation Docket. This notice F. Selection of the Format of the Proposed cause reversible or irreversible toxic and the proposed regulatory language Rule effects following exposure. The G. Selection of Emission Test Methods and are also available for downloading TTN potential toxic effects include eye, nose, Monitoring Requirements throat and skin irritation; and blood under Clean Air Act, Recently Signed H. Selection of Recordkeeping and Reporting Rules. cell, heart, liver and kidney damage. Requirements These adverse health effects are I. Selection of Compliance Deadlines Background Information Document. associated with a wide range of ambient The Background Information Document J. Operating Permit Program K. Pollution Prevention Considerations concentrations and exposure times and (BID) for the proposed standards may be L. Solicitation of Comments are influenced by source-specific obtained from the docket; the U. S. EPA characteristics such as emission rates VI. Administrative Requirements Library (MD–35), Research Triangle and local meteorological conditions. Park, North Carolina 27711, telephone A. Public Hearing Health impacts are also dependent on number (919) 541–2777; or the National B. Docket C. Executive Order 12866 multiple factors that affect human Technical Information Service (NTIS), variability such as genetics, age, health 5285 Port Royal Road, Springfield, D. Enhancing the Intergovernmental Partnership Under Executive Order status (e.g., the presence of pre-existing Virginia 22161, telephone (703) 487– 12875 disease) and lifestyle. 4650. Please refer to ‘‘National Emission E. Paperwork Reduction Act The proposed standards will reduce Standards for Hazardous Air Pollutants: F. Regulatory Flexibility Act HAP emissions from publication Printing and Publishing Industry— G. Clean Air Act Section 117 rotogravure printing facilities by 4,750 Background Information for Proposed H. Regulatory Review Mg/yr (5,220 tpy) from a baseline level Standards’’ (EPA–453/R–95–002a). The VII. Statutory Authority of 17,500 Mg/yr (19,200 tpy). The BID is also available for downloading on proposed standards will reduce HAP I. Background. the TTN. emissions from product and packaging Economic Impact Analysis. The The proposed rule addresses facilities rotogravure and wide web flexographic Economic Impact Analysis (EIA) for the which apply ink and other materials to printing facilities by 1,940 Mg/yr (2,140 proposed standards may be obtained any substrate, except fabric, using tpy) from a baseline level of 4,200 Mg/ from the docket, the U. S. EPA Library, rotogravure or wide-web flexographic yr (4,620 tpy). or the NTIS. Please refer to ‘‘Economic methods. These facilities print products There are no significant economic Impact Analysis for the Printing and such as magazines, newspapers, impacts associated with the proposed Publishing NESHAP’’ (EPA–452/D–95– supplements, packaging and wallpaper standards. There are no firms or 001). The EIA is also available for on substrates such as paper, plastic, facilities at risk of closure as a result of downloading on the TTN. metal foil, and vinyl. the proposed standards and there will not be a significant economic impact on Preamble Outline. The information A. Regulatory Background and Purpose. a substantial number of small entities. presented in this preamble is organized The Act requires, under section 112, as follows: that EPA evaluate and control emissions B. Common Sense Initiative I. Background of HAP. The control of HAP is to be On October 17, 1994, the achieved through promulgation of A. Regulatory Background and Purpose Administrator established the Common B. Common Sense Initiative emission standards under sections Sense Initiative (CSI) Council in 112(d) and (f), and of work practice accordance with the Federal Advisory II. Summary of the Proposed Rule standards under section 112(h) where Committee Act (U.S.C. App. 2, Section A. Applicability appropriate, for categories of sources 9(c)) requirements. The CSI addresses B. Proposed Standards for Affected Sources that emit HAP. Pursuant to section six industrial sectors. The Printing and C. Compliance Dates 112(c) of the Act, EPA published in the Publishing industry is one of these D. Compliance Extensions Federal Register the initial list of source sectors. E. Compliance Testing and Monitoring categories that emit HAP on July 16, F. Reporting and Recordkeeping The following are the six elements of Requirements. 1992 (57 FR 31576). This list includes the CSI program, as stated in the major and area sources of HAP for ‘‘Advisory Committee Charter.’’ III. Summary of Environmental, Energy, and which the EPA intends to issue 1. Regulation. Review existing Economic Impacts of the Proposed Rule regulations between November 1992 regulations for opportunities to get A. Emission Reductions and November 2000. better environmental results at less cost. B. Secondary Environmental Impacts The Act was created, in part, ‘‘to Improve new rules through increased C. Energy Impacts protect and enhance the quality of the coordination. D. Cost Impacts Nation’s air resources so as to promote 2. Pollution Prevention. Actively E. Economic Impacts the public health and welfare and the promote pollution prevention as the IV. Process Descriptions and Control productive capacity of its population’’ standard business practice and a central Technologies (the Act, section 101(b)(1)). As such, ethic of environmental protection. A. Process Descriptions this proposed regulation would protect 3. Recordkeeping and Reporting. B. Control Techniques the public health by reducing emissions Make it easier to provide, use, and 13666 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules publicly disseminate relevant pollution authorities had the opportunity to Included in the proposed rule are and environmental information. comment on draft versions of the methods for determining initial 4. Compliance and Enforcement. Find proposed regulation and to provide compliance as well as monitoring, innovative ways to assist companies additional information. Two trade recordkeeping, and reporting that seek to comply and exceed legal organizations provided extensive requirements. All of these components requirements while consistently comments; these comments were are necessary to ensure that sources will enforcing the law for those that do not considered, and in some cases, today’s comply with the standards both initially achieve compliance. proposed standards reflect these and over time. However, the EPA has 5. Permitting. Improve permitting so comments. Of major concern to industry made every effort to simplify the that it works more efficiently, were the opportunity to comply through requirements in the rule. The Agency encourages innovation, and creates pollution prevention by using low HAP has also attempted to maintain more opportunities for public content materials. consistency with existing regulations, or participation. The regulation allows sources 6. Environmental Technology. Give flexibility to select from various options referencing the applicable sections, industry the incentives and flexibility to for compliance. Sources may reduce depending on which method would be develop innovative technologies that HAP usage and emissions through least confusing for a given situation. meet and exceed environmental conversions to waterborne, lower HAP Representatives from other interested standards while cutting costs. solvent-borne or ultraviolet/electron EPA offices and programs, as well as The Agency intends to work with the beam cure materials. Alternatively, representatives from State regulatory Printing CSI sector team and consider sources may install or upgrade existing agencies are included in the regulatory its consensus recommendations capture and control devices to meet the development process as members of the concerning the proposed standards. proposed standard. Finally sources have Work Group. The Work Group must Even though the data collection and the option to comply by a combination review and concur with the regulation analysis efforts for the proposed of lower HAP materials and capture and before proposal and promulgation. standards were completed before the control. Facilities may select the most Therefore, the EPA believes that the CSI program was announced, many cost-effective option based on facility implications to other EPA offices and aspects of the CSI are reflected in the specific considerations. programs have been adequately proposed standards. The proposed standards give existing considered during the development of The alternatives considered in the facilities 3 years from the date of these standards. development of this regulation, promulgation to comply. This is the including those alternatives selected as maximum amount of time allowed II. Summary of the Proposed Rule standards for new and existing printing under the Clean Air Act. This timeframe facilities are based on process and will provide the greatest opportunity for Table 1 provides an overview of the emissions data received from over 600 developing and adopting low HAP proposed rule, including applicability; printing facilities. The EPA met with content materials, and provide sufficient the standards for each affected source; industry and trade groups on numerous time for facilities that choose to install test methods and procedures; and occasions to discuss these data. In or upgrade capture and control monitoring, recordkeeping, and addition, facilities and State regulatory equipment. reporting requirements. TABLE 1.ÐSUMMARY OF SUBPART KK OF 40 CFR PART 63ÐNATIONAL EMISSION STANDARDS FOR THE PRINTING AND PUBLISHING INDUSTRY Affected source and requirement Description Printing and Publishing Industry: Applicability ...... This rule applies to facilities engaged in rotogravure and wide-web flexographic printing that are major sources as defined in 40 CFR part 63. (63.821). Estimated Number of Facili- Approximately 200 facilities are expected to be affected by the rule. Applicable SIC codes include 2295, ties. 2392, 2647, 2649, 2651, 2671, 2673, 2674, 2711, 2721, 2754, 2759, 3497, and 3996. Permit Requirements ...... Major sources are required to obtain operating permits in State where facility is located according to 40 CFR part 70 and applicable State regulations. (63.821(d)). All Affected Sources: Standards ...... Comply with §§ 63.4 through 63.6 of the General Provisions of 40 CFR part 63, subpart A, except for § 63.6(h). (63.823). Compliance Dates ...... Within three years of the effective date for existing sources and upon startup for new sources. (63.826). Test Methods and Proce- See individual affected sources. dures. Monitoring Requirements ...... See individual affected sources. Recordkeeping Requirements Comply with § 63.10(b) and (c) of the General Provisions. (63.829). Reporting Requirements ...... Initial notification, notification of performance tests, notification of compliance status, performance test re- ports, startup, shutdown and malfunction reports, summary reports, and HAP use reports as described in §§ 63.9±63.10. (63.830). Publication Rotogravure Facilities: Standards ...... Control of 92 percent of organic HAP or equivalent. (Organic HAP emissions limited to no greater than 8 percent of the mass of volatile matter, including water, used on a plantwide basis.) (63.824(b)). Performance Test Period and 1. Test Period. Each and every month. (63.824(b)). Tests. 2. Performance Test. Initial performance test for all control devices to demonstrate compliance with overall control efficiency requirement. (63.824(b)) Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13667 TABLE 1.ÐSUMMARY OF SUBPART KK OF 40 CFR PART 63ÐNATIONAL EMISSION STANDARDS FOR THE PRINTING AND PUBLISHING INDUSTRYÐContinued Affected source and requirement Description Test Methods and Proce- 1. Organic HAP content determination. (63.827(b)(1)). dures. 2. Volatile matter content determination. (63.827(c)(1)). 3. Overall control efficiency using liquid-liquid mass balance for solvent recovery systems. (63.824(b)(1)(i). 4. Overall control efficiency determination using capture efficiency test with continuous emission monitors. (63.824(b)(1)(ii) and 63.824(b)(2)(ii)). 5. Overall control efficiency determination using capture efficiency test and incinerator destruction efficiency test. (63.824(b)(2)(i). Monitoring Requirements ...... 1. Hourly recording of flow rate from press to control device. (63.828(a)(1). 2. Quarterly audit of continuous emission monitors. (63.828(a)(2)(i)). 3. Monitoring of capture system operating parameter. (63.828(a)(5)). Product and Packaging Roto- gravure Presses and Wide-web Flexographic Presses, or Groups of Presses Controlled by a Common Solvent Recov- ery System: Standards ...... Control of 95 percent of organic HAP, or organic HAP emissions limited to no greater than 0.20 kg HAP per kg of solids applied, for each press, or group of presses controlled by a common solvent recovery sys- tem, or organic HAP emissions limited to no greater than 0.04 kg HAP per kg inks and other materials applied, for each press. (63.825(b)). Performance Test Period and 1. Test Period. Tests. Uncontrolled Presses. Each and every month. Presses controlled with solvent recovery systems. Each and every month. Presses controlled with incinerators monitoring operating parameters. Every three hour period. Presses controlled with incinerators using continuous emissions monitors. Each and every month. (63.825(b) and (c)). 2. Performance Test. Initial performance test for all control devices to demonstrate compliance with organic HAP emission rate. (63.825(g) and (h)). Test Methods and Proce- 1. Organic HAP content determination. (63.827(b)(2)). dures. 2. Volatile matter and solids content determination. (63.827(c)(2)). 3. Overall control efficiency using liquid-liquid mass balance for solvent recovery systems. (63.825(g). 4. Overall control efficiency determination using capture efficiency test with continuous emission monitors. (63.825(g)(2) and 63.825(h)(2)). 5. Overall control efficiency determination using capture efficiency test and incinerator destruction efficiency test. (63.825(h)). Monitoring Requirements ...... 1. Hourly recording of flow rate from press to control device. (63.828(a)(1)). 2. Quarterly audit of continuous emission monitors. (63.828(a)(2)(i)). 3. Quarterly calibration of incinerator monitoring thermocouple(s). (63.828(2)(ii)). 4. Operation of continuous emission monitors. (63.828(a)(3)). 5. Measurement of incinerator operating parameters. (63.828(a)(4)). 6. Monitoring of capture system operating parameter. (63.828(a)(5)). A. Applicability they are collocated with production of this product is viable, the EPA lines. believes that additional activities are The proposed rule would apply to The proposed rule uses the definition likely to be beyond the research phase. each new and existing publication of research and laboratory facilities from As noted in § 63.821(a)(1), the rotogravure or product and packaging section 112(c)(7) of the Act. This section proposed printing and publishing rule rotogravure and wide web flexographic provides that ‘‘research or laboratory would apply to facilities that are major printing facility that is a major source, facility’’ means any stationary source sources as defined in 40 CFR 63.2. An as defined under section 112(a) of the whose primary purpose is to conduct important consideration in the Act. A major source is one that emits or research and development into new definition of ‘‘major source’’ is a given has the potential to emit, considering processes and products, where such plant site’s ‘‘potential to emit.’’ The controls, 9.1 Mg/yr (10 tons/yr) or more source is operated under the close ‘‘potential to emit’’ is defined in 40 CFR of any one HAP or 22.7 Mg/yr (25 tons/ supervision of technically trained 63.2 as follows: ‘‘ ‘Potential to emit’ yr) of any combination of HAP for all personnel and is not engaged in the means the maximum capacity of a activities conducted at the facility. manufacture of products for commercial stationary source to emit a pollutant Publication rotogravure and product sale in commerce, except in a de under its physical and operational and packaging rotogravure and wide minimis manner. design. Any physical or operational web flexographic printing operations at Research activities include those limitation on the capacity of the any major source that conducts other activities that are employed to develop stationary source to emit a pollutant, work would be subject to the proposed a new rotogravure or flexographic ink, including air pollution control standards, regardless of the relative coating or other material; a new equipment and restrictions on hours of proportion of printing and non-printing substrate or end product; and may also operation or on the type or amount of work at the facility. Research or include activities devoted to optimizing material combusted, stored, or laboratory facilities are not subject to the manufacture of the product. Once a processed, shall be treated as part of its the provisions of the standards unless facility determines that the manufacture design if the limitation or the effect it 13668 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules would have on emissions is Federally adding language to the final rule that Affected Sources enforceable.’’ would provide a mechanism for such The proposed rule would limit A key aspect of the potential to emit sources. The EPA requests comment on: organic HAP emissions that result from definition is that restrictions must be (1) Whether such language should be publication rotogravure and product Federally enforceable. Examples of added; (2) the type of reporting and and packaging rotogravure and wide- restrictions that would be considered process required to establish the case- web flexographic printing. The standard Federally enforceable are listed in a by-case commitment (in particular, how applies to HAP present in inks, ink definition in 40 CFR 63.2. to establish throughput and content extenders, solvents, coatings, varnishes, The EPA believes that there are limitations and performance criteria for printing and publishing facilities whose primers, adhesives, and other materials the capture and control equipment that applied with rotogravure and actual emissions of HAP are would ensure area source status); and substantially less than ‘‘major’’ amounts flexographic plates. Printed items (3) the types of records that should be (i.e., more than 10 tons per year of any include magazines, advertising inserts, maintained to document compliance single HAP, or more than 25 tons per catalogs, flexible packaging, corrugated with the restrictions. In addition, the year from the sum of all HAP emitted). boxes, paper towels, newspapers, wall Many of these facilities, however, would EPA requests comment on whether the coverings, floor coverings, shower be considered ‘‘major sources’’ that are level of recordkeeping and reporting curtains, etc. subject to the proposed rule because should vary, depending on the level of Sources in the publication rotogravure there is no Federally enforceable emissions (as reflected by the segment of the printing and publishing restriction in place that limits their throughput and content of the materials industry include but are not limited to potential to emit HAP. The EPA believes used, and performance of the capture ink and solvent storage tanks, ink that the this rule should provide a and control equipment). mixing, printing, press and parts mechanism for such facilities to accept In general, rotogravure and wide web cleaning, proof and production presses and document such restrictions. flexographic printing facilities are and solvent recovery. Sources in the The EPA proposes, in § 63.821(a)(2) covered by the SIC codes listed in Table product/package rotogravure and wide- through (3) of the proposed rule, that if 2. However, facilities classified under web flexography segments include the owners or operators commit to using no other SIC codes may be subject to the printing presses. Various organic HAP are used in the more than 9.1 Mg (10 tons) per 12 proposed standards if the facility meets printing industry. Organic HAP used month period of each HAP and less than the definition of a major source and include toluene, xylene, ethylbenzene, 22.7 Mg (25 tons) per 12 month period conducts rotogravure or wide web methyl ethyl ketone, methyl isobutyl of any combination of HAP at the entire flexographic printing. facility, including materials used for ketone, methanol, hexane, dibutylphthalate, toluene diisocyanate, source categories or purposes other than TABLE 2.ÐROTOGRAVURE AND WIDE printing and publishing, then the ethylene glycol and glycol ethers. These WEB FLEXOGRAPHIC PRINTING SIC facility can be considered an area are the HAP expected to be emitted by source. Each facility for which the CODES the industry, however, the proposed owner or operator commits to the standards apply to emissions of all SIC organic HAP listed in section 112(b). criteria stated in § 63.821(a)(2) would be Code Description subject only to the recordkeeping B. Proposed Standards for Affected provisions in § 63.829(d) and the 2295 Vinyl Coated or Laminated Fabric. Sources reporting provisions in § 63.830(d) of 2392 House Furnishings, including Shower this subpart as long as the commitment Curtains. In addition to the standards for is met for each 12 month period. If the 2647 Sanitary Paper Products. affected sources as discussed below, the commitment is not met for any 12 2649 Wallcoverings. affected sources would be subject to the month period then the facility would be 2651 Folding Paperboard Boxes. General Provisions which were in violation of its commitment and 2671 Coated and Laminated Paper and promulgated in the Federal Register would be considered a major source of Plastic Film for Packaging. March 16, 1994 (59 FR 12408) under 40 HAP beginning the first month after the 2673 Plastic Bags and Liners, Coated and CFR part 63, subpart A. The General end of the first 12 month period in Laminated. Provisions stipulate that all affected which either of the HAP use thresholds 2674 Uncoated Paper Bags and Sacks and sources subject to the proposed rule are was exceeded. As a major source of Multiwall Shipping Sacks and Bags. also subject to, as appropriate, 40 CFR HAP, each such facility would be 2711 Newspapers. 63.4, 63.5, and 63.6. subject to the provisions of this subpart 2721 Periodicals. The proposed rule requires each as noted in § 63.821(a)(1) and would no 2754 Commercial Printing, Gravure. owner or operator who uses a control longer be eligible to use the provisions 2759 Commercial Printing, NEC. device or equipment to control HAP of § 63.821(a)(2). 3497 Laminated Aluminum Foil, Flexible emissions to prepare an operation and The EPA believes that there are Packaging. maintenance plan in accordance with sources using more than 10 tons of an 3996 Hard Surface Floor Coverings. § 63.6. In addition to the information individual HAP or more than 25 tons of required in § 63.6, the proposed rule total HAP per 12 month period that may Based on information obtained requires that the owner or operator of emit less than ‘‘major’’ amounts (e.g., through an information collection the control device or equipment include sources using capture and control request and information provided by the the following information: (1) The equipment that reduces HAP Gravure Association of America (GAA), operation and maintenance criteria for emissions), and for which the owner or there are an estimated 200 facilities that each air pollution control device or operator may be willing to accept case- will be subject to the proposed equipment, including a standardized by-case operating restrictions that standards. The combined HAP checklist to document the operation and would ensure that the potential to emit emissions from these facilities are maintenance of the equipment; (2) a does not exceed the major source estimated to be over 21,800 Mg/yr systematic procedure for identifying threshold. The EPA is considering (24,000 tpy). malfunctions and for reporting them Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13669 immediately to supervisory personnel; emitted is less than 8 percent of the total C. Compliance Dates and (3) procedures to be followed to volatile matter.) The proposed rule would require all ensure that equipment or process Compliance with the proposed existing sources to comply no later than malfunctions due to poor maintenance standard would be demonstrated by a three years after the effective date of the or other preventable conditions do not monthly mass balance when a solvent standards. In addition, the proposed occur. recovery system is used. Compliance for rule adopts the compliance dates The General Provisions also state that control devices other than solvent specified in § 63.6(b) and § 63.6(c). New an owner or operator who uses an air recovery systems would be shown on a sources must comply with the standard pollution control device or equipment continuous basis based on a specific upon startup or the effective date of this not listed in the proposed rule must operating parameter or parameters, such regulation, whichever is later. submit to the Administrator for as temperature for incinerators. D. Compliance Extensions approval a description of the device, test 2. Package and Product Rotogravure and data verifying the performance of the Wide-web Flexographic Presses Because of the length of time device or equipment for HAP and/or necessary to properly specify, order and The proposed standards for package VOC emissions, appropriate operating install additional capture and control and product rotogravure and wide-web parameters that would be monitored to equipment some existing facilities may flexographic presses would apply to all establish compliance with the proposed need to request a compliance extension. new and existing affected sources. The standards, and a copy of the inspection Similarly, some existing facilities proposed standards allow the use of low and maintenance plan required under choosing to adapt to lower HAP ink HAP materials, control devices, or a § 63.6. The authority to approve an (and other press material) formulations combination of low HAP materials and alternate air pollution control device is may have to select and test substitutes control devices. Presses applying any retained by the Administrator and is not for a large number of specific combination of inks, coatings, primers, delegated. applications. These existing facilities adhesives, solvents, extenders and other may need to request a compliance Finally, § 63.6(g) allows an owner or materials such that the monthly mass operator of an affected source to use extension. weighted organic HAP contents of these Section 63.6(i) of 40 CFR part 63 alternative means of compliance. This materials is equal to or less than 0.20 kg allows the development and use of new provides the requirements for requesting per kg of solids applied, or equal to or an extension of compliance with a technology not known or not less than 0.04 kg per kg of materials demonstrated at the time the rule was relevant standard established under part applied would be in compliance. The 63. Specifically, § 63.6(i)(4) allows the promulgated. proposed standards allow the use of The affected sources for the proposed issuance of a permit granting an control devices, provided that each extension of up to one year to comply standards are defined as follows: (1) control device used for the control of with the standard, if such additional Each publication rotogravure facility (all HAP achieves an overall control period is necessary for the installation publication rotogravure presses plus all efficiency, taking into account capture of controls. Section 63.6(i)(4)(i)(B) associated operations including but not and control device efficiency of 95 requires requests for compliance limited to ink and solvent storage tanks, percent. Presses would also be allowed extensions to be submitted no later than ink mixing, printing, press and parts to comply with the proposed standards 12 months before the affected source’s cleaning, proof and production presses by using control systems provided that compliance date. and solvent recovery); and (2) each the HAP emissions are equal to or less product or packaging rotogravure or than 0.20 kg per kg of solids applied. In E. Compliance Testing and Monitoring wide-web flexographic press or group of cases where a solvent recovery system is In addition to the specific testing and presses controlled by a common solvent used to control emissions from more monitoring requirements specified recovery system. The following than one press, the group of commonly below for each affected source, the paragraphs summarize the proposed controlled presses can be considered a proposed rule adopts the testing standards for each affected source. single affected source for the purpose of requirements specified in § 63.7. 1. Publication Rotogravure Presses complying with the overall control device efficiency standard or the overall 1. Test Methods and Procedures The proposed standards for organic HAP emission rate standard. a. Publication Rotogravure. For publication rotogravure facilities would Compliance with the proposed facilities using solvent recovery apply to all new and existing affected standard would be demonstrated either systems, the overall control efficiency sources. The proposed standards allow by a monthly mass balance or through would be determined using a mass the use of control devices provided each the use of continuous emission monitors balance over the period of each calendar facility achieves an overall control when a solvent recovery system is used. month. Owners or operators would be efficiency, taking into account capture Compliance for control devices other required to measure the amount of all and control device efficiency of 92 than solvent recovery systems would be materials used during the month and to percent, when the organic HAP content shown on a continuous basis based on determine the organic HAP and volatile of solvent borne inks and other a specific operating parameter or matter content of these materials. materials used is equivalent to the parameters, such as temperature for Owners or operators would also be volatile matter content. When non-HAP incinerators. Compliance with the required to measure the amount of VOC or water is present in the inks or proposed organic HAP content level volatile matter recovered by the solvent other materials applied, each control standards would be shown on a recovery system during the month and device must achieve a control efficiency monthly basis for compliant materials. to calculate the overall HAP control such that the sum of the organic HAP Sources demonstrating compliance by a efficiency. The organic HAP content recovered or destroyed, plus the water combination of means would would be determined by proposed EPA used, plus the VOC used, minus the demonstrate control device efficiency as Method 311, or from manufacturers data organic HAP used makes up a minimum described above and demonstrate mass when these data are equivalent to those of 92 percent of the sum of the VOC average organic HAP content on a obtained from proposed EPA Method used plus the water used. (Organic HAP monthly basis. 311. When it is not possible to 13670 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules determine the organic HAP content to application, then the total organic calendar month. The owner or operator using proposed EPA Method 311, the HAP fractions and mass must be must verify the presence of a permanent owner or operator shall submit to the adjusted appropriately to account for total enclosure using Procedure T, or Administrator an alternative technique such additions. These values would be determine the capture efficiency using for determining the organic HAP required for each monthly period; the protocol specified in 40 CFR content. The volatile matter content of however, only changes in formulation 52.741(a)(4)(iii). The overall organic the materials used shall be determined would require re-determination of total HAP control efficiency must be by manufacturers formulation data or by organic HAP weight fraction. The calculated as the product of the capture Method 24A of 40 CFR part 60, proposed standards would then require efficiency and the carbon adsorber appendix A. the owner or operator to calculate the efficiency. For facilities using incinerators, average mass of organic HAP in For control devices other than carbon owners or operators must determine the materials applied per mass of solids adsorbers, the overall control efficiency incinerator destruction efficiency and applied. would be based on capture efficiency the capture efficiency. Incinerator If an owner or operator is seeking to and destruction efficiency. Capture destruction efficiency would be comply by using materials with a efficiency would be determined based determined using EPA Method 1 or 1A, weighted average HAP content below on the procedure specified in 40 CFR EPA Method 2, 2A, 2C or 2D, EPA the organic HAP content threshold 52.741(a)(4)(iii), unless the operation is Methods 3 and 4, and EPA Method 25 requirement or the low solids organic performed within a permanent total or 25A of 40 CFR part 60, appendix A. HAP threshold requirement, the owner enclosure. An enclosure that meets the Capture efficiency would be confirmed or operator would need to determine the requirements of a permanent total using Procedure T to verify the presence organic HAP content and solids content. enclosure as specified by Procedure T of of a permanent total enclosure or If no changes in formulation as applied 40 CFR 52.741 would have a capture determined using the capture efficiency occurred, then a re-calculation of the efficiency of 100 percent. protocol specified in 40 CFR 52.741 organic HAP level would not be The destruction efficiency of a control (a)(4)(iii). required. device other than a carbon adsorber b. Package and Product Rotogravure If a control device is used, the would be determined using EPA and Wide-web Flexography. Owners or proposed standards require the owner or Method 1 or 1A, EPA Method 2, 2A, 2C operators may comply by means of use operator to demonstrate compliance or 2D, EPA Methods 3 and 4, and EPA of materials meeting the organic HAP with the overall control efficiency Method 25 or 25A of 40 CFR part 60, threshold requirements or through use requirement of at least 95 percent. appendix A. The owner or operator of control equipment, or through a Alternately, the owner or operator may would record such process conditions combination of low organic HAP determine the overall control efficiency as may be necessary to determine the materials and control equipment. The of the equipment and the HAP content conditions of the performance test. proposed standards for organic HAP and solids content of the materials To determine the value of an emissions would require compliance applied. To comply by this combination incinerator operating parameter that with an organic HAP content threshold of means, the owner or operator would will demonstrate continuing based on solids content (kg of organic have to demonstrate a HAP emissions compliance, the time weighted average HAP per kg of solids applied), an limitation of 0.20 kg HAP per kg of of the values recorded during the organic HAP threshold based on solids applied. performance test shall be computed. For material (kg of organic HAP per kg of For a solvent recovery system, overall a thermal incinerator, the owner or materials applied), an overall organic control efficiency would be determined operator shall establish as the operating HAP control efficiency (percent), or an using a liquid-liquid mass balance, or by parameter the minimum combustion organic HAP emission rate (kg of conducting an initial performance test temperature. For a catalytic incinerator, organic HAP emitted per kg of solids of capture efficiency and using the owner or operator shall establish as applied). continuous emissions monitors. The the operating parameters the minimum The organic HAP content of inks, liquid-liquid mass balance gas temperatures both upstream and coatings, primers, adhesives, solvents determination would be made every downstream of the catalyst bed. These and other materials applied on the press month. Owners or operators would be minimum temperatures are the would be determined by proposed EPA required to measure the amount of all operating parameters used to Method 311, or from manufacturers data materials applied during the month and demonstrate continuing compliance. when these data are equivalent to those to determine the volatile matter content The affected source is in compliance obtained from proposed EPA Method of these materials. Owners or operators if the overall HAP control efficiency is 311. When it is not possible to measuring overall control efficiency at least 95 percent. Alternately, the determine the organic HAP content using a liquid-liquid mass balance source can comply on the basis of HAP using proposed EPA Method 311, the would also be required to measure the emission limitation. The facility would owner or operator shall submit to the amount of volatile matter recovered by be required to determine the organic Administrator an alternative technique the solvent recovery system during the HAP content and solids content of inks, for determining the organic HAP month and to calculate the overall HAP coatings, primers, adhesives, solvents content. control efficiency. and other materials applied on the The facility may rely on Owners or operators using solvent press. The mass of each ink, coating, manufacturer’s data to determine the recovery systems may also demonstrate primer, adhesive, solvent and other organic HAP content when these data compliance by conducting an initial material applied would be determined are equivalent to those obtained from performance test of capture efficiency using company records. If diluent proposed EPA Method 311. The mass of and operating continuous emissions solvents or other ingredients are added each ink, coating, primer, adhesive, monitors to determine the total volatile to a material prior to application, then solvent and other material applied matter content at both the inlet to and the total organic HAP content, solids would be determined using company the outlet from the carbon adsorber such content and mass must be adjusted records. If diluent solvents or other that the percent efficiency of the carbon appropriately to account for such ingredients are added to a material prior adsorber can be calculated for each additions. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13671 The organic HAP content would be operated according to manufacturer’s certifications certify whether determined from proposed EPA Method specifications. compliance has been continuous or 311 or, when this is not possible the The proposed standards would intermittent. Enhanced monitoring shall owner or operator shall submit to the require each owner or operator to be capable of detecting deviations from Administrator, an alternative technique establish a range of values for each of each applicable emission limitations or for determining the organic HAP these monitored parameters during the standard with sufficient content. Manufacturer’s formulation initial performance test. As long as the representativeness, accuracy, precision, data may be used provided that the data control device is operated within the reliability, frequency, and timeliness to are equivalent to those obtained using established ranges, the proposed determine if compliance is continuous proposed EPA Method 311. The volatile emission standards are considered to be during a reporting period. The matter and solids content of the met. Consequently, exceedances of these monitoring in this regulation satisfies materials used shall be determined by parameters would be considered a the requirements of enhanced manufacturers formulation data or by violation of the standards since monitoring. Method 24 of 40 CFR part 60, appendix operating the control device outside of F. Recordkeeping and Reporting A. the established ranges may reduce the These values would be required for efficiency of the control device. Requirements each monthly period. The proposed Owners or operators of publication The proposed rule proposes to adopt standards would then require the owner rotogravure sources operating solvent the requirements contained in 40 CFR or operator to calculate the average mass recovery systems would be required to 63.9 and 40 CFR 63.10. The proposed of organic HAP in materials applied per conduct monthly mass balances as rule, however, contains additional or mass of solids applied. The overall described in the section II.E.1 of the clarifying elements and changes certain control efficiency as determined above preamble. Owners or operators of other time periods allowed for submitting or would be used to determine the HAP sources operating solvent recovery responding to certain reports and emission limitation. To comply by this systems would be required either to requests required in § 63.10. These combination of means, the owner or conduct monthly mass balances as elements and changes are summarized operator would have to demonstrate a described in the previous section or to below for each of the operations for HAP emissions limitation of 0.20 kg operate continuous emission monitors. which standards are being proposed. The continuous emission monitors HAP per kg of solids applied. 1. Recordkeeping Requirements would be used to determine the total 2. Monitoring Requirements volatile matter concentration at both the a. Publication Rotogravure. Records Monitoring is required by the inlet to and the outlet from the carbon must be maintained of the organic HAP proposed standards to determine adsorber, such that the percent and volatile matter content, as received, whether a source is in compliance. For efficiency of the carbon adsorber can be and the monthly usage of all inks, owners or operators using thermal or calculated for each calendar month. solvents, varnishes, adhesives and other catalytic incinerators, this can be Owners or operators of package or materials applied on publication accomplished by measuring site-specific product rotogravure or flexographic rotogravure presses. Where incinerators operating parameters, the values of printing facilities complying by means are used, records must be maintained of which are established by the owner or of use of materials meeting the the overall control efficiency and all test operator during the initial compliance applicable HAP content threshold results, data, and calculations used in test. The operating parameter value is standards would demonstrate determining the overall control defined as the minimum or maximum compliance through recordkeeping as efficiency. value established for a control device or described in section II.E.1 of the Where solvent recovery systems are process parameter that, if achieved by preamble. used, records must be maintained of the itself or in combination with other Under 40 CFR 63.6(g), an owner or overall control efficiency, all test operating parameter values, determines operator of an affected source may results, data, and calculations used in that an owner or operator is complying request the use of alternative methods of determining the overall control with the applicable emission limitation emission reduction for complying with efficiency, and the monthly material or standards. This type of monitoring design, equipment, work practice, or balances used to demonstrate would be required for those emission operational emission standards, or compliance. points for which the standards are combination thereof, established under b. Packaging and Product Rotogravure expressed as a percent control, or for this part. Under the proposed rule, an and Wide-web Flexography. Records affected sources using control devices to owner or operator of an affected source must be maintained of the organic HAP, achieve an organic HAP emission limit. may also use control devices other than volatile matter and solids content, as In addition, the owner or operator is those specifically identified in the received, and the monthly usage of all expected to install and operate the proposed rule as a means for achieving inks, solvents, varnishes, primers, monitoring equipment properly. compliance with any portion of the rule. adhesives and other materials applied The proposed rule would require If devices other than those identified are on packaging and product rotogravure temperature to be monitored, using a used, the proposed standards would presses and wide-web flexographic continuous recorder, for incinerators. require the owner or operator to submit presses. Each owner or operator would For catalytic incinerators, temperature the parameters to be monitored to the be required to keep records of the monitors would be placed immediately Administrator for approval. The equipment monitoring parameter before and after the catalyst bed. For authority to approve the use of alternate measurements specified in the proposed other incinerators, the temperature control devices and the parameters to be rule. For an incinerator other than a monitor would be placed in the firebox monitored is retained by the catalytic incinerator, continuous records or in the ductwork immediately Administrator and is not delegated. must be maintained of the firebox downstream of the firebox and before Section 114(a)(3) of the Act requires temperature (or temperature in the any substantial heat exchange occurs. enhanced monitoring and compliance ductwork immediately downstream of All monitoring equipment would be certifications of all major stationary the firebox). For a catalytic incinerator, installed, calibrated, maintained, and sources. The annual compliance continuous records must be maintained 13672 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules of the gas stream temperature semiannual reports would be required If incinerators are used, semiannual immediately before and after the that contain information on all months reports would be required that contain catalyst bed. For both types of when the material balances were not in information on all days when any 3- incinerators, records must be compliance with the standards. hour average temperature was below the maintained of the overall control If incinerators are used, semiannual average temperature established during efficiency and all test results, data, and reports would be required that contain the most recent performance test during calculations used in determining the information on all days when any 3- which compliance was demonstrated. overall control efficiency. hour average temperature was below the The first three hour period will For carbon adsorbers, records must be average temperature established during commence when the affected source maintained of the overall control the most recent performance test during begins operation or restarts following a efficiency, all test results, data, and which compliance was demonstrated. shutdown period. Subsequent three calculations used in determining the The first three hour period will overall control efficiency. hour periods commence every three commence when the affected source hours of operation. When an affected begins operation or restarts following a 2. Reporting Requirements source shuts down during a three hour shutdown period. Subsequent three period, the average temperature for the The proposed rule would require four hour periods commence every three basic types of reports: (1) Initial hours of operation. When an affected period between the commencement of notification, (2) notification of source shuts down during a three hour the three hour period and shut down compliance status, (3) periodic reports, period, the average temperature for the would be used for the purpose of and (4) other reports. In addition, the period between the commencement of compliance demonstration. proposed rule would require that the the three hour period and shut down If solvent recovery systems are used, results of any performance test required would be used for the purpose of and the owner or operator chooses to under § 63.7 be reported no later than 60 compliance demonstration. days after the completion of the test. A demonstrate compliance by means of a permit application as required under 40 If incinerators are used, or if solvent liquid-liquid mass balance, semiannual CFR part 70 may be used in lieu of the recovery systems are used but liquid- reports would be required that contain initial notification provided the same liquid material balances are not information on all months when the information is contained in the permit conducted, semi-annual reports would material balances were not in application as required for the initial be required that contain information on compliance with the standards. all days when for any three hour period, notification. Owners or operators of affected As stated above, the proposed the average value of the site-specific operating parameter used to monitor sources complying with the HAP standards adopt the reporting emission limitation using a combination requirements contained in § 63.9(a) capture system performance was greater than or less than (as appropriate) the on control devices and low HAP through § 63.9(e) and § 63.9(h) through materials would be required to submit § 63.9(j) and 63.10 (a), (b), (d), and (f). operating parameter value established semiannual reports containing However, the time period allowed for for the capture system. information on control device the Administrator to notify the owner or If a semiannual report is required for operator in writing of approval or the period covered by the first exceedances as described above, in disapproval of the request for an semiannual report of the reporting year, addition to reports of exceedances of adjustment to a particular time period or a semiannual report would be submitted monthly calculated HAP emission postmark deadline submitted under for the following semiannual period limitations. § 63.9(i) has been changed to within 30 even if no exceedances occurred in that If incinerators are used, or if solvent calendar days of receiving sufficient period. If no exceedances occur during recovery systems are used but liquid- information to evaluate the request, the entire reporting year, each owner liquid material balances are not rather than 15 calendar days as and operator would submit annual conducted, semi-annual reports would provided for in § 63.9(i)(3). statements indicating that each affected be required that contain information on Sections 63.9 and 63.10 identify the facility has been in compliance. all days when for any three hour period, type of generic information to be b. Packaging and Product Rotogravure the average value of the site-specific and Wide-web Flexography. The included in the initial notification, operating parameter used to monitor notification of compliance status should notification of compliance status, and capture system performance was greater identify whether low-HAP materials or other reports and, therefore, this than or less than (as appropriate) the information is not repeated in this control devices were used to operating parameter value established preamble. The following paragraphs demonstrate that the facility was in for the capture system. summarize the additional information compliance, and, for control devices specific to the printing and publishing and capture systems, what operating If a semiannual report is required for rule that should be included in the parameters were identified for the period covered by the first notification of compliance status and continuous monitoring in order to semiannual report of the reporting year, the type of information to be included ensure compliance with the proposed a semiannual report would be submitted in the periodic reports. standards. Specific reporting for the following semiannual period a. Publication Rotogravure. The requirements are dependent upon how even if no exceedances occurred in that notification of compliance status should an owner or operator chooses to comply period. If no exceedances occur during identify the control devices that were with the regulation. the entire reporting year, each owner used to demonstrate that the facility was Owners and operators complying and operator would submit annual in compliance. Specific reporting using low-HAP materials would be statements indicating that each affected requirements are dependent on how an required to report each exceedance of facility has been in compliance. owner or operator chooses to comply the organic HAP content level or the with the regulation. If solvent recovery low solids organic HAP content level. systems are used and liquid-liquid These reports would be submitted on a material balances are conducted, semiannual basis. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13673 III. Summary of Environmental, incinerators. Combustion of this fuel Btu for product and packaging Energy, and Economic Impacts of the will result in additional carbon dioxide rotogravure and 58 billion Btu for wide Proposed Standards emissions and may result in additional web flexography. emissions of nitrogen oxides. A. Emission Reductions Facilities converting to waterborne D. Cost Impacts 1. Existing Facilities materials as a means or partial means of The total capital and annualized costs compliance may have reduced RCRA (1993 dollars) attributable to compliance For the existing publication hazardous waste disposal if the status of with the proposed standards have been rotogravure printing industry (27 the waste ink changes from hazardous to estimated for existing sources. It is facilities), the nationwide baseline HAP nonhazardous. An increase in expected that new facilities would meet emissions are estimated to be 17,500 wastewater discharge may occur if the proposed regulations as a result of Mg/yr (19,200 tpy). Implementation of waste ink and waterborne washup other federal, state and local the proposed regulation would reduce materials are discharged to publicly environmental and occupational safety these emissions by 4,750 Mg/yr (5,220 owned treatment works (POTW). There regulations. tpy), or 27 percent. For the existing is no assurance that facilities converting 1. Capital Costs product and packaging rotogravure and to low-HAP formulations will adopt wide web flexographic printing industry waterborne, rather than non-HAP VOC Capital costs would be incurred in (approximately 1,200 facilities), the based materials. While EPA expects upgrading existing capture and control nationwide baseline HAP emissions are wastewater and solid waste impacts in systems at those facilities presently estimated to be 4,200 Mg/yr (4,620 tpy). general to be insignificant, it is aware of operating control devices that do not Implementation of the proposed a frequent practice in the printing and meet the proposed standards. Facilities regulation would reduce these publishing industry of using shop which do not presently operate control emissions by 1,940 Mg/yr (2,140 tpy), or towels for cleaning. This generates a devices would be expected to capitalize 46 percent. waste load which may be sent to a period of downtime necessary to 2. New Facilities industrial laundries (and ultimately to convert to low-HAP materials. Total POTW) in the case of cloth towels, or to capital costs are estimated at $133 It is expected that any new facilities landfills in the case of disposable million. These costs include $92 million would be designed to meet the proposed towels. EPA invites submission of at publication rotogravure facilities for standards because of other federal, state comments and data on how effluent improved capture and upgrades to and local environmental and from industrial laundries may be solvent recovery systems to handle occupational safety regulations. No net affected by this regulation. increased volumes of pressroom air. emission reduction from new facilities New and upgraded catalytic Capital costs at product and is expected as a result of the proposed incinerators will require catalyst. packaging rotogravure facilities are regulation. Catalyst life is estimated to be in excess estimated at $34 million. These costs B. Secondary Environmental Impacts of ten years. Spent catalyst will include improved capture and upgrades represent a small amount of solid waste to control devices for facilities presently Secondary environmental impacts are and in some cases the spent catalyst will operating control devices. For facilities considered to be any air, water, or solid be regenerated by the manufacturer for not presently operating control devices waste impacts, positive or negative, reuse. Activated carbon used in solvent the costs are based on capitalized associated with the implementation of recovery systems is returned to the downtime. the proposed standards. These impacts manufacturer at the end of its useful life Capital costs at wide-web are exclusive of the direct organic HAP and converted to other salable products. flexographic facilities are estimated at air emission reductions discussed in the No solid waste impact is expected from $7.2 million. These costs include previous section. this source. improved capture and upgrades to Most of the organic HAP are VOC. C. Energy Impacts control devices for facilities presently Capture and control of HAP which is operating control devices. presently emitted will result in a The operation of new and upgraded decrease in VOC emissions. It is control devices will require additional 2. Annual Costs expected that some product and energy. Capture and control of increased Annual costs of the proposed packaging rotogravure and wide-web volumes of solvent laden air will require standards have been estimated at $42 flexographic facilities will comply with additional fan horsepower. Operation of million per year. These costs include the proposed standard by substituting incinerators, particularly thermal capital recovery over a ten year period, non-HAP materials for HAP presently in incinerators will require supplemental operating costs for the newly installed use. In some cases, the non-HAP fuel (typically natural gas). Operation of and upgraded capture and control materials will be VOC, however, in solvent recovery systems will require systems, and costs for recordkeeping, other cases, non-VOC (e. g. water) steam regeneration of the activated reporting and monitoring. These are net materials will be used. carbon; boilers are typically fired with costs after taking into account the costs The use of newly installed or natural gas or fuel oil. presently being incurred for the baseline upgraded control devices will result in The total additional electrical energy control level. The annual costs include greater electricity consumption. required to meet the proposed standard $21 million per year for publication Increases in emissions of sulfur dioxide, is estimated to be 55 million kilowatt- rotogravure, $17 million per year for nitrogen oxides and carbon dioxide hours (kWh) per year. This includes 32 product and packaging rotogravure and from electric utilities could result. In the million kWh for publication $3.6 million per year for wide-web product and packaging rotogravure and rotogravure, 20 million kWh for product flexography. wide-web flexographic printing and packaging rotogravure and 3.0 segments, some plants will comply by million kWh for wide web flexography. E. Economic Impacts installing or upgrading incinerators. Fuel requirements total 1.0 trillion Btu The preliminary economic impact Supplemental fuel, typically natural gas, per year. This includes 580 billion Btu analysis for the selected regulatory will be used, particularly for thermal for publication rotogravure, 370 billion alternative shows that the estimated 13674 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules price increases for printing products capture systems vary depending on the another label or wrapper. Besides produced by the affected industries is age of the press. Typically, four stations printing, operations in the manufacture an average of 1.34 percent for those are required to print each side of the of folding cartons include creasing, using publication and product/ web. Publication rotogravure presses in trimming, die-cutting, coating, and packaging rotogravure presses, and less operation in the U. S. have up to 16 gluing. The cartons are shipped flat, to than 0.01 percent on average for those stations. It is generally believed in the be assembled and filled by the using wide-web flexographic presses. industry that publication rotogravure customer. The estimated decreases in the quantity equipment is capable of higher quality Flexible Packaging. Flexible of printing production is an average of printing than competing processes. packaging materials start out as rolls of 3.85 percent and 0.53 percent, The primary solvent in publication paper or foil, or beads of plastic resin, respectively. No firms or facilities are at rotogravure ink is toluene, a HAP. At and are ‘‘converted’’ into a package or risk of closures as a result of the some plants xylenes and ethyl benzene, roll of packaging material. Flexible standard. also HAP, and non-HAP aliphatic package manufacturers are sometimes For more information, consult the solvents are present in the solvent blend referred to as ‘‘converters’’. Converters background information document. and are used, emitted, recovered and produce a wide range of non-rigid handled in the same manner as toluene. packages made of paper, plastic film, IV. Process Descriptions and Control The plants purchase ink containing foil laminates, and combinations of Technologies solvent and add additional solvent to these substrates. A. Process Descriptions obtain the desired viscosity. One portion of the flexible packaging HAP emissions result from industry provides fully printed 1. Rotogravure Printing incomplete recovery of captured HAP, packaging materials (designated Nearly all gravure printing is done by and from incomplete capture. Activated ‘‘preformed specialty bags’’) to contract rotogravure. Gravure printing is a carbon solvent recovery systems are packagers. Another portion provides printing process in which an image suitable for control of toluene and combination or laminated materials (type and art) is etched or engraved similar aromatic solvents. High control (converted wrap) for printing and/or below the surface of a plate or cylinder. efficiencies can be achieved, however final packing by captive packaging On a gravure plate or cylinder, the some solvent is unavoidably emitted as operations. printing image consists of millions of a result of thermodynamic limitations Labels and Wrappers. Labels and minute cells. Rotogravure requires very (the toluene-carbon/toluene-air wrappers include roll and sheet labels fluid inks which will flow from the cells equilibrium) and flow irregularities (e.g. applied to cans, unprinted cartons, to the substrate at high press speeds. In channelling through the carbon bed). composite cans, bottles and other addition to inks, other materials Some HAP is not captured in the dryer containers, tags, and self-adhesive label including adhesives, primers, coatings exhaust. This includes HAP which products. Paper is the common and varnishes may be applied with evaporates from the ink fountains into substrate, but laminates and foil are also rotogravure cylinders. These materials the pressroom, HAP which is used. The industry makes a distinction dry by evaporation as the substrate evaporated from the web in the dryers between labels and wrappers, which are passes through hot air dryers. but is then swept out of the dryer as the package components, from a product Different colored inks, or other web travels towards the succeeding that becomes the entire package and materials are applied in succession as press station, HAP which remains in the should be called a flexible package. the web passes from station to station. web after the last dryer which Gift Wraps. About 90 percent of all A separate cylinder, ink supply and evaporates during additional processing gift wraps are printed. They are dryer are required for each station. After (slitting, folding, stitching, etc.) and produced by greeting card companies the ink is applied at each station, the HAP which leaves the plant trapped in and by label and flexible packaging web is dried before being printed by the the magazine, catalog or advertising firms. Rotogravure printing is next station. Solvent borne or insert. particularly suitable for producing the waterborne ink systems can be used but b. Packaging and Product continuous patterns used on gift wrap. these ink systems are not Rotogravure. The rotogravure printing Wallcoverings. The wallcovering interchangeable. Both the printing operation is, in many cases, a relatively industry is a traditional user of cylinders and the drying systems are small part of the total package or rotogravure. The principal types of specific to the ink system in use. The product production process. This wallcoverings are prepasted paper, evaporated components of the ink and section briefly describes the various prepasted paper-backed vinyl, fabric- other materials may contain HAP to types of packages and products that backed vinyl, and specialty items (e.g., varying extents. Rotogravure can be include rotogravure printing in their metallics, grass cloth, rice paper). The divided into the publication and manufacture, and notes what steps in manufacturing wallcoverings product/packaging segments. Because of production steps are required in include printing the paper and the expense and complexity of addition to the rotogravure printing laminating it to the backing sheet. rotogravure cylinder engraving, it is step. Vinyl Printing. These products consist particularly suited to long run printing Folding Cartons. Folding carton of auto upholstery, furniture upholstery, jobs. packages are used for a wide variety of tablecloths, decorative trim, and shower a. Publication Rotogravure. products including wet and dry foods, curtains. Rotogravure dominates this Publication rotogravure printing focuses beverages, bakery items, and candy. product area because of the complex on magazine, catalog and advertising They are also used for nonfood products repeat patterns (e.g., woodgrain), and insert printing. All U. S. publication such as detergents, hardware, paper the requirement, in many cases, for rotogravure plants presently use goods, cosmetics, medical products, overcoating that is readily applied using toluene/xylene based ink systems, and tobacco products, and sporting goods. a rotogravure cylinder. Printing is operate solvent recovery systems based The folding carton is made from one performed on unsupported vinyl, on carbon adsorption with steam of several grades of paperboard. It may supported vinyl (backed with fabric or regeneration. Recovered solvent is sold be printed, laminated or coated, or may paper), and paper substrate that is then back to the ink manufacturers. Press be shipped unprinted to be used with coated with vinyl. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13675 Decorative Laminates. These products pictures to a substrate by means of a B. Control Techniques consist of solid, thermoset laminates printing technique in which the pattern There are two approaches to used in furniture and construction, and to be applied is raised above the limitation of HAP in the printing and other laminates, principally wood grain printing plate and the image carrier is publishing industry. The first approach veneers, widely used in furniture. made of rubber or other elastomeric is to improve capture and control Floor Coverings. Rotogravure presses materials. For the purposes of the systems or to add control devices where are used to decorate and apply texture proposed regulation, flexographic none are in use. Capture and control can and finish to sheet vinyl floor coverings. presses capable of printing substrates of be addressed separately, although in Rotary screen printing is sometimes 18 inches in width or greater are wide- many cases, improved capture is used in combination with gravure. web flexographic presses. Because of the achieved through an increase in the Rotogravure is also used to print transfer ease of plate making and press set up, amount of air handled. This can papers used to decorate vinyl tile. flexographic printing is more suited to Tissue Products. Some type of necessitate upgrades to existing control short production runs than gravure. printing process is used to apply color devices. The second approach, focusing patterns to paper towels, bathroom Flexographic inks must be very fluid on pollution prevention, is to substitute tissue, and napkins. The older paper to print properly. Flexographic inks low HAP or HAP-free materials for mills producing tissue products were include both waterborne and solvent materials (inks, coatings, varnishes, typically equipped with rotogravure based systems. Solvents used must be adhesives, primers, etc.) presently in presses. compatible with the rubber or polymeric use. Product and packaging rotogravure plates; thus, aromatic solvents are not 1. Capture Systems differs from publication rotogravure used. Some of the components of Capture systems are designed to with respect to the materials used, the solvent based flexographic ink include collect solvent laden air and direct it to applicable control devices, and the ethyl, n-propyl and i-propyl alcohols; a control device. In rotogravure and decreased importance of the actual glycol ethers, aliphatic hydrocarbons, flexographic printing, solvent is printing process in an overall and esters. manufacturing process. Packaging and removed from the printed substrate by Wide web flexographic presses are product rotogravure printing uses a evaporation in a dryer. The exhaust wide variety of different ink systems, used to print flexible and rigid from the dryer can be ducted to a including the aromatic HAP based ink packaging; newspapers, magazines, and control device. Additional systems are systems common to publication directories; paper towels, tissues etc; often used to collect solvents which rotogravure, solvent based non-HAP ink and printed vinyl shower curtains and evaporate from other parts of the systems, and waterborne ink systems. wallpaper. Substrates include printing press, as well as those which Numerous specially mixed colors are polyolefins, polystyrene, polyesters, escape from the dryer. In addition, applied at various times in this industry glassine, tissue, sulfite, kraft and other pressroom ventilation air can be segment, in contrast to the publication paper stocks, aluminum foil, paperboard exhausted to a control device. segment which primarily applies four and corrugated cardboard. Differences in capture efficiency basic colors. In addition, a wider range Flexographic presses can be divided contribute much more to the variation of materials are applied with into three main types depending on the in overall efficiencies than the choice of rotogravure cylinders in this segment of relative relationship of the print control device. Reported capture the industry. A variety of coatings, stations. Stack presses have individual efficiencies ranged from estimates of adhesives and primers are applied at print stations oriented vertically with less than 50 percent to the 100 percent capture which is assumed for systems print stations on rotogravure presses. the unwind and rewind sections on the meeting the requirements of permanent Because of the variety of materials same side of the print stations. Stack total enclosures. Capture systems can be applied, the approach to HAP and VOC presses are easily accessible for rapid improved through collection of control in packaging and product changeovers between press runs. additional solvent laden air from the rotogravure facilities varies. In addition Common impression presses have the to the activated carbon based solvent press area and through construction of print stations around the circumference additional hooding and press recovery systems used by the of a single large impression cylinder. publication segment, packaging and enclosures. A capture efficiency of 100 The web is constantly supported percent can be assumed for presses that product gravure facilities also use a between print stations, which is an variety of thermal and catalytic meet the requirements of a permanent advantage for printing on stretchable total enclosure. oxidizers. Many facilities operate materials. In-line presses have the print without significant HAP use and do not a. Publication Rotogravure. Within stations in a horizontal row (the the publication rotogravure industry, all have control devices. geometry is similar to rotogravure In product and packaging rotogravure presses have dryer exhaust gases routed presses). Most flexographic printing facilities, HAP is contained in both the to the solvent recovery system. printing inks and in other materials (including all flexographic newspaper Additional capture systems include (adhesives, coatings) that are applied as and corrugated carton printing) is done dryer hood systems, partial upper deck part of a continuous manufacturing with waterborne inks. Waterborne inks enclosures, full upper deck enclosures, process. The predominant type of ink is which contain no HAP are available for enclosed presses, permanent total based on nitrocellulose resin, with some some applications. Some waterborne enclosures, room enclosures, rooms polyamide inks. Solvent systems inks contain relatively low proportions operated under negative pressure and include aromatic, aliphatic and of HAP, principally ethylene glycol and floor sweeps. Typically, solvent laden oxygenated hydrocarbon solvent inks, glycol ethers. Most solvent based air captured from several presses is and water-based inks. flexographic inks contain little or no combined and treated with a common HAP. Capture and control devices used solvent recovery system. The individual 2. Wide-Web Flexography with solvent based inks are usually presses may have different capture Flexographic printing is considered to designed, permitted and operated for devices, and different capture be the application of words, designs and VOC control. efficiencies. 13676 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules b. Product and Package Gravure. In control a wide variety of emission distinguish among classes, types, and the product and package gravure streams. Thermal incinerators can sizes of sources within a category or industry, many facilities use low VOC achieve removal efficiencies of 98 subcategory (section 112(d)(1) of the (and low-HAP) inks and coatings. Dryer percent and higher. Act). Thus, for example, the exhausts from these facilities may be The basic operation of thermal Administrator could establish two captured and vented to the atmosphere incinerators involves raising the inlet air classes of sources within a category or without the use of a control device. stream to the incineration temperature subcategory based on size and establish Where solvent based inks are in use, of the contaminants and maintaining the a different emission standard for each more elaborate capture and control temperature for a specific residence class as long as each standard is at least systems may be present. Capture time. The waste heat content of the as stringent as the floor. The Act also systems in use at product and packaging incinerator exhaust stream is used to contains provisions for regulating area gravure facilities include combinations preheat the inlet air stream. An sources. However, except for certain of dryer exhausts, floor sweeps, auxiliary fuel is then typically required recordkeeping requirements contained collection ducting, hoods, press to raise the air stream temperature to the in the General Provisions, these are not enclosures, permanent total enclosures, incineration temperature. relevant to the proposed standards for room enclosures, negative pressure (2) Catalytic incinerators. Catalytic printing and publishing sources, which pressrooms, partial enclosures and ink incinerators are similar to thermal apply only to major sources. pan covers. With the exception of incinerators except that they use a The next step in establishing a MACT permanent total enclosures, none of catalyst (a substance that accelerates the standard is the development and these technologies has a precise rate of oxidation without undergoing a analysis of regulatory alternatives. First, definition with regard to capture chemical change itself) to assist in the information about the industry is efficiency. In many cases terms are used oxidation of organic compounds to analyzed to develop model plant interchangeably. Where control devices carbon dioxide and water. The removal populations for projecting national are in use, solvent laden air from several efficiency of catalytic incinerators can impacts, including HAP emission presses may be combined and ducted to be as high as 98 percent. Catalytic reduction levels, costs, and energy and a common control device. incinerators typically operate at lower secondary environmental impacts. c. Wide-web Flexographic Printing. temperatures than thermal incinerators Several regulatory alternatives (which Capture systems in use at flexographic to achieve equivalent efficiencies. For may be different levels of emission printing facilities include combinations this reason, auxiliary fuel requirements control, different applicability criteria, of dryer exhausts, floor sweeps, hoods, and operating costs are lower for or both, and one of which is the MACT and permanent total enclosures. Many catalytic incinerators than thermal floor) are then evaluated to determine facilities, including most sheetfed incinerators when used to control the most appropriate regulatory corrugated box facilities have no capture relatively dilute air streams. alternative to reflect the MACT level. systems and rely on pressroom exhaust In addition, although NESHAP are to the atmosphere to dilute the small V. Rationale for the Proposed Rule normally structured in terms of amount of HAP present in the ink. A. Regulatory Development Process for numerical emission limits, alternative NESHAP approaches are sometimes necessary. 2. Control Devices. Section 112(h) of the Act provides that a. Carbon adsorbers. Adsorption During development of a NESHAP, if it is not feasible to prescribe or systems are used to remove organic the EPA collects information about the enforce an emission standard, then a compounds from gas streams when industry, including information on design, equipment, work practice, or strict limits on the outlet concentration emission source characteristics, control operational standard may be must be met, or when recovery of the technologies, data from HAP emission established. For example, in some cases compound is desired. Adsorption is tests at well-controlled facilities, and source testing may be impossible or at effective on inlet concentrations ranging information on the cost, energy, and least not practicable due to from a few parts per billion to several other environmental impacts of technological and economic limitations. thousand parts per million, and flow emission control techniques. The EPA In the EPA’s decision-making process, rates of several hundred to several uses this information in the the regulatory alternatives considered hundred thousand cubic feet per development of possible regulatory for new versus existing sources may be minute. Carbon adsorbers typically have approaches. different and each alternative must be a removal efficiency of 95 to 99 percent. If the source category contains major technically achievable. In selecting a Once the carbon reaches saturation, it sources, then a MACT standard is regulatory alternative to represent can be regenerated with steam within required. Section 112(d)(3) of the Act MACT, the EPA considers the the adsorber vessel. This allows for the defines the minimum stringency achievable reduction in HAP emissions recovery of the organic compounds for requirements of the MACT standard for (and possibly other pollutants that are reuse. new and existing sources. This level of co-controlled), the cost of control, and b. Incinerators. Two basic types of control is referred to as the MACT economic, energy, and other nonair incinerators, thermal and catalytic, are ‘‘floor,’’ which needs to be determined quality health and environmental used by package and product as a starting point for developing the impacts. The overall objective is the rotogravure and flexographic printers to regulatory alternatives. achievement of the maximum degree of remove organic contaminants. Each type Once the floor has been determined emission reduction without is discussed below. for new and existing sources for a unreasonable economic or other (1) Thermal incinerators. Thermal category or subcategory, the impacts. incinerators can be generally used on air Administrator must set MACT standards The selected regulatory alternative is streams with a wide concentration range that are no less stringent than the floor then translated into a proposed of organics. These control devices have level. Such standards must then be met regulation. The regulation implementing minimal dependence on the by all sources within the category or the MACT decision typically includes characteristics of the organic subcategory. However, in establishing sections addressing applicability, contaminants, so they can be used to standards, the Administrator may standards, test methods and compliance Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13677 demonstration, monitoring, reporting, developed to control HAP emissions wide-web flexographic printing and recordkeeping. The preamble to the from both new and existing sources operations. Within the publication proposed regulation, published in the pursuant to section 112(c) of the Act. rotogravure segment of the industry, all Federal Register, provides an The initial source category list (57 FR organic HAP emitting operations are explanation of the rationale for the 31576, July 16, 1992), required by covered by the standard. Current decision. The public is invited to section 112(c) of the Act, identifies industry practices instituted for comment on the proposed regulation source categories for which NESHAP are compliance with applicable regulations during the public comment period. to be established. This list includes all pertaining to VOC emissions include Following an evaluation of these major source categories of HAP known accounting for solvent use on a facility- comments, the EPA reaches a decision to the EPA at this time, and all area wide or control system wide basis and promulgates the final standards. source categories for which a finding of determined by a periodic liquid-liquid adverse effects warranting regulation mass balance. Organic HAP emissions at B. Determining Maximum Achievable has been made. points other than production printing Control Technology (MACT) ‘‘Floors’’ The source category list identifies presses are relatively minor compared to Once the EPA has identified the ‘‘Printing/Publishing (Surface Coating)’’ press emissions. These operations, specific major source categories or as a source category because it contains including ink storage and mixing, parts subcategories that it intends to regulate major sources which have the potential cleaning and proof presses can be under section 112, MACT standards are to emit at least 10 tons of any one HAP controlled or uncontrolled provided that set at a level at least as stringent as the or at least 25 tons of any combination the overall facility or control system ‘‘floor.’’ Congress has provided of HAP annually. meets the proposed standard. Based on directives to guide the EPA in the The printing and publishing industry information provided by all U.S. process of determining the regulatory encompasses printing by a variety of publication rotogravure facilities, there floor. graphic arts techniques applied to a are readily available techniques to Congress specified that the EPA must variety of substrates. Printing operations achieve substantial organic HAP establish standards which require ‘‘the are included as one or more steps in the emissions reduction from the presses. maximum degree of reduction in overall manufacturing process for a Adequate information is available to emissions of the hazardous air wide variety of end products. Packaging establish MACT for these facilities. pollutants * * * that the Administrator and product printing often makes up Within the product and packaging ** * determines is achievable * * *’’ only a small part of the value of the end rotogravure and wide-web flexographic (section 112(d)(2) of the Act). In product. For purposes of this rule, the printing segment of the industry, addition, Congress limited the Agency’s EPA has defined the source category as emission of organic HAP from discretion by defining the minimum consisting of all facilities engaged in rotogravure and flexographic presses is baseline (floor) at which standards may publication rotogravure and product covered. be set, as follows: and packaging rotogravure and wide- Based on the information obtained (1) For new sources, the standards for web flexographic printing. from the industry in response to a source category or subcategory ‘‘shall information collection requests, in not be less stringent than the emission D. Selection of Emission Points Covered addition to information provided control that is achieved in practice by by the Proposed Rule voluntarily and during meetings with the best controlled similar source, as The proposed rule would limit industry trade organizations, there are determined by the Administrator,’’; and organic HAP emissions that result from several readily available techniques (2) For existing sources, the standards publication rotogravure and product (including carbon adsorption and ‘‘may be less stringent than standards and packaging rotogravure and wide- thermal and catalytic incineration) to for new sources * * * but shall not be web flexographic printing. The standard achieve substantial emission reductions less stringent, and may be more applies to HAP present in inks, ink in these operations. While inks and stringent than: (A) the average emission extenders, solvents, coatings, varnishes, other materials containing organic HAP limitation achieved by the best primers, adhesives, and other materials are being used at many facilities, performing 12 percent of the existing applied on publication rotogravure and alternative formulations containing no sources (for which the Administrator product and packaging and wide-web organic HAP, or very low concentrations has emissions information) * * * or (B) flexographic presses. Emission points in of organic HAP are available for many the average emission limitation the publication rotogravure segment of specific applications. Adequate achieved by the best performing 5 the printing and publishing industry information exists for establishing sources * * * for categories or include but are not limited to ink and MACT for capture and control devices subcategories * * * with fewer than 30 solvent storage tanks, ink mixing, and for alternate low-HAP formulations. sources’’ (section 112(d)(3) of the Act). printing, press and parts cleaning, proof 2. Excluded Operations and production presses and solvent C. Selection of Pollutants and Source a. Inorganic HAP Emissions. Category(ies) recovery. Within the product/package rotogravure and wide-web flexography Inorganic HAP are present in pigments Section 112(b) of the Act lists the industry the standard applies to inks and film forming components of some HAP to be regulated with standards and all other materials applied with inks. These components make up less established under section 112. Section rotogravure or wide-web flexographic than 1 percent of the total HAP content 112(d), as amended, requires the EPA to printing presses. of the materials. These components promulgate emission standards for each A discussion of the rationale for remain on the substrate for the life of category or subcategory of major sources including or excluding basic processes the publication, product or package and and area sources of the HAP listed in from this proposed rule is given below. are not expected to be emitted to the air. section 112(b). For the purpose of b. Non-press Operations at Product developing these standards, the EPA 1. Operations for Which Standards Are and Packaging Rotogravure and Wide- may distinguish among classes, types, Being Proposed web Flexographic Printing Facilities. and sizes of sources within a category or EPA is proposing organic HAP Operations related to press and parts subcategory. The NESHAP are to be emission standards for rotogravure and cleaning, proof presses, ink mixing and 13678 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules storage, film lamination and equal to MACT for existing sources. The variations in solvent accounting and flexographic platemaking have the EPA has determined that no further due to solvent retention in the printed potential to emit organic HAP. Organic emission reductions can be achieved for substrate. Therefore the floor for new HAP emissions from these operations new sources through the use of sources was determined to be the same make up only a small fraction of HAP demonstrated technology than the level as the floor for existing sources and no emissions from the presses. Very few of reduction represented by MACT for more stringent regulatory alternatives data are available regarding the extent of existing sources. were found to exist. emissions from these sources and To evaluate the regulatory 2. Package and Product Rotogravure and applicable control techniques. Adequate alternatives, model plants were Wide-web Flexography information is not available to establish developed based on market segment MACT for these potential emission (publication rotogravure, package and Data were obtained from points. product rotogravure and wide-web approximately 103 product and package EPA is not proposing regulations at flexography), and size. These rotogravure printing facilities, and this time pertaining to off-line characteristics were examined to approximately 500 wide-web rotogravure coating because these determine whether any technological flexographic facilities. Industry emission points will be covered in a justification existed to differentiate the representatives believe that there are future standard for ‘‘Paper and Other proposed standards by market segment approximately 400 product and package Web Coating’’. or size. Based on this examination, the rotogravure facilities operating in the c. Narrow-web Flexography. EPA has decided that different market U.S. There are approximately 800 wide- Thousands of narrow web flexographic segments operate in different ways and web flexographic printing facilities in printing facilities exist which primarily that there is justification to differentiate the United States. Different types of print tags and labels. No major sources between the two market segments incinerators and solvent recovery of this type have been identified based identified on the basis of these systems were operated by 146 of the on a search of the Toxic Release characteristics. No compelling reasons reporting facilities. The balance of the Inventory System, and it is unlikely that were identified as to why a facility of facilities had no control device. In all there are any such facilities. Very few one size could not incorporate the cases where control devices were in data are available regarding the extent of technology used by a facility of another operation, they were designed and emissions from these sources and size. operated to control VOC emissions. It is applicable control techniques. Narrow assumed that the performance of these web flexographic printing facilities are 1. Publication Rotogravure. control devices with respect to VOC and typically very small and predominantly Data were obtained from all of the 27 organic HAP is equivalent. use low HAP, low VOC inks. Adequate U. S. publication rotogravure facilities. The same types of control devices and information is not available to establish All of the control systems employ capture systems were generally MACT for these potential emission activated carbon based solvent recovery applicable even though the materials points. systems. All facilities calculate overall applied, products, substrates, and web efficiencies on the basis of liquid-liquid widths of the controlled presses varied E. Selection of the Basis for the mass balances. All facilities use toluene considerably. The overall control Proposed Rule based ink systems, although some efficiency data for the facilities with the Section 112 of the Act defines a major facilities have replaced a portion of the greatest emissions limitations were source as any stationary source or group toluene with non-HAP organic solvents. generally provided based on tests of stationary sources located within a Waterborne ink systems are not conducted to comply with permit contiguous area and under common technically feasible at this time for the conditions. Where permanent total control that emits or has the potential to high quality, high speed printing which enclosures were in place, capture emit considering controls, 9.1 Mg/yr (10 these facilities produce. efficiencies of 100 percent were tpy) or more of any one HAP or 22.7 The average emissions limitation assumed and tests across control Mg/yr (25 tpy) or more of any achieved by the best performing 5 devices were conducted. The emissions combination of HAP. The Act states that facilities was 92 percent. This limitation limitation achieved by the average of the new major sources must achieve the is based on the level of control achieved best controlled 12 percent of the maximum achievable control in each of twelve monthly material facilities was 95 percent. technology (MACT), which is the level balances at the 5 plants with the best To achieve 95 percent control of of emission control already achieved in annual solvent recovery rates. The organic HAP a facility may need to practice by the best controlled similar solvent recovery data were analyzed on operate a permanent total enclosure and source. The Act further states that a plantwide basis. Some facilities an efficient control device. At present emission standards promulgated for operated more than one solvent there are no technologies which can existing sources may be less stringent recovery system and it was not possible consistently achieve a greater overall than standards for new sources; to reliably isolate the individual control efficiency than this. For this however, standards for existing sources systems. Annual average emission reason, the floor for new sources was must not be less stringent than the limitations were higher, and facilities determined to be equal to the floor for average emission limitation achieved by meeting the standard each and every existing sources and no more stringent the best performing 12 percent of the month will achieve annual emissions regulatory alternatives were found to existing sources. limitations of 92 percent or greater. exist. For all operations being covered by To achieve 92 percent solvent the proposed rule, the EPA has recovery each month, a facility may F. Selection of the Format of the determined that, taking into account need a permanent total enclosure and an Proposed Rule nonair quality health and environmental efficient solvent recovery system. No Emission standards for control of HAP impacts, and energy impacts, MACT is more efficient alternative technologies have been prescribed in accordance equal to the MACT floors for both are available. Higher solvent recovery with section 112(d) of the Act. Where existing and new sources. In addition, rates may not be achievable on a control devices are in place, emissions MACT for new sources was found to be consistent basis due to month-to-month standards are proposed on the basis of Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13679 overall efficiency, taking into account calculate the overall control efficiency CFR part 60, appendix A, would then be both capture and control device of the carbon adsorber. used to measure either the organic efficiencies. In determining compliance with the concentration or the total organic HAP To encourage the use of non-HAP alternate standard for sources that have concentration before and after the materials in the publication rotogravure substituted non-HAP VOC for a portion control device. Alternatively, any other industry as an alternative to toluene of the HAP in their ink, the EPA is test method or data that has been (and ethylbenzene and xylene) based proposing that Method 24A be used for validated according to the applicable materials, an alternate means of determining the volatile matter content. procedures in Method 301 of 40 CFR compliance allows credit for 100 This is a long-standing method for such part 63, appendix A, may be used. percent recovery of that portion of the determinations. This determination may Owners or operators complying with solvent which is replaced with non- be conducted by the manufacturer and the standard on the basis of average HAP compounds. Thus, a facility provided to the owner or operator. The HAP content of materials applied on the achieving 90 percent overall efficiency, EPA is proposing that the organic HAP press would be required to determine using a solvent system which is 70 content level be determined by the HAP content of each material percent toluene and 30 percent non- proposed EPA Method 311. This applied. The EPA is proposing that the HAP solvent would comply on the basis method was proposed (see Solicitation organic HAP content level be of an equivalent emissions limitation of of Comments) as part of the NESHAP for determined by proposed EPA Method 93 percent. Wood Furniture Manufacturing 311. This method was proposed (see Based on the potential HAP content of Operations on December 6, 1994 (59 FR Solicitation of Comments) as part of the the materials applied by the best 62652). The EPA requests comment on NESHAP for Wood Furniture controlled 12 percent of the product and the suitability of Method 311 for Manufacturing Operations on December package rotogravure and wide-web determination of HAP used in the 6, 1994 (59 FR 62652). printing industry. flexographic printing facilities, alternate 2. Monitoring Requirements standards were proposed yielding b. Package and Product Rotogravure equivalent emissions limitations. and Wide-web Flexography. If control In accordance with paragraph (a)(3) of Sources applying materials containing devices (e.g., incinerators, carbon section 114 of the Act, monitoring of 0.20 kg organic HAP or less per kg of adsorbers) are used the proposed stationary sources is required to solids applied on package and product standards require them to achieve an determine the compliance status of the rotogravure and wide-web flexographic overall control efficiency of at least 95 sources, and whether compliance is continuous or intermittent. Enhanced presses will not be required to operate percent, or a HAP emission limitation of monitoring shall be capable of detecting a control device to comply with the no more than 0.20 kg HAP per kg solids deviations from each applicable standard. Facilities operating systems applied. It is necessary, therefore, to emission limitations or standard with with overall efficiencies less than 95 identify the capture efficiency of the sufficient representativeness, accuracy, percent would be able to comply by capture system, the destruction or precision, reliability, frequency, and limiting the HAP content of the inks, recovery efficiency of the control timeliness to determine if compliance is coatings, primers, adhesives, solvents, device, and, where feasible, operational continuous during a reporting period. and other materials applied such that parameters that would be monitored to The monitoring in this regulation the HAP emissions from the affected ensure continuous compliance. The satisfies the requirements of enhanced source are 0.20 kg per kg of solids proposed standards also include provisions for determining the capture monitoring. applied or less. For affected sources complying with Certain press lines are used to apply and removal efficiencies. The test methods and procedures being proposed the proposed standards through the use low solids materials which contain of control devices, initial compliance is relatively low proportion of organic for determining the capture and removal efficiencies are those that are typical for determined through the initial HAP relative to the mass of material control devices. compliance test, and ongoing applied. Sources applying materials The EPA is proposing that capture compliance through continuous containing 0.04 kg organic HAP per kg efficiency be determined by one of two monitoring. The EPA has proposed the of material applied will not be required methods depending on whether or not parameters to be monitored for certain to operate a control device to comply the capture system is a permanent total types of control devices now used in the with the standard. enclosure or not. A permanent total industry. The values of these parameters G. Selection of Emission Test Methods enclosure would be verified according that correspond to compliance with the and Monitoring Requirements to the provisions specified in 40 CFR proposed standards are set by the owner 52.741, appendix B, Procedure T (and, or operator during the initial 1. Emission Test Methods thus would have a capture efficiency of compliance test. If future monitoring In addition to the specific test 100 percent). The capture efficiency of indicates that control equipment is methods described below for affected all other systems would be determined operating outside of the range of values sources, the proposed rule adopts the according to the procedures specified in established during the initial provisions specified in 40 CFR 63.7. 40 CFR 52.741(a)(4)(iii). performance test, then the owner or a. Publication Rotogravure. Where a The EPA is proposing that the operator is out of compliance with the carbon adsorber is used, the EPA is removal efficiency of a control device be proposed standards, except as specified proposing to use a mass balance determined based on three runs, each for malfunctions in 40 CFR 63.6(e)(3). procedure for determining the overall run lasting one hour. Method 1 or 1A of Owners or operators using control efficiency. The proposed rule 40 CFR part 60, appendix A, as incinerators, and owners or operators contains procedures as specified in 40 appropriate, would be used for selection using solvent recovery systems and CFR 60.433 for using a mass balance of the sampling sites, and the gas demonstrating compliance with approach that would calculate the volumetric flow rate would be continuous emissions monitoring must amount of organic HAP and VOC determined using Methods 2, 2A, 2C, or identify the operating parameter to be applied and the amount recovered. This 2D of 40 CFR part 60, appendix A, as monitored to ensure that the capture information would then be used to appropriate. Method 25 or 25A of 40 efficiency measured during the initial 13680 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules compliance test is maintained, and § 63.10 that were considered to be (1) Initial notification, conduct monitoring of this parameter in applicable to the proposed rule. (2) notification of performance tests accordance with the plan submitted Each owner or operator would be and continuous emission monitor with the compliance status report. If required to maintain records of each evaluation periods, future monitoring indicates that capture applicability determination as described (3) notification of compliance status, system is operating outside of the range above in section II. A., each continuous (4) periodic reports, and of values established during the initial monitoring system operated as (5) other reports. performance test, then the owner or described above in section V. G., and The purpose and contents of each of operator is out of compliance with the each liquid-liquid mass balance as these reports are described in this proposed standards, except as specified described above in section V. section. The wording of the proposed rule requires all reports to be submitted for malfunctions in 40 CFR 63.6(e)(3). G. These Records Would Be Maintained to the ‘‘Administrator.’’ The term a. Publication Rotogravure Sources in Accordance With the Requirements Administrator refers either to the Using Solvent Recovery Systems. of § 63.10(b) Administrator of the EPA, an EPA Publication rotogravure facilities As called for by the General regional office, a state agency, or operating solvent recovery systems Provisions, each owner or operator of an another authority that has been would be required to demonstrate affected source would be required to delegated the authority to implement continuing compliance by conducting a develop a start-up, shut-down, and this rule. In most cases, reports will be liquid-liquid mass balance each and malfunction plan, and keep it on record sent to state agencies. Addresses are every month. to be made available for inspection, provided in the General Provisions of 40 b. Other Sources Complying by Means upon request, by the Administrator for CFR part 63, subpart A. of a Control Device. Product and the life of the affected source or until Records of reported information and packaging rotogravure and wide-web the affected source is no longer subject other information necessary to flexographic sources complying by to the provisions of the proposed rule. document compliance with the means of a solvent recovery system If an owner or operator of a product regulation are required to be kept for 5 would be required to demonstrate or packaging rotogravure or wide-web years. As required under the General continuing compliance either through flexographic source elects to comply on Provisions, the two most recent years the use of continuous emission monitors the basis of use of low HAP materials, must be kept on-site; the other three or by conducting a liquid-liquid mass or on the basis on HAP emission years may be kept off-site. Records balance each and every month. limitation, the EPA is proposing that pertaining to the design and operation Sources complying through the use of records of the monthly mass-weighted of the control and monitoring a thermal incinerator would be required average organic HAP content for all equipment must be kept for the life of to install, calibrate, operate and inks, coatings, primers, adhesives, the equipment. maintain a temperature monitoring solvents and other materials applied on a. Initial Notification. The proposed device equipped with a continuous the press be kept as well as all of the standards would require owners or recorder to monitor the temperature in data and calculations used to calculate operators who are subject to this subpart the combustion chamber downstream of these values. This would include the to submit an initial notification. As the combustion zone. Sources mass and organic HAP content as outlined in the General Provisions complying through the use of a catalytic applied of each material. This level of under § 63.9, this report serves two incinerator would be required to install, information is required for an inspector basic purposes: (1) Notifies the EPA that calibrate, operate and maintain a to determine whether the facility was in an existing facility is subject to the temperature monitoring device compliance and whether the proper data proposed standards and (2) notifies the equipped with a continuous recorder to and calculations were being used. EPA of the construction of a new monitor the temperatures at the inlet to If a thermal or catalytic incinerator is facility. A respondent must also report the catalyst bed and the outlet from the used, each owner or operator would be any facility modifications as defined in catalyst bed. required to keep a record of the control § 63.5. This report will include the mass The rationale for selecting the control device operating parameters being of HAP used at the facility during the device parameters for thermal and monitored. Since for some control previous twelve months, as well as the catalytic incinerators in this proposed devices compliance with the proposed mass of HAP expected to be used at the rule is long standing, and for more standards is dependent on the control facility during the next twelve months. information see the proposal notice for device being operated properly, these This report will establish an early the SOCMI reactor processes NSPS (55 records are necessary to determine dialogue between the source and the FR 26966 through 26969, June 29, 1990). compliance. Specifically, a source regulatory agency, allowing both to plan The EPA is, therefore, simply proposing would be out of compliance if the for compliance activities. The notice is to adopt the same monitoring recorded parameters were out of range. due no later than 120 days after the parameters as have been required for Thus, the EPA is requiring these records effective date of the proposed standards. previous standards. for compliance determinations. Under the proposed rule, the initial notification is not required from any H. Selection of Recordkeeping and 2. Reporting Requirements source that has submitted a permit Reporting Requirements In addition to the specific reporting application under title V of the Act, 1. Recordkeeping requirements described below for each provided that the permit application has affected source, the proposed rule been submitted by the same due dates In addition to the specific adopts the provisions specified in as for the initial notification and that the recordkeeping requirements described § 63.9(a) through § 63.9(e) and § 63.9(g) state to which the permit application below for each affected source, the through § 63.9(j) and § 63.10 (a), (b), (d), has been submitted has a permit proposed rule adopts the provisions and (f). program in place and has received specified in § 63.10 (a), (b), (c)(1), (c)(5– The proposed rule would require an delegation of authority from the EPA. 8), (c)(10–15), (d)(1–2), (d)(4–5), and (f). owner or operator to submit the b. Notification of Performance Tests These were the only paragraphs from following five types of reports: and Continuous Emission Monitor Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13681 Evaluation Periods. As adopted through provides a fair balance between the I. Selection of Compliance Deadline the General Provisions, § 63.7 and need to know certain information in a The proposed standards would § 63.9(g), owners or operators would be timely fashion and reduces the burden require the owner or operator of an required to notify the Administrator in to industry and provides consistency existing rotogravure or wide-web advance of conducting performance within this regulation. The following flexographic printing operation to tests of control devices and evaluating paragraphs discuss in more detail the comply with these standards within continuous emissions monitors. specific types of information to be three years after they are promulgated in c. Notification of Compliance Status. included in these various periodic the Federal Register. Section 63.7(a)(2) As adopted through the General reports. The information being of the General Provisions then allows a Provisions, owners or operators who are requested is that which the EPA source 180 days after the compliance subject to this subpart would be believes is necessary in the enforcement date to demonstrate compliance through required to submit a notification of of the proposed rule. an initial performance test. A shorter compliance status. This report contains (1) Sources Operating Solvent the information necessary to compliance time was not selected Recovery Systems. A semiannual report because the proposed timeframe is demonstrate that compliance has been would be required whenever a monthly achieved, such as the results of necessary for those sources that will be liquid-liquid mass balance failed to required to install new capture and/or performance tests, and average organic meet the standard. Owners or operators HAP contents, as well as the methods control devices to purchase and install choosing to demonstrate compliance the equipment. The proposed timeframe that will be used for determining using CEM would be required to submit continuing compliance as outlined will also provide the greatest a semiannual report for any semiannual opportunity for developing and under § 63.9. Another type of period in which the calculated average information to be included in the adopting low HAP content materials. efficiency, including capture efficiency Administrative procedures are notification of compliance status is the and control device efficiency failed to specific range of each monitored established in § 63.6(i) to implement meet the standard during any three hour compliance extensions for existing parameter for each affected source, the period. rationale for why this range indicates sources that are unable to install (2) Sources Operating Thermal and controls by the required compliance compliance with the emission standard, Catalytic Incinerators. A semiannual and whether each source has operated dates. report would be required for any Owners or operators of new sources within its designated operating semiannual period when a monitored parameters. The report would be due that commence construction after the temperature parameter, averaged over a within 60 days after the final standards are proposed but before the three hour period, falls outside its compliance date as specified in the standards are promulgated will have to appropriate range during any three hour General Provisions. comply immediately upon startup, d. Periodic Reports. The EPA is period. A semiannual report would be unless the promulgated regulation is proposing to adopt a standard basis for required for any semiannual period more strict than the proposed submitting periodic reports for each of when a monitored site-specific capture regulation. In accordance with Section the operations for which standards are system parameter, averaged over a three 112(i)(2) of the Act, if the promulgated being proposed. Semiannual reports hour period, falls outside its appropriate standards are more stringent than the would be required whenever an range during any three hour period. proposed standards, the compliance operation was found to be in non- (3) Package and Product Rotogravure date for construction after proposal but compliance or whenever a monitored and Flexographic Sources Complying by before promulgation will be 3 years after parameter exceeded its value. For Means of Low-HAP Materials. A the promulgation date, provided the example, for a publication rotogravure semiannual report would be required for owner or operator complies with the source, a semiannual report would be any semiannual period in which the standards as proposed until the triggered for any monthly period materials applied, when averaged over a compliance date. The owner or operator covered by the semiannual report in monthly period, exceed the standard for would then be required to conduct a which the overall efficiency of the organic HAP content based on solids performance test within 120 days after solvent recovery system failed to meet applied or on materials applied during the compliance date. All other new the standard. any month. sources will have to comply with the Semiannual reports would also be e. Other Reports. The only ‘‘other proposed standards immediately upon required whenever a change occurred at reports’’ in the proposed rule are those startup. a facility that might affect a source’s that are required under the General J. Operating Permit Program compliance status or that introduces a Provisions, subpart A of 40 CFR part 63. new element to the operation that was Of particular note is the report required Under 40 CFR part 70, all major required to be reported in the in response to periods of startup, sources of HAP will be required to notification of compliance status. For shutdown, and malfunction. When the obtain an operating permit. Emission example, conversion of a press requiring procedures used during such periods limits, monitoring, and reporting and a control device to operate with low- are completely consistent with the plan, recordkeeping requirements are HAP materials would require monthly a report stating such is to be delivered typically scattered among numerous averaging of materials applied to or postmarked by the thirtieth (30th) provisions of State implementation maintain compliance. This change in day following the end of each calendar plans (SIP’s) or Federal regulations. As compliance status would trigger a half. If the procedures are not discussed in the rule for the operating semiannual report. For operations that completely consistent with the plan, an permit program, this new permit did not experience any exceedances or owner or operator is to report the program would include in a single changes, the EPA is proposing that actions taken within 2 working days document all of the requirements that annual reports be submitted to this after commencing actions inconsistent pertain to a single source. Once a state’s effect. with the plan, followed by a letter permit program has been approved, The EPA is proposing to adopt the within 7 working days after the end of each printing and publishing facility above schedule of reporting because it the event. that is a major source within that state 13682 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules must apply for and obtain an operating any aspect of the proposed standards, ADDRESSES section of this preamble, permit. If the state wherein the printing and on any statement in the preamble or and should refer to Docket No. A–92– and publishing facility is located does the referenced supporting documents. In 42. not have an approved permitting particular, the Administrator solicits A verbatim transcript of the hearing program, the owner or operator of a comments on (1) The suitability of EPA and any written statements will be printing and publishing facility must Method 311 for determination of HAP in available for public inspection and submit a part 71 permit application if ink and other printing materials; (2) the copying during normal working hours at requested under 40 CFR part 71. mechanism by which owners or the EPA’s Air and Radiation Docket in operators may accept case-by-case K. Pollution Prevention Considerations Washington, D.C. (see ADDRESSES operating restrictions that would ensure section of this preamble). The Pollution Prevention Act of 1990 that the potential to emit of their facility establishes the following management does not exceed the major source B. Docket hierarchy as national policy: threshold; and (3) the effect of this 1. Pollution should be prevented or regulation on effluent from industrial The docket is an organized and reduced at the source whenever feasible; laundries. complete file of all the information 2. Pollution that cannot be prevented The EPA Method 311 was proposed as submitted to or otherwise considered by should be recycled in an part of the NESHAP for Wood Furniture the EPA in the development of this environmentally safe manner whenever Manufacturing Operations on December proposed rulemaking. The principal feasible; 6, 1994 (59 FR 62652). The comment purposes of the docket are: (1) To allow 3. Pollution that cannot be prevented period for the Wood Furniture NESHAP interested parties to readily identify and or recycled should be treated in an and Method 311 was scheduled to close locate documents so that they can environmentally safe manner whenever on February 21, 1995. On February 22, intelligently and effectively participate feasible; and 1995 (60 FR 35), the comment period for in the rulemaking process; and (2) to 4. Disposal or other release into the the proposed Wood Furniture NESHAP serve as the record in case of judicial environment should be employed only was extended to March 23, 1995 and the review (except for interagency review as a last resort and should be conducted comment period for the proposed materials) (section 307(d)(7)(A) of the in an environmentally safe manner. Method 311 was extended to April 24, Act). The Pollution Prevention Act 1995. Persons who submit comments on considers ‘‘source reduction’’ a the suitability of Method 311 for C. Executive Order 12866 fundamental aspect of pollution determination of HAP in ink and other Under Executive Order 12866, (58 FR prevention. Source reduction is any printing materials in response to the practice that reduces the amount of any 51735 (October 4, 1993)) the Agency proposed Printing and Publishing must determine whether the regulatory hazardous substance entering the waste Industry NESHAP should consider also stream or otherwise released into the action is ‘‘significant’’ and therefore submitting comments in response to the subject to OMB review and the environment prior to recycling, energy proposed Method 311. For information recovery, treatment, or disposal. requirements of the Executive Order. on the address and docket number for The Order defines ‘‘significant Practices such as recycling, energy submitting comments on the proposed recovery, treatment, and disposal are regulatory action’’ as one that is likely Method 311, see the February 22, 1995 to result in a rule that may: not considered pollution prevention Federal Register notice. measures under the Pollution The proposed standards were (1) Have an annual effect on the Prevention Act. developed on the basis of information economy of $100 million or more or The proposed rule provides strong available. The Administrator is adversely affect in a material way the incentives for pollution prevention. specifically requesting factual economy, a sector of the economy, Within the publication rotogravure information that may support either the productivity, competition, jobs, the segment, substitution of non-HAP approach taken in the proposed environment, public health or safety, or materials for organic HAP is encouraged standards or an alternate approach. To State, local, or tribal governments or by allowing sources to claim credit for receive proper consideration, communities; recovery of 100 percent of non-HAP documentation or data should be (2) Create a serious inconsistency or volatile matter (including water) used in provided. the calculation of equivalent overall otherwise interfere with an action taken organic HAP control efficiency. VI. Administrative Requirements or planned by another agency; Within the product and package A. Public Hearing (3) Materially alter the budgetary rotogravure and wide-web flexographic impact of entitlements, grants, user fees, segments, use of non-HAP materials is A public hearing will be held, if or loan programs or the rights and encouraged by expressing the overall requested, to discuss the proposed obligations of recipients thereof; or organic HAP limitation in terms of kg of standards in accordance with section 307(d)(5) of the Act. Persons wishing to (4) Raise novel legal or policy issues organic HAP emitted per kg of solids arising out of legal mandates, the applied. Use of low HAP materials make an oral presentation on the proposed standards for printing and President’s priorities, or the principles decreases the required overall control set forth in the Executive Order. efficiency. If materials averaging less publishing should contact the EPA at than 0.20 kg organic HAP per kg solids the address given in the ADDRESSES Pursuant to the terms of the Executive applied are used, no control device is section of this preamble. Oral Order, OMB has notified EPA that it required. This provision makes the use presentations will be limited to 15 considers this a ‘‘significant regulatory of waterborne materials without control minutes each. Any member of the action’’ within the meaning of the devices feasible for most applications. public may file a written statement Executive Order. EPA has submitted before, during, or within 30 days after this action to OMB for review. Changes L. Solicitation of Comments the hearing. Written statements should made in response to OMB suggestions or The Administrator welcomes be addressed to the Air and Radiation recommendations will be documented comments from interested persons on Docket address given in the in the public record. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13683 D. Enhancing the Intergovernmental (2) Annual compliance costs as a Act of 1980, as shown above. Further Partnership under Executive Order percent of sales are at least 20 percent information on the initial RFA is 12875 higher for small entities, or available in the background information In compliance with Executive Order (3) Capital cost of compliance document. represent a significant portion of capital 12875 we have involved state, local, and G. Clean Air Act Section 117 tribal governments in the development available to small entities, or (4) The requirements of the regulation of this rule. State and local air pollution In accordance with section 117 of the are likely to result in closures of small control associations participated in Act, publication of this proposal was entities. work group meetings and made preceded by consultation with A ‘‘substantial number’’ of small appropriate advisory committees, comments which were incorporated in entities is generally considered to be the proposed rule. independent experts, and Federal more than 20 percent of the small departments and agencies. The E. Paperwork Reduction Act entities in the affected industry. Administrator welcomes comment on The information collection In addition to the requirement above, all aspects of the proposed regulation, requirements in this proposed rule have the Agency requires a final RFA if any including health, economic, been submitted for approval to OMB small business impacts are attributed to technological, or other aspects. a regulatory action for any action under the Paperwork Reduction Act, 44 H. Regulatory Review U.S.C. 3501 et seq. An Information initiated after April 1992. In this case, Collection Request (ICR) document has the regulatory action began before April In accordance with sections 112(d)(6) been prepared by the EPA (ICR No. 1992, so the former RFA requirements and 112(f)(2) of the Act, this regulation 1739.01) and a copy may be obtained are pertinent. will be reviewed within 8 years from the from Sandy Farmer, Information Policy Consistent with Small Business date of promulgation. This review may Branch, EPA, 401 M Street SW., (2136), Administration (SBA) size standards, a include an assessment of such factors as Washington, DC 20460 or by calling firm is classified as a small entity if it evaluation of the residual health risk, (202) 260–2740. has less than 500 employees for most of any overlap with other programs, the The public reporting burden for this the affected industries at the 4-digit SIC existence of alternative methods, collection of information is estimated to code level, 750 for 3 affected industries enforceability, improvements in average 251 hours per respondent for at that level (2656—sanitary food emission control technology and health the first year after the date of containers, 2657—folding paperboard data, and the recordkeeping and promulgation of the rule, including time boxes, and 3221—glass containers), and reporting requirements. 1,000 for 1 affected industry (3411— for reviewing instructions, searching VII. Statutory Authority existing data sources, gathering and metal cans); and is unaffiliated with a maintaining the data needed, and larger entity. The statutory authority for this completing and reviewing the collection Using the information above, none of proposal is provided by sections 101, of information. the firms in the publication gravure 112, 114, 116, and 301 of the Clean Air Send comments regarding the burden sector are small. For the packaging and Act, as amended; 42 U.S.C., 7401, 7412, estimate or any other aspect of this product gravure sector, 29 out of 60 7414, 7416, and 7601. firms, or 48.3 percent are classified as collection of information, including List of Subjects in 40 CFR Part 63 suggestions for reducing this burden, to small. For the flexographic sector, Chief, Information Policy Branch, 2136, virtually all of the affected firms are Environmental protection, Air U.S. Environmental Protection Agency, small. pollution control, Hazardous 401 M Street SW., Washington, DC Data were available to examine all substances, Reporting and 20460; and to the Office of Management four of the criteria. recordkeeping requirements, Standard and Budget, Washington, DC 20503, For the first criterion, the maximum for printing and publishing industry. marked ‘‘Attention: Desk Officer for the increase in the total cost of production Dated: March 1, 1995. EPA.’’ The final rule will respond to any from compliance with the standard is, Carol M. Browner, OMB or public comments on the on average, 1.4 percent for affected Administrator. information collection requirements small entities. This is not a significant [FR Doc. 95–5983 Filed 3–13–95; 8:45 am] increase. For the second, annual contained in this proposal. BILLING CODE 6560±50±P compliance costs as a percentage of F. Regulatory Flexibility Act sales were calculated to be 9 percent The Regulatory Flexibility Act (or higher for small entities, and this is not 40 CFR Part 70 RFA, Public Law 96–354, September 19, significant. For the third criterion, the 1980) requires Federal agencies to give increase in costs from compliance as a [AD-FRL±5172±5] percentage of assets and as a percentage special consideration to the impact of Clean Air Act Proposed Full/Interim of equity was negligible (less than 1 regulation on small businesses. The Approval of Title V Operating Permits percent). For the fourth and final RFA specifies that a final regulatory Program; Clark County Health District, criterion, no small firms are at risk of flexibility analysis must be prepared if Nevada a proposed regulation will have a closure due to the standard. significant economic impact on a In conclusion, and pursuant to section AGENCY: Environmental Protection substantial number of small entities. To 605(b) of the Regulatory Flexibility Act, Agency (EPA). determine whether a final RFA is 5 U.S.C. 605(b), the Administrator ACTION: Proposed rule. required, a screening analysis, otherwise certifies that this rule will not have a known as an initial RFA, is necessary. significant economic impact on a SUMMARY: The EPA proposes interim Regulatory impacts are considered substantial number of small entities. approval of the Operating Permits significant if: The basis for the certification is that the Program submitted by Nevada’s Clark (1) Annual compliance costs increase economic impacts for small entities do County Health District. Alternatively, total costs of production by more than not meet or exceed the criteria in the EPA proposes to grant full approval if 5 percent, or Guidelines to the Regulatory Flexibility specified changes are made. Clark 13684 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules County’s Operating Permit Program was II. Proposed Action and Implications limitations and standards based on all submitted for the purpose of complying applicable emission limitations as well A. Analysis of State Submission with Federal requirements which as monitoring, recordkeeping, and other mandate that States develop, and submit The analysis in this notice focuses on compliance terms sufficient to ensure to EPA, programs for issuing operating the specific elements of Clark County’s compliance with all applicable permits to all major stationary sources, title V program that must be corrected requirements. Sources may request and to certain other sources. to meet the minimum requirements of provisions for operational flexibility. 40 CFR part 70. The full program (APCR sections 19.4 and 19.7) DATES: Comments on this proposed submittal, the Technical Support c. Public Participation and EPA action must be received in writing by Document, and other relevant materials oversight (40 CFR 70.7): The public will April 13, 1995. are available for inspection as part of the be provided notice of and an ADDRESSES: Comments should be public docket. The docket may be opportunity to comment on each addressed to Ed Pike at the Region IX viewed during regular business hours at proposed part 70 source permit, permit address below. Copies of the State’s the address listed above. renewal, and significant modification. Each part 70 permit, permit renewal, submittal and other supporting 1. Support Materials significant modification, and minor information used in developing the The Clark County Health District permit modification is subject to EPA proposed rule are available for (‘‘District’’), which is delegated oversight and veto. (APCR section 19.5) inspection during normal business authority to implement part 70 under d. Variances (40 CFR 70.11): hours at the following location: US EPA, state law (Nevada Revised Statues Variances may not be granted from 75 Hawthorne Street, San Francisco, CA ‘‘NRS’’ section 445.546), submitted an either applicable requirements or part 94105. administratively complete part 70 70 requirements. Therefore, the variance FOR FURTHER INFORMATION CONTACT: Ed permitting program on January 20, 1994 provisions of the rule will not affect the Pike (telephone 415/744–1248), Mail with a letter requesting EPA’s approval. enforcement authority required under Code A–5–2, US EPA, Region IX, Air & The submittal contained regulations part 70. (May 26, 1994 amendment to Toxics Division, 75 Hawthorne Street, adopted by the District Board of Health APCR section 7) San Francisco, CA 94105. on November 18, 1993. The District e. Permit Modifications (40 CFR 70.7): Counsel concurrently submitted an Sources may apply for expedited permit SUPPLEMENTARY INFORMATION: opinion that the Health District has changes for minor permit modifications. I. Background and Purpose sufficient authority to implement the Significant modifications must undergo program. The District adopted several the full part 70 permit issuance A. Introduction rule modifications on May 26, 1994 and procedures. Significant modifications submitted these modifications on July include all title I modifications and all As required under title V of the Clean 18, 1994. changes to case-by-case emissions limits Air Act (‘‘the Act’’) as amended (1990), The submittal contains a description such as New Source Review limits. EPA has promulgated rules that define of how the District will implement the (APCR section 19.5) the minimum elements of an approvable program consistent with the Clean Air 3. Permit Fee Demonstration State operating permits program and the Act Amendments of 1990 (42 U.S.C. corresponding standards and 7401–7671q) and 40 CFR part 70. The Clark County will collect permit and procedures by which EPA will approve, submittal also includes sample permits, emissions-based fees that are projected oversee, and withdraw approval of State permit applications, and reporting at $289,000 ($33.16 per ton of pollutant operating permits programs (see 57 FR forms. EPA intends to develop an subject to the presumptive minimum) 32250 (July 21, 1992)). These rules are implementation agreement with the by the end of the ramp-up period in codified at 40 Code of Federal District by the time EPA takes final 1995 and $387,000 in 1996. Fees will be Regulations (CFR) Part 70. Title V action on the program. adjusted annually by the Consumer requires States to develop, and submit Price Index beginning in 1997. The to EPA, programs for issuing these 2. Title V Regulations and Program District’s fees for the first four years of operating permits to all major stationary Implementation the program exceed, in the aggregate, sources and to certain other sources. The District adopted section nineteen the fees presumed sufficient to fund the The Act requires that States develop and revised section zero of the Air program (40 CFR 70.9). Therefore, EPA and submit these programs to EPA by Pollution Control Regulations to meet believes that the County will collect November 15, 1993, and that EPA act to the requirements of part 70. The District sufficient fees to implement the part 70 approve or disapprove each program also relies on sections two, four, five, permitting program. six, seven, eight, nine, ten, and eighteen within one year after receiving the 4. Provisions Implementing the of its Air Pollution Control Regulations submittal. EPA’s program review occurs Requirements of Other Titles of the Act pursuant to section 502 of the Act and (‘‘APCR’’) to implement the permitting program consistent with part 70 a. Title III—The District has the part 70 regulations, which together demonstrated in its title V program outline criteria for approval or requirements. a. Applicability (40 CFR 70.2 and submittal broad legal authority to disapproval. 70.3): The District will permit all major incorporate into permits and enforce all Where a program substantially, but sources and all acid rain sources as applicable requirements, including not fully, meets the requirements of Part required by part 70. The District will section 112 standards. The District also 70, EPA may grant the program interim also permit non-major sources subject to made a commitment to implement all approval for a period of up to two years. New Source Performance Standards or section 112 requirements (July 18, 1994 If EPA has not fully approved a program National Emission Standards for program update). The EPA regards the by two years after the November 15, Hazardous Air Pollutants. (APCR program submittal and commitment as a 1993 date, or by the end of an interim section 19.3) demonstration that the District currently program, it must establish and b. Permit Content (40 CFR 70.6): Each has statutory and regulatory authority to implement a Federal program. part 70 permit must contain emission carry out all section 112 requirements Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13685 required by part 70 and an (5) to qualify for full approval and e. Applicable Requirements and acknowledgment by the District that it should ensure that the commitments National Ambient Air Quality is obligated to obtain any further meet the criteria in section 70.10(c)(iii). Standards (NAAQS). The District must regulatory authority needed to issue b. Operational Flexibility Gatekeeper. add NAAQS, visibility, and increment permits that assure compliance with The District’s operational flexibility requirements for temporary sources to section 112 applicable requirements. gatekeeper (APCR section 19.4.1.8) is the definition of applicable EPA is interpreting the above legal not explicitly as broad as the section requirements (40 CFR 70.3). Sources authority and commitment to mean that 70.4(b)(12) gatekeeper for section that temporarily operate at multiple the District is able to carry out all 502(b)(10) changes. Part 70 prohibits locations, such as non-metallic minerals section 112 activities. For further operational flexibility for processors or asphalt batch plants, may discussion, please refer to the Technical ‘‘modifications under any provision of qualify for temporary source permits. Support Document and the April 13, title I of the Act.’’ In contrast, the The temporary source permits issued to 1993 guidance memorandum titled District prohibits these changes for any these sources must require compliance ‘‘Title V Program Approval Criteria for ‘‘New Source Review modifications with applicable requirements, as Section 112 Activities,’’ signed by John under any provision of title I of the defined in part 70, at each location. Seitz, Director of EPA’s Office of Air Act,’’ which does not expressly include f. Early reductions permit deadline. Quality Planning and Standards. modifications under sections 111 and The District must add a deadline of nine b. Title IV—The District committed in 112. EPA expects that most section 111 months or less for early reductions its July 18, 1994 program update to or 112 modifications will be subject to permits issued under section 112(i)(5) of obtain by January 1, 1995 the necessary the District’s New Source Review the Act (40 CFR 70.4(b)(11)). regulatory authority to administer an program; however, in certain cases the 2. Interim Approval acid rain program and to make section 111 or 112 modification The program substantially meets the regulatory revisions as necessary to definition will be more inclusive than requirements of part 70 as required accommodate federal revisions and the District’s New Source Review rule. additions. The District has drafted, but under section 70.4. The EPA proposes to Therefore, revising the rule to explicitly grant interim approval to the operating not officially adopted, the necessary prohibit section 502(b)(10) changes for regulations. EPA anticipates that these permits program submitted by the all title I modifications is a requirement District on January 20, 1994 and regulations will be adopted by the time for full approval. EPA takes final action on this program. updated on July 18, 1994 if the changes c. Confidential Business Information. listed above are not made prior to the B. Options for Approval/Disapproval The District Counsel’s opinion does not final action on the program. This and Implications document that the District’s definition interim approval would be changed to a of confidential business information 1. Changes Necessary for Full Approval full approval if the County subsequently (‘‘CBI’’), which is not available to the makes the changes necessary for full EPA is proposing to grant full public, is as narrow as EPA’s. Section approval. Permits issued under a approval under section 502 of the Act to 19.3.1.3 states that ‘‘emissions’’ may not program with interim approval have full the program if the changes listed below be considered confidential. EPA’s standing with respect to part 70, and the are made. If the District has not adopted regulation states that ‘‘emissions data’’ one year time period for submittal of regulations incorporating these may not be considered confidential. (40 permit applications by subject sources provisions and submitted them to EPA CFR 2.301) The District must adopt begins upon interim approval, as does as part of its operating permit program EPA’s narrower definition of the three year time period for processing by the time EPA takes final rulemaking confidential information. Alternatively, the initial permit applications. action, EPA will grant the District’s the District Counsel must issue a program interim approval at that time. statement that the District’s program 3. Sanctions and Federal Program Please refer to the Technical Support does not contain more restrictions on If EPA were to finalize this proposed Document, which is included in the public access to information than the interim approval, it would extend for docket, for additional details. federal regulations. two years following the effective date of a. Enforcement Commitments. The d. Insignificant Activities. The District final interim approval, and could not be District must submit documentation and submitted criteria defining which units renewed. During the interim approval commitments for implementing its that are not subject to the part 70 period, the District would be protected enforcement and compliance tracking permitting program. For criteria from sanctions, and EPA would not be program. Part 70 requires that the pollutants, the rule exemption threshold obligated to promulgate, administer and District submit enforcement policies, is based on potential emissions of either enforce a Federal permits program in including agreements with the EPA, and one or two tons per year. EPA believes Clark County. a description of the District’s these criteria pollutant thresholds are Following final interim approval, if enforcement program, compliance acceptable. The rule also exempts units the District failed to submit a complete tracking activities, and inspection with potential emissions of 200 pounds corrective program for full approval by strategies. (40 CFR 70.4(b)(4) and (5)) In per year of hazardous air pollutants the date 6 months before expiration of addition, failure to act on violations of (HAPs). EPA believes that this threshold the interim approval, EPA would start permits or other program requirements, is acceptable except for very hazardous an 18-month clock for mandatory failure to seek adequate penalties and substances for which EPA has sanctions. If the District then failed to fines and collect all assessed penalties promulgated or proposed a lower title I submit a corrective program that EPA and fines, and failure to inspect and modification threshold. To receive full found complete before the expiration of monitor activities subject to regulation approval, the District’s exemption that 18-month period, EPA would be are grounds for withdrawing program should be no less stringent than these required to apply one of the sanctions approval. (40 CFR 70.10(c)(iii)) thresholds. In addition, the program in section 179(b) of the Act, which Therefore, the District must submit the must require sources to identify permit would remain in effect until EPA descriptions and/or commitments exemptions on their applications. (40 determined that the District had required under sections 70.4(b)(4) and CFR 70.5(c)). corrected the deficiency by submitting a 13686 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules complete corrective program. Moreover, a 112(g) rule. EPA has published an section 112(l)(5) and 40 CFR 63.91 of if the Administrator found a lack of interpretive notice in the Federal the District’s program for receiving good faith on the part of the District, Register that interprets section 112(g) to delegation of section 112 standards that both sanctions under section 179(b) allow State and local agencies to delay are unchanged from Federal standards would apply after the expiration of the implementing 112(g) of the Act until as promulgated. This program for 18-month period until the EPA promulgates a final 112(g) rule. delegations only applies to sources Administrator determined that the Alternatively, State and local agencies covered by the part 70 program. District had come into compliance. In may implement the requirements of any case, if, six months after application 112(g) prior to EPA promulgation of the III. Administrative Requirements of the first sanction, the District still had 112(g) rule as a matter of State or local A. Request for Public Comments not submitted a corrective program that law. 60 FR 8333 (February 14, 1995) The EPA found complete, a second sanction notice also states that EPA is The EPA is requesting comments on would be required. considering whether to further delay the all aspects of this proposed full/interim If, following final interim approval, effective date of section 112(g) beyond approval. Copies of the State’s submittal EPA were to disapprove the District’s the date of promulgation of the Federal and other information relied upon for complete corrective program, EPA rule so as to allow State and local the proposed interim approval are would be required to apply one of the agencies time to adopt rules contained in a docket maintained at the section 179(b) sanctions on the date 18 implementing the Federal rule. EPA will EPA Regional Office. The docket is an months after the effective date of the provide for any such additional delay in disapproval, unless prior to that date the the final section 112(g) rulemaking. organized and complete file of all the District had submitted a revised Unless and until EPA provides for such information submitted to, or otherwise program and EPA had determined that an additional postponement of section considered by, EPA in the development it corrected the deficiencies that 112(g), the District must be able to of this proposed full/interim approval. prompted the disapproval. Moreover, if implement section 112(g) during the The principal purposes of the docket the Administrator found a lack of good period between promulgation of the are: faith on the part of the District, both Federal section 112(g) rule and adoption (1) to allow interested parties a means sanctions under section 179(b) would of implementing District regulations and to identify and locate documents so that apply after the expiration of the 18- may choose to implement section 112(g) they can effectively participate in the month period until the Administrator sooner as a matter of local law. approval/disapproval process, and determined that the District had come For this reason, EPA is proposing to into compliance. In all cases, if, six approve the District’s preconstruction (2) to serve as the record in case of months after EPA applied the first review program as a mechanism to judicial review. The EPA will consider sanction, the District had not submitted implement section 112(g) during the any comments received by April 13, a revised program that EPA had transition period between promulgation 1995. determined corrected the deficiencies of the section 112(g) rule and District B. Executive Order 12866 that prompted disapproval, a second adoption of rules specifically designed sanction would be required. to implement section 112(g). However, The Office of Management and Budget In addition, discretionary sanctions since approval is intended solely to has exempted this regulatory action may be applied where warranted any confirm that State and local agencies from Executive Order 12866 review. time after the end of an interim approval have a mechanism to implement section period if the District has not timely 112(g) during the transition period, the C. Regulatory Flexibility Act submitted a complete corrective approval itself will be without effect if program or EPA has disapproved a EPA decides in the final section 112(g) The EPA’s actions under section 502 submitted corrective program. rule that there will be no transition of the Act do not create any new Moreover, if EPA has not granted full period. The EPA is proposing that requirements, but simply address approval to the District’s program by the twelve months will be adequate for the operating permits programs submitted expiration of an interim approval and District to adopt implementing to satisfy the requirements of 40 CFR that expiration occurs after November regulations but solicits comments on Part 70. Because this action does not 15, 1995, EPA must promulgate, whether this timeframe will be impose any new requirements, it does administer and enforce a Federal adequate. not have a significant impact on a permits program for the District upon 5. Approval of Program for Straight substantial number of small entities. interim approval expiration. Delegation of Section 112 Standards List of Subjects in 40 CFR Part 70 4. Approval of Preconstruction Program Under the Authority of Section 112(l) of for Section 112(g) Case-by-Case MACT the Act Environmental Protection, Determinations Requirements for approval, specified Administrative practice and procedure, Clark County will be required to in 40 CFR 70.4(b), encompass section Air pollution control, Intergovernmental implement the Maximum Achievable 112(l)(5) requirements for approval of a relations, Operating permits, Reporting Control Technology requirements of program for delegation of section 112 and recordkeeping requirements. section 112(g) of the Act as a component General Provisions subpart A and Authority: 42 U.S.C. 7401, et seq. of the part 70 program. The EPA is standards as promulgated by EPA as Dated: February 25, 1995. proposing to approve the District’s they apply to part 70 sources. Section Felicia Marcus, preconstruction permitting program, 112(l)(5) requires that the District’s found in section 12 of the District rules, program contain adequate authorities, Regional Administrator. under the authority of title V and part adequate resources for implementation, [FR Doc. 95–6267 Filed 3–13–95; 8:45 am] 70 solely for the purpose of and an expeditious compliance BILLING CODE 6560±50±P implementing section 112(g) during the schedule, which are also requirements transition period between the effective under part 70. Therefore, the EPA is also date of 112(g) and District adoption of proposing to grant approval under Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13687 FEDERAL COMMUNICATIONS 1. On February 22, 1995, the petition.4 The National Association of COMMISSION American Mobile Satellite Corporation Broadcasters has stated that it has no (AMSC) petitioned the Commission to objection to extending the comment 47 CFR Part 2 extend the pleading cycle for comments periods.5 to the Notice of Proposed Rule Making 3. Celsat, Inc. (Celsat), another [ET Docket No. 95±18; DA 95±426] in the above-captioned proceeding, ET petitioner in this proceeding, opposes Docket No. 95–18, FCC 95–39, released AMSC’s petition for extension of time. Allocation of Spectrum at 2 GHz for January 31, 1995 (60 FR 11644, March Celsat argues that most of the Use by the Mobile-Satellite Service 2, 1995). AMSC requests an extension frequencies at issue in this proceeding AGENCY: Federal Communications for comments from March 9, 1995 to were allocated for MSS use at the 1992 Commission. May 5, 1995; and for reply comments World Administrative Radio Conference, and it is therefore ACTION: Proposed rule; extension of form March 27, 1995 to June 6, 1995. 2. AMSC, one of the original unnecessary to wait for WRC–95 or its time. petitioners in this proceeding, observes preparatory meetings to make this SUMMARY: By this order, the Chief, that preparations for the 1995 allocation. Further, adds Celsat, the Office of Engineering and Technology, Worldwide Radiocommunications WRC–95 CPM will primarily involve extends the deadline for filing Conference (WRC–95) are well under technical, regulatory and procedural comments in response to the Notice of way, and that many of the entities likely constraints associated with additional Proposed Rule Making in this to comment in this proceeding are part MSS allocations in the 1–3 GHz bands, proceeding on allocation of spectrum at of the Industry Advisory Committee to and this allocation is not an issue at that 2 GHz for use by the Mobile-Satellite the WRC–95 Conference Preparation meeting.6 Celsat also contends that the Service. This Order grants the petition Meeting (CPM), to be held March 22- meetings between the MSS community of the American Mobile Satellite April 5, 1995, in Geneva. The CPM will and broadcasting and microwave Corporation for an extension of the consider, inter alia, technical studies licensees are preliminary in nature, and deadline for comments. The petitioner pertaining to sharing of the 2 GHz band provide no basis for delaying this 7 and commenters argue that preparations between mobile-satellite and terrestrial proceeding. Celsat argues that we have 1 under way for the 1995 World users. In supporting comments, recognized that it is in the public Radiocommunications Conference and COMSAT Corporation (COMSAT) states interest to expeditiously implement and meetings being held among members of that meetings are currently ongoing license MSS, and we should therefore 8 the Mobile-Satellite Service, between the mobile-satellite community not delay this proceeding. 4. Although the Commission does not broadcasting, microwave and private and the broadcasting and microwave routinely grant extensions of time,9 we radio communities will produce communities to evaluate the possibility agree with AMSC and supporting information pertinent to this of satellite-terrestrial sharing in this commenters that the public interest proceeding, and request the extension in band and to consider issues relating to would be better served if we permit order to integrate this information into a possible relocation of current additional time for submitting their comments. Although Commission broadcast and microwave licensees in comments in this proceeding. Not only policy not to routinely grant petitions the band. COMSAT will use data developed in this process to conduct would an extension provide additional for extension of time, we agree that this computer simulations of potential time for gathering and evaluating data information will allow us to make better mutual interference between Mobile- on MSS-terrestrial sharing in the informed decisions, and that the Satellite Service (MSS) and terrestrial proposed allocation, but meetings requested extension is in the public users.2 AMSC and COMSAT also point between the MSS community and the interest. We therefore find good cause out that the staffs of many entities likely incumbents of the candidate band will has been shown for extension of the to comment in this proceeding are be helpful in establishing a sharing and comment period, and order that the intensely preparing for WRC–95 and relocation regime acceptable to all comment deadline in this proceeding is other international meetings, including affected parties. We find that comments extended form March 9, 1995, to May 5, drafting reply comments to the informed by the results of WRC–95 1995; and that the reply comment Commission’s Notice of Inquiry in preparations and industry consultation deadline is extended from March 27, preparation for WRC–95, IC Docket No. will allow the Commission to make 1995, to June 6, 1995. 94–31, FCC 95–36, 60 FR 8994, better decisions than would be possible DATES: Comments are due May 5, 1995. February 16, 1995 3 AMSC argues that without this information. The two- Reply comments are due June 6, 1995. extending the comment and reply month delay in this proceeding is FOR FURTHER INFORMATION CONTACT: comment periods will allow justified by the quantity and quality of Sean White, Office of Engineering and commenters to gather more information information we will have as a result. On Technology, (202) 776–1624. and take more time and care in balance, we find that the public interest SUPPLEMENTARY INFORMATION: In the preparing complete and precise would best be served by granting the matter of Amendment of Section 2.106 comments, which will provide us with of the Commission’s Rules to Allocate more complete information upon which 4 Letter from N. Leventhal, Leventhal, Senter & to base our decisions in this proceeding. Lerman to W. Caton, Federal Communications Spectrum at 2 GHz for Use by the Commission, February 27, 1995; Motorola, Mobile-Satellite Service. In addition to COMSAT, TRW Inc. and Comments in Support of Motion for Extension of Motorola Satellite Communications, Inc. Time (February 27, 1995). [ET Docket No. 95±18 RM±7927] filed comments in support of AMSC’s 5 See National Association of Broadcasters et al., No Opposition to Motion for Extension of Time, ET Order Granting Request to Defer 1 See AMSC, Motion for Extension of Time, ET Docket No. 95–18 (February 28, 1995). Comment Dates Docket No. 95–18 at 1–2 (February 22, 1995). 6 See Celsat, Inc., Opposition to Motion for 2 Extension of Time, ET Docket No. 95–18 at 3–4 Adopted: March 3, 1995. See COMSAT, Comments on Motion for Extension of Time, ET Docket No. 95–18 at 1–2 (February 27, 1995). Released: March 8, 1995. (February 27, 1995). 7 See Id. at 4. By the Office of Engineering and 3 See AMSC Motion at 2, COMSAT Comments at 8 See Id. at 4–5. Technology. 2. 9 See 47 CFR 1.46(a). 13688 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules extension. Accordingly, for good cause Standards, National Highway Traffic hatchbacks to the rear of all designated shown, it is ordered That the date for Safety Administration, 400 Seventh seating positions. GM subsequently filing comments in this matter is Street, SW., Washington, DC 20590. Ms. amended its petition, limiting it to Item extended to May 5, 1995, and the date Gill’s telephone number is: (202) 366– 4 glazing. (Item 4 glazing is required to for filing reply comments is extended to 6651. transmit at least 70 percent of the light June 6, 1995. striking it; Item 5 glazing has no such SUPPLEMENTARY INFORMATION: 5. This action is taken pursuant to requirement.) GM suggested further that authority found in Sections 4 (i), 302 Background Item 4 glazing be used in only those and 303 of the Communications Act of Federal Motor Vehicle Safety station wagons and hatchbacks that 1934, as amended, 47 U.S.C. 154(i), 302, Standard (FMVSS) No. 205, Glazing provide means (e.g., exterior passenger- 303; and pursuant to Sections 0.31 and Materials (49 CFR 571.205), specifies side mirrors) of affording visibility of 1.46 of the Commission’s Rules, 47 CFR performance requirements for the types the highway to the side and rear of the 0.31, 1.46. For further information of glazing that may be installed in motor vehicle. The limitation of the contact Sean White, Office of vehicles. It also specifies the vehicle installation to locations rearward of any Engineering and Technology, (202) 776– locations in which the various types of designated seating position and to 1624. glazing may be installed. The standard vehicles with exterior passenger side Federal Communications Commission. incorporates, by reference, American rearview mirrors was intended to Bruce A. Franca, National Standards Institute (ANS) address agency concerns that led to the Deputy Chief, Office of Engineering and Standard Z26.1, ‘‘Safety Code for Safety denial of an earlier, somewhat similar Technology. Glazing Materials for Glazing Motor petition by the American Automobile [FR Doc. 95–6215 Filed 3–13–95; 8:45 am] Vehicles Operating on Land Highways,’’ Manufacturers’ Association (AAMA) BILLING CODE 6712±01±M as amended through 1980 (Z26). The (April 6, 1993; 58 FR 17787). AAMA’s requirements in ANS Z26.1 are petition is discussed in detail later in specified in terms of performance tests this notice. DEPARTMENT OF TRANSPORTATION that the various types or ‘‘items’’ of In support of its petition, GM stated glazing must pass. There are 20 ‘‘items’’ that the potential benefits of permitting National Highway Traffic Safety of glazing for which requirements are plastic glazing in side windows would Administration currently specified in Standard No. 205. be reduced mass and greater design To ensure the safety performance of flexibility. GM asserted that the weight 49 CFR Part 571 vehicle glazing, Standard No. 205 of plastics used in automotive glazing is [Docket No. 95±13, Notice 01] includes a total of 31 specific tests. Each about half that of tempered glass of the item of glazing is subjected to a selected same thickness. GM further asserted RIN 2127±AF28 group of these tests. It is the particular plastics, while retaining good optical Federal Motor Vehicle Safety combination of tests that dictates the quality, can be molded into more Standards; Glazing Materials requisite properties of a particular item complex shapes than glass. GM of glazing, and where in a motor vehicle concluded that the combined effect of AGENCY: National Highway Traffic the glazing may be installed. the more aerodynamic designs possible Safety Administration (NHTSA), Rigid plastic materials, such as those with plastic glazing and the reduced Department of Transportation (DOT). referenced in this rulemaking, are weight will lower a vehicle’s fuel ACTION: Grant of petition for rulemaking; considered to be Items 4 and 5 glazing. consumption. notice of proposed rulemaking (NPRM). Since they are more susceptible to GM acknowledged that Tests 17, abrasion than glass, these materials are Abrasion Resistance (Plastics), and 18, SUMMARY: NHTSA proposes to permit currently not permitted to be installed Abrasion Resistance (Safety Glass), of the installation of a new item of motor in those areas requisite for driving ANS Z26 indicate that plastics are not vehicle glazing, Item 4A—Rigid Plastic visibility. All windows in a passenger as abrasion resistant as glass. However, for Use in Side Windows Rearward of car are considered requisite for driving GM suggested that concerns about the the ‘‘C’’ Pillar, in hatchbacks and station visibility. Therefore, Items 4 and 5 abrasion resistance of plastic glazing wagons. This NPRM responds to a glazing may not be used in those may not be well founded, asserting that petition for rulemaking from General windows. Instead, they may be used for some evidence shows that Tests 17 and Motors. In issuing this proposal, the such things as internal partitions and 18 ‘‘are not necessarily predictive’’ of agency seeks to provide greater covers for openings in the car roof. More how glazing will perform under actual flexibility for manufacturers to develop extensive use is permitted in trucks use conditions. In support of its and use more aerodynamic, lighter (e.g., pickup trucks and cargo vans) assertion, GM attached a summary of a weight glazing designs, resulting in since they do not have designated study performed by a plastics supplier lower fuel consumption. seating positions rearward of the on a 1988 GM Pontiac Fiero GT sail DATES: Comments must be received on driver’s position. In those vehicles, panel. The sail panel extends rearward or before May 15, 1995. Items 4 and 5 may be used in windows from a position between the rearmost ADDRESSES: All comments must refer to to the rear of the driver if other means side window and the rear or back the docket number and notice number for affording visibility are provided. window. The panel was made of of this notice and be submitted, abrasion-resistant coated Plexiglas preferably in ten copies, to: Docket GM Petition Resin. GM stated that in the study the Section, Room 5109, National Highway By letter dated December 15, 1993, haze of a six year old sail panel was Traffic Safety Administration, 400 General Motors (GM) petitioned the measured and compared to the haze of Seventh Street, SW., Washington, DC agency to amend Standard No. 205 to a new replacement part. GM concluded 20590. Docket hours are from 9:30 am relax the limitations on the installation that after six years, during which time to 4 pm, Monday through Friday. of Items 4 and 5 rigid plastic glazing so the Fiero was driven over 41,000 miles, FOR FURTHER INFORMATION CONTACT: Ms. that they can be installed in the side ‘‘the haze increased from 0.49% to Margaret Gill, Office of Vehicle Safety windows of station wagons and 0.87%, a difference of only 0.38%.’’ Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13689 GM further asserted that permitting AAMA petition, NHTSA expressed issues this proposal. As explained rigid plastic in side windows would not concern that permitting rigid plastics below, NHTSA proposes to amend affect visibility because it believed that behind the ‘‘B’’ pillar, (a location in Standard No. 205 by permitting a new some side windows are not used for which rigid plastics had never been item of glazing, Item 4A. The most visibility. GM analogized station wagon permitted in passenger cars before) salient characteristic of the glazing and hatchback side windows rearward could result in occupants’ heads would be an abrasion resistant outer of the ‘‘C’’ pillar to light truck windows contacting rigid plastic windows. coating. Item 4A glazing would be rearward of the ‘‘B’’ pillar. GM argued NHTSA noted that tests indicated that permitted in all areas where Item 4 that light truck windows rearward of the the breaking of rigid plastic windows glazing is permitted. In addition, the ‘‘B’’ pillar cannot be considered could leave sharp, pointed shards in the agency proposes to permit item 4A ‘‘requisite for operation of the vehicle’’ window frame. These shards could be glazing to be installed in the side for the following reasons: Other means, easily contacted by an occupant’s head windows, rearward of the ‘‘C’’ pillar and typically outside rearview mirrors, are in a crash. NHTSA also expressed forward of the ‘‘D’’ pillar, of station provided for affording visibility to the concern about occupant injury resulting wagons and hatchbacks, if those side and rear of the vehicle; Standard from large shards of rigid plastic glazing windows are not laterally adjacent to an No. 205 does not require glazing be being propelled inward by vehicle outboard designated seating position. provided in these locations; and since impacts with trees, poles, or other NHTSA proposes these changes to light trucks are often used to carry vehicles. Standard No. 205 to provide greater cargo, rear side windows can be In contrast, GM seeks permission to flexibility to manufacturers in selecting obscured by cargo. use plastic glazing in locations not and shaping glazing. Use of the new GM argued similarly that station adjacent to any outboard designated glazing would permit more aerodynamic wagon and hatchback side windows seating position. In those locations, the and lighter weight designs and, in turn, rearward of the ‘‘C’’ pillar, adjacent to plastic glazing is unlikely to be adjacent would enhance fuel economy. the vehicle’s cargo area, provide no to occupants. Limiting the use of plastic NHTSA proposes to make Item 4A more than auxiliary visibility. Thus, GM glazing in this manner would glazing subject to all the tests applicable argued station wagon side windows considerably reduce the chances of to Item 4 glazing: tests nos. 2 (Luminous rearward of the ‘‘C’’ pillar should no occupant head injury. Transmittance); 10 (Dart Test); 13 (Ball longer be considered requisite for Abrasion resistance and strength Test); 16 (Weathering); 17 Abrasion driving visibility if the driver is tests. In denying the AAMA petition, Resistance (Plastics)(as modified); 19 provided other means, such as outside NHTSA expressed concern that the rigid Chemical Resistance (Nonstressed); 20 rearview mirrors, of viewing the plastic glazing sought by AAMA would Chemical Resistance (Stressed); 21 highway to the side and rear of the result in the use of glazing with greater Dimensional Stability (Warpage); and 24 vehicle. susceptibility to reduced visibility and Flammability. that would be weaker and thus have Since Item 4A glazing is proposed for Comparison of GM and AAMA more dangerous fracture characteristics a location requisite for driving visibility, Petitions and Decision to Grant GM than the glazing currently permitted in the agency proposes to supplement Test Petition areas requisite for driving visibility. In No. 17 Abrasion Resistance (Plastics). In considering whether to grant GM’s its petition, AAMA requested that the NHTSA tentatively concludes the petition, the agency reviewed its 1993 exterior side of rigid plastics be additional requirements regarding decision to deny the AAMA petition subjected to abrasion tests less stringent abrasion are necessary because the mentioned above. In its petition, the than Standard No. 205’s present tests for agency does not concur with GM’s AAMA requested that Standard No. 205 materials permitted in areas requisite for suggestion that the rearmost side be amended to permit the installation of driving visibility. AAMA also requested windows in station wagons and an existing item of plastic glazing in that rigid plastics be subjected to hatchback vehicles are not requisite for fixed or hinged windows rearward of strength tests less stringent than driving safety. That the views through the ‘‘B’’ pillar. These windows are in Standard No. 205’s present tests for station wagon or hatchback side areas requisite for driving visibility. materials permitted in those areas. windows on rare occasions may be Some of these windows were also next NHTSA believes that reasons for obscured by cargo does not mean that to designated seating positions. AAMA concern about strength would be rearmost side windows on these contended that coated plastic glazing significantly diminished if the passenger cars are not ‘‘requisite for resists abrasion well enough to be suggestions in GM’s petition were driving visibility.’’ Since the agency is permitted in those locations and adopted in a final rule. Although the proposing a more stringent abrasion test, suggested hazing and weathering tests glazing sought by GM would not be it concluded that it was not necessary to that would have had the effect of subject to strength tests that are more propose the adoption of GM’s requiring that the rigid plastic glazing be stringent than the strength tests suggestion that use of the rigid plastic coated. In denying AAMA’s petition, applicable to the AAMA glazing, the glazing be limited to vehicles that NHTSA stated that permitting use of GM glazing would, as noted above, be provide means (e.g., exterior passenger- plastic glazing in areas requisite for used in different locations than the side mirrors) of affording visibility of driving visibility raised potential safety AAMA glazing. Unlike the AAMA the highway to the side and rear of the problems related to fracturing, abrasion glazing, the GM glazing would not be vehicle. resistance, strength, and head contact. used adjacent to any seating position. Test 17 specifies that after measuring Further, the agency noted that the Thus, the GM glazing would be much the initial or pre-abrasion haze of three petitioner did not provide any data less likely to pose any risk to occupants specimens of plastic glazing, those addressing these safety concerns. in the event that it is broken in a crash. specimens are subjected to an abrader The agency’s review of the two for 100 cycles. The initial haze is petitions revealed several significant Notice of Proposed Rulemaking subtracted from the amount of haze differences which are described below. On March 11, 1994, NHTSA granted measured after abrasion. The Danger of head injuries from broken GM’s petition for rulemaking. Pursuant incremental haze caused by the abrasion rigid plastic glazing. In denying the to the granting of the petition, NHTSA must not exceed 15 percent. 13690 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules NHTSA proposes that the interior side by GM to achieve good performance in be permitted in station wagons and of Item 4A glazing be subjected to Test its Fiero GT sail panel example, NHTSA hatchbacks, rearward of the ‘‘C’’ pillar 17, as modified in Standard No. 205 for believes it is also necessary to test at and forward of the ‘‘D’’ pillar. It is the interior side of glass-plastic glazing. least the exterior side of fixed glazing believed that use of this new item of As modified for that glazing, Test 17 for longer term resistance to abrasion. glazing would make possible reduced does not regulate incremental haze. For NHTSA therefore proposes to subject weight and better aerodynamic design of that reason, it does not provide for the exterior side of item 4A glazing test vehicles resulting in the use of less fuel. measuring the initial haze and specimens to an additional 400 cycles of However, the fuel savings would be subtracting that haze from the post- abrasion. Based in part on information slight. For these reasons, NHTSA abrasion haze. Instead, modified Test 17 from the AAMA, NHTSA proposes 10 believes that this proposal would not regulates total haze. That haze must not percent as the maximum permissible impose any additional costs and would exceed 4 percent. haze after those additional cycles. This not yield any significant savings. Thus, As to the exterior side of Item 4A level of performance is thought to be the impacts would be minimal and glazing, NHTSA proposes that it be indicative of hard coated products. GM would not warrant preparation of a full subjected to Test 17, as modified for the submitted data on the performance of regulatory evaluation. interior side of glass-plastic glazing, the coated glazing in the Fiero, but did 2. Regulatory Flexibility Act except that the haze on the exterior side not premise its request regarding plastic must not exceed 4.0 percent after 100 glazing upon the use of coated plastic In accordance with the Regulatory cycles and must not exceed 10.0 percent glazing. Instead, it simply sought Flexibility Act, NHTSA has evaluated after 500 cycles. Specimens used for permission to use uncoated Item 4 the effects of this action on small testing the exterior side of the glazing glazing. The hard coating necessitated entities. Based upon this evaluation, I would not be used for testing the by the additional cycles of abrasion certify that the proposed rule would not interior side. would ensure that Item 4A glazing have a significant economic impact on The agency is proposing to regulate would have the level of abrasion a substantial number of small entities. total haze and not just incremental haze resistance demonstrated by the Fiero GT This proposed rule, if made final, would because of its concern that the initial sail panel. No such assurance exists for not require the use of any particular haze of the plastic glazing would not be Item 4 glazing. The value of hard type of glazing, but would provide as low as it is for glass. In the case of coatings has been demonstrated in manufacturers with more flexibility in glass-plastic glazing and the Fiero panel headlamp applications where plastic the choice of glazing for station wagons cited by GM as an example of viable lenses have been allowed to replace and hatchbacks. Accordingly, this plastic glazing, the initial haze is very glass lenses. The agency believes that proposal would not impose any added low. However, other plastic glazings coating technology should be equally costs on new motor vehicles. may have sufficiently higher levels of suitable for glazing applications. Since initial haze that the amount of haze after 3. Executive Order 12612 (Federalism) windows to the rear of the C pillar do abrasion would be unacceptably high not roll down, coating only the exterior This action has been analyzed in for visibility purposes. accordance with the principles and NHTSA bases the proposed haze side should be sufficient. Since NHTSA is proposing to permit criteria contained in Executive Order limitation of 4.0 percent after 100 cycles a rigid plastic in a passenger car side 12612, and it has been determined that for Item 4A on the final rule that window for the first time, the agency the proposed rule would not have established Item 14 Glass-Plastics solicits comments on the sufficiency of sufficient Federalism implications to glazing, permitted anywhere in a the proposed provisions for warrant preparation of a Federalism hardtop motor vehicle (See 48 FR supplementing Test 17. The agency also Assessment. No State laws would be 52061, November 16, 1983). Glass- affected. plastic glazing consists of laminated welcomes any comments on the glass to which a layer of soft plastic is advisability of permitting rigid plastics 4. National Environmental Policy Act in station wagon side windows rearward bonded on the side facing the interior of The agency has considered the of the ‘‘C’’ pillar and forward of the ‘‘D’’ the vehicle. In the final rule, NHTSA environmental implications of this pillar. stated its belief that available test data proposed rule in accordance with the (based in part on Economic Commission Rulemaking Analyses and Notices National Environmental Policy Act of for Europe (ECE) Regulation 43) 1969 and determined that the proposed 1. Executive Order 12866 and DOT indicated that a 4 percent haze rule would not significantly affect the Regulatory Policies and Procedures limitation for the plastic (interior) side human environment. of glass-plastic glazing is sufficient to This proposed rule was not reviewed minimize the loss of light transmittance under Executive Order 12866 5. Executive Order 12778 (Civil Justice and to provide adequate driving (Regulatory Planning and Review). Reform) visibility. In the 11 year period since NHTSA has analyzed the impact of this This final rule does not have any Item 14 glazing was permitted, NHTSA rulemaking action and determined that retroactive effect. Under 49 U.S.C. has received no reports that the 4 it is not ‘‘significant’’ within the 30103, whenever a Federal motor percent haze limitation level does not meaning of the Department of vehicle safety standard is in effect, a provide adequate driving visibility Transportation’s regulatory policies and State may not adopt or maintain a safety through the windshield. Thus, based on procedures. If made final, this proposed standard applicable to the same aspect that experience, NHTSA believes that a rule would not have any ‘‘significant’’ of performance which is not identical to limitation of 4 percent haze after 100 impact on passenger car and motor the Federal standard, except to the cycles would be appropriate for both the vehicle glazing manufacturers. extent that the State requirement interior and the exterior sides of Item Installation of the new item of glazing imposes a higher level of performance 4A glazing. would not be required. Instead, and applies only to vehicles procured Since the 4 percent haze limitation manufacturers would be provided with for the State’s use. 49 U.S.C. 30161 sets may not ensure that Item 4A glazing has more flexibility in motor vehicle glazing forth a procedure for judicial review of the hard, abrasion resistant coating used because the new item of glazing would final rules establishing, amending or Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13691 revoking Federal motor vehicle safety envelope with their comments. Upon and 24 of ANS Z26.1, may be used in standards. That section does not require receiving the comments, the docket all areas in which item 4 safety glazing submission of a petition for supervisor will return the postcard by may be used. It may also be used in side reconsideration or other administrative mail. windows located between the ‘‘C’’ proceedings before parties may file suit pillars and ‘‘D’’ pillars in any station List of Subjects in 49 CFR Part 571 in court. wagon and hatchback, unless the area Imports, Incorporation by reference, Public Comments between those pillars is laterally Motor vehicle safety, Motor vehicles, adjacent to an outboard designated Interested persons are invited to Rubber and rubber products, Tires. seating position. submit comments on the proposal. It is In consideration of the foregoing, the (b)(1) The specimens are subjected to requested, but not required, that 10 agency proposes to amend, title 49 of abrasion for 100 cycles and then copies be submitted. the Code of Federal Regulations at part carefully wiped with dry lens paper (or All comments must not exceed 15 571 as follows: its equivalent). The light scattered by pages in length. (49 CFR § 553.21). the abraded track is measured in Necessary attachments may be PART 571Ð[AMENDED] accordance with Test 17. The arithmetic appended to these submissions without mean of the percentages of light regard to the 15 page limit. This 1. The authority citation for part 571 scattered by the three specimens as a limitation is intended to encourage would continue to read as follows: result of abrasion shall not exceed 4.0 commenters to detail their primary Authority: 49 U.S.C. 322, 30111, 30115, percent after being subjected to abrasion arguments in a concise fashion. 30117, and 30166; delegation of authority at If a commenter wishes to submit 49 CFR 1.50. for 100 cycles. certain information under a claim of (2) The specimen is remounted on the confidentiality, three copies of the § 571.205 [Amended] specimen holder so that it rotates complete submission, including 2. Section 571.205, would be substantially in a place and subjected to purportedly confidential business amended by revising S5.1.2; revising the abrasion for an additional 400 cycles on information, should be submitted to the first sentence of paragraph (a) of the same track already abraded for 100 Chief Counsel, NHTSA, at the street S5.1.2.10, adding S5.1.2.11, and revising cycles. Specimens are carefully wiped address given above, and seven copies S6.1, to read as follows: after abrasion with dry lens paper (or its from which the purportedly confidential equivalent). The light scattered by the § 571.205 Standard No. 205, glazing abraded track is then measured as information has been deleted should be materials. submitted to the Docket Section. A specified in Test 17. The arithmetic * * * * * request for confidentiality should be mean of the percentages of light S5.1.2 In addition to the glazing accompanied by a cover letter setting scattered by the three specimens as a materials specified in ANS Z26, forth the information specified in the result of abrasion shall not exceed 10.0 materials conforming to S5.1.2.1, agency’s confidential business percent after being subjected to abrasion S5.1.2.2, S5.1.2.3, S5.1.2.4, S5.1.2.5, information regulation. 49 CFR part 512. for 500 cycles. S5.1.2.6, S5.1.2.7, S5.1.2.8 and S5.1.2.11 All comments received before the * * * * * may be used in the locations of motor close of business on the comment vehicles specified in those sections. S6.1 Each prime glazing material closing date indicated above for the manufacturer, except as specified * * * * * proposal will be considered, and will be below, shall mark the glazing materials S5.1.2.10 Cleaning instructions. (a) available for examination in the docket it manufactures in accordance with Each manufacturer of glazing materials at the above address both before and section 6 of ANS Z26. The materials designed to meet the requirements of after that date. To the extent possible, specified in S5.1.2.1, S5.1.2.2, S5.1.2.3, S5.1.2.1, S5.1.2.2, S5.1.2.3, S5.1.2.4, comments filed after the comment S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, S5.1.2.5, S5.1.2.6, S5.1.2.7, S5.1.2.8, or closing date will also be considered. S5.1.2.8, and S5.1.2.11 shall be S5.1.2.11 shall affix a label, removable Comments received too late for identified by the marks ‘‘AS 11C’’, ‘‘AS by hand without tools, to each item of consideration in regard to the final rule 12’’, ‘‘AS 13’’, ‘‘AS 14’’, ‘‘AS 15A’’, ‘‘AS glazing materials. *** will be considered as suggestions for 15B’’, ‘‘AS 16A’’, ‘‘AS 16B’’, and ‘‘AS further rulemaking action. NHTSA will * * * * * 4A’’, respectively. A prime glazing continue to file relevant information as S5.1.2.11 Test Procedures for Item material manufacturer is one which it becomes available in the docket after 4A—Rigid Plastic for Use in Side fabricates, laminates, or tempers the the closing date, and it is recommended Windows Rearward of the ‘‘C’’ pillar. (a) glazing material. that interested persons continue to Glazing materials that comply with Issued on: March 8, 1995. examine the docket for new material. Tests Nos. 2, 10, 13, 16, 17, as that test Those persons desiring to be notified is modified in S5.1.2.9(c) (on the Barry Felrice, upon receipt of their comments in the interior side only), 17, as that test is Associate Administrator for Rulemaking. rules docket should enclose a self- modified in paragraph (b) of this section [FR Doc. 95–6231 Filed 3–13–95; 8:45 am] addressed, stamped postcard in the (on the exterior side only), 19, 20, 21, BILLING CODE 4910±59±P 13692 Notices Federal Register Vol. 60, No. 49 Tuesday, March 14, 1995 This section of the FEDERAL REGISTER closed banks that have failed. Operating Conference’s offices at Suite 500, 2120 contains documents other than rules or and condition reports should be L Street, NW, Washington, DC. proposed rules that are applicable to the disclosed insofar as they contain or are public. Notices of hearings and investigations, Dated: March 7, 1995. based on publicly available information. Jeffrey S. Lubbers, committee meetings, agency decisions and The Conference also makes several rulings, delegations of authority, filing of Research Director. petitions and applications and agency suggestions to bank regulatory agencies Appendix—Recommendations of the statements of organization and functions are on their administration of Exemption 8. Administrative Conference of the United examples of documents appearing in this Recommendation 95–2, ‘‘Debarment States section. and Suspension from Federal The following recommendations were Programs,’’ addresses issues relating to adopted by the Assembly of the debarments and suspensions from Administrative Conference on ADMINISTRATIVE CONFERENCE OF federal procurement and Thursday, January 19, 1995. THE UNITED STATES nonprocurement programs. It recommends that debarment from Recommendation 95–1, Application and Adoption of Recommendations procurement programs have the effect of Modification of Exemption 8 of The Freedom AGENCY: Administrative Conference of debarment from nonprocurement of Information Act the United States. programs, and vice versa. It Background ACTION: Notice. recommends that independent The Freedom of Information Act (FOIA), 5 factfinders preside over hearings on U.S.C. § 552, generally mandates public SUMMARY: The Administrative disputed material facts. It makes access to records in the possession or control Conference of the United States (ACUS) suggestions on improvements in the of federal agencies, whether the records are adopted two recommendations at its procedures governing debarments and generated by the agency or obtained by it Fifty-First Plenary Session. The suspensions, and it recommends that from other sources. The Act contains nine recommendations concern the Congress refrain from legislating exemptions, each of which authorizes but application and modification of mandatory debarments. does not require the agency to protect from Exemption 8 of the Freedom of disclosure certain types of information. The full texts of the recommendation Information Act, and procedures Exemption 8 permits agencies responsible for are set out in the Appendix below. The the regulation or supervision of financial governing debarment and suspension institutions to protect from disclosure from federal programs. recommendations will be transmitted to the affected agencies and to appropriate matters contained in or related to FOR FURTHER INFORMATION CONTACT: committees of the United States examination, operating, or condition reports Nancy G. Miller, 202–254–7020. prepared by, on behalf of, or for the use of Congress. The Administrative the agency. SUPPLEMENTARY INFORMATION: The Conference has advisory powers only, Administrative Conference of the Exemption 8 provides an unusual level of and the decision on whether to protection to banks and bank regulatory United States was established by the implement the recommendations must agencies.1 Except for Exemption 9, dealing Administrative Conference Act, 5 U.S.C. be made by the affected agencies or by with geological and geophysical information, 591–596. The Conference studies the Congress. no other FOIA exemption is industry- or efficiency, adequacy, and fairness of the agency-specific. In light of the change in the administrative procedures used by Recommendations and statements of regulatory environment of financial federal agencies in carrying out the Administrative Conference are institutions since the passage of the FOIA in administrative programs, and makes published in full text in the Federal 1966, the Conference has reviewed whether recommendations for improvements to Register. In past years Conference this broad exemption continues to be the agencies, collectively or recommendations and statements of justified. The upheaval faced by financial continuing interest were also published institutions in the last decade and the individually, and to the President, number of such institutions that have failed Congress, and the Judicial Conference of in full text in the Code of Federal Regulations (1 CFR Parts 305 and 310). makes availability of information relating to the United States (5 U.S.C. 594(1)). At the regulation of that segment of the economy its Fifty-First Plenary Session, held Budget constraints have required a of particular interest. A substantial amount of January 19, 1995, the Assembly of the suspension of this practice in 1994. taxpayer money has been spent to alleviate Administrative Conference of the However, a complete listing of past problems relating to financial institutions. United States adopted two recommendations and statements is Exemption 8 covers a wide range of recommendations. published in the Code of Federal documents, primarily operating reports, Recommendation 95–1, ‘‘Application Regulations. Copies of all past condition reports, and examination reports of and Modification of Exemption 8 of the Conference recommendations and financial institutions. Operating and condition reports are largely public financial Freedom of Information Act,’’ suggests statements, and the research reports on which they are based, may be obtained statements submitted by the bank to the some changes in the scope of coverage agency, although they also may include some of that exemption. Exemption 8 protects from the Office of the Chairman of the nonpublic information. Examination reports from disclosure certain documents Administrative Conference. Requests for are the written statements prepared by the relating to examination and supervision single copies of such documents will be of banks by federal agencies. The filled without charge to the extent that 1 The use of the term ‘‘bank’’ herein is intended Recommendation proposes that supplies on hand permit (see 1 CFR to refer to all financial institutions whose 304.2). information is subject to Exemption 8. Likewise, the Exemption 8 be retained for term ‘‘bank regulatory agency’’ refers to any agency examination reports of open banks, and The transcript of the Plenary Session responsible for the regulation or supervision of modified for examination reports for is available for public inspection at the financial institutions. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13693 agency’s examiners evaluating the bank’s between examiners and financial institution exemption insofar as it permits operations and practices, but they are not officials. In particular, they have expressed nondisclosure of publicly available data. audit reports. Examination reports include, concern that disclosure of sensitive adverse The more difficult question is whether the among other things, information about an information—especially preliminary data, protection of other information covered by institution’s portfolio of loans, the strength of information, and conclusions—could reduce Exemption 8 continues to be warranted. its management, and areas that may need the candor of the examiners’ comments and Although the Conference concludes that corrective action to improve its safety, analysis, and inhibit bank officials from examination reports with respect to open soundness, and compliance with law. While offering open access to their records and from institutions should remain protected, it bank regulatory agencies encourage being frank and open in their discussions believes that examination reports (including examiners to make their reports candid, with the examiners. Examination reports, all CAMEL ratings) of closed institutions that careful, and complete, the reports often they point out, are intended to draw the have failed should not be exempt from include preliminary analysis and attention of bank management to actual and disclosure. (Closed institutions that did not commentary. The examination report (known potential problems as quickly as possible. fail would be treated like open institutions in some agencies as the ‘‘open’’ portion) is The exemption is also aimed at protecting for this purpose.5) made available to the bank, on the condition the stability of financial institutions by The deposit insurance program gives the that it not be disclosed outside the bank. The preventing the inappropriate disclosure of public (and the taxpayers) a particular agencies retain the supporting information information relating to the soundness of the interest in knowing what caused a bank to for the report (which in some agencies is institution, as reflected in examination fail and whether regulatory oversight was known as the ‘‘closed’’ portion). Most reports and in operating and condition adequate or effective.6 Release of agencies also include in the examination reports. The expressed concern is to avoid examination report information is unlikely to report and disclose to the bank what is ‘‘runs on the bank,’’ as well as other adverse cause any harm to the institution itself once known as a CAMEL rating: a composite impacts—e.g., short-term liquidity problems, it is closed; nor is there any ongoing summary in numerical form of key volatility in cost of funds, reduced access to relationship between the examiner and the components of the examination—Capital, credit or to depositors. Nondisclosure is bank officials that would be jeopardized by Asset quality, Management, Earnings, and further justified on grounds that harmful disclosure. The examiners’ concern about Liquidity. There are also ratings for each overreactions based on incomplete data are protecting candor is sharply reduced for factor in the closed portion. 7 likely to outweigh any public benefits. banks that are closed. Further, the disclosure Justification for Scope of Exemption 8 Financial institutions are also by their nature of such information pertaining to closed banks would, of course, continue to be The Administrative Conference has always interrelated, in the sense that an adverse impact on one may have broad and possibly subject to other FOIA exemptions.8 endorsed the FOIA concept of disclosure of Nonetheless, to further ensure that 2 severe adverse implications for others. government records while recognizing the disclosure will not cause undue harm, the 3 Moreover, the need for disclosure is need to balance competing concerns. Thus, Conference recommends that certain it concludes that, while the basic protection diminished insofar as the public already receives, as a result of various banking and limitations be placed on disclosure of of confidential and sensitive data relating to examination reports of closed banks that open banks should continue, where securities law requirements, a substantial amount of detailed, comparable information have failed. Disclosure concerning a failed documents or information in agencies’ bank that could reasonably be expected to possession are already public or relate to an about banks. Finally, there is a critical interest in impair the solvency of an open bank or institution no longer operating, the public efforts to sell the failed institution or its interest in disclosure outweighs the potential protecting the privacy of those doing business with a financial institution. assets should be delayed. Similarly, harm from such disclosure. disclosure should be delayed where it could Exemption 8’s protection of operating, Examiners evaluate samples of loans. reasonably be expected to interfere with an condition and examination reports is Information that might permit identification ongoing civil or criminal investigation. generally seen as serving three primary of the borrowers and other customers, as well Information relating to specific loans or other purposes: (1) It protects banks—including as information about their financial situation information that would identify customers both the examined bank and those that have and soundness, may appear in examination could be redacted. Moreover, in cases where relationships with it—from substantial harm reports. There seems little doubt that either the Federal Deposit Insurance that might be caused by disclosure of information that might identify customers 4 Corporation or the Resolution Trust information and opinion about their generally should be exempt from disclosure. Corporation is involved in responding to the condition; (2) It facilitates the free exchange Proper Scope of Exemption 8 bank’s failure, other bank regulatory agencies of information between bank personnel and examiners and encourages bank examiners to Because of these considerations, the should consult with them before releasing be candid, and as necessary, immediately Conference believes that Exemption 8’s examination reports. responsive, in their assessments of a bank’s provisions should be retained for ‘‘matters Separately, the Conference also proposes financial position and operation; and (3) It that are contained in or related to that Congress consider whether Exemption 8 protects the privacy of bank customers (e.g., examination * * * reports’’ pertaining to depositors and borrowers). open banks. The continued protection of 5 The Conference does not seek to define when a Bank regulators and the institutions they examination reports of open institutions closed bank would be deemed to have failed. As regulate and/or supervise have generally seems appropriate under the current discussed below, among the bases for recommending that information about closed failed asserted the need to protect both the candor regulatory regime. Congress should, however, limit the banks be available under FOIA are the role of of examination reports and the government oversight and impacts on taxpayers. exemption’s coverage with respect to nonadversarial nature of the relationship 6 While Congress has mandated reports by the information in operating and condition agency’s Inspector General for certain bank failures 2 See ACUS Recommendation 71–2, ‘‘Principles reports that is publicly available. Almost all after July 1, 1993 (see Federal Deposit Insurance and Guidelines for Implementation of the Freedom of the information contained in operating and Corporation Improvement Act of 1991, 12 of Information Act.’’ See also Presidential condition reports (i.e., quarterly statements of U.S.C.§ 1831o(k)), disclosure of the underlying data, Memorandum for Heads of Departments and income and expenses, assets and liabilities) if requested, may provide a useful validation or Agencies, The Freedom of Information Act (Oct. 4, is currently in the public domain. As a result, check on such reports. 1993) (Policy statement on the use of the FOIA bank regulatory agencies generally do release 7 Despite recent history, the vast majority of all encouraging agencies to disclose agency records in such information even though it may literally financial institutions do not fail. This the absence of any clear harm); Attorney General’s fit within Exemption 8. There is, therefore, recommendation, therefore, addresses only the Memorandum for Heads of Departments and disclosure on request of examination reports of a Agencies, The Freedom of Information Act (Oct. 4, no reason to retain this portion of the narrow group of banks where the justification for 1993). release of the data is especially compelling. 3 See ACUS Recommendation 82–1, ‘‘Exemption 4 Protection of a customer’s privacy interest may 8 Among the potentially relevant exemptions are (b)(4) of the Freedom of Information Act,’’ require redaction of more than a customer’s name; Exemptions 4 (confidential commercial or financial Recommendation 83–4, ‘‘The Use of the Freedom of other characteristics of the loan might reveal information), 5 (agency predecisional documents), 6 Information Act for Discovery Purposes.’’ customer identifications. (personal privacy), and 7 (investigative reports). 13694 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices should continue to apply to situations where examination report itself may be disclosure, except that disclosure should be examination or other reports of financial nondisclosable, not all portions of all delayed where it could reasonably be institutions are prepared by agencies having documents related to it are necessarily also expected to (a) impair the solvency of an no authority to regulate or otherwise nondisclosable. open bank or an agency’s efforts to sell the supervise those institutions.9 Especially Bank regulatory agencies should also closed bank or its assets, or (b) interfere with where the financial institutions do not accept consider using the ombudsmen recently an ongoing civil or criminal investigation. deposits from the public and there is no mandated by statute 11 to inquire into citizen Records identifying specific loans or applicable deposit insurance, Congress concerns about handling FOIA requests and customers could be redacted,14 and prior should review whether the policies to recommend solutions or possible systemic consultation with other agencies with underlying the Exemption apply. improvements. The Conference has jurisdiction over such a closed bank should If Congress believes that additional previously stated that use of alternative be required. information relating to financial institutions means of dispute resolution should be 2. As applied to all financial institutions, would improve accountability and oversight explored in resolving FOIA disputes 12 operating and condition reports should not or provide for a better-informed marketplace, Agencies generally have the discretion to be exempt from disclosure insofar as they the Conference recommends that Congress release requested information even if it is contain or are based on publicly-available consider using the approach taken in the otherwise exempt under the FOIA. Pending information. Community Reinvestment Act, where Congressional action on the B. Congress should also consider whether specific, focused, published reports have recommendations to modify Exemption 8, Exemption 8 should continue to apply to been required.10 the bank regulatory agencies should examination or other reports of financial implement the recommendations institutions prepared by agencies having no Administration of Exemption 8 independently and, in any case, they should authority to regulate or otherwise supervise There are a number of actions bank experiment with the release of examination those institutions, especially where the regulatory agencies can take under their reports for large failed banks. This would financial institutions do not accept deposits current authority to improve implementation provide information to the public about the from the public. of Exemption 8. Several bank regulatory banks for which the largest amounts of III. To the extent that Congress determines agencies have already implemented many of money (and potentially, public funds) are at that additional information relating to the them, and the Conference recommends their stake, and would provide an opportunity for regulation or examination of financial consideration by all. As a first step, agencies determining whether such release has any institutions should be publicly available to that regulate or supervise financial significant untoward effects. enhance accountability and oversight, it institutions should ensure that information should provide for preparation of special that is otherwise publicly available is not Recommendation public reports and analyses, or for other treated as exempt under the FOIA. For I. As applied to open financial institutions mechanisms specifically designed to provide example, as noted, operating and condition and closed financial institutions that have the necessary information to the public on a reports contain information that appears not failed, the provisions of Exemption 8 of systematic basis.15 largely to be publicly available from other the Freedom of Information Act should be IV. Agencies with supervisory or regulatory sources. To the extent that this and other retained for ‘‘matters that are contained in or responsibilities relating to financial information currently withheld under related to examination * * * reports.’’ The institutions should continue to review ways Exemption 8 is otherwise available and can Conference concludes that bank regulatory to improve their administration of the be separated from sensitive data, agencies agencies should continue to have discretion Freedom of Information Act. should release such information. Agencies to withhold such examination reports, A. Bank regulatory agencies should should also continue to review their data because, among other reasons, (a) disclosure implement the following practices: collection forms and information-gathering of material relating to supervision and 1. Information subject to Exemption 8 documents and design them so that regulation of open financial institutions should be withheld only insofar as necessary confidential information is collected might have an adverse impact on the to protect the efficacy of the examination separately and can be easily segregated from supervisory and regulatory process and on process and the privacy of sensitive data and information that could be disclosed. the banks themselves,13 (b) such disclosure to avoid adverse economic impacts on other Several bank regulatory agencies now also might have an adverse economic impact banks. Agencies should not withhold participate in an interagency FOIA group. on other banks, due to the unique information on the basis that it is ‘‘related to’’ The Conference lauds this effort, and interrelationship of such institutions, and (c) operating, condition or examination reports encourages all bank regulatory agencies to a substantial amount of related information is unless they determine that nondisclosure is coordinate their application of the exemption already otherwise available. properly justified. and its scope, in order to ensure that similar II. A. In order to ensure that information 2. Information that is already publicly documents are treated similarly. In doing so, about banks is not unreasonably withheld, available should not be treated as exempt agencies should keep in mind the FOIA’s Congress should limit the exception to from disclosure. For example, agencies intent to allow the public to know what disclosure in Exemption 8 as follows: should continue, in response to FOIA agencies are doing to the greatest extent 1. As applied to closed institutions that requests, to release operating and condition possible. Agencies generally should presume, have failed, examination reports and CAMEL information submitted by financial for example, that if one agency releases a ratings should not be exempt from institutions that is publicly available. particular type of document, such documents 3. To facilitate the disclosure of releasable should be released by all other agencies if 11 The Office of the Comptroller of the Currency information, agencies should, to the extent requested. Agencies also should avoid has an ombudsman, whose current responsibilities feasible, design data-collection forms or other routinely exempting documents that are include involvement in banks’ challenges to their information-gathering mechanisms in order ‘‘related to’’ examination reports without CAMEL ratings. Recently enacted Pub. L. No. 103– to separate disclosable and nondisclosable 325 requires each federal banking agency to appoint carefully evaluating whether the information information. an ombudsman to deal with complaints from the 4. Agencies authorized to rely on could be disclosed. Even though an public about regulatory activities. Exemption 8 should continue to develop a 12 Administrative Conference Statement 12, 1 CFR 9 See, e.g., Public Citizen v. Farm Credit 310.12 (1993). It has also recommended the use of coordinated approach for releasing Administration, 938 F.2d 290 (D.C. Cir. 1991) ombudsmen more generally in federal agencies. (Reports of FCA regarding the National Consumer Administrative Conference Recommendation 90–2, 14 This recommendation does not seek to alter the Co-op Bank covered by Exemption 8). ‘‘The Ombudsman in Federal Agencies,’’ 1 CFR applicability of other FOIA exemptions or of notice 10 The Community Reinvestment Act, 12 U.S.C. 305.90–2 (1993). requirements such as those set out in Executive § 2906, requires reports concerning credit made 13 The use of the term ‘‘bank’’ herein is intended Order 12600 (relating to predisclosure notification available by banks in low and moderate income to refer to all financial institutions whose for confidential commercial information). areas. See also the Federal Deposit Insurance information is subject to Exemption 8. Likewise, the 15 For an illustration of such a report, see the Corporation Improvement Act of 1991, which term ‘‘bank regulatory agency’’ refers to any agency Community Reinvestment Act, 12 U.S.C. § 2906 requires reports by the agency’s Inspector General responsible for the regulation or supervision of (reporting on supply of credit by banks in low and for each bank failure after July 1, 1993. financial institutions. moderate income areas). Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13695 information, so that the public receives the ‘‘Common Rule’’).3 The two debarment person or submit written argument and uniform treatment for similar data or types of and suspension programs have similar information after the suspension is effective, documents. structures, but they are not identical, and not and a further informal hearing available in 5. Agencies should consider using their completely complementary. cases with disputed issues of material fact. ombudsmen to inquire into citizen concerns Debarment refers to an action to preclude Unlike in the procurement context, however, about handling of FOIA requests and to individuals and entities from receiving future a proposed debarment does not have recommend solutions or possible systemic contracts or other benefits such as loans or immediate effect. Nor do the improvements.16 grants for a designated period of time. A nonprocurement regulations contain a list of B. In light of their discretion to release suspension is a similar action on a temporary factors the debarring official should consider even otherwise exempt information in basis. They are intended to ensure that in connection with the decision whether to response to requests under the FOIA, bank government ‘‘does business,’’ in both its debar or suspend. regulatory agencies should implement the contracts and its nonprocurement assistance As in the procurement context, recommendations set forth in Part II(A). In programs, only with individuals and entities nonprocurement debarments and any case, agencies should, on an that are ‘‘presently responsible.’’ suspensions have executive branch-wide experimental basis, immediately make the The Department of Defense alone debarred effect and the GSA publishes a list of those disclosures recommended therein with or suspended 1,157 persons and businesses debarred or suspended. However, those respect to large failed financial institutions. in 1994. Across the federal government, debarred or suspended under one (e.g., the almost 6,000 entities were debarred or nonprocurement) system are not now Recommendation 95–2, Debarment and suspended the same year. debarred from the other; i.e., there is no Suspension from Federal Programs A. Procurement reciprocal effect. Introduction The regulations set forth in the FAR * * * * * The federal government is very big provide that each agency should promulgate Debarments and suspensions under both business in its purchases of products and its own regulations consistent with the FAR regulatory programs generally may not services and in its provision of grants, loans, provisions. The FAR provides that an agency exceed 3 years. They may be terminated on subsidies, and other types of economic may suspend a contractor on an immediate, a showing that, among other things, there has assistance. Many private companies—small, temporary basis prior to a hearing, based on been a bona fide change in ownership or medium, and large—rely to a significant ‘‘adequate evidence’’ of a variety of actions management, or that the causes on which the degree on their business with the government relating to a lack of contractor integrity. A debarment was based have been eliminated. for economic survival. In this proposed debarment, for which there is no Discussion recommendation, the Administrative minimum evidentiary threshold set out in the Conference of the United States addresses FAR, also has the effect of immediately Although the nonprocurement and several significant issues that arise when precluding the award of additional federal procurement debarment programs appear federal agencies act to protect the public fisc contracts. Contractors have the opportunity generally to be functioning fairly well, the by suspending or debarring individuals and to present information and argument in Conference does recommend some changes companies who allegedly are not responsible opposition to a suspension or proposed to make the process more efficient and more enough to continue to do business with the debarment. In cases where there is a disputed fair. government. issue of material fact, a contractor is entitled A. Reciprocal Effect The Administrative Conference of the to an informal factfinding hearing where the United States has considered the topic of contractor may appear with counsel, submit As noted, the procurement and debarment and suspension from federal documentary evidence, and present and nonprocurement systems, while each having programs several times in the last 35 years. confront witnesses. The regulations do not government-wide effect, do not have 5 The 1961–62 temporary Administrative specify the type of hearing officer. The reciprocal effect. Legislation and an 6 Conference issued a series of influential regulations do contain a list of mitigating executive order have mandated that this recommendations on the procedural factors the debarring official (who is usually problem be resolved, and the Conference structure of debarment and suspension of also the suspending official) should consider underscores the importance of making the federal contractors. A 1975 study done for in deciding whether to debar or suspend. appropriate regulatory modifications the Conference found that those Most debarments involve contractors that promptly to ensure that debarment or recommendations remained sound. Since have been indicted or convicted; relatively suspension under one system leads to then, there has been substantial activity in few involve disputed issues of material fact debarment or suspension under both. The the debarment and suspension area, as the that would warrant a hearing.4 Conference also believes that the existing Federal Acquisition Regulation (FAR) and Contractor suspensions and debarments provisions allowing agency heads to waive other regulatory programs have been have government-wide effect; i.e., no the applicability of a government-wide promulgated to authorize such actions both executive branch agency may enter into a debarment or suspension for their agency 7 in the procurement and nonprocurement contract with a debarred or suspended should be retained. arenas, and Congress has authorized contractor. The General Services B. Debarring Officials and Hearing Officers debarment and suspensions in a variety of Administration administers a list of debarred contexts. and suspended contractors. Neither regulatory framework specifies criteria for appointing the debarring official. The Conference’s recent study focused on B. Nonprocurement the regulatory programs involving Some agencies have written specifications procurement debarment coordinated by the The nonprocurement debarment and identifying the type of official who is to Federal Acquisition Regulation Council (FAR suspension process is based on Executive perform this function, as well as the official who is to serve as a hearing officer in the Council) 1 and promulgated in the FAR,2 and Order 12549, issued in 1986. OMB led an a comparable (but not identical) effort effort for uniform regulations (the Common relatively few cases where informal hearings involving nonprocurement debarment Rule), and at least 36 agencies have issued on disputed issues of fact are held. However, coordinated separately by OMB (known as such a rule. The regulatory framework differs there is no uniformity among the agencies slightly from the procurement debarment that have established these criteria. For 16 system. The procedures are basically similar, example, at the Department of Housing and See Pub. L. No. 103–325, which requires each Urban Development, where hearings are federal banking agency to appoint an ombudsman. with suspended persons entitled to appear in See Administrative Conference Recommendation relatively frequent, administrative law judges 90–2, ‘‘The Ombudsman in Federal Agencies,’’ 1 3 53 Fed. Reg. 19,204 (1988). CFR 305.90–2 (1993). 4 For example, 96 percent of the Air Force’s 5 The Federal Acquisition Streamlining Act, Pub. 1 The FAR Council includes representatives of the debarments and suspensions are based on L. No. 103–355 (1994). Office of Federal Procurement Policy in OMB, the indictments and convictions. Neither the Army, Air 6 Executive Order 12689, issued in 1989. General Services Administration, NASA, and the Force, Defense Logistics Agency, nor the Navy has 7 Waiver and exception procedures are currently Department of Defense. had fact-based hearings in any debarment or found in the FAR at 48 CFR 9.406–1(c), 9.407–1(d), 2 48 CFR § 9.400 et seq. suspension cases in the last 5 years. and in the Common Rule at X.215. 13696 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices (ALJs) or board of contract appeals (BCA) independence. Administrative judges from takes no position on whether any such list judges serve in effect as debarring officials, boards of contract appeals and military should represent an exclusive list of factors while also presiding over the hearings. At the judges have similar independence. They are to be considered, but does recommend that Department of the Air Force, the debarring experienced in providing hearings that each agency make clear its intention with official is the Assistant General Counsel for ensure that the respondent has the proper respect to exclusivity. The Conference also Contractor Responsibility, and a military trial opportunity to present a case. Using only notes that both aggravating and mitigating judge presides over any factfinding such independent judges for factfinding circumstances should focus on issues relating proceedings. The Environmental Protection hearings would also ensure uniformity to the respondent’s ‘‘present responsibility’’ Agency’s debarring official is the director of among agencies; since a debarment has to avoid any appearance that the debarment its Office of Grants and Debarment, but the government-wide effect, the nature of a fact- is intended as punishment. agency uses hearing officers who do not have finding hearing should not depend on the As noted, each type of debarment is the institutional independence of an ALJ, particular agency taking the action. The effective across the executive branch. There BCA judge, or military judge. Few agencies Conference therefore recommends that, will thus be cases where a particular entity expressly require either the debarring official where there are disputed issues of material does business with multiple agencies. The or the hearing officer to have any specific fact in debarment or suspension cases, the Conference recommends that a procedure be level of institutional independence. agency assign an ALJ, BCA judge, or military developed by which agencies can efficiently The informal nature of the adjudication, as judge to preside over the hearing. If an and routinely coordinate with each other and well as the process for a prehearing agency wishes to use some other hearing determine which agency will serve as the suspension, have been consistently upheld officer, it should ensure that such officer is lead agency on behalf of the government in by the courts as providing due process. guaranteed independence comparable to that taking debarment and/or suspension action. Courts have occasionally discussed the need of an ALJ.11 Agencies should also provide in This would avoid multiple actions with to ensure some measure of independence on their rules whether the judge would issue (a) inconsistent results. It may also ensure that the part of adjudicators.8 Neither the FAR nor findings of fact that would be certified to the the agency with the greatest interest will the Common Rule explicitly addresses the debarring official; (b) a recommended handle the case. The Conference is aware that issue. Given the informal character of decision to the debarring official; or (c) an agencies considering actions relating to the debarment and suspension determinations, initial decision, subject to any appropriate same respondent do confer informally in as well as the ‘‘business’’ protection basis for further appeal within the agency.12 many cases, but believes that a more uniform, such decisions, the strict separation of regularized process for agencies to determine functions and total avoidance of ex parte C. The FAR and Common Rule a lead agency in particular cases would be contacts that would apply in more formal As discussed above, the two sets of preferable. contexts may not be needed. However, it is procedures, for procurement and for As also noted, suspensions become important that the debarring official be nonprocurement debarment and suspension, effective immediately. The suspended sufficiently independent to protect due are not identical. Some of the variations respondent may, after the fact, submit written process. It is, for example, good practice that relate to the differing natures of the programs comment and information to the debarring the debarring official not be supervised by they address. On other issues, uniformity official opposing the continuation of the nor directly supervise the investigators or might serve to eliminate confusion, suspension. In some cases, the lack of advocates who are developing the cases. It is especially in light of the government-wide advance notice is necessary to allow an also good practice for debarring officials effect and (hopefully soon-to-be) reciprocal agency to protect the integrity of its generally to ensure that all information that impact. At a minimum, there are several contracting or nonprocurement program. In serves as the basis for decision appears in the issues that the Conference recommends be other cases, however, it may be appropriate administrative record, and that it is made addressed in each set of rules. to provide advance notice to the potential available to the respondent in contested Both nonprocurement and procurement respondent that a suspension or proposed cases. debarments and suspensions are debarment may be forthcoming. In fact, some When there is a hearing to resolve disputed discretionary. The procurement regulations agencies do send what are in essence ‘‘show issues of material fact in a suspension or include a list of mitigating factors the cause’’ letters in certain situations. In cases debarment case, a greater degree of debarring official should consider in where the interests of the government would independence ought to be required on the determining whether to debar or suspend.13 not be substantially adversely affected by part of the hearing officer. The No such list exists in the nonprocurement providing advance notice of a suspension of Administrative Conference has recently taken context, and neither program has a list of proposed debarment, the Conference the position that cases involving ‘‘imposition aggravating factors. The Conference encourages agencies to provide such notice. of sanctions with substantial economic recommends that a list of mitigating and Given that debarments and suspensions effect’’ should be heard by administrative law aggravating factors be included in the have a government-wide effect and may soon judges.9 Debarments and suspensions clearly regulations for both programs. These lists also apply to both procurement and can have substantial economic effect. should be considered by debarring officials nonprocurement programs, it is especially Depending on the type of entity and the both in determining whether to impose a important that respondents be given notice at nature of its business, a debarment from debarment or suspension, and in determining the earliest opportunity of these potential federal contracts or other benefits may the period of debarment.14 The Conference impacts. bankrupt a company. Therefore, while a full Suspensions require a finding of ‘‘adequate evidence’’ as a threshold for their issuance. APA formal hearing is not constitutionally 11 See 5 U.S.C. § 554(d)(2). Proposed debarments, which in the required in debarment and suspension cases, 12 Regarding the need to clearly set forth the procurement context have a similar even where there are disputed issues of fact, appeals procedure, see Darby v. Cisneros, 113 S.Ct. use of a truly independent hearing officer is 2539 (1993)(in absence of agency regulations preclusive effect, have no such threshold. consistent with notions, and appearances, of governing agency appeal, respondents could (An ultimate decision to debar must be based fairness. In some statutory debarment proceed directly to court). on the preponderance of evidence, however.) programs, Congress has required that post- 13 The procurement debarment rule indicates that Given their immediate effect, a minimum debarment hearings be presided over by the debarring official ‘‘should consider’’ the evidentiary threshold for procurement ALJs.10 ALJs clearly have the requisite mitigating factors in determining whether to debar. proposals to debar would also be appropriate. The suspension rule provides that the suspending The Conference recommends that proposals official ‘‘may, but is not required to consider’’ to debar in the procurement context require 8 In Girard v. Klopfenstein, 930 F.2d 738 (9th Cir. mitigating factors in determining whether to ‘‘adequate evidence of cause to debar.’’ 1991), the court suggested the need for a separation suspend. The Conference recommends that the The Administrative Conference also of the prosecutorial and decisionmaking functions ‘‘should consider’’ language be used in both in a debarment case, but did not explicitly decide debarment and suspension cases. recommends that all agencies within the the issue. 14 The Administrative Conference has ‘‘executive branch’’ (broadly construed to 9 See Recommendation 92–7, ‘‘The Federal recommended standards for mitigating statutory include ‘‘independent’’ agencies) should Administrative Judiciary,’’ at ¶ A(1)(c). money penalty amounts imposed administratively. implement the ‘‘Common Rule’’ and those 10 See 42 U.S.C. § 1320a-7(exclusion of health care See Recommendation 79–3, ‘‘Agency Assessment portions of the FAR that address suspension providers from Medicare program participation). and Mitigation of Civil Money Penalties.’’ and debarment. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13697 D. Statutory Debarments A. cases involving disputed issues of SUMMARY: The notice is hereby given The procurement and nonprocurement material fact are referred to administrative that the Forest Service, in cooperation debarment and suspension programs are law judges, military judges, administrative with the Bureau of Land Management based in regulation and/or executive order. judges of boards of contract appeals, or other and U.S. Fish and Wildlife Service, is There are also many statutorily-based hearing officers who are guaranteed similar levels of independence 18 for hearing and for gathering information in order to debarment schemes, some of which also prepare an Environmental Assessment involve procurement and nonprocurement preparation of (1) findings of fact certified to programs. In many of these statutory the debarring official; (2) a recommended (EA) for a proposal to protect habitat programs, Congress has restricted agencies’ decision to the debarring official; or (3) an and populations of native inland fish. discretion whether to debar, or to determine initial decision, subject to any appropriate The Forest Service is proposing to the length of a debarment.15 Congress has appeal within the agency. amend Regional Guides and Forest increasingly opted to require agencies to B. debarring officials in each agency Plans to include interim direction in the debar or suspend in particular situations. should: 1. Be senior agency officials; form of riparian management objectives, Debarment and suspension are not intended standards and guidelines, and to be punitive remedies, but rather are 2. Be guaranteed sufficient independence premised on the need to protect the integrity to provide due process; and monitoring requirements. The interim of government programs. The Conference 3. In cases where the agency action is direction will apply to the geographic believes that Congress should ordinarily disputed, ensure that any information on area covered by the Eastside Ecosystem allow agencies to retain the discretion to which a decision to debar or suspend is Management Strategy Environmental determine (1) whether debarments or based appears in the record of the decision. Impact Statement (EIS) and Upper suspensions are appropriate in individual III. Entities coordinating the FAR and the Columbia River Basin EIS, except for cases, and (2) the appropriate length of such Common Rule, and individual agencies in anadromous fish habitat (which is now their regulations, should provide that each debarments. Moreover, Congress should being managed under the interim review existing statutory schemes that regulatory scheme for suspension and mandate debarment and/or particular terms debarment includes: PACFISH strategy, approved February of debarment, and determine whether they A. A list of mitigating and aggravating 24, 1995). should be continued. The primary basis for factors that an agency should consider in The purpose and need for the recommending that agency discretion not be determining (1) whether to debar or suspend proposed action is to preserve and (2) the term for any debarment; limited with respect to most debarment and management options for inland aquatic suspension determinations is the need to B. A process for determining a single retain flexibility to meet the needs of the agency to act as the lead agency on behalf of resources by reducing the risk of loss of government and the public. The Conference the government in pursuing and handling a populations and reducing potential believes that agency officials generally would case against a person or entity that has negative impacts to aquatic habitat of be in a better position than Congress to transactions with multiple agencies; resident fishes until the signing of determine appropriate remedial sanctions in C. (With respect to procurement debarment Records of Decision for both EISs. As a individual cases that serve both to protect the only) a minimum evidentiary threshold of at companion to the protection provided 16 fisc and meet program needs. least ‘‘adequate evidence of a cause to debar’’ for anadromous fish by PACFISH, this The co-existence of the regulatory to issue a notice of proposed debarment; debarment programs that are the focus of this D. A requirement that all respondents be Environmental Assessment is intended recommendation with a broad variety of given notice of the potential government- to provide the basis for establishing statutory debarment programs creates a wide impact of a suspension or debarment, appropriate interim direction to protect number of issues that relate to the as well as the applicability of any such action habitat and populations of resident interactions between them. The Conference to both procurement and nonprocurement native fishes outside of anadromous fish may in the future study these issues, which programs; and habitat, including bull trout which has include conflicts that arise from inconsistent E. Encouragement for the use of ‘‘show recently been determined to be procedural requirements and questions about cause’’ letters in appropriate cases. warranted by the U.S. Fish and Wildlife whether all statutory programs are intended IV. All federal agencies in the executive Service (Federal Register Vol. 59, No. to have government-wide effect. branch (broadly construed to include 111, June 10, 1994, pp. 30254–30255). Recommendation ‘‘independent’’ agencies) should implement the ‘‘Common rule’’ and FAR rules on Specifically this EA will address I. Entities coordinating the Federal suspension and debarment. National Forest System lands on the Acquisition Regulation (FAR) and the V. Congress should ordinarily refrain from Bitterroot, Boise, Caribou, Challis, Common Rule for nonprocurement limiting agencies— discretion by mandating Clearwater, Colville, Deerlodge, debarment, and individual agencies in their suspensions, debarments, or fixed periods of Deschutes, Flathead, Fremont, Helena, procurement and nonprocurement debarment suspension or debarment. Congress should and suspension regulations, should promptly Humboldt, Kootenai, Lolo, Malheur, also review existing laws that mandate Ochoco, Panhandle, Payette, Salmon, ensure that the applicable regulations suspensions, debarments, and fixed periods, provide that suspensions or debarments from to determine whether to amend the Sawtooth, Wallowa-Whitman, and either federal procurement activities or provisions to permit agency discretion to Winema National Forests in the federal nonprocurement activities have the make such determinations. Northern, Intermountain, and Pacific effect of suspension or debarment from both, Northwest Regions. subject to waiver and exception procedures.17 [FR Doc. 95–6183 Filed 3–13–95; 8:45 am] II. Entities coordinating the FAR and the BILLING CODE 6110±01±P The Forest Service also serves notice Common Rule, and individual agencies in that the agency is seeking information their regulations, should ensure that: and comments from Federal, State, and DEPARTMENT OF AGRICULTURE local agencies and other individuals or 15 For example, DHHS is required to —exclude— organizations who may be interested in from participation in the Medicare and Medicaid Forest Service or affected by the proposed action. This programs for 5 years any health care provider who is convicted of a crime related to the provision of input will be used in preparing the services under those programs, or of patient abuse. Inland Native Fish Strategy Environmental Assessment. 42 U.S.C. § 1320a-7(a). ACTION: Proposal to Prepare Interim Written comments should be sent to 16 This recommendation should not be read to discourage Congress from providing guidelines for Direction for Native Inland Fish Habitat the agency within 30 days from the date agencies to consider in exercising their discretion. Management. of publication in the Federal Register. 17 Waiver and exception procedures are currently found in the FAR at 48 CFR 9.406–1(c), 9.407–1(d), ADDRESSES: Send written comments to and in the Common Rule at X.215. 18 See 5 U.S.C. § 554(d)(2). USDA Forest Service, Idaho Panhandle 13698 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices National Forests, 3815 Schreiber Way, protection may be warranted for native ACTION: Notice of determination to Coeur d’Alene, Idaho, 83814. resident fish and their habitat. That terminate and not to initiate FOR FURTHER INFORMATION CONTACT: long-term direction is being developed countervailing duty administrative Questions about the proposed action through the Columbia River Basin EIS reviews. and environmental assessment should process. This interim protection is being SUMMARY: be directed to David Wright, Team proposed to preserve options for long- The Department of Commerce Leader, Idaho Panhandle National term management that might be adopted (the Department) has decided to Forests, 3815 Schreiber Way, Coeur as a result of those processes. terminate the first administrative review d’Alene, Idaho, 83814. Phone: (208) A range of alternatives will be of the countervailing duty order on 765–7307. considered. One of these will be the certain softwood lumber from Canada initiated on August 24, 1993, and not to SUPPLEMENTARY INFORMATION: The Forest ‘‘no-action’’ alternative, in which current management of the area would initiate the second administrative Service, in accordance with 16 USC review. 1604 and 36 CFR 219 et seq. develops continue without interim direction EFFECTIVE DATE: land and resource management plans to protection. Other alternatives will March 14, 1995. provide for multiple use and sustained examine the effects of varying FOR FURTHER INFORMATION CONTACT: yield of products and services including approaches to interim protection. Martina Tkadlec or Kelly Parkhill, outdoor recreation, range, timber, During the scoping process, the Forest Office of Countervailing Compliance, watershed, wildlife and fish, and Service is seeking information and Import Administration, International wilderness. comments from Federal, State, and local Trade Administration, U.S. Department PACFISH is the Anadromous Fish agencies and other individuals or of Commerce, 14th Street and Habitat and Watershed Conservation organizations who may be interested in Constitution Avenue, NW., Washington, Strategy being implemented by the or affected by the proposed action. DC 20230; telephone: (202) 482–2786. Forest Service and Bureau of Land Additional information will be utilized SUPPLEMENTARY INFORMATION: On July Management. This is an interim strategy from the scoping activities that occurred 30, 1993, the Coalition for Fair Lumber to conserve Pacific Salmon, steelhead for the PACFISH, Upper Columbia River Imports (the Coalition), the Government and sea-run cutthroat trout throughout Basin EIS and Eastside Ecosystem of Canada, and the Government of their range in Oregon, Washington, Management Strategy EIS. During Quebec requested an administrative Idaho and portions of California. The scoping activities for these projects, review of the countervailing duty order PACFISH decision notice was signed by issues and concerns were identified that on certain softwood lumber from Forest Service and Bureau of Land relate to inland fisheries and may have Canada for the period March 12, 1992 Management on February 24, 1995. bearing on this environmental analysis. through March 31, 1993. In addition, There are two ecosystem-based The responsible officials for National one hundred and ninety companies environmental impact statements being Forest System lands will be the Regional requested individual company reviews. prepared for National Forest System and Foresters for the: On August 24, 1993, the Department BLM-administered land in the Interior —Intermountain Region, Federal published a notice initiating the Columbia River Basin. The Eastside Building, 324 25th Street, Ogden, administrative reviews for that period Ecosystem Management Strategy EIS Utah 84401; (58 FR 44653). applies to the area of Washington and —Northern Region, P.O. Box 7669, On July 28, 1994, the Coalition Oregon east of the crest of the Cascade Missoula, Montana 59807; and requested an administrative review of mountain range. The Upper Columbia —Pacific Northwest Region, P.O. Box the countervailing duty order on River Basin EIS will apply to Idaho and 3623, Portland, Oregon 97208. softwood lumber from Canada for the portions of Utah, Wyoming, Nevada,and The decision and reasons for the period April 1, 1993 through March 16, Montana. The two documents will decision will be documented in a 1994. On August 1, 1994, the contain long-term strategies designed to Decision Notice. The Environmental Government of Canada requested an replace the interim protection afforded Assessment and Decision Notice are administrative review for the same by PACFISH and this Inland Native Fish expected to be available in June, 1995. period. In addition, one hundred and Strategy. five companies requested individual Dated: March 8, 1995. Concurrently, the Forest Service in company reviews. the Pacific Northwest is completing an David J. Wright, On August 16, 1994, the Department EA that proposes to amend the interim Inland Native Fish Team Leader, Idaho revoked the countervailing duty order Forest Plan Direction issued on May 20, Panhandle National Forests. on softwood lumber from Canada 1994 by Regional Forester John Lowe. [FR Doc. 95–6255 Filed 3–13–95; 8:45 am] pursuant to a decision of the Binational This EA proposes adjustments to the BILLING CODE 3410±11±M Panel convened under the United Historic Range of Variability and States-Canada Free Trade Agreement (59 portions of the wildlife screen. Any FR 42029), and instructed the U.S. changes to the riparian screen portion of DEPARTMENT OF COMMERCE Customs Service to (1) stop collecting the current direction will be considered cash deposits on imports of softwood in the Inland Native Fish Strategy. International Trade Administration lumber from Canada, and (2) refund, At its discretion, the Forest Service with interest, all cash deposits made on may amend forest plans based on the [C±122±816] or after March 17, 1994, the effective results of monitoring and evaluation (36 Certain Softwood Lumber from date of the Binational Panel’s decision. CFR 219.10(f), 219.12(k)). Review of Canada; Determination to Terminate On December 15, 1994, the United research reports and published and Not To Initiate Countervailing Duty States and Canada agreed to enter into professional papers (Rieman and Administrative Reviews consultations to try to resolve the trade McIntyre 1993; Sedell et al. 1990; dispute regarding softwood lumber from Grumbine 1990; Williams and Neves AGENCY: Import Administration, Canada. The Department also decided, 1992; Oregon Trout 1994) indicates that International Trade Administration, under the authority of the Tariff Act of additional long-term programmatic Department of Commerce. 1930, as amended, to compromise its Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13699 claim for duties on softwood lumber uranium (HEU) within the product HEU products from Kazakhstan will be from Canada. This compromise resolved coverage of the Agreement. The provided to the Department; (4) annual all remaining claims of the United Department subsequently released the summaries of utilization of HEU and States arising from the countervailing Amendment to interested parties for HEU products and associated utility duty order on softwood lumber from comment. After careful consideration by feed will be provided to the Department; Canada. the Department of the comments and (5) the Department determines that Since there is no further basis for submitted and further consultations permitting importation of all or any conducting administrative reviews of between the parties, the Department and portion of the HEU in question is the countervailing duty order on Kazakhstan signed a final Amendment consistent with the purposes of this softwood lumber from Canada, the on February 7, 1995. The text of the Agreement. Department is terminating the final Amendment follows this notice. 2. Exports of HEU must be administrative review for the period Date: March 6, 1995. accompanied by an export certificate endorsed by the Republic of Kazakhstan March 12, 1992 through March 31, 1993, Paul L. Joffe, and will not initiate the administrative specifying the amount of the export. Deputy Assistant Secretary for Import This Amendment constitutes an review for the period April 1, 1993 Administration. through March 16, 1994. integral part of the Agreement Between Dated: March 7, 1995. Amendment to the Agreement Between the United States Department of the United States Department of Commerce and the Republic of Paul L. Joffe, Commerce and the Republic of Kazakhstan Suspending the Deputy Assistant Secretary for Import Kazakhstan Suspending the Antidumping Investigation on Uranium Administration. Antidumping Investigation on Uranium from Kazakhstan. [FR Doc. 95–6256 Filed 3–13–95; 8:45 am] from Kazakhstan BILLING CODE 3510±DS±P Signed on this 7th day of February, 1995. The United States Department of For the Republic of Kazakhstan: Commerce and the Republic of Tuleutai S. Suleimenov, [A±834±802] Kazakhstan hereby amend their Ambassador to the United States. Agreement Suspending the For the United States Department of Agreement Suspending the Antidumping Investigation on Uranium Antidumping Investigation on Uranium Commerce: from Kazakhstan, signed October 16, Paul L. Joffe, From Kazakhstan 1992, as follows: Deputy Assistant Secretary for Import AGENCY: Import Administration, Section III, ‘‘Product Coverage,’’ is Administration. amended to include the following International Trade Administration, [FR Doc. 95–6257 Filed 3–13–95; 8:45 am] Department of Commerce. paragraph: Highly enriched uranium (‘‘HEU’’) is BILLING CODE 33510±DS±P ACTION: Notice of Amendment to the within the scope of this investigation, Agreement Between the United States and HEU is covered by this Agreement. Department of Commerce and the Applications for Duty-Free Entry of For the purpose of this Agreement, HEU Republic of Kazakhstan Suspending the Scientific Instruments means uranium enriched to 20 percent Antidumping Investigation on Uranium or greater in the isotope uranium-235, Pursuant to Section 6(c) of the from Kazakhstan. whether in the form of metal, uranium Educational, Scientific and Cultural SUMMARY: The Department of Commerce oxide, fuel rods, or powder. Materials Importation Act of 1966 (Pub. (the Department) and the Republic of Section IV is amended to include the L. 89–651; 80 Stat. 897; 15 CFR part Kazakhstan (Kazakhstan) have signed an following paragraph L: 301), we invite comments on the Amendment (the Amendment) to the L.1. Exports of HEU pursuant to the question of whether instruments of Agreement Suspending the Purchase Agreement Between the equivalent scientific value, for the Antidumping Investigation on Uranium Government of the United States of purposes for which the instruments from Kazakhstan (the Agreement). America and the Republic of shown below are intended to be used, Kazakhstan, completed November 17, are being manufactured in the United EFFECTIVE DATE: February 7, 1995. 1994 (‘‘Purchase Agreement’’) will not States. FOR FURTHER INFORMATION CONTACT: be counted against the export limits Comments must comply with 15 CFR James Doyle or Maureen Price, Office of established in accordance with 301.5(a)(3) and (4) of the regulations and Agreements Compliance, Import paragraph C of this section. The be filed within 20 days with the Administration, International Trade disposition of the HEU is in the public Statutory Import Programs Staff, U.S. Administration, U.S. Department of interest because: (1) the HEU or Department of Commerce, Washington, Commerce, 14th Street and Constitution products from it will be processed or D.C. 20230. Applications may be Avenue, NW., Washington, DC 20230; delivered by the United States examined between 8:30 A.M. and 5:00 telephone: (202) 482–0172 or (202) 482– Department of Energy, its governmental P.M. in Room 4211, U.S. Department of 0159, respectively. successors, its contractors, assigns, or Commerce, 14th Street and Constitution SUPPLEMENTARY INFORMATION: U.S. private parties acting in a manner Avenue, N.W., Washington, D.C. not inconsistent with the Purchase Docket Number: 95–008. Applicant: Background Agreement; (2) any utility-owned U.S. Department of Energy, 1000 On October 16, 1992, the Department uranium products delivered pursuant to Independence Ave., SW, Washington, and Kazakhstan signed the Agreement enrichment contracts affected by the DC 20585. Instrument: Fuel Cell. and, on October 30, 1992, the purchase of HEU or HEU products will Manufacturer: Fuji Electric Company, Agreement was published in the not be resold in the United States, either Japan. Intended Use: The instrument Federal Register (57 FR 49220, 49222). as natural uranium or as low enriched will be used to convert hydrogen and On November 9, 1994, the Department uranium (‘‘LEU’’) produced in excess of oxygen into electrical power during and Kazakhstan initialled an the contractually-specified amount; (3) studies of the use of a phosphoric acid Amendment to include highly enriched contracts for the purchase of HEU or fuel cell to propel an urban transit bus. 13700 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Application Accepted by Commissioner University of Colorado at Boulder, et U.S. Bureau of Mines, et al.; Notice of of Customs: February 2, 1995. al.; Notice of Consolidated Decision on Consolidated Decision on Applications Docket Number: 95–009. Applicant: Applications for Duty-Free Entry of for Duty-Free Entry of Electron University of Texas at Austin, Center for Scientific Instruments Microscopes Space Research, WRW 402, Campus This is a decision consolidated This is a decision consolidated Code C0605, Austin, TX 78712. pursuant to Section 6(c) of the pursuant to Section 6(c) of the Instrument: Precise Range and Range- Educational, Scientific, and Cultural Educational, Scientific, and Cultural rate Equipment Satellite Tracking Materials Importation Act of 1966 (Pub. Materials Importation Act of 1966 (Pub. Ground Station. Manufacturer: Dornier L. 89–651, 80 Stat. 897; 15 CFR part L. 89–651, 80 Stat. 897; 15 CFR part GmbH, Germany. Intended Use: The 301). Related records can be viewed 301). Related records can be viewed instrument will be used to provide between 8:30 A.M. and 5:00 P.M. in between 8:30 A.M. and 5:00 P.M. in ground based tracking support for Room 4211, U.S. Department of Room 4211, U.S. Department of European Space Agency and Earth- Commerce, 14th and Constitution Commerce, 14th and Constitution Remote Sensing Satellite. Knowing the Avenue, N.W., Washington, D.C. Avenue, N.W., Washington, D.C. precise location of the ERS-2 satellite, Comments: None received. Decision: Docket Number: 94–143. Applicant: Approved. No instrument of equivalent the satellite measurements can be U.S. Bureau of Mines, Denver, CO scientific value to the foreign accurately reduced to study climate and 80225. Instrument: Electron Microscope, instruments described below, for such environmental related phenomenon. Model CM200. Manufacturer: Philips, purposes as each is intended to be used, The Netherlands. Intended Use: See Application Accepted by Commissioner is being manufactured in the United notice at 60 FR 442, January 4, 1995. of Customs: February 9, 1995. States. Order Date: August 25, 1994. Docket Number: 95–010. Applicant: Docket Number: 94–118. Applicant: Docket Number: 94–147. Applicant: Skidaway Institute of Oceanography, University of Colorado at Boulder, Wayne State University, Detroit, MI University System of Georgia, 10 Ocean Boulder, CO 80309. Instrument: 48201. Instrument: Electron Microscope, Science Circle, Savannah, GA 31411. Microvolume Stopped-flow Model JEM-1010. Manufacturer: JEOL, Instrument: Laser Ablation Accessory, Spectrometer, Model SX.17MV. Japan. Intended Use: See notice at 60 FR Electrothermal Vaporization System, Manufacturer: Applied Photophysics, 3394, January 17, 1995. Order Date: Desolvating Nebulizer. Manufacturer: United Kingdom. Intended Use: See October 24, 1994. Fisons, United Kingdom. Intended Use: notice at 59 FR 52958, October 20, 1994. Docket Number: 94–152. Applicant: Reasons: The foreign instrument The instruments are accessories to an University of Virginia, Charlottesvilee, provides: (1) pneumatic syringe drive, existing mass spectrometer used to VA 22903. Instrument: Electron (2) computer acquisition of time- Microscope, Model JEM 2010F. enhance trace metal analysis resolved emission spectra and (3) capabilities when investigating water, Manufacturer: JEOL, Japan. Intended analysis of samples as small as 25 µl. Use: See notice at 60 FR 3394, January sediment, tissue and any type of solid Advice Received From: The National 17, 1995. Order Date: June 29, 1994. sample. Application Accepted by Institutes of Health, January 9, 1995. Comments: None received. Decision: Commissioner of Customs: February 14, Docket Number: 94–120. Applicant: Approved. No instrument of equivalent 1995. Northern Illinois University, DeKalb, IL scientific value to the foreign Docket Number: 95–011. Applicant: 60115. Instrument: Microvolume instrument, for such purposes as these Columbia University in the City of New Stopped-Flow Spectrofluorimeter, instruments are intended to be used, York, Biological Sciences, 500 Fairchild Model SX.17MV. Manufacturer: was being manufactured in the United Bldg., New York, NY 10027. Instrument: Applied Photophysics Ltd., United States at the time the instruments were High Energy Xenon Flashlamp System, Kingdom. Intended Use: See notice at 59 ordered. Reasons: Each foreign FR 52958, October 20, 1994. Reasons: Model XF-10. Manufacturer: Hi-Tech instrument is a conventional The foreign instrument provides: (1) Scientific, United Kingdom. Intended transmission electron microscope time resolution of 0.01 ms with 0.85 ms Use: The instrument will be used for (CTEM) and is intended for research or dead time and (2) detection of small scientific educational uses requiring a flash photolysis of ‘‘caged’’ compounds absorbance changes at high absorbance including caged calcium, a technique CTEM. We know of no CTEM, or any values. Advice Received From: The other instrument suited to these used to examine the effect of local National Institutes of Health, January 9, elevations of calcium in muscle cells on purposes, which was being 1995. manufactured in the United States transmitter release from neurons which The National Institutes of Health either at the time of order of each synapse on that muscle cell. These advises that (1) the capabilities of each instrument or at the time of receipt of experiments are conducted with the of the foreign instruments described application by the U.S. Customs hope of achieving a more complete above are pertinent to each applicant’s Service. understanding of how transmitter is intended purpose and (2) they know of released and how this release is no domestic instrument or apparatus of controlled. Application Accepted by equivalent scientific value for the Frank Creel Commissioner of Customs: February 14, intended use of each instrument. Director, Statutory Import Programs Staff 1995. We know of no other instrument or [FR Doc. 95–6260 Filed 3–13–95; 8:45 am] apparatus being manufactured in the BILLING CODE 3510±DS±F United States which is of equivalent Frank Creel scientific value to either of the foreign Director, Statutory Import Programs Staff instruments. University of California, Notice of [FR Doc. 95–6262 Filed 3–13–95; 8:45 am] Frank Creel Decision on Application for Duty-Free BILLING CODE 3510±DS±F Director, Statutory Import Programs Staff Entry of Scientific Instrument [FR Doc. 95–6263 Filed 3–13–95; 8:45 am] This decision is made pursuant to BILLING CODE 3510±DS±F Section 6(c) of the Educational, Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13701 Scientific, and Cultural Materials is being manufactured in the United scientific value to any of the foreign Importation Act of 1966 (Pub. L. 89– States. instruments. 651, 80 Stat. 897; 15 CFR part 301). Docket Number: 94–109. Applicant: Related records can be viewed between Medical College of Pennsylvania, Frank Creel Philadelphia, PA 19129. Instrument: 8:30 A.M. and 5:00 P.M. in Room 4211, Director, Statutory Import Programs Staff U.S. Department of Commerce, 14th and High Intensity Xenon Flashlamp [FR Doc. 95–6259 Filed 3–13–95; 8:45 am] Constitution Avenue, N.W., System, Model HF-10. Manufacturer: Washington, D.C. Hi-Tech Scientific, United Kingdom. BILLING CODE 3510±DS±F Docket Number: 94–104. Applicant: Intended Use: See notice at 59 FR 52288, October 17, 1994. Reasons: The University of California, San Diego, La University of California, Notice of foreign instrument provides: (1) stored Jolla, CA 92093. Instrument: Imaging Decision on Application for Duty-Free electrical energy to 340 J, (2) anti- Plate X-ray Detector for Protein Entry of Scientific Instrument Crystallography. Manufacturer: Mar reflection coated quartz optics for Research, Germany. Intended Use: See focusing and (3) optical/electrical This decision is made pursuant to notice at 59 FR 49645, September 29, shielding. Advice Received From: Section 6(c) of the Educational, 1994. National Institutes of Health, January 9, Scientific, and Cultural Materials Comments: None received. Decision: 1995. Importation Act of 1966 (Pub. L. 89– Approved. No instrument of equivalent Docket Number: 94–114. Applicant: 651, 80 Stat. 897; 15 CFR part 301). scientific value to the foreign University of Illinois at Urbana, IL Related records can be viewed between instrument, for such purposes as it is 61801. Instrument: Aqua-Tox-Control- 8:30 A.M. and 5:00 P.M. in Room 4211, intended to be used, is being Daphnia Monitor. Manufacturer: Kerre U.S. Department of Commerce, 14th and manufactured in the United States. Umwelt Technik GmbH, Germany. Constitution Avenue, N.W., Reasons: The foreign instrument Intended Use: See notice at 59 FR Washington, D.C. 52958, October 20, 1994. Reasons: The provides: (1) high efficiency detection of Docket Number: 94–139. Applicant: foreign instrument provides use of small University of California, Santa Cruz, CA molybdenum Kα x-rays at resolution to invertebrate organisms as rapid 0.12nm and (2) exposure time of just 90s 95064. Instrument: ICP Mass indicators of toxicity in aqueous allowing use of a single imaging plate Spectrometer, Model ELEMENT. sources. Advice Received From: under computer control and data Manufacturer: Finnigan MAT GmbH, National Institutes of Health, January 9, Germany. Intended Use: See notice at 59 readout. National Institutes of Health 1995. FR 66941, December 28, 1994. advises in its memorandum dated Docket Number: 94–115. Applicant: Comments: None received. Decision: January 9, 1995 that (1) these University of California, Davis, CA Approved. No instrument of equivalent capabilities are pertinent to the 95616. Instrument: High Intensity scientific value to the foreign applicant’s intended purpose and (2) it Xenon Flashlamp System, Model XF-10. instrument, for such purposes as it is knows of no domestic instrument or Manufacturer: Hi-Tech Scientific, intended to be used, is being apparatus of equivalent scientific value United Kingdom. Intended Use: See manufactured in the United States. to the foreign instrument for the notice at 59 FR 52958, October 20, 1994. Reasons: The foreign instrument applicant’s intended use. Reasons: The foreign instrument provides: (1) a double-focussing We know of no other instrument or provides: (1) stored electrical energy to magnetic sector analyzer, (2) resolution apparatus of equivalent scientific value 340 J, (2) anti-reflection coated quartz to 7500, (3) laser ablation and glow to the foreign instrument which is being optics for focusing and (3) optical/ discharge ion sources and (4) sub-ppb manufactured in the United States. electrical shielding. Advice Received measurements of the transition From: National Institutes of Health, elements. These capabilities are Frank Creel January 9, 1995. pertinent to the applicant’s intended Director, Statutory Import Programs Staff Docket Number: 94–119. Applicant: purpose and we know of no instrument [FR Doc. 95–6258 Filed 3–13–95; 8:45 am] Howard Hughes Medical Institute, or apparatus of equivalent scientific BILLING CODE 3510±DS±F Houston, TX 77030. Instrument: X-Ray value to the foreign instrument which is Diffraction Image Processor, Model DIP- being manufactured in the United 2030. Manufacturer: Mac Science Co., States. Medical College of Pennsylvania, et al.; Ltd., Japan. Intended Use: See notice at Notice of Consolidated Decision on 59 FR 52958, October 20, 1994. Reasons: Frank Creel Applications for Duty-Free Entry of The foreign instrument provides: (1) Director, Statutory Import Programs Staff sensitivity of 1 x-ray proton per level, Scientific Instruments [FR Doc. 95–6264 Filed 3–13–95; 8:45 am] (2) dynamic range of 106 and (3) This is a decision consolidated measurement with pseudo - BILLING CODE 3510±DS±F pursuant to Section 6(c) of the Weissenberg geometry. Advice Received Educational, Scientific, and Cultural From: National Institutes of Health, University of Massachusetts Materials Importation Act of 1966 (Pub. January 9, 1995. Dartmouth, Notice of Decision on L. 89–651, 80 Stat. 897; 15 CFR part The National Institutes of Health Application for Duty-Free Entry of 301). Related records can be viewed advises that (1) the capabilities of each Scientific Instrument between 8:30 A.M. and 5:00 P.M. in of the foreign instruments described Room 4211, U.S. Department of above are pertinent to each applicant’s This decision is made pursuant to Commerce, 14th and Constitution intended purpose and (2) they know of Section 6(c) of the Educational, Avenue, N.W., Washington, D.C. no domestic instrument or apparatus of Scientific, and Cultural Materials Comments: None received. Decision: equivalent scientific value for the Importation Act of 1966 (Pub. L. 89– Approved. No instrument of equivalent intended use of each instrument. 651, 80 Stat. 897; 15 CFR part 301). scientific value to the foreign We know of no other instrument or Related records can be viewed between instruments described below, for such apparatus being manufactured in the 8:30 AM and 5:00 PM in Room 4211, purposes as each is intended to be used, United States which is of equivalent U.S. Department of Commerce, 14th and 13702 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Constitution Avenue, N.W., TIMES: 9:00 AM–1:00 PM (Impact on information on existence of criminal Washington, D.C. Population Change). convictions or adjudications. Docket Number: 94–100. Applicant: ADDRESSES: Sheration Mesa Hotel, 200 DATES: An expedited review has been University of Massachusetts Dartmouth, North Centennial Way, Mesa, AZ 85201, requested in accordance with the Act, N. Dartmouth, MA 02747. Instrument: 602–898–8300. since allowing for the normal review Pneumatic Drive Accessory for stopped- FOR FURTHER INFORMATION: Paul period would adversely affect the public flow kinetics apparatus, Model Opt.12P. Donnelly (202) 673–5348. interest. OMB and AmeriCorps*NCCC Manufacturer: Hi-Tech Scientific, Dated: March 7, 1995. will consider comments on the United Kingdom. Intended Use: See proposed collection of information and Susan Martin, notice at 59 FR 49645, September 29, record keeping requirements on or 1994. Executive Director. before April 13, 1995. Comments: None received. Decision: [FR Doc. 95–6151 Filed 3–13–95; 8:45 am] ADDRESSES: Fred Peters, Deputy Approved. No instrument of equivalent BILLING CODE 6820±97±M Director, AmeriCorps*NCCC, 1201 New scientific value to the foreign York Avenue, N.W., Washington, D.C. instrument, for such purposes as it is 20525. intended to be used, is being CORPORATION FOR NATIONAL AND SEND COMMENTS TO BOTH: Dan Chenok, manufactured in the United States. COMMUNITY SERVICE Reasons: This is a compatible accessory Desk Officer for Corporation for for an existing instrument purchased for Notice of Information collection National Service, Office of Management the use of the applicant. The National request and Budget, 3002 New Executive Institutes of Health advises in its Office 1 Bldg., Washington, D.C. 20503. memorandum dated January 9, 1995, AGENCY: Corporation for National and FOR FURTHER INFORMATION CONTACT: Fred that the accessory is pertinent to the Community Service. Peters (202) 606–5000 ext. 102. intended uses and that it knows of no ACTION: Information Collection Request SUPPLEMENTARY INFORMATION: Section comparable domestic accessory. submitted to the Federal Office of 3517 of the Paperwork Reduction Act of We know of no domestic accessory Management and Budget (FOMB) for 1980 (44 U.S.C. Chapter 3517) requires which can be readily adapted to the review. that the Director of OMB provide existing instrument. interested Federal agencies and persons SUMMARY: This notice provides an early opportunity to comment on information about a data collection information collection requests. Frank Creel proposal by AmeriCorps *National Director, Statutory Import Programs Staff Office of Action Issuing Proposal: Civilian Community Corps (A*NCCC) AmeriCorps*NCCC. [FR Doc. 95–6265 Filed 3–13–95; 8:45 am] currently under review by the Office of Title of Forms: AmeriCorps*NCCC BILLING CODE 3510±DS±F Management and Budget (OMB). The Team Leader Application. revised AmeriCorps*NCCC Team Needs and Use: AmeriCorps*NCCC is Leader Application is a document, requesting information to meet COMMISSION ON IMMIGRATION based on the previously approved requirements of federal law. This REFORM AmeriCorps Leaders application (OMB) information is used for program Approval No. 3045–0005). It is to be management, planning, and required Phoenix Roundtables used for the purpose of screening record keeping. AGENCY: Commission on Immigration applicants in the recruitment process for Type of Request: Submission of a new Reform. AmeriCorps*NCCC Team Leaders. The collection. ACTION: Announcement of Commission revisions are as follows: Respondent’s Obligation to Reply: Roundtables. A. Page One, section I., ‘‘Personal Required to receive benefits. Information’’, was expanded to include Frequencey of Collection: On occasion. This notice announces a roundtable to a section requesting the applicant’s Estimated Number of Responses: 500. be held by the U.S. Commission on preferred campus location on which to Average Burden Hours Per Response: 2 Immigration Reform in Phoenix, AZ on serve. hours (reporting and record keeping). March 22, 1995. The Commission, B. Page One, section III., ‘‘National Estimated Annual Reporting or created by Section 141 of the and Community Service Background,’’ Disclosure Burden: 1,000 hours. Immigration Act of 1990, is mandated to was redesigned with the, ‘‘Skills and Regulatory Authority: 1990 National review the Implementation and impact Employment History,’’ title. This section Service Act (as amended). of U.S. Immigration policy and report its requests Team Leader applicants Dated: March 7, 1995. findings to Congress. An interim report, complete the following ‘‘Skills Self- Lew R. Heffner, ‘‘U.S. Immigration Policy: Restoring Assessment’’ and to attach a resume- Deputy Director, AmeriCorps*NCCC. Credibility,’’ was issued on September type document which includes a listing [FR Doc. 95–6165 Filed 3–13–95; 8:45 am] 30, 1994; the final report is due in 1997. of professional experience and service BILLING CODE 6050±28±M The roundtable participants will organizations with whom the applicant include the Commissioners, researchers, has worked. government officials, representatives of C. The section IV., ‘‘Skills in National DEPARTMENT OF DEFENSE local organizations, and other experts. Service Priority Areas,’’ was replaced The roundtable will examine with a ‘‘Skills Self-Assessment’’. Department of the Army immigration as a contributor to D. The applicant reference form was population change and the resulting expanded to include a skills assessment U.S. Army Command and General Staff effects on services, the economy and from the reference. The skills College Advisory Committee natural resources. This subject will be assessment form works with the same AGENCY: examined from both the local and U.S. Army Command and list as the self-assessment form. General Staff College, DOD. national perspectives. E. The section VII., ‘‘Legal’’ was ACTION: Meeting Notice. DATES: March 22, 1995. added to request from applicants Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13703 In accordance with section 10(a)(2) of track written guidance issued to its field months prior to the expiration date). While the Federal Advisory Committee Act agencies. RGL’s are normally issued as there is no formal time limit of this nature, (Pub. L. 92–463) announcement is made a result of evolving policy; judicial a request for an extension of time should generally not be considered by the DE more of the following committee meeting. decisions and changes to the Corps than one year prior to the expiration date. A Name: U.S. Army Command and General regulations or another agency’s permit will automatically expire if an Staff College (CGSC) Advisory Committee. regulations which affect the permit extension is not requested and granted prior Date: 5–7 April 1995. program. RGL’s are used only to to the applicable expiration date (See 33 CFR Place: Bell Hall, Room 113, Fort interpret or clarify existing regulatory 325.6(d)). Leavenworth, Kansas 66027–6900. program policy, but do provide 3. Requests for Time Extensions Prior to Time: 1700–2200—5 April 1995, 0730– mandatory guidance to Corps district Expiration: For requests of time extensions 2100—6 April 1995, 0730–1400—7 April offices. RGL’s are sequentially received prior to the expiration date, the DE should consider the following procedures if 1995. numbered and expire on a specified Proposed Agenda: 1700–2200, 5 April: a decision on the request cannot be Review of CGSC educational program. 0730– date. However, unless superseded by completed prior to the permit expiration 2100, 6 April: Continuation of review. 0730– specific provisions of subsequently date: 1030, 7 April: Continuation of review. 1030– issued regulations or RGL’s, the (a) The DE may grant an interim time 1130, 7 April: Executive Session. 1300–1400, guidance provided in RGL’s generally extension while a final decision is being 7 April: Report to Commandant remains valid after the expiration date. made; or The purpose of the meeting is for the The Corps incorporates most of the (b) The DE may, when appropriate, suspend the permit at the same time that an Advisory Committee to examine the entire guidance provided by RGL’s whenever range of college operations and, where interim time extension is granted, while a it revises its permit regulations. There final decision is being made. appropriate, to provide advice and were two RGL’s issued by the Corps recommendations to the College 4. Requests for Time Extensions After Commandant and faculty. during 1994, and both were published Expiration: A time extension cannot be The meeting will be open to the public to in the Notice Section of the Federal granted if a time extension request is the extent that space limitations of the Register upon issuance. We are hereby received after the applicable time limit. In meeting location permit. Because of these publishing all current RGL’s, beginning such cases, a new permit application must be limitations, interested parties are requested with RGL 91–1 and ending with RGL processed, if the permittee wishes to pursue to reserve space by contacting the the work. However, the DE may consider 94–2. We will continue to publish each expedited processing procedures when: (1) Committee’s Executive Secretary: Philip J. RGL in the Notice Section of the Federal Brooks, USACGSC Advisory Committee, Bell The request is received shortly (generally 30 Register upon issuance and in early days) after the expiration date, (2) the DE Hall, Room 123, Fort Leavenworth, Kansas 1996, we will again publish the determines that there have been no 66027–6900; Phone: (913) 684-2741. complete list of all current RGL’s. substantial changes in the attendant Kenneth L. Denton, circumstances since the original Dated: February 6, 1995. Army Federal Register Liaison Officer. authorization was issued, and (3) the DE James E. Crews, [FR Doc. 95–6180 Filed 3–13–95; 8:45 am] believes that the time extension would likely Acting Chief, Operations, Construction and BILLING CODE 3710±08±M have been granted. Expedited processing Readiness Division, Directorate of Civil procedures may include, but are not limited Works. to, not requiring that a new application form be submitted or issuing a 15 day public Regulatory Guidance Letter (RGL 91–1) Corps of Engineers notice. RGL 91–1 DATE: Dec 31, 1991 EXPIRES: 5. This guidance expires 31 December 1996 Regulatory Guidance Letters Issued by Dec 31, 1996 unless sooner revised or rescinded. the Corps of Engineers SUBJECT: Extensions of Time For Individual For the Director of Civil Works: Permit Authorizations AGENCY: U.S. Army Corps of Engineers, John P. Elmore, P.E., 1. The purpose of this guidance is to DoD. provide clarification for district and division Chief, Operations, Construction and ACTION: Notice. offices relating to extensions of time for Readiness Division Directorate of Civil Works. Department of the Army permits (See 33 CFR Regulatory Guidance Letter (RGL 92–1) SUMMARY: The purpose of this notice is 325.6). to provide current Regulatory Guidance 2. General: A permittee is informed of the RGL 92–1 Date: 13 May 1992, Expires: 31 Letters (RGL’s) to all interested parties. time limit for completing an authorized December 1997 activity by General Condition #1 of the Subject: Federal Agencies Roles and RGL’s are used by the Corps Responsibilities. Headquarters as a means to transmit standard permit form (ENG Form 1721). This 1. Purpose: The purpose of this guidance guidance on the permit program (33 condition states that a request for an extension of time should be submitted to the is to clarify the Army Corps of Engineers CFR 320–330) to its division and district authorizing official at least one month prior leadership and decision-making role as engineers (DE’s). Each future RGL will to the expiration date. This request should be ‘‘project manager’’ for the evaluation of be published in the Notice Section of in writing and should explain the basis of the permit applications pursuant to Section 404 the Federal Register as a means to request. The DE may consider an oral request of the Clean Water Act (CWA) and Section insure the widest dissemination of this from the permittee provided it is followed up 10 of the Rivers and Harbors Act. This information while reducing costs to the with a written request prior to the expiration guidance is also intended to encourage Federal Government. The Corps no date. A request for an extension of time will effective and efficient coordination among usually be granted unless the DE determines prospective permittees, the Corps, and the longer maintains a mailing list to that the time extension would be contrary to Federal resource agencies (i.e., furnish copies of the RGL’s to the the public interest. The one month submittal Environmental Protection Agency (EPA), public. requirement is a workload management time Fish and Wildlife Service (FWS), and FOR FURTHER INFORMATION CONTACT: Mr. limit designed to prevent permittees from National Marine Fisheries Service (NMFS)). Ralph Eppard, Regulatory Branch, filing last minute time extension requests. Implementation of this guidance will help to Office of the Chief of Engineers at (202) Obviously, the one month period is not streamline the permit process by minimizing 272–1783. sufficient to make a final decision on all time delays and ensuring more timely decisions, extension requests that are processed in while providing a meaningful opportunity for SUPPLEMENTARY INFORMATION: RGL’s accordance with 33 CFR 325.2. It should be substantive input from all Federal agencies. were developed by the Corps of noted that a permittee may choose to request 2. Background: (a) The Department of the Engineers as a system to organize and a time extension sooner than this (e.g., six Army Regulatory Program must operate in an 13704 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices efficient manner in order to protect the project opponent or advocate—but instead application (e.g., the Conservation Reserve aquatic environment and provide fair, will maintain an objective evaluation, fully Program and technical assistance to equitable, and timely decisions to the considering all relevant factors. applicants of Federal grants). regulated public. Clear leadership and a (c) The Corps will fully consider other (b) For those pre-application consultations predictable decision-making framework will Federal agencies’ project-related comments involving activities that may result in enhance the public acceptance of the when determining compliance with the impacts to aquatic resources, the Corps will program and allow the program to meet the National Environmental Policy Act (NEPA), provide EPA, FWS, NMFS (as appropriate), important objective of effectively protecting the Section 404(b)(1) Guidelines, the ESA, and other appropriate Federal and State the Nation’s valuable aquatic resources. the National Historic Preservation Act, and agencies, a reasonable opportunity to (b) On August 9, 1991, the President other relevant statutes, regulations, and participate in the pre-application process. announced a comprehensive plan for policies. The Corps will also fully consider The invited agencies will participate to the improving the protection of the Nation’s the agencies’ views when determining maximum extent possible in the pre- wetlands. The plan seeks to balance two whether to issue the permit, to issue the application consultation, since this is important objectives—the protection, permit with conditions and/or mitigation, or generally the best time to consider restoration, and creation of wetlands and the to deny the permit. alternatives for avoiding or reducing adverse need for sustained economic growth and 4. The Federal Resource Agencies’ Role: (a) impacts. To the extent practical, the Corps development. The plan, which is designed to It is recognized that the Federal resource and the Federal resource agencies will slow and eventually stop the net loss of agencies have an important role in the develop local procedures (e.g., wetlands, includes measures that will Department of the Army Regulatory Program teleconferencing) to promote reasonable and improve and streamline the current wetlands under the CWA, NEPA, ESA, Magnuson effective pre-application consultations within regulatory system. This Regulatory Guidance Fisheries Conservation and Management Act, the logistical constraints of all affected Letter is issued in accordance with the and other relevant statutes. parties. President’s plan for protecting wetlands. (b) When providing comments, Federal 6. Applications for Individual Permits: (a) (c) The intent of this guidance is to express resource agencies will submit to the Corps The Corps is responsible for determining the clearly that the Corps is the decision-maker only substantive, project-related information need for, and the coordination of, interagency and project manager for the Department of on the impacts of activities being evaluated meetings, requests for information, and other Army’s Regulatory Program. The Corps will by the Corps and appropriate and practicable interactions between permit applicants and consider, to the maximum extent possible, all measures to mitigate adverse impacts. The the Federal Government. In this regard, timely, project-related comments from other comments will be submitted within the time Federal resource agencies will contact the Federal agencies when making regulatory frames established in interagency agreements Corps to discuss and coordinate any decisions. Furthermore, the Corps and and regulations. Federal resource agencies additional need for information from the relevant Federal agencies will maintain and will limit their comments to their respective applicant. The Corps will cooperate with the improve as necessary their working areas of expertise and authority to avoid Federal resource agencies to ensure, to the relationships. duplication with the Corps and other extent practical, that information necessary (d) The Federal resource agencies have agencies and to provide the Corps with a for the agencies to carry out their reviewed and concurred with this guidance sound basis for making permit decisions. The responsibilities is obtained. If it is and have agreed to act in accordance with Federal resource agencies should not submit determined by the Corps that an applicant these provisions. While this guidance does comments that attempt to interpret the Corps meeting is necessary for the exchange of not restrict or impair the exercise of legal regulations or for the purposes of section information with a Federal resource agency authorities vested in the Federal resource 404(a) make determinations concerning and the Corps chooses not to participate in agencies or States under the CWA or other compliance with the Section 404(b)(1) such a meeting, the Federal resource agency statutes and regulations (e.g., EPA’s authority Guidelines. Pursuant to its authority under will apprise the Corps, generally in writing, under section 404(c), section 404(f), and Section 404(b)(1) of the CWA, the EPA may of that agency’s discussions with the CWA geographic jurisdiction and FWS/ provide comments to the Corps identifying applicant. Notwithstanding such meetings, NMFS authorities under the Fish and its views regarding compliance with the the Corps is solely responsible for permit Wildlife Coordination Act and the Guidelines. While the Corps will fully requirements, including mitigation and other Endangered Species Act (ESA)), agency consider and utilize agency comments, the conditions—the Federal resource agencies comments on Department of the Army permit final decision regarding the permit must not represent their views as regulatory applications must be consistent with the application, including a determination of requirements. In circumstances where the provisions contained in this regulatory compliance with the Guidelines, rests solely Corps meets with the applicant and develops guidance letter. with the Corps. information that will affect the permit 3. The Corps Project Management/Decision 5. Pre-Application Consultation: (a) To decision, the Corps will apprise the Federal Making Role: (a) The Corps is solely provide potential applicants with the resource agencies of such information. responsible for making final permit decisions maximum degree of relevant information at (b) Consistent with 33 CFR 325, the Corps pursuant to section 10 and section 404(a), an early phase of project planning, the Corps will ensure that public notices contain including final determinations of compliance will increase its efforts to encourage pre- sufficient information to facilitate the timely with the Corps permit regulations, the application consultations in accordance with submittal of project-specific comments from Section 404(b)(1) Guidelines, and Section regulations at 33 CFR 325.1(b). Furthermore, the Federal resource agencies. The resource 7(a)(2) of the ESA. As such, the Corps will while encouraging pre-application agencies comments will provide specific act as the project manager for the evaluation consultation, the Corps will emphasize the information and/or data related to the of all permit applications. The Corps will need for early consultation concerning proposed project site. The Corps will fully advise potential applicants of its role as the mitigation requirements, if impacts to aquatic consider comments regarding the site from a project manager and decision-maker. This resources may occur. The Corps is watershed or landscape scale, including an guidance does not restrict EPA’s authority to responsible for initiating, coordinating, and evaluation of potential cumulative and make determinations of compliance with the conducting pre-application consultations and secondary impacts. Guidelines in carrying out its responsibilities other discussions and meetings with (c) The Corps must consider cumulative under Sections 309 and 404(c) of the Clean applicants regarding Department of the Army impacts in reaching permit decisions. In Water Act. permits. This may not apply in instances addition to the Corps own expertise and (b) As the project manager, the Corps is where the consultation is associated with the experience, the Corps will fully consider responsible for requesting and evaluating review of a separate permit or license comments from the Federal resource information concerning all permit required from another Federal agency (e.g., agencies, which can provide valuable applications. The Corps will obtain and the Federal Energy Regulatory Commission information on cumulative impacts. utilize this information in a manner that or the Nuclear Regulatory Commission) or in Interested Federal agencies are encouraged to moves, as rapidly as practical, the regulatory situations where resource agencies perform provide periodically to the Corps generic process towards a final permit decision. The work for others outside the context of a comments and assessments of impacts Corps will not evaluate applications as a specific Department of the Army permit (outside the context of a specific permit Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13705 application) on issues within the agencies’ (C). These sections of the Corps and EPA dependent activity, must represent the least area of expertise. regulations state, among other things, that environmentally damaging practicable 7. General Permits: cranberries are a wetland crop, and that some alternative in order to comply with the (a) The Corps is responsible for proposing discharges associated with cranberry alternatives analysis requirement of the potential general permits, assessing impacts production are considered exempt from Guidelines as described in paragraph 2 of of and comments on proposed general regulation under the provisions of Section this memorandum. permits, and deciding whether to issue 404(f) of the Clean Water Act. The 5. As previously indicated, Corps and EPA general permits. The Corps will consider characterization of cranberries as a wetland regulations consider cranberries as a wetland proposals for general permits from other crop has led to inconsistency in determining crop species. This characterization of sources, including the Federal resource if cranberry production is a water dependent cranberries as a wetland crop species is based agencies, although the final decision activity as defined in the Section 404(b)(1) primarily on the listing of cranberries as an regarding the need to propose a general Guidelines (Guidelines). obligate hydrophyte in the National List of permit rests with the Corps. Other interested 2. The intent of Corps regulations at 33 Plant Species That Occur in Wetlands (U.S. Federal agencies should provide comments CFR 320.4(b) and of the Guidelines is to Fish and Wildlife Service Biological Report to the Corps on proposed general permits. avoid the unnecessary destruction or 88 (26.1–26.13)) and the fact that cranberries These Federal agency comments will be alteration of waters of the U.S., including must be grown in wetlands or areas altered submitted consistent with established wetlands, and to compensate for the to create a wetland environment. Therefore, agreements and regulations and will focus on unavoidable loss of such waters. The the Corps and EPA consider the construction the Federal agencies’ area(s) of expertise. The Guidelines specifically require that ‘‘no of cranberry beds, including associated dikes Corps will fully consider such agencies’ discharge of dredged or fill material shall be and water control structures associated with comments in deciding whether to issue permitted if there is a practicable alternative dikes (i.e., headgates, weirs, drop inlet general permits, including programmatic to the proposed discharge which would have structures), to be a water dependent activity. general permits. less adverse impact on the aquatic ecosystem, Consequently, discharges directly associated (b) The Corps is responsible for initiating so long as the alternative does not have other with cranberry bed construction are not and conducting meetings that may be significant adverse environmental subject to the presumptions applicable to necessary in developing and evaluating consequences’’ (see 40 CFR 230.10(a)). Based non-water dependent activities discussed in potential general permits. Any discussions on this provision, an evaluation is required paragraph 3 of this memorandum. However, with a State or local Government regarding in every case for use of non-aquatic areas and consistent with the requirements of Section proposed programmatic general permits will other aquatic sites that would result in less 230.10(a), the proposed discharge must be coordinated through and conducted by the adverse impact to the aquatic ecosystem, represent the least environmentally damaging Corps. Prior to issuing a programmatic irrespective of whether the discharge site is practicable alternative, after considering general permit, the Corps will ensure that the a special aquatic site or whether the activity aquatic and non-aquatic alternatives as State or local program, by itself or with associated with the discharge is water appropriate. To be considered practicable, an appropriate conditions, will protect the dependent. A permit cannot be issued, alternative must be available and capable of aquatic environment, including wetlands, to therefore, in circumstances where an being done after taking into consideration the level required by the section 404 environmentally preferable practicable cost, existing technology, and logistics in program. alternative for the proposed discharge exists light of overall project purposes. For 8. This guidance expires 31 December 1997 (except as provided for under Section commercial cranberry cultivation, practicable unless sooner revised or rescinded. 404(b)(2)). alternatives may include upland sites with For the Commander: 3. For proposed discharges into wetlands proper characteristics for creating the Arthur E. Williams, and other ‘‘special aquatic sites,’’ the necessary conditions to grow cranberries. Major General, USA, Director of Civil Works. Guidelines alternatives analysis requirement Factors that must be considered in making a further considers whether the activity determination of whether or not upland Regulatory Guidance Letter (92–2) associated with the proposed discharge is alternatives are practicable include soil pH, RGL 92–2 Date: 26 June 92 Expires: 31 ‘‘water dependent’’. The Guidelines define topography, soil permeability, depth to December 95 CECW–OR water dependency in terms of an activity bedrock, depth to seasonal high water table, Subject: Water Dependency and Cranberry requiring access or proximity to or siting adjacent land uses, water supply, and, for Production within a special aquatic site to fulfill its basic expansion of existing cranberry operations, 1. Enclosed for implementation is a joint project purpose. Special aquatic sites (as proximity to existing cranberry farms. EPA Army Corps of Engineers/Environmental defined in 40 CFR 230.40–230.45) are: (1) Regions and Corps Districts are encouraged Protection Agency Memorandum to the Field sanctuaries and refuges; (2) wetlands; (3) to work together with local cranberry growers on water dependency and cranberry mud flats; (4) vegetated shallows; (5) coral to refine these factors to reflect their regional production. This guidance was developed reefs; and (6) riffle and pool complexes. If an conditions. jointly by the Army Corps of Engineers and activity is determined not to be water 6. In contrast, the following activities often the U.S. Environmental Protection Agency. dependent, the Guidelines establish the associated with the cultivation and 2. This guidance will expire 31 December following two presumptions (40 CFR harvesting of cranberries are not considered 1995 unless sooner revised or rescinded. 230.10(a)(3)) that the applicant is required to water dependent: construction of roads, For the Director of Civil Works: rebut before satisfying the alternatives ditches, reservoirs, and pump houses that are analysis requirements: used during the cultivation of cranberries, John P. Elmore, P.E., a. that practicable alternatives that do not and construction of secondary support Chief, Operations, Construction and involve special aquatic sites are presumed to facilities for shipping, storage, packaging, Readiness Division, Directorate of Civil be available; and, parking, etc. Therefore, the rebuttable Works. b. that all practicable alternatives to the practicable alternatives presumptions Memorandum to the Field proposed discharge which do not involve a discussed in paragraph 3 of this discharge into a special aquatic site are memorandum apply to the discharges SUBJECT: Water Dependency and Cranberry presumed to have less adverse impact on the associated with these non-water dependent Production aquatic ecosystem. activities. However, since determinations of 1. The purpose of this memorandum is to It is the responsibility of the applicant to practicability under the Guidelines includes clarify the applicability of the Section clearly rebut these presumptions in order to consideration of cost, technical, and logistics 404(b)(1) Guidelines water dependency demonstrate compliance with the Guidelines factors, determining the availability of provisions (40 CFR 230.10(a)) to the alternatives test. practicable alternatives to discharges cultivation of cranberries, in light of Army 4. If an activity is determined to be water associated with these non-water dependent Corps of Engineers (Corps) regulations at 33 dependent, the rebuttable presumptions activities must involve consideration of the CFR 323.4(a)(1)(iii)(C)(1) (ii) and (iii), and stated in paragraph 3 of this memorandum do need of an alternative to be proximate to the Environmental Protection Agency (EPA) not apply. However, the proposed discharge, cranberry bed in order to achieve the basic regulations at 40 CFR 232.3(d)(3)(i) (B) and whether or not it is associated with a water project purpose of cranberry cultivation. 13706 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Once it has been determined that the location zone.’’ This process of collaborative 1. The purpose of this Regulatory Guidance of the cranberry bed, including associated interagency planning within a geographic Letter (RGL) is to provide additional dikes, and water control structures, area of special sensitivity is just as applicable guidance and clarification for divisions and represents the least environmentally in non-coastal areas. districts involved in developing acceptable damaging practicable alternative, practicable 2. A good SAMP reduces the problems conditions under the Section 401 Water alternatives for maintenance roads, ditches, associated with the traditional case-by-case Quality Certifications and Coastal Zone reservoirs and pump houses will generally be review. Developmental interests can plan Management Act (CZM) concurrences for the limited to the bed itself and the area in the with predictability and environmental Nationwide Permit (NWP) Program. This vicinity of the actual bed. For example, the interests are assured that individual and RGL represents a clarification of 330.4(c) (2) bed dikes may be the only practicable cumulative impacts are analyzed in the and (3) and 330.4(d) (2) and (3), concerning alternative for location of maintenance roads. context of broad ecosystem needs. when NWP Section 401 and CZM conditions When practicable alternatives cannot be 3. Because SAMP’s are very labor should not be accepted and thus treated as identified within such geographic intensive, the following ingredients should a denial without prejudice. The principles constraints, the applicant must minimize the usually exist before a district engineer contained in this RGL also apply to 401 impacts of the roads, reservoirs, etc., to the becomes involved in a SAMP: certification and CZM concurrence maximum extent practicable. a. The area should be environmentally conditions associated with individual 7. During review of applications for sensitive and under strong developmental permits and regional general permits. discharges associated with cranberry pressure. 2. Corps divisions and districts should cultivation, it is important to reiterate that b. There should be a sponsoring local work closely and cooperatively with the proposed discharges must also comply with agency to ensure that the plan fully reflects States to develop reasonable 401 and CZM the other requirements of the Guidelines (i.e., local needs and interests. conditions. All involved parties should 40 CFR 230.10 (b), (c) and (d)). In addition, participate in achieving the purpose of the c. Ideally there should be full public evaluations of all discharges, whether or not NWP program, which is to provide the public involvement in the planning and the proposed discharge is associated with a with an expeditious permitting process development process. water dependent activity, must comply with while, at the same time, safeguarding the d. All parties must express a willingness at the provisions of the National Environmental environment by only authorizing activities the outset to conclude the SAMP process Policy Act, including an investigation of which result in no more than minimal with a definitive regulatory product (see next alternatives to the proposed discharge. individual and cumulative adverse effects. paragraph). Further, applications for discharges When a State certifying agency or CZM 4. An ideal SAMP would conclude with associated with cranberry cultivation will agency proposes conditions, the division two products: 1) appropriate local/State continue to be evaluated in accordance with engineer is responsible for determining approvals and a Corps general permit (GP) or current Corps and EPA policy and practice whether 401 Water Quality Certification or concerning mitigation, cumulative impact abbreviated processing procedure (APP) for CZM concurrence conditions are acceptable analysis, and public interest review factors. activities in specifically defined situations; and comply with the provisions of 33 CFR 8. This guidance expires 31 December 1995 and 2) a local/State restriction and/or an 325.4. In most cases it is expected that the unless sooner revised or rescinded. Environmental Protection Agency (EPA) conditions will be acceptable and the For the Director of Civil Works: 404(c) restriction (preferably both) for division engineer shall recognize these undesirable activities. An individual permit Robert H. Wayland III, conditions as regional conditions of the review may be conducted for activities that Director, Office of Wetlands, Oceans, and NWP’s. do not fall into either category above. 3. Unacceptable Conditions: There will be Watersheds, U.S. Environmental Protection However, it should represent a small number Agency. cases when certain conditions will clearly be of the total cases addressed by the SAMP. We unacceptable and those conditioned 401 John P. Elmore, recognize that an ideal SAMP is difficult to certifications or CZM concurrences shall be Chief, Operations, Construction and achieve, and, therefore, it is intended to considered administratively denied. Readiness Division, Directorate of Civil represent an upper limit rather than an Consequently, authorization for an activity Works. absolute requirement. which meets the terms and conditions of 5. Do not assume that an environmental Regulatory Guidance Letter (92–3) such NWP(s) is denied without prejudice. impact statement is automatically required to a. Illegal conditions are clearly RGL 92–3 DATE: 19 Aug 92 EXPIRES: 31 develop a SAMP. unacceptable. Illegal conditions would result Dec 97 6. EPA’s program for advance in violation of a law or regulation, or would SUBJECT: Extension of Regulatory Guidance identification of disposal areas found at 40 require an illegal action. For example, a Letter (RGL) 86–10 CFR 230.80 can be integrated into a SAMP condition which would require an applicant RGL 86–10, subject: ‘‘Special Area process. to obtain a 401 certification or CZM Management Plans (SAMP’s)’’ is extended 7. In accordance with this guidance, concurrence, where the State has previously until 31 December 1997 unless sooner district engineers are encouraged to denied certification or concurrence, prior to revised or rescinded. participate in development of SAMP’s. submitting a predischarge notification (PDN) For the Director of Civil Works: However, since development of a SAMP can to the Corps in accordance with PDN John P. Elmore, require a considerable investment of time, procedures, would violate the Corps resources, and money, the SAMP process Chief, Operations, Construction and regulation at 33 CFR 330.4(c)(6). Another should be entered only if it is likely to result example would be a case where an applicant Readiness Division, Directorate of Civil in a definitive regulatory product as defined Works. would be required, through a condition, to in paragraph 4. above. apply for an individual Department of the RGL 86–10 8. This guidance expires 31 December 1988 Army permit. Another example is a Special Area Management Plans (SAMP’s) unless sooner revised or rescinded. requirement by the State agency to utilize the Issued 10/2/86 Expired 12/31/88 For the Chief of Engineers: 1989 Federal Wetland Delineation Manual to 1. The 1980 Amendments to the Coastal Peter J. Offringa, establish jurisdiction. Zone Management Act define the SAMP Brigadier General, USA, Deputy Director of b. As a general rule, a condition that would process as ‘‘a comprehensive plan providing Civil Works. require the Corps or another Federal agency for natural resource protection and to take an action which we would not reasonable coastal-dependent economic Regulatory Guidance Letter (RGL–92–4) otherwise take and do not choose to take, growth containing a detailed and RGL 92–4 DATE: 14 Sep 1992 EXPIRES: would be clearly unacceptable. For example, comprehensive statement of policies, 21 Jan 1997 where the certification or concurrence is standards and criteria to guide public and SUBJECT: Section 401 Water Quality conditioned to require a PDN, where the private uses of lands and waters; and Certification and Coastal Zone proposed activity did not previously require mechanisms for timely implementation in Management Act Conditions for a PDN, the Corps should not accept that specific geographic areas within the coastal Nationwide Permits condition, since implicitly the Corps would Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13707 have to accept and utilize the PDN. Another ‘‘Based on our review of your proposal to endorsement of the industry’s ability to select example would be a situation where the U.S. [describe proposal], we have determined that the most effective compliance method (e.g., Fish and Wildlife Service is required, the activity qualifies for the nationwide sulfur dioxide scrubbers, low sulfur coal, or through a condition, to provide any type of permit authorization [insert NWP No(s.)], other methods) recognizes the expertise of formal review or approval. subject to the terms and conditions of the the industry in these cases and is a c. Section 401 or CZM conditions which permit. fundamental element in the CAA market- provide for limits (quantities, dimensions, [Insert paragraph on any Corps required based pollution control program. Given the etc.) different from those imposed by the activity-specific conditions]. need for cooling water, a substantial number NWP do not change the NWP limits. Enclosed you will find a copy of the of electric power generating plants are 1. Higher limits are clearly not acceptable. Section 401 Water Quality Certification and/ located adjacent, or in close proximity, to For example, increasing NWP 18 for minor or Coastal Zone Management special waters of the United States, including discharges from 10 to 50 cubic yards would conditions, which are conditions of your wetlands. Depending on the method chosen not be acceptable. Such conditions would authorization under Nationwide Permit by the plants to reduce emissions, we expect confuse the regulated public and could [insert NWP No(s.)]. If you have questions that these facilities will be applying for Clean contribute to violations. concerning compliance with the conditions Water Act Section 404 permits for certain 2. Lower limits are acceptable but have the of the 401 certification or Coastal Zone proposed activities. effect of denial without prejudice of those Management concurrence, you should 2. The analysis and regulation under activities that are higher than the Section 401 contact the [insert appropriate State agency]. Section 404 of the Clean Water Act of or CZM condition limit but within the NWP If you do not or cannot comply with these activities in waters of the United States limit. Thus, if an applicant obtains an State Section 401 certification conditions conducted by specific power plants to individual 401 water quality certification and/or CZM conditions, then in order to be comply with the 1990 Clean Air Act and/or CZM concurrence for work within the authorized by this Nationwide Permit, you amendments must ensure protection of the limits of an NWP where the State had denied must furnish this office with an individual aquatic environment consistent with the certification and/or CZM concurrence, then 401 certification or Coastal Zone requirements of the Clean Water Act. The the activity could be authorized by the NWP. Management concurrence from [insert review of applications for such projects will d. A condition which would delete, appropriate State agency], or a copy of the fully consider, consistent with requirements modify, or reduce NWP conditions would be application to the State for such certification under the Section 404(b)(1) Guidelines, all clearly unacceptable. or concurrence, [insert ‘‘60 days’’ for Section practicable alternatives including non- 4. Discretionary Enforcement: The 401 water quality certification, unless aquatic alternatives, for proposed discharges initiation of enforcement actions by the another reasonable period of time has been associated with the method selected by the Corps, whether directed at unauthorized determined pursuant to 33 CFR 330.4(c)(6), utility to comply with the 1990 Clean Air Act activities or to ensure compliance with or insert ‘‘six months’’ for CZM concurrence] amendments. For the purposes of the Section permit conditions, is discretionary. The after you submit it to the State agency.’’ 404(b)(1) Guidelines analysis, the project district engineer will consider the following 6. This guidance expires 21 January 1997 purpose will be that pollutant reduction situations when determining whether to unless sooner revised or rescinded. method selected by the permit applicant. enforce 401 and/or CZM conditions. For the Director of Civil Works: 3. For example, a utility may have decided a. Unenforceable Conditions—Some John P. Elmore, P.E., to install sulfur dioxide scrubbers on an conditions that a State may propose will not Chief, Operations, Construction and existing power plant in order to meet the new be reasonably enforceable by the Corps (e.g., Readiness Division, Directorate of Civil 1990 Clean Air Act standards. The proposed a condition requiring compliance with the Works. construction of the scrubbers, treatment specific terms of another State permit). ponds and a barge unloading facility could Provided such conditions do not violate Regulatory Guidance Letter (RGL 92–5) impact wetlands. In this case, the Section 404 paragraph 3 above, the conditions will be RGL 92–5 Date: 29 October 1992, Expires: review would evaluate practicable alternative accepted by the Corps as regionally 31 December 1997 locations and configurations for the conditions. However, limited Corps resources Subject: Alternatives Analysis Under the scrubbers, ponds and of the docking should not be utilized in an attempt to Section 404(b)(1) Guidelines for Projects facilities. The analysis will also consider enforce compliance with 401 or CZM Subject to Modification Under the Clean practicable alternatives which satisfy the conditions which the district engineer Air Act. project purpose (i.e., installing scrubbers) but believes to be essentially unenforceable, or of 1. Enclosed for implementation is a joint which have a less adverse impact on the low enforcement priority for limited Corps Army Corps of Engineers/Environmental aquatic environment or do not involve resources. Protection Agency Memorandum to the Field discharges into waters of the United States. b. Enforceable Conditions—Some other on alternatives analysis for existing power However, in order to best effectuate conditions proposed by a State may be plants that must be modified to meet Congressional intent reflected in the CAA considered enforceable, (e.g., a condition requirements of the 1990 Clean Air Act. This that electric utilities retain flexibility to requiring the applicant to obtain another guidance was developed jointly by the Corps reduce sulfur dioxide emissions in the most State permit), but of law priority for Federal and EPA. cost effective manner, the Section 404 review enforcement, since the Federal Government 2. This guidance expires 31 December 1997 should not evaluate alternative methods of would not have required those conditions but unless sooner revised or rescinded. complying with the Clean Air Act standards for the State’s requirement. Furthermore, the For the Director of Civil Works: not selected by the applicant (e.g., in this Corps will generally not enforce such State- example use of low sulfur coal). John P. Elmore, P.E., imposed conditions except in very unusual 4. In evaluating the scope of practicable cases, due to our limited personnel and Chief, Operations, Construction and alternatives which satisfy the project purpose financial resources. Readiness Division, Directorate of Civil (e.g., constructing additional scrubber 5. NWP Verification and PDN Responses: Works. capacity), the alternatives analysis should not In response to NWP verification requests and Encl be influenced by the possibility that, based PDN’s, district engineers should utilize the on a conclusion that practicable upland EPA/Corps Joint Memorandum for the Field same paragraphs presented below. This alternatives are available to the applicant, the language should be used where conditional Subject: Alternatives Analysis under the project proponent may decide to pursue 401 certification or CZM concurrence has Section 404(b)(1) Guidelines for Projects other options for meeting Clean Air Act been issued. This specifically addresses Subject to Modification Under the Clean requirements. Continuing the above example, situations when the conditions included with Air Act. a Corps determination that practicable the certification or concurrence are such that 1. The 1990 Clean Air Act (CAA) upland alternatives are available for scrubber the district engineer determines they are amendments require most electric generating waste disposal should not be affected by the unenforceable or the district engineer cannot plants to reduce emissions of sulfur dioxide possibility that an applicant may clearly determine compliance with the 401/ in phases beginning in 1995 and requiring subsequently decide to select a different CZM conditions (see 4.a.). full compliance by 2010. The congressional method for meeting the Clean Air Act 13708 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices standards (e.g., use of low sulfur coal that (ii) the only action(s) preventing the issuance that the DE has determined that the permit reduces waste generated by scrubbers). of that permit is that the State has not issued will be issued if the State issues a Section 5. The Corps and EPA will also recognize a required Section 401 Water Quality 401 Water Quality Certification or waiver the tight time-frames under which the Certification (or waiver has not occurred) or and/or a CZM concurrence, or presumed industry must meet these new air quality the State has not concurred in the applicant’s concurrence. The standard permit will not standards. CZM consistency determination (or there is contain a condition that requires or provides Robert H. Wayland, not a presumed concurrence). In such cases, for the applicant to obtain a Section 401 Director, Office of Wetlands, Oceans and the DE may, using these optional procedures, Water Quality Certification and/or CZM send a provisional permit to the applicant. concurrence. Once the decision document is Watersheds. a. First, the DE will prepare and sign the signed, the applicant has the right to a DA John P. Elmore, provisional permit decision document. Then permit if the State issues a Section 401 Water Chief, Operations, Construction and the provisional permit will be sent to the Quality Certification or waiver and/or a CZM Readiness Division, Directorate of Civil applicant by transmittal letter. (The sample concurrence, or if concurrence is presumed. Works. transmittal letter at enclosure 1 contains the Once the decision document is signed, the minimum information that must be permittee’s right to proceed can only be Regulatory Guidance Letter (RGL 93–1) provided.) changed by using the modification, RGL 93–1 Issued: April 20, 1993, Expires: b. Next, the applicant would obtain the suspension and revocation procedures of 33 December 31, 1998 Section 401 Water Quality Certification (or CFR 325.7, unless the State denies the CECW–OR waiver) and/or CZM consistency concurrence Section 401 Water Quality Certification or Subject: Provisional Permits (or presumed concurrence). Then the nonconcurs with the applicant’s CZM 1. Purpose: The purpose of this guidance applicant would sign the provisional permit consistency determination. is to establish a process that clarifies for and return it to the DE along with the 6. Enforcement: In some cases, applicants applicants when the U.S. Army Corps of appropriate fee and the Section 401 Water might proceed with the project upon receipt Engineers has completed its evaluation and Quality Certification (or proof of waiver) and/ of the provisional permit. The provisional at what point the applicant should contact or the CZM consistency concurrence (or permit is not a valid permit. In such cases, the State concerning the status of the Section proof of presumed concurrence). the Corps has a discretionary enforcement 401 Water Quality Certification and/or c. Finally, the Corps would attach any action to consider and should proceed as the Coastal Zone Management (CZM) consistency Section 401 Water Quality Certification and/ DE determines to be appropriate. This occurs concurrence. This process also allows for or CZM consistency concurrence to the on occasion during the standard permit more accurate measurement of the total provisional permit, then sign the provisional transmittal process. Since the Corps is not length of time spent by the Corps in permit (which then becomes the issued final changing the normal process of sending evaluating permit applications (i.e., from permit), and forward the permit to the unsigned permits to the applicant for receipt of a complete application until the applicant. signature, there should not be an increase in Corps reaches a permit decision). For d. This is the same basic process as the the occurrence of such unauthorized verification of authorization of activities normal standard permit transmittal process activities. under regional general permits, the Corps except that the applicant is sent an unsigned 7. Modification: a. In most cases the will use the appropriate nationwide permit permit (i.e., a provisional permit) prior to Section 401 Water Quality Certification, procedures at 33 CFR 330.6. obtaining the Section 401 Water Quality including conditions, and/or CZM 2. Background: a. A Department of the Certification (or waiver) and/or CZM consistency concurrence, including Army permit involving a discharge of consistency concurrence (or presumed conditions, will be consistent with the dredged or fill material cannot be issued concurrence). (See enclosure 2.) A permit can provisional permit. In such cases, the DE will until a State Section 401 Water Quality not be issued (i.e., signed by the Corps) until simply sign the final permit and enclose the Certification has been issued or waived. Also, the Section 401 and CZM requirements are 401 water quality certification and/or CZM a Department of the Army permit cannot be satisfied. consistency concurrence with the final issued for an activity within a State with a 4. Provisional Permit: A provisional permit permit (i.e., the signed provisional permit). federally-approved Coastal Management is a standard permit document with a cover b. In a few cases such State approval may Program when that activity that would occur sheet. The cover sheet must clearly indicate necessitate modifications to the Corps within, or outside, a State’s coastal zone will the following: that a provisional permit is preliminary permit decision. Such affect land or water uses or natural resources enclosed, that the applicant must obtain the modifications will be processed in of the State’s coastal zone, until the State Section 401 Water Quality Certification or accordance with 33 CFR 325.7. concurs with the applicant’s consistency CZM concurrence from the State, that these (1) When the modifications are minor and determination, or concurrence is presumed. documents must be sent to the Corps along the DE agrees to such modifications, then a In many cases, the Corps completes its with the provisional permit signed by the supplement to the provisional decision review before the State Section 401 Water applicant, and that the Corps will issue the document may be prepared, as appropriate, Quality Certification or CZM concurrence permit upon receipt of these materials. The and the permit issued with such requirements have been satisfied. In such issued permit is the provisional permit modifications. (This should usually be done cases, applicants and the public are often signed by the applicant and the Corps. The by enclosing the State 401 Water Quality confused regarding who to deal with provisional permit must contain a statement Certification and/or CZM consistency regarding resolution of any State issues. indicating that the applicant is required to concurrence to the permit, but in a few cases b. The ‘‘provisional permit’’ procedures comply with the Section 401 Water Quality may require a revision to the permit described below will facilitate a formal Certification, including any conditions, and/ document itself.) communication between the Corps and the or the CZM consistency concurrence, (2) When the modification results in applicant to clearly indicate that the including any conditions. At enclosure 3 is substantial change or measurable increase in applicant should be in contact with the a sample cover sheet for the provisional adverse impacts or the Corps does not appropriate State agencies to satisfy the State permit. initially agree with the change, then the 401 Water Quality Certification or CZM 5. Provisional Permit Decision: The DE may modification will be processed and counted concurrence requirements. In addition, the reach a final decision that a permit should be as a separate permit action for reporting procedures will allow for a more accurate issued provided that the State issues a purposes. This may require a new public measurement of the Corps permit evaluation Section 401 Water Quality Certification and/ notice or additional coordination with time. or a CZM concurrence. In order to reach such appropriate Federal and/or state agencies. 3. Provisional Permit Procedures: The a decision the DE must complete the normal The provisional decision document will be provisional permit procedures are optional standard permit evaluation process, prepare supplemented or may be completely and may only be used in those cases where: and sign a decision document, and prepare rewritten, as necessary. (i) The District Engineer (DE) has made a a standard permit, including any conditions 8. Denial: If the State denies the Section provisional individual permit decision that or mitigation (i.e., a provisional permit). The 401 Water Quality Certification and/or the an individual permit should be issued, and, decision document must include a statement State nonconcurs with the applicant’s CZM Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13709 consistency determination, then the Corps Enclosure 1 Provisional Permit—Not Valid—Do Not permit is denied without prejudice. Begin Work Final Permit Actions 9. This guidance expires 31 December 1998 This PROVISIONAL PERMIT is NOT unless sooner revised or rescinded. Normal Permit Process VALID until: For the Director of Civil Works: 1. Corps completes permit decision, and state (1) You obtain: lll a Section 401 Water 401/CZM issued/waived Quality Certification from State Agency). John P. Elmore, P.E., 2. Corps sends unsigned permit to applicant lll a Coastal Zone Consistency Chief, Operations, Construction and 3. Applicant signs permit and returns with determination concurrence from (State Readiness Division, Directorate of Civil fee Agency). Works. 4. Corps signs permit (2) You sign and return the enclosed 3 Encls provisional permit with the State Section 401 Draft Permit Process Water Quality Certification and/or CZM Sample Provisional Permit Transmittal 1. Corps completes permit decision, but state concurrence and the appropriate permit fee Letter 401/CZM not complete as indicated below: Dear llllllllll: We have 2. Corps sends draft permit to applicant lll $10.00 lll $100.00 lll No completed our review of your permit 3. State 401/CZM issued waived fee required. application identified as [File No., appl. 4. Applicant signs permit and returns with (3) The Corps signs the permit and returns name, etc.] for the following proposed work: fee and 401/CZM action it to you. Your permit is denied without lllllllllllllllllllll 5. Corps reviews 401/CZM action and signs prejudice, if the State denies your Section permit 401 Water Quality Certification and/or lllllllllllllllllllll 1. The signed draft permit with the nonconcurs with your Coastal Zone lllllllllllllllllllll Management consistency determination. attached 401/CZM action is to be treated as near/in/at llllllllll . lllll the applicant’s request for a permit subject to Do Not Begin Work any 401/CZM certification/concurrence Enclosed is a ‘‘PROVISIONAL PERMIT.’’ Regulatory Guidance Letter, (RGL 93–2) including any conditions. The provisional permit is NOT VALID and 2. If the 401/CZM action results in a RGL 93–2 Date: 23 August 1993, Expires: 31 does not authorize you to do your work. The modification to the draft permit, then step 4. December 1998 provisional permit describes the work that Subject: Guidance on Flexibility of the would be treated as a request for such will be authorized, and the General and 404(b)(1) Guidelines and Mitigation modification and if we agree with the Special Conditions [if any] which will be Banking. modification, then the permit would be placed on your final Department of the Army issued with the modification and the 1. Enclosed are two guidance documents (DA) permit, if the State of decision document supplemented, as signed by the Office of the Assistant llllllllll Secretary of the Army (Civil Works) and the Water Quality appropriate. If the Corps does not initially Environmental Protection Agency. The first Certification and/or Coastal Zone agree with the modification, or it involves a Management (CZM) consistency document provides guidance on the substantial change or measurable increase in flexibility that the U.S. Army Corps of requirements are satisfied as described adverse impacts, then the modification below. No work is to be performed in the Engineers should be utilizing when making would be processed as a separate permit determinations of compliance with the waterway or adjacent wetlands until you action for reporting purposes. have received a validated copy of the DA Section 404(b)(1) Guidelines, particularly with regard to the alternatives analysis. The permit. Enclosure 2 second document provides guidance on the By Federal law no DA permit can be issued Once the State has issued the required use of mitigation banks as a means of until a State Section 401 Water Quality Section 401 Water Quality Certification and/ providing compensatory mitigation for Corps Certification has been issued or has been or concurred with your CZM consistency regulatory decisions. waived and/or the State has concurred with determination or the dates above have passed 2. Both enclosed guidance documents a permit applicant’s CZM consistency without the State acting, and you agree to the should be implemented immediately. These determination or concurrence has been terms and conditions of the provisional guidance documents constitute an important presumed. As of this date the [State 401 permit, you should sign and date both copies aspect of the President’s plan for protecting certification agency] has not issued a Section and return them to us [along with your the Nation’s wetlands, ‘‘Protecting America’s 401 Water Quality Certification for your $100.00/$10.00 permit fee]. Your DA permit Wetlands: A Fair, Flexible and Effective proposed work. If the [State 401 certification will not be valid until we have returned a Approach’’ (published on 24 August 1993). agency] fails or refuses to act by [date 401 copy to you bearing both your signature and 3. This guidance expires 31 December 1998 certification must be issued] the Section 401 the signature of the appropriate Corps unless sooner revised or rescinded. Water Quality Certification requirement will official. For the Director of Civil Works: If the State denies the required Section 401 be automatically waived. Also, as of this date John P. Elmore, P.E., the [State CZM agency] has not concurred Water Quality Certification and/or nonconcurs with your CZM consistency Chief, Operations, Construction and with your CZM consistency determination. If determination, then the DA permit is denied Readiness Division, Directorate of Civil the State does not act by [six months from without prejudice. If you should Works. receipt by the State of the applicant’s CZM subsequently obtain a Section 401 Water 2 Encls consistency determination] then concurrence Quality Certification and/or a CZM Memorandum to the Field with your CZM consistency determination consistency determination concurrence, you will automatically be presumed. should contact this office to determine how Subject: Appropriate Level of Analysis Conditions of the State Section 401 Water to proceed with your permit application. Required for Evaluating Compliance With Quality Certification and/or the State CZM If you have any questions concerning your the Section 404(b)(1) Guidelines Alternatives concurrence will become conditions to the State Section 401 Water Quality Certification, Requirements final DA permit. Should the State’s action on please contact (State 401 certification 1. Purpose: The purpose of this the required certification or concurrence contact) memorandum is to clarify the appropriate preclude validation of the provisional permit If you have any questions concerning the level of analysis required for evaluating in its current form, a modification to the CZM consistency determination, please compliance with the Clean Water Act Section provisional permit will be evaluated and you contact (State CZM contact) 404(b)(1) Guidelines’ (Guidelines) will be notified as appropriate. Substantial If you have any other questions concerning requirements for consideration of changes may require a new permit evaluation your application for a DA permit, please alternatives. 40 CFR 230.10(a). Specifically, process, including issuing a new public contact [Corps contact] at [Corps contact this memorandum describes the flexibility notice. telephone number]. afforded by the Guidelines to make 13710 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices regulatory decisions based on the relative correlation between the scope of the aquatic environment, Corps and EPA field severity of the environmental impact of evaluation and the potential extent of adverse offices are directed to consider, in proposed discharges of dredged or fill impacts on the aquatic environment. The coordination with state and Federal resource material into waters of the United States. introduction to Section 230.10(a) recognizes agencies, the following factors: 2. Background: The Guidelines are the that the level of analysis required may vary (i) Such projects by their nature should not substantive environmental standards by with the nature and complexity of each cause or contribute to significant degradation which all Section 404 permit applications are individual case: individually or cumulatively. Therefore, it evaluated. The Guidelines, which are binding Although all requirements in § 230.10 must generally should not be necessary to conduct regulations, were published by the be met, the compliance evaluation or require detailed analyses to determine Environmental Protection Agency at 40 CFR procedures will vary to reflect the compliance with Section 230.10(c). Part 230 on December 24, 1980. The seriousness of the potential for adverse (ii) Although sufficient information must fundamental precept of the Guidelines is that impacts on the aquatic ecosystems posed by be developed to determine whether the discharges of dredged or fill material into specific dredged or fill material discharge proposed activity is in fact the least waters of the United States, including activities. damaging practicable alternative, the wetlands, should not occur unless it can be 40 CFR 230.10 Guidelines do not require an elaborate search demonstrated that such discharges, either Similarly, Section 230.6 (‘‘Adaptability’’) for practicable alternatives if it is reasonably individually of cumulatively, will not result makes clear that the Guidelines: allow anticipated that there are only minor in unacceptable adverse effects on the evaluation and documentation for a variety of differences between the environmental aquatic ecosystem. The Guidelines activities, ranging from those with large, impacts of the proposed activity and specifically require that ‘‘no discharge of complex impacts on the aquatic environment potentially practicable alternatives. This dredged or fill material shall be permitted if to those for which the impact is likely to be decision will be made after consideration of there is a practicable alternative to the innocuous. It is unlikely that the Guidelines resource agency comments on the proposed proposed discharge which would have less will apply in their entirety to any one project. It often makes sense to examine first adverse impact on the aquatic ecosystem, so activity, no matter how complex. It is whether potential alternatives would result long as the alternative does not have other anticipated that substantial numbers of in no identifiable or discernible difference in significant adverse environmental permit applications will be for minor, routine impact on the aquatic ecosystem. Those consequences.’’ 40 CFR 230.10(a). Based on activities that have little, if any, potential for alternatives that do not may be eliminated this provision, the applicant is required in significant degradation of the aquatic from the analysis since Section 230.10(a) of every case (irrespective of whether the environment. It generally is not intended or the Guidelines only prohibits discharges discharge site is a special aquatic site or expected that extensive testing, evaluation or when a practicable alternative exists which whether the activity associated with the analysis will be needed to make findings of would have less adverse impact on the discharge is water dependent) to evaluate compliance in such routine cases. aquatic ecosystem. Because evaluating practicability is generally the more difficult opportunities for use of non-aquatic areas 40 CFR 230.6(9) (emphasis added) aspect of the alternatives analysis, this and other aquatic sites that would result in Section 230.6 also emphasizes that when approach should save time and effort for both less adverse impact on the aquatic ecosystem. making determinations of compliance with the applicant and the regulatory agencies.1 A permit cannot be issued, therefore, in the Guidelines, users: must recognize the By initially focusing the alternatives analysis circumstances where a less environmentally different levels of effort that should be on the question of impacts on the aquatic damaging practicable alternative for the associated with varying degrees of impact ecosystem, it may be possible to limit (or in proposed discharge exists (except as and require or prepare commensurate some instances eliminate altogether) the provided for under Section 404(b)(2)). documentation. The level of documentation number of alternatives that have to be 3. Discussion: The Guidelines are, as noted should reflect the significance and evaluated for practicability. above, binding regulations. It is important to complexity of the discharge activity. (iii) When it is determined that there is no recognize, however, that this regulatory 40 CFR 230.6(b) (emphasis added) status does not limit the inherent flexibility identifiable or discernible difference in Consequently, the Guidelines clearly afford adverse impact on the environment between provided in the Guidelines for implementing flexibility to adjust the stringency of the the applicant’s proposed alternative and all these provisions. The preamble to the alternatives review for projects that would other practicable alternatives, then the Guidelines is very clear in this regard: have only minor impacts. Minor impacts are applicant’s alternative is considered as Of course, as the regulation itself makes associated with activities that generally satisfying the requirements of clear, a certain amount of flexibility is still would have little potential to degrade the 40 CFR 230.(a). intended. For example, while the ultimate aquatic environment and include one, and (iv) Even where a practicable alternative conditions of compliance are ‘‘regulatory’’, frequently more, of the following exists that would have less adverse impact on the Guidelines allow some room for characteristics: Are located in aquatic the aquatic ecosystem, the Guidelines allow judgment in determining what must be done resources of limited natural function; are it to be rejected if it would have ‘‘other to arrive at a conclusion that those conditions small in size and cause little direct impact; significant adverse environmental have or have not been met. have little potential for secondary or consequences.’’ 40 CFR 230.10(a). As Guidelines Preamble, ‘‘Regulation versus cumulative impacts; or cause only temporary explained in the preamble, this allows for Guidelines’’, 45 Federal Register 85336 impacts. It is important to recognize, consideration of ‘‘evidence of damages to (December 24, 1980). however, that in some circumstances even other ecosystems in deciding whether there Notwithstanding this flexibility, the record small or temporary fills result in substantial is a ‘better’ alternative.’’ Hence, in applying must contain sufficient information to impacts, and that in such cases a more the alternatives analysis required by the demonstrate that the proposed discharge detailed evaluation is necessary. The Corps Guidelines, it is not appropriate to select an complies with the requirements of Section Districts and EPA Regions will, through the alternative where minor impacts on the 230.10(a) of the Guidelines. The amount of standard permit evaluation process, aquatic environment are avoided at the cost information needed to make such a coordinate with the U.S. Fish and Wildlife of substantial impacts to other natural determination and the level of scrutiny Service, National Marine Fisheries Service environmental values. required by the Guidelines is commensurate and other appropriate state and Federal (v) In cases of negligible or trivial impacts with the severity of the environmental agencies in evaluating the likelihood that (e.g., small discharges to construct individual impact (as determined by the functions of the adverse impacts would result from a driveways), it may be possible to conclude aquatic resource and the nature of the particular proposal. It is not appropriate to that no alternative location could result in proposed activity) and the scope/cost of the consider compensatory mitigation in project. determining whether a proposed discharge 1 In certain instances, however, it may be easier will cause only minor impacts for purposes a. Analysis Associated With Minor Impacts to examine practicability first. Some projects may of the alternatives analysis required by be so site-specific (e.g., erosion control, bridge The Guidelines do not contemplate that the Section 230.10(a). replacement) that no off site alternative could be same intensity of analysis will be required for In reviewing projects that have the practicable. In such cases the alternatives analysis all types of projects but instead envision a potential for only minor impacts on the may appropriately be limited to onsite options only. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13711 less adverse impact on the aquatic constitutes a practicable alternative. It is purpose of providing compensatory environment within the meaning of the important to emphasize, however, that it is mitigation in advance of discharges into Guidelines. In such cases, it may not be not a particular applicant’s financial standing wetlands permitted under the Section 404 necessary to conduct an offsite alternatives that is the primary consideration for regulatory program. Wetland mitigation analysis but instead require only any determining practicability, but rather banks can have several advantages over practicable onsite minimization. characteristics of the project and what individual mitigation projects, some of which This guidance concerns application of the constitutes a reasonable expense for these are listed below: Section 404(b)(1) Guidelines to projects with projects that are most relevant to (a) Compensatory mitigation can be minor impacts. Projects which may cause practicability determinations. implemented and functioning in advance of more than minor impacts on the aquatic 4. The burden of proof to demonstrate project impacts, thereby reducing temporal environment, either individually or compliance with the Guidelines rests with losses of wetland functions and uncertainty cumulatively, should be subjected to a the applicant; where insufficient information over whether the mitigation will be proportionately more detailed level of is provided to determine compliance, the successful in offsetting wetland losses. analysis to determine compliance or Guidelines require that no permit be issued. (b) It may be more ecologically noncompliance with the Guidelines. Projects 40 CFR 230.12(a)(3)(iv). advantageous for maintaining the integrity of which cause substantial impacts, in 5. A reasonable, common sense approach the aquatic ecosystem to consolidate particular, must be thoroughly evaluated in applying the requirements of the compensatory mitigation for impacts to many through the standard permit evaluation Guidelines’ alternatives analysis is fully smaller, isolated or fragmented habitats into process to determine compliance with all consistent with sound environmental a single large parcel or contiguous parcels. provisions of the Guidelines. protection. The Guidelines clearly (c) Development of a wetland mitigation contemplate that reasonable discretion bank can bring together financial resources b. Relationship Between the Scope of should be applied based on the nature of the and planning and scientific expertise not Analysis and the Scope/Cost of the Proposed aquatic resources and potential impacts of a practicable to many individual mitigation Project proposed activity in determining compliance proposals. This consolidation of resources The Guidelines provide the Corps and EPA with the alternatives test. Such an approach can increase the potential for the with discretion for determining the necessary encourages effective decisionmaking and establishment and long-term management of level of analysis to support a conclusion as fosters a better understanding and enhanced successful mitigation. to whether or not an alternative is confidence in the Section 404 program. (d) Wetland mitigation banking proposals practicable. Practicable alternatives are those 6. This guidance is consistent with the may reduce regulatory uncertainty and alternatives that are ‘‘available and capable of February 6, 1990 ‘‘Memorandum of provide more cost-effective compensatory being done after taking into consideration Agreement Between the Environmental mitigation opportunities. cost, existing technology, and logistics in Protection Agency and the Department of the 3. The Section 404(b)(1) Guidelines light of overall project purposes.’’ 40 CFR Army Concerning the Determination of (Guidelines), as clarified by the 230.10(a)(2). The preamble to the Guidelines Mitigation under the Clean Water Act Section ‘‘Memorandum of Agreement Concerning the provides clarification on how cost is to be 404(b)(1) Guidelines.’’ Determination of Mitigation under the considered in the determination of Signed 8–23–93 Section 404(b)(1) Guidelines’’ (Mitigation practicability: Robert H. Wayland, III, MOA) signed February 6, 1990, by the Our intent is to consider those alternatives Environmental Protection Agency and the Director, Office of Wetlands, Oceans, and which are reasonable in terms of the overall Department of the Army, establish a Watersheds, U.S. Environmental Protection scope/cost of the proposed project. The term mitigation sequence that is used in the Agency. economic [for which the term ‘‘cost’’ was evaluation of individual permit applications. substituted in the final rule] might be Signed 8–23–93 Under this sequence, all appropriate and construed to include consideration of the Michael L. Davis, practicable steps must be undertaken by the applicant’s financial standing, or investment, Office of the Assistant Secretary of the Army applicant to first avoid and then minimize or market share, a cumbersome inquiry (Civil Works), Department of the Army. adverse impacts to the aquatic ecosystem. which is not necessarily material to the Remaining unavoidable impacts must then be objectives of the Guidelines. Memorandum to the Field offset through compensatory mitigation to the Guidelines Preamble, ‘‘Alternatives’’, 45 Subject: Establishment and Use of Wetland extent appropriate and practicable. FR 85339 (December 24, 1980) (emphasis Mitigation Banks in the Clean Water Act Requirements for compensatory mitigation added). Section 404 Regulatory Program may be satisfied through the use of wetland Therefore, the level of analysis required for mitigation banks, so long as their use is determining which alternatives are 1. This memorandum provides general consistent with standard practices for practicable will vary depending on the type guidelines for the establishment and use of evaluating compensatory mitigation of project proposed. The determination of wetland mitigation banks in the Clean Water proposals outlined in the Mitigation MOA. It what constitutes an unreasonable expense Act Section 404 regulatory program. This is important to emphasize that, given the should generally consider whether the memorandum serves as interim guidance mitigation sequence requirements described project cost is substantially greater than the pending completion of Phase I by the Corps above, permit applicants should not costs normally associated with the particular of Engineers’ Institute for Water Resources anticipate that the establishment of, or type of project. Generally, as the scope/cost study on wetland mitigation banking,2 at participation in, a wetland mitigation bank of the project increases, the level of analysis which time this guidance will be reviewed will ultimately lead to a determination of should also increase. To the extent the Corps and any appropriate revisions will be compliance with the Section 404(b)(1) obtains information on the costs associated incorporated into final guidelines. Guidelines without adequate demonstration with the project, such information may be 2. For purposes of this guidance, wetland that impacts associated with the proposed considered when making a determination of mitigation banking refers to the restoration, discharge have been avoided and minimized what constitutes an unreasonable expense. creation, enhancement, and, in exceptional to the extent practicable. The preamble to the Guidelines also states circumstances, preservation of wetlands or 4. The agencies’ preference for on-site, in- that ‘‘[i]f an alleged alternative is other aquatic habitats expressly for the kind compensatory mitigation does not unreasonably expensive to the applicant, the preclude the use of wetland mitigation banks alternative is not ‘practicable.’ ’’ Guidelines 2 The Corps of Engineers Institute for Water where it has been determined by the Corps, Preamble, ‘‘Economic Factors’’, 45 FR 85343 Resources, under the authority of Section 307(d) of or other appropriate permitting agency, in (December 24, 1980). Therefore, to the extent the Water Resources Development Act of 1990, is coordination with the Federal resource that individual homeowners and small undertaking a comprehensive two-year review and agencies through the standard permit evaluation of wetland mitigation banking to assist businesses may typically be associated with in the development of a national policy on this evaluation process, that the use of a small projects with minor impacts, the nature issue. The interim summary report documenting the particular mitigation bank as compensation of the applicant may also be a relevant results of the first phase of the study is scheduled for proposed wetland impacts would be consideration in determining what for completion in the fall of 1993. appropriate for offsetting impacts to the 13712 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices aquatic ecosystem. In making such a 7. An appropriate methodology, acceptable hereby rescinded effective 24 September determination, careful consideration must be to all signatories, should be identified and 1993. Furthermore, although RGL 90–5, given to wetland functions, landscape used to evaluate the success of wetland Subject: ‘‘Landclearing Activities Subject to position, and affected species populations at restoration and creation efforts within the Section 404 Jurisdiction’’ expired on 31 both the impact and mitigation bank sites. In mitigation bank and to identify the December 1992 it should continue to be addition, compensation for wetland impacts appropriate stage of development for issuing applied until 24 September 1993. should occur, where appropriate and mitigation credits. A full range of wetland 3. In addition, RGL’s 90–5, 90–7, and 90– practicable, within the same watershed as the functions should be assessed. Functional 8 as of 24 September 1993 will no longer be impact site. Where a mitigation bank is being evaluations of the mitigation bank should used for guidance since the guidance developed in conjunction with a wetland generally be conducted by a multi- contained in those RGL’s has been resource planning initiative (e.g., Special disciplinary team representing involved superseded by the regulation. Area Management Plan, State Wetland resource and regulatory agencies and other For the Director of Civil Works: Conservation Plan) to satisfy particular appropriate parties. The same methodology John P. Elmore, P.E., wetland restoration objectives, the permitting should be used to determine the functions Chief, Operations, Construction and agency will determine, in coordination with and values of both credits and debits. As an Readiness Division, Directorate of Civil the Federal resource agencies, whether use of alternative, credits and debits can be based the bank should be considered an on acres of various types of wetlands (e.g., Works. appropriate form of compensatory mitigation National Wetland Inventory classes). Final Regulatory Guidance Letter, RGL 94–1 for impacts occurring within the same determinations regarding debits and credits watershed. Date: 23 May 1994, Expires: 31 December will be made by the Corps, or other 1999 5. Wetland mitigation banks should appropriate permitting agency, in generally be in place and functional before Subject: Expiration of Geographic consultation with Federal resource agencies. Jurisdictional Determinations. credits may be used to offset permitted 8. Permit applicants may draw upon the wetland losses. However, it may be available credits of a third party mitigation 1. Regulatory Guidance Letter (RGL) 90–6, appropriate to allow incremental distribution bank (i.e., a bank developed and operated by Subject: ‘‘Expiration Dates for Wetlands of credits corresponding to the appropriate an entity other than the permit applicant). Jurisdictional Delineations’’ is extended until stage of successful establishment of wetland The Section 404 permit, however, must state 31 December 1999, subject to the following functions. Moreover, variable mitigation explicitly that the permittee remains revisions. ratios (credit acreage to impacted wetland responsible for ensuring that the mitigation 2. This guidance should be applied to all acreage) may be used in such circumstances requirements are satisfied. jurisdictional determinations for all waters of to reflect the wetland functions attained at a 9. To ensure legal enforceability of the the United States made pursuant to Section bank site at a particular point in time. For mitigation conditions, use of mitigation 10 of the Rivers and Harbors Act of 1899, example, higher ratios would be required conditions, use of mitigation bank credits Section 404 of the Clean Water Act, and when a bank is not yet fully functional at the must be conditioned in the Section 404 Section 103 of the Marine Protection time credits are to be withdrawn. permit by referencing the banking agreement Research and Sanctuaries Act of 1972. 6. Establishment of each mitigation bank or Section 404 permit establishing the bank; 3. To be consistent with paragraph IV.A. of should be accompanied by the development however, such a provision should not limit the 6 January 1994, interagency of a formal written agreement (e.g., the responsibility of the Section 404 Memorandum of Agreement Concerning the memorandum of agreement) among the permittee for satisfying all legal requirements Delineation of Wetlands for Purposes of Corps, EPA, other relevant resource agencies, of the permit. Section 404 of the Clean Water Act and and those parties who will own, develop, Subtitle B of the Food Security Act, all U.S. operate or otherwise participate in the bank. signed 8–23–93 Army Corps of Engineers geographic The purpose of the agreement is to establish Robert H. Wayland, III, jurisdictional determinations shall be in clear guidelines for establishment and use of Director, Office of Wetlands, Oceans, and writing and normally remain valid for a the mitigation bank. A wetlands mitigation Watersheds, U.S. Environmental Protection period of five years. The Corps letter (see bank may also be established through Agency. paragraph 4.(d) of RGL 90–6) should include issuance of a Section 404 permit where signed 8–23–93 a statement that the jurisdictional establishing the proposed bank involves a determination is valid for a period of five Michael L. Davis, discharge of dredged or fill material into years from the date of the letter unless new waters of the United States. The banking Office of the Assistant Secretary of the Army information warrants revision of the agreement or, where applicable, special (Civil Works), Department of the Army. determination before the expiration date. conditions of the permit establishing the Regulatory Guidance Letter (RGL 93–3) 4. For wetland jurisdictional delineations bank should address the following the ‘‘effective date of this RGL’’ referred to in considerations, where appropriate: RGL 93–3 Issued: September 13, 1993 paragraphs 4 and 5 of RGL 90–6 was and (a) location of the mitigation bank; Expires: not applicable. remains 14 August 1990. For jurisdictional (b) goals and objectives for the mitigation Subject: Rescission of Regulatory Guidance determinations, other than wetlands bank project; Letters (RGL) 90–5, 90–7, and 90–8 jurisdictional delineations, the ‘‘effective (c) identification of bank sponsors and 1. On 25 August 1993 the final ‘‘Excavation date of this RGL’’ referred to in paragraphs participants; Rule’’ was published in the Federal Register 4 and 5 of RGL 90–6 will be the date of this (d) development and maintenance plan; (58 FR 45008) and becomes effective on 24 RGL. (e) evaluation methodology acceptable to September 1993. This regulation modifies the 5. Previous Corps written jurisdictional all signatories to establish bank credits and definition of ‘‘Discharge of Dredged Material’’ determinations, including wetland assess bank success in meeting the project to address landclearing activities (see 33 CFR jurisdictional delineations, with a validity goals and objectives; 232.2(d)); modifies the definitions of ‘‘Fill period of three years remain valid for the (f) specific accounting procedures for Material’’ and ‘‘Discharge of Fill Material’’ to stated period of three years. The district tracking crediting and debiting; address the placement of pilings (see 33 CFR engineer is not required to issue new letters (g) geographic area of applicability; 323.2 (e) and (f) and 323.3(c)); and modifies to extend such period from three years to a (h) monitoring requirements and the definition of ‘‘waters of the United total of five years. However, if requested to responsibilities; States’’ to address prior converted cropland do so, the district engineer will normally (i) remedial action responsibilities (see 33 CFR 328.(a)(8)). extend the three year period to a total of five including funding; and 2. Therefore, RGL 90–5, Subject: years unless new information warrants a new (j) provisions for protecting the mitigation ‘‘Landclearing Activities Subject to Section jurisdictional determination. bank in perpetuity. 404 Jurisdiction’’; RGL 90–7, Subject: 6. Districts are not required to issue a Agency participation in a wetlands ‘‘Clarification of the Phrase ‘Normal public notice on this guidance but may do so mitigation banking agreement may not, in Circumstances’ as it pertains to Cropped at their discretion. any way, restrict or limit the authorities and Wetlands’’; and RGL 90–8, Subject: 7. This guidance expires on 31 December responsibilities of the agencies. ‘‘Applicability of Section 404 to Pilings’’; are 1999 unless sooner revised or rescinded. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13713 For the Director of Civil Works: a group from his staff to work with the EPA being addressed by the national summit John P. Elmore, P.E. staff to develop a framework for integrating or any other area of concern related to the Corps Sections 10, Section 404 and, if Chief, Operations, Construction and Indian education. The five key issues appropriate, Section 103 concerns into the Readiness Division, Directorate of Civil EPA’s substantive Superfund reviews. areas to be addressed during the summit Works. 6. Until specific guidance is provided from include: Tribal Sovereignty/Trust Regulatory Guidance Letter, RGL 94–2 OCE, FOAs should provide technical support Responsibility; Education Policy Development; the Impact of Goals 2000, Date: 17 August 1994, Expires: 31 Dec 1999 to the EPA regions and/or the states on CECW–OR matters within their field of expertise. A Tribal Perspective; Native Language Subject: Superfund Projects For the Chief of Engineers: and Culture; and the Federal Budget. 1. Regulatory Guidance Letter (RGL) 85–07, C.E. Edgar III Any submitted testimony and address one of the previously mentioned topic subject: ‘‘Superfund Projects’’ is hereby [FR Doc. 95–6253 Filed 3–13–95; 8:45 am] reissued (copy enclosed). areas and follow this format: Statement 2. This RGL was previously extended by BILLING CODE 3710±92±M of the problem; statement of desired RGL 89–2. Although the extension expired, remedy or solution; argument on behalf RGL 85–07 has continued to be U.S. Army of desired remedy; and identification of Corps of Engineers policy. DEPARTMENT OF EDUCATION who needs to do what and who oversees 3. This guidance expires 31 December 1999 its follow through. Other testimony from unless sooner revised or rescinded. Indian Education National Advisory topic areas not specifically addressed by Council; Meeting For the Director of Civil Works: the summit are also welcome. Findings John P. Elmore, P.E., AGENCY: National Advisory Council on from the hearing will be incorporated Chief, Operations, Construction and Indian Education, Education. into the overall summit agenda. Readiness Division, Directorate of Civil Participants wishing to present written Works. ACTION: Notice of hearing. and/or oral testimony are requested to Encl SUMMARY: The National Advisory submit any documentation to the staff of RGL 85–7, Dated 5 July 1985, Expires 31 Dec Council on Indian Education invites the the National Advisory Council on 1987 public to attend a one-day hearing Indian Education prior to the hearing if Subject: Superfund Projects conducted by the Council. This notice possible and no later than 5:00 p.m. on 1. Recently, the Chief Counsel, Mr. Lester also describes the functions of the the day of the hearing. Testimony may Edelman, responded to a letter from Mr. Council. Notice of this meeting is also be faxed to the NACIE office at William N. Hedeman, Jr., Director, Office of required under section 10(a)(2) of the (202) 205–9446 any time prior to the Emergency and Remedial Response, Federal Advisory Committee Act. Environmental Protection Agency (EPA) hearing date. Oral testimony will be which dealt with the need for Department of DATES AND TIMES: Sunday, March 19, scheduled according to topic areas and Army authorizations for the Comprehensive 1995 from 9:00 p.m. to 3:00 p.m. announced the morning of the hearing Environmental Response, Compensation and ADDRESSES: The hearing will be held at or from the NACIE office the week prior Liability Act (CERCLA) actions. This letter the Quality Hotel Capitol Hill in the Sky to the summit. summarizes Mr. Edelman’s opinion and Suite, 415 New Jersey Avenue N.W., Records are kept of all Council provides operating guidance for field Washington, DC 20001, (202) 638–1616, proceedings, and are available for public interaction with the EPA. Fax (202) 638–0707. inspection at the office of the National 2. EPA’s basic position is that Congress did not intend for CERCLA response actions to be FOR FURTHER INFORMATION CONTACT: John Advisory Council on Indian Education subject to other environmental laws. Rather, W. Cheek, Acting Director, National located at 330 C Street S.W., Room as a matter of sound practice, CERCLA Advisory Council on Indian Education, 4072, Washington, DC 20202–7556 from response actions generally should meet the 330 C Street, S.W., Room 4072, Switzer the hours of 9:00 a.m. to 4:30 p.m. standards established by those laws. Building, Washington, DC 20202–7556. Monday through Friday. Consequently, it is the EPA’s position that Telephone: 202/205–8353. Dated: March 8, 1995. neither it nor the states, in pursuing response SUPPLEMENTARY INFORMATION: actions at the location of the release or The John W. Cheek, threatened release under the authority of National Advisory Council on Indian Acting Director, National Advisory Council CERCLA, are required to obtain permits Education is established under section on Indian Education. under Section 404 of the Clean Water Act or 5342 of the Indian Education Act of [FR Doc. 95–6278 Filed 3–13–95; 8:45 am] Section 10 of the Rivers and Harbors Act for 1988 (25 U.S.C. 2642). The Council is BILLING CODE 4000±01±M those actions. established to, among other things, 3. Mr. Edelman stated in part that he has assist the Secretary of Education in some reservations about the position that the carrying out responsibilities under the National Educational Research Policy EPA has taken. Nevertheless, he recognizes Indian Education Act of 1988 (Part C, that the EPA has the primary authority for and Priorities Board; Meeting the interpretation and application of Title V, Pub. L. 100–297) and to advise AGENCY: National Educational Research CERCLA, and therefore would defer to the Congress and the Secretary of Education EPA’s reading of its own statutory with regard to federal education Policy and Priorities Board, Education. authorities, at least for the time being. programs in which Indian children or ACTION: Notice of meeting. 4. In light of this legal opinion, FOAs adults participate or from which they should not require applications for the EPA can benefit. SUMMARY: This notice sets forth the or state response actions at the location of the The National Advisory Council on schedule and proposed agenda of the release or threatened release pursued under Indian Education is scheduling a one- inaugural meeting of the National the authority of CERCLA. Any permit day hearing on Sunday, March 19, 1995, Educational Research Policy and applications in process should be terminated. prior to the National American Indian Priorities Board. This notice also 5. Both the EPA and OCE believe that the FOAs’ expertise in assessing the public and Alaska Native Education Summit describes the functions of the Board. interest factors for dredging and filling being planned for March 20–22, 1995. Notice of this meeting is required under operations can contribute to the overall The hearing will allow participants the Section 10(a)(2) of the Federal Advisory quality of the CEROLA response action. The opportunity to present written and/or Committee Act and is intended to notify Director of Civil Works will be establishing oral testimony on any of the topic areas the public of their opportunity to attend. 13714 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices DATES AND TIMES: March 30, 1995, 10:15 SUMMARY: Pursuant to the provisions of Issued at Washington, DC on March 8, a.m. to 4:30 p.m.; March 31, 1995, 9 a.m. the Federal Advisory Committee Act 1995. to 1 p.m. (Public Law 92–463, 86 Stat. 770) notice Gail Cephas, ADDRESSES: The Montpelier Room of the is hereby given of the following Acting Deputy Advisory Committee Washington Court Hotel, 525 New Advisory Board Committee Meeting: Management Officer. Jersey Ave., Washington, D.C. 20001. Environmental Management Site- [FR Doc. 95–6244 Filed 3–13–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: John Specific Advisory Board, Monticello BILLING CODE 6450±01±P Christensen, Designated Federal Site. Official, National Educational Research DATE AND TIME: Tuesday, March 21, Environmental Management Site Policy and Priorities Board, 555 New 1995, 6:30 p.m. - 8:00 p.m. Jersey Ave., N.W., Washington, D.C. Specific Advisory Board, Pantex Plant 20208–7564. Telephone: (202) 219– ADDRESS: Monticello High School, 164 AGENCY: Department of Energy. 2065; FAX: (202) 219–1466. South 2nd West, Monticello, Utah ACTION: Notice of open meeting. SUPPLEMENTARY INFORMATION: The 84535. National Educational Research Policy FOR FURTHER INFORMATION CONTACT: SUMMARY: Pursuant to the provisions of and Priorities Board is authorized by Audrey Berry, Public Affairs Specialist, the Federal Advisory Committee Act Section 921 of the Educational Department of Energy Grand Junction (Pub. L. 92–63, 86 Stat. 770) notice is Research, Development, Dissemination, Projects Office, P.O. Box 2567, Grand hereby given of the following Advisory and Improvement Act of 1994. The Junction, CO, 81502 (303) 248–7727. Committee meeting: Environmental Board works collaboratively with the Management Site Specific Advisory Assistant Secretary for the Office of SUPPLEMENTARY INFORMATION: Purpose of Board (EM SSAB), Pantex Plant. Educational Research and Improvement the Board: The purpose of the Board is DATES AND TIMES: Tuesday, March 28, to forge a national consensus with to advise DOE and its regulators in the 1995: 1:30 pm - 5:30 pm. respect to a long-term agenda for areas of environmental restoration, ADDRESSES: Amarillo Association of educational research, development, and waste management, and related Realtors, 5601 Enterprise Circle, dissemination, and to provide advice activities. Amarillo, TX. and assistance to the Assistant Secretary Tentative Agenda: The Environmental FOR FURTHER INFORMATION CONTACT: Tom in administering the duties of the Office. Management Site-Specific Advisory The meeting of the Board is open to Williams, Program Manager, Board, Monticello Site, will be the public. The agenda for March 30 Department of Energy, Amarillo Area discussing issues related to the disposal includes a discussion of the Office, P.O. Box 30030, Amarillo, TX of uranium mill tailings. restructuring of the Office of 79120 (806)477–121. Educational Research and Improvement Public Participation: The meeting is SUPPLEMENTARY INFORMATION: and an overview of agency activities open to the public. Written statements Purpose of the Committee: The Pantex pertaining to its Research Priorities Plan may be filed with the Committee either Plant Citizens’ Advisory Board provides and advance preparations for before or after the meeting. Individuals input to the Department of Energy on competitions for regional educational who wish to make oral statements Environmental Management strategic laboratories and research and pertaining to agenda items should decisions that impact future use, risk development centers. On March 31 contact Audrey Berry’s office at the management, economic development, members will have briefings on the address or telephone number listed and budget prioritization activities. above. Requests must be received 5 days Federal Advisory Committee Act; Tentative Agenda standards of ethical conduct; and the prior to the meeting and reasonable background of the Board’s authorizing provision will be made to include the 1:30 pm Welcome—Agenda Review— legislation. presentation in the agenda. The Introductions Nominations and A final agenda will be available from Designated Federal Official is Membership Working Group the Board’s office on March 23, 1995. empowered to conduct the meeting in a 1:35 pm Agreement in Principle Records are kept of all Board fashion that will facilitate the orderly 2:30 pm DOE Budget proceedings, and are available for public conduct of business. Each individual 3:15 pm Break inspection at the office of the National wishing to make public comment will 3:30 pm Working Group Reports Educational Research Policy and be provided a maximum of 5 minutes to Policy and Personnel: status of Priorities Board, 555 New Jersey Ave., present their comments. This notice is hiring SSAB evaluation goals and N.W., Washington, D.C. 20208–7564. being published less than 15 days before criteria 3:50 pm Nominations and Dated: March 8, 1995. the date of the meeting, due to programmatic issues that had to be Membership Sharon P. Robinson, 4:00 pm Training and Program resolved prior to publication. Assistant Secretary, Office of Educational Working Group—plans for next Research and Improvement. Minutes: The minutes of this meeting meetings [FR Doc. 95–6273 Filed 3–13–95; 8:45 am] will be available for public review and 4:10 pm Budget and Finance Working BILLING CODE 4000±01±M copying at the Freedom of Information Group—selection of chair, budget Public Reading Room, 1E–190, Forrestal report Building, 1000 Independence Avenue, 4:20 pm Community Outreach DEPARTMENT OF ENERGY SW, Washington, DC 20585 between Subcommittee—status of work 9:00 a.m. and 4 p.m., Monday-Friday, 4:30 pm Updates: Occurrence Report Environmental Management Site- except Federal holidays. Minutes will from DOE etc. Specific Advisory Board, Monticello also be available by writing to Audrey 5:00 pm Co-Chairs’ Reports Site Berry, Department of Energy Grand 5:20 pm Next Meetings: Tuesday, AGENCY: Department of Energy. Junction Projects Office, P.O. Box 2567, April 25, 1:30—5:30; Tuesday, May Grand Junction, CO 81502, or by calling 23, 1:30—5:30; Tuesday, June 27, ACTION: Notice of open meeting. her at (303)-248–7727. 1:30—5:30 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13715 5:30 pm Adjourn Office of Civilian Radioactive Waste 1000 Independence Avenue, SW., Management Washington, D.C. 20585, Telephone: Public comment will be taken (202) 586–2280. For general information periodically throughout the meeting. Safe Transportation and Emergency on this Notice, please contact: Ms. Ellen Response Training; Technical Ott, Office of General Counsel, (GC–52), Public Participation: The meeting is Assistance and Funding U.S. Department of Energy, 1000 open to the public. Written statements AGENCY: Office of Civilian Radioactive Independence Avenue, SW., may be filed with the Committee either Waste Management, Department of Washington, D.C. 20585, Telephone: before or after the meeting. Written Energy. (202) 586–6975. Information packets are available for comments will be accepted at the ACTION: Notice extending comment interested persons who want address above for 15 days after the date period. of the meeting. Individuals who wish to background information about Office of make oral statements pertaining to SUMMARY: On Tuesday, January 3, 1995, Civilian Radioactive Waste Management (OCRWM) transportation prior to agenda items should contact Tom the Department of Energy published a providing comments. To receive an Williams’ office at the address or Notice of Inquiry (60 FR 99) that information packet, please call: 1–800– telephone number listed above. described implementation options and invited comment for a program of 225–NWPA (or call 488–5513 in Requests must be received 5 days prior technical assistance and funding to Washington, D.C.) or write to the to the meeting and reasonable provision States and Tribes for public safety OCRWM Information Center, Post Office will be made to include the presentation officials of appropriate local Box 44375, Washington, D.C. 20026. in the agenda. The Designated Federal jurisdictions with regard to the transport Copies of comments received will be Official is empowered to conduct the of spent nuclear fuel or high-level available for examination and may be meeting in a fashion that will facilitate radioactive waste. The program would photocopied at the Department’s public the orderly conduct of business. Each cover safe, routine transport procedures reading room at 1000 Independence individual wishing to make public and emergency response capabilities as Avenue SW, room 1E–190, Washington, comment will be provided a maximum directed in the Nuclear Waste Policy D.C. of 5 minutes to present their comments. Act of 1982, as amended, (42 U.S.C. Daniel A. Dreyfus, This Notice is being published less than 10101 et seq.). The comment period for Director, Office of Civilian Radioactive Waste fifteen days before the date of the this Notice of Inquiry was scheduled to Management. meeting due to programmatic issues that close on April 3, 1995. [FR Doc. 95–6249 Filed 3–13–95; 8:45 am] had to be resolved before publication. Today’s notice announces a 45-day BILLING CODE 6450±01±P extension of the comment period on Minutes: The minutes of this meeting implementation options addressed in will be available for public review and the Notice of Inquiry. The Department is Energy Information Administration copying at the Pantex Public Reading taking this action in response to Rooms located at the Amarillo College requests for an extension of the Forms CE±63A/B, ``Annual Solar Lynn Library and Learning Center, 2201 comment period received from the Thermal Collector Manufacturers South Washington, Amarillo, TX phone Council of State Governments— Survey'' and ``Annual Photovoltaic (806)371–400. Hours of operation are Midwestern Office, Council of State Module/Cell Manufacturers Survey'' Governments—Eastern Regional from 7:45 am to 10:00 pm, Monday AGENCY: Energy Information Conference, Southern States Energy through Thursday; 7:45 am to 5:00 pm Administration, Department of Energy. Board, and the Western Interstate on Friday; 8:30 am to 12:00 noon on Energy Board. ACTION: Notice of the proposed Saturday; and 2:00 pm to 6:00 pm on extension of the Forms CE–63A/B, DATES: Sunday, except for Federal holidays. Written comments should be mailed to the Department and must be ‘‘Annual Solar Thermal Collector Additionally, there is a Public Reading received on or before May 18, 1995. Manufacturers Survey’’ and ‘‘Annual Room located at the Carson County Photovoltaic Module/Cell ADDRESSES: Public Library, 401 Main Street, Written comments (3 Manufacturers Survey,’’ and solicitation copies) should be directed to: U.S. Panhandle, TX phone (806)537–3742. of comments. Department of Energy, c/o Lois Smith, Hours of operation are from 9:00 am to TRW Environmental Safety Systems, SUMMARY: 7:00 pm on Monday; 9:00 am to 5:00 The Energy Information 2650 Park Tower Drive, Suite 800, Administration (EIA), as part of its pm, Tuesday through Friday; and closed Vienna, Virginia 22180, ATTN: Section continuing effort to reduce paperwork Saturday and Sunday as well as Federal 180(c) Comments. Persons submitting and respondent burden (required by the Holidays. Minutes will also be available comments should include their names Paperwork Reduction Act of 1980), by writing or calling Tom Williams at and addresses. Receipt of comments in conducts a presurvey consultation the address or telephone number listed response to this Notice will be program to provide the general public above. acknowledged if a stamped, self- and other Federal agencies the addressed postal card or envelope is opportunity to comment on continuing Issued at Washington, DC on March 8, enclosed. or proposed new data collection forms. 1995. FOR FURTHER INFORMATION CONTACT: For This program helps to ensure that Gail Cephas, further information on the requested data can be provided in the transportation of spent fuel and high- desired format, reporting burden is Acting Deputy Advisory Committee level radioactive waste under the minimized, data collection forms are Management Officer. Nuclear Waste Policy Act, please clearly understood, and that the impact contact: Mr. Allen Benson, Operational of collection requirements on [FR Doc. 95–6245 Filed 3–13–95; 8:45 am] Activities Team Leader, Office of respondents can be properly assessed. Civilian Radioactive Waste Management Currently, EIA is soliciting comments BILLING CODE 6450±1±P (RW–45), U.S. Department of Energy, concerning the proposed extension of 13716 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices the Forms CE–63A/B, ‘‘Annual Solar II. Current Actions views on the need for the information Thermal Collector Manufacturers At this time, the EIA is proposing a contained in the ‘‘Annual Solar Thermal Survey’’ and ‘‘Annual Photovoltaic three-year extension of Forms CE– Collector Manufacturers Survey’’ and Module/Cell Manufacturers Survey.’’ 63A/B. The EIA is planning to meet ‘‘Annual Photovoltaic Module/Cell Manufacturers Survey.’’ DATES: with solar industry companies and Written comments must be Comments submitted in response to submitted by April 13, 1995. If you associations, DOE personnel, and other interested parties to discuss Forms CE– this notice will be summarized and/or anticipate that you will be submitting included in the request for OMB comments, but find it difficult to do so 63A/B. If changes are made to Forms CE–63A and/or CE–63B as a result of approval of the forms; they also will within the period of time allowed by become a matter of public record. this notice, you should advise the this notice, the meeting, or other contact person listed below of your activities, the changes will be Statutory Authority: Section 2(a) of the intention to do so as soon as possible. highlighted in the Federal Register Paperwork Reduction Act of 1980, (Pub. L. notice announcing the submission of the 96–511), which amended Chapter 35 of Title ADDRESSES: Send comments to Peter 44 United States Code (See 44 U.S.C. forms to the Office of Management and § 3506(a) and (c)(1)). Holihan, EI–522, Energy Information Budget later this year. Administration, U.S. Department of Issued in Washington, DC, March 7, 1995. Energy, Washington, D.C. 20585. Phone: III. Request for Comments Yvonne M. Bishop, (202) 254–5432. Prospective respondents and other Director, Statistical Standards, Energy Information Administration. FOR FURTHER INFORMATION CONTACT: interested parties should comment on [FR Doc. 95–6246 Filed 3–13–95; 8:45 am] Requests for additional information or the proposed extension of the Forms copies of the form and instructions CE–63A/B. The following general BILLING CODE 6450±01±P should be directed to Peter Holihan at guidelines are provided to assist in the the address listed above. preparation of responses. When commenting, please indicate to which Federal Energy Regulatory SUPPLEMENTARY INFORMATION: form your comments apply. Commission I. Background As a potential respondent: [Docket No. ER95±529±000 et al.] II. Current Actions A. Are the instructions and III. Request for Comments definitions clear and sufficient? If not, Kentucky Utilities Company et al.; I. Background which instructions require clarification? Electric Rate and Corporate Regulation B. Can the data be submitted using the Filings In order to fulfill its responsibilities definitions included in the instructions? under the Federal Energy C. Can data be submitted in March 7, 1995. Administration Act of 1974 (Pub. L. 93– accordance with the response time Take notice that the following filings 275) and the Department of Energy specified in the instructions? have been made with the Commission: Organization Act (Pub. L. 95–91), the D. Public reporting burden for this 1. Kentucky Utilities Co. Energy Information Administration is collection is estimated to average 3 obliged to carry out a comprehensive, hours per response. How much time, [Docket No. ER95–529–000] and integrated energy data and including time for reviewing Take notice that on February 21, 1995, information program for the collection, instructions, searching existing data Kentucky Utilities Company tendered evaluation, assembly, analysis, and sources, gathering and maintaining the for filing an amendment to its February dissemination of data and information data needed, and completing and 1, 1995 filing in the above-referenced relating to energy resource reserves, reviewing the collection of information, docket. production, demand, technology and do you estimate it will require you to Comment date: March 21, 1995, in relevant economic and statistical complete and submit the required form? accordance with Standard Paragraph E information relating to the adequacy of E. What is the estimated cost of at the end of this notice. energy resources to meet demands in completing this form, including the 2. Ohio Edison Co. the near and longer term future for the direct and indirect costs associated with Nation’s economic and social needs. the data collection? Direct costs should [Docket No. ER95–550–000] include all costs, such as administrative Take notice that on February 17, 1995, Form CE–63A collects data on solar Ohio Edison Company tendered for thermal collector shipments, solar costs, directly attributable to providing this information. filing an amendment to its February 3, thermal systems, and solar-related 1995 filing in the above-referenced manufacturing, marketing, and F. How can the form be improved? G. Do you know of any other Federal, docket. geographic information from companies Comment date: March 21, 1995, in in the United States that are engaged in State, or local agency that collects similar data? If you do, specify the accordance with Standard Paragraph E manufacturing or importing solar at the end of this notice. thermal collectors. Solar thermal agency, the data element(s), and the shipments are in terms of square feet. means of collection. 3. Wisconsin Power and Light Co. As a potential user: Form CE–63B collects data on A. Can you use data at the levels of [Docket No. ER95–649–000] photovoltaic cell and module detail indicated on the form? Take notice that on February 27, 1995, shipments, photovoltaic systems, and B. For what purpose would you use Wisconsin Power and Light Company photovoltaic-related manufacturing and the data? Be specific. (WP&L), tendered for filing a signed marketing information from companies C. How could the form be improved Service Agreement under WP&L’s Bulk in the United States that are engaged in to better meet your specific needs? Power Sales Tariff between itself and manufacturing or importing D. Are there alternate sources of data InterCoast Power Marketing Company. photovoltaic cells and modules. and do you use them? What are their WP&L respectfully requests a waiver of Photovoltaic cell and module shipments deficiencies and/or strengths? the Commission’s notice requirements, are in terms of electrical capacity EIA is also interested in receiving and an effective date of February 1, expressed in peak kilowatts. comments from persons regarding their 1995. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13717 Comment date: March 21, 1995, in demand values or monthly capacity and GPU has served copies of the filing on accordance with Standard Paragraph E energy values. regulatory agencies in New Jersey and at the end of this notice. IPC has requested waiver of the notice Pennsylvania. 4. Wisconsin Public Service Corp. provisions of § 35.3 of the Commission’s Comment date: March 21, 1995, in regulations in order to permit the accordance with Standard Paragraph E [Docket No. ER95–650–000] revisions to become effective as of at the end of this notice. Take notice that on February 27, 1995, January 1, 1995. 10. Sierra Pacific Power Co. Wisconsin Public Service Corporation Comment date: March 21, 1995, in (WPSC), tendered for filing an executed accordance with Standard Paragraph E [Docket No. ER95–657–000] Supplement No. 2 to Transmission at the end of this notice. Take notice that on February 28, 1995, Service Agreement No. 2 between WPSC 8. Niagara Mohawk Power Corp. Sierra Pacific Power Company (Sierra) and Manitowoc Public Utilities. The tendered for filing pursuant to Part 35 Agreement provides for transmission [Docket No. ER95–655–000] et seq. of the Commission’s regulations, service under the T–1 Transmission Take notice that on February 27, 1995, the Electric Service Agreement dated Tariff, FERC Original Volume No. 4. February 27, 1995 (the Agreement) WPSC asks that the agreement become Niagara Mohawk Power Corporation between Sierra and Truckee Donner effective June 1, 1995. (Niagara Mohawk), tendered for filing Comment date: March 21, 1995, in an agreement between Niagara Mohawk Public Utility District (the District). accordance with Standard Paragraph E and CNG Power Services Corporation Sierra states that the Agreement at the end of this notice. (CNG) dated February 22, 1995 provides for a continuation of the providing for certain transmission existing firm electric service by Sierra to 5. The United Illuminating Co. services to CNG. the District, but at rates that reflect a [Docket No. ER95–651–000] Copies of this filing were served upon revenue reduction for such service. The Take notice that on February 27, 1995, CNG and the New York State Public Agreement provides for commencement The United Illuminating Company (UI), Service Commission. of service thereunder as of March 1, 157 Church Street, New Haven, Comment date: March 21, 1995, in 1995 or such later date as the Connecticut, submitted for filing a rate accordance with Standard Paragraph E Commission permits the filing to be schedule confirming daily sales of at the end of this notice. effective. Sierra requests waiver of the 60-day notice requirement of section system power by UI to Fitchburg Gas 9. Jersey Central Power & Light Co., and Electric Company between 205 of the Federal Power Act to provide Metropolitan Edison Co., Pennsylvania for a March 1, 1995 effective date. While November 16, 1991 and February 13, Electric Co. 1994. UI has sought waiver of the sixty- Sierra states its belief that no other day notice requirement under 18 CFR [Docket No. ER95–656–000] waivers of the Act or the Commission’s rules or regulations are necessary to 35.3 to permit an effective date of Take notice that on February 28, 1995, make effective the Agreement pursuant November 16, 1991. UI also requests GPU Service Corporation (GPU), on to its terms, Sierra requests any such that the rate schedule terminate on behalf of Jersey Central Power & Light waiver necessary or desirable for that February 17, 1994. Company, Metropolitan Edison purpose. Comment date: March 21, 1995, in Company and Pennsylvania Electric accordance with Standard Paragraph E Company (jointly referred to as the GPU Sierra asserts that the filing has been at the end of this notice. Operating Companies), filed an served on the District and on the regulatory commissions of Nevada and 6. Arizona Public Service Co. executed Service Agreement between GPU and Catex Vitol Electric Inc. (Catex California. [Docket No. ER95–653–000] Vitol), dated February 15, 1995. This Comment date: March 21, 1995, in Take notice that on February 27, 1995, Service Agreement specifies that Catex accordance with Standard Paragraph E Arizona Public Service Company (APS), Vitol has agreed to the rates, terms and at the end of this notice. tendered for filing a Service Agreement conditions of the GPU Operating 11. Montaup Electric Co. under APS-FERC Electric Tariff Original Companies’ Operating Capacity and/or Volume No. 1 (APS Tariff) with the Energy Sales Tariff (Sales Tariff) [Docket No. ER95–658–000] following entity: designated as FERC Electric Tariff, Take notice that on February 28, 1995, LG&E Power Marketing, Inc. Original Volume No. 1. The Sales Tariff Montaup Electric Company tendered for A copy of this filing has been served was accepted by the Commission by filing an annual report titled on the above listed entity and the letter order issued on February 10, 1995 Conservation and Load Management Arizona Corporation Commission. in Jersey Central Power & Light Co., Informational Report Proposed Comment date: March 21, 1995, in Metropolitan Edison Co. and Surcharge—February 28, 1995— accordance with Standard Paragraph E Pennsylvania Electric Co., Docket No. supporting surcharges for the period at the end of this notice. ER95–276–000 and allows GPU and March 1, 1995 through February 28, Catex Vitol to enter into separately 1996. This annual report filing is 7. Idaho Power Co. scheduled transactions under which the required under a conservation and load [Docket No. ER95–654–000] GPU Operating Companies will make management (C&LM) clause applied to Take notice that on February 27, 1995, available for sale, surplus operating service to Montaup’s affiliated M-rate Idaho Power Company (IPC), tendered capacity and/or energy at negotiated customers as amended by Montaup in a for filing wholesale or transmission rates that are no higher than the GPU filing approved by the Commission on agreements between Idaho Power Operating Companies’ cost of service. May 4, 1993 in Docket No. ER93–79– Company and Bonneville Power GPU requests a waiver of the 000. The informational report shows the Administration, Sierra Pacific Power Commission’s notice requirements for surcharges that will be required to true Company, Utah Associated Municipal good cause shown and an effective date up collections for the twelve months Power Systems and Washington City, of February 15, 1995 for the Service ended December 31, 1994 with actual Utah regarding monthly contract Agreement. C&LM costs during that period. 13718 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Comment date: March 21, 1995, in [Docket Nos. CP94±682±000 and CP94±682± Room 3104, Washington, D.C. 20426, accordance with Standard Paragraph E 001] (202) 208–1371. at the end of this notice. Copies of this EA have been mailed to Southern Natural Gas Company; Federal, state and local agencies, public 12. Tucson Electric Power Co. Availability of the Environmental interest groups, interested individuals, [Docket No. ER95–659–000] Assessment for the Proposed newspapers, and parties to this Cleveland Branch Line Project Take notice that on February 28, 1995, proceeding. Tucson Electric Power Company March 8, 1995. A limited number of copies of the EA are available from: Ms. Alisa Lykens, (Tucson), tendered for filing (i) Service The staff of the Federal Energy Environmental Project Manager, Schedule D, Power Exchange Regulatory Commission (FERC or Environmental Review and Compliance Agreement, between Tucson and M–S– Commission) has prepared this Branch I, Office of Pipeline Regulation, R Public Power Agency (MSR) and (ii) environmental assessment (EA) on the Service Schedule E, Reserve Sharing, Room 7312, 825 North Capitol Street natural gas pipeline facilities proposed NE., Washington, D.C. 20426, (202) 208– between Tucson and MSR. Service by Southern Natural Gas Company Schedule D and Service Schedule E 0766. (Southern) in the above dockets. Any person wishing to comment on were entered into pursuant to an The EA was prepared to satisfy the Interconnection Agreement, dated as of the EA may do so. Written comments requirements of the Natural must reference Docket Nos. CP94–682– September 20, 1982, Docket No. ER82– Environmental Policy Act. The staff 828–000. Service Schedule D provides 000 and CP94–682–001. Comments concludes that approval of the proposed should be addressed to: Office of the for an exchange of capacity and energy project, with appropriate mitigating Secretary, Federal Energy Regulatory between Tucson and MSR in which measures, would not constitute a major Commission, 825 North Capitol Street, MSR will deliver its capacity and energy Federal action significantly affecting the NE., Washington, D.C. 20426. entitlement in San Juan Unit 4 to TEP quality of the human environment. Comments should be filed as soon as at San Juan in exchange for a like The EA assesses the potential possible, but must be received no later amount of capacity and energy environmental effects of the than April 10, 1995, to ensure deliverable by Tucson at certain construction and operation of consideration prior to a Commission delivery points on Tucson’s system. Southern’s proposed Cleveland Branch decision on this proposal. A copy of any Service Schedule E provides for a Line Project, which includes the comments should be sent to Ms. Alisa reserve sharing arrangement involving following facilities: Lykens, Environmental Project Manager, MSR’s San Juan capacity rights and • About 20.2 miles of 12-inch- at the above address. Tucson’s San Juan capacity rights which diameter pipeline in Catoosa and Comments will be considered by the will enable the parties to reduce their Whitfield Counties, Georgia, and Commission but will not serve to make respective reserve requirements. Tucson Hamilton and Bradley Counties, the commentor a party to the requests an effective date of May 1, Tennessee. This pipeline, referred to as proceeding. Any person seeking to 1995. the ‘‘Cleveland Branch Line’’, would become a party to the proceeding must Copies of this filing have been served extend from milepost 101.44 on file a motion to intervene pursuant to upon all parties affected by this Southern’s existing 12-inch Chattanooga Rule 214 of the Commission’s Rules of proceeding. Branch Line in Catoosa County, Georgia, Practice and Procedure (18 CFR Comment date: March 21, 1995, in to a proposed interconnection owned by 385.214). accordance with Standard Paragraph E East Tennessee Natural Gas Company in The date for filing timely motions to at the end of this notice. Bradley County, Tennessee; intervene in this proceeding has passed. Standard Paragraphs • One new meter station in Bradley Therefore, parties now seeking to file County. The meter station would consist late interventions must show good E. Any person desiring to be heard or of two 6-inch meter runs, pressure cause, as required by § 385.214(b)(3), to protest said filing should file a regulators, flow control values, about why this time limitation should be motion to intervene or protest with the 125 feet of miscellaneous buried piping, waived. Environmental issues have been Federal Energy Regulatory Commission, and an 8-foot by 10-foot instrumentation reviewed as good cause for late 825 North Capitol Street NE., building; and intervention. You do not need Washington, DC 20426, in accordance • One 1,452-horsepower turbine intervener status to have your comments with Rules 211 and 214 of the compressor unit and other facilities at considered. Commission’s Rules of Practice and Southern’s existing McConnells Additional information about this Procedure (18 CFR 385.211 and 18 CFR Compressor Station in Tuscaloosa project is available from Ms. Alisa 385.214). All such motions or protests County, Alabama. Lykens, Environmental Review and should be filed on or before the Southern indicates that proposed Compliance Branch I, Office of Pipeline comment date. Protests will be facilities would deliver a total firm and Regulation, at (202) 208–0766. considered by the Commission in interruptible transportation service to Lois D. Cashell, determining the appropriate action to be nine municipal gas districts and two Secretary. taken, but will not serve to make distribution companies in eastern [FR Doc. 95–6179 Filed 3–13–95; 8:45 am] protestants parties to the proceeding. Tennessee. These customers would BILLING CODE 6717±01±M Any person wishing to become a party receive about 11,350 thousand cubic must file a motion to intervene. Copies feet per day of firm transportation from of this filing are on file with the Southern. [Docket No. CP89±661±030] Commission and are available for public The EA has been placed in the public inspection. Algonquin Gas Transmission Co., files of the FERC and is available for Notice of Changes in FERC Gas Tariff Lois D. Cashell, public inspection at: Federal Energy Secretary. Regulatory Commission, Public March 8, 1995. [FR Doc. 95–6178 Filed 3–13–95; 8:45 am] Reference and Files Maintenance Take notice that on March 3, 1995, BILLING CODE 6717±01±P Branch, 941 North Capitol Street, N.E., Algonquin Gas Transmission Company Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13719 (Algonquin) submitted for filing as part [Docket No. RP95±200±000] North Capitol Street, NE., Washington, of its FERC Gas Tariff, effective January DC 20426, in accordance with Rules 211 23, 1995, the following revised tariff ANR Pipeline Co.; Notice of Request and 214 of the Commission’s Rules of sheets: for Limited Waiver of FERC Gas Tariff Practice and Procedure (18 CFR 385.211 Fourth Revised Volume No. 1 March 8, 1995 and 18 CFR 385.214). All such motions Sub Ninth Revised Sheet No. 21 Take notice that on March 3, 1995, or protests should be filed on or before Sub Ninth Revised Sheet No. 22 ANR Pipeline Company (ANR) filed, March 17, 1995. Protests will be Sub Sixth Revised Sheet No. 33 pursuant to Rule 207 of the Rules of considered by the Commission in Original Volume No. 2 Practice and Procedure of the Federal determining the appropriate action to be Sub Third Revised Sheet No. 401 Energy Regulatory Commission, 18 CFR taken, but will not serve to make the 385.207, a request for limited waiver, to protestants parties to the proceeding. Algonquin states that the purpose of the extent necessary, of its tariff Any person wishing to become a party this filing is to replace tariff sheets that provisions regarding the time for the must file a motion to intervene. Copies were accepted by the Commission filing of restatements of its Gas Supply of this filing are on file with the effective January 1, 1995, with tariff Realignment (GSR) and Pricing Commission and are available for public sheets that have an effective date of Differential (PD) Reservation inspection. January 23, 1995. Surcharges. ANR explains that its tariff Lois D. Cashell, On December 1, 1994, Algonquin filed requires it to update its Eligible MDQ as Secretary. of April 1, 1995. the above-referenced tariff sheets to [FR Doc. 95–6171 Filed 3–13–95; 8:45 am] implement revised firm transportation In order to avoid using estimated BILLING CODE 6717±01±M rates under Rate Schedules AFT–2 and Eligible MDQs or different Eligible X–38. In that filing Algonquin requested MDQs for different transition cost that the Commission accept the tariff surcharges, however, ANR is requesting that it be permitted to restate its GSR K N Interstate Gas Transmission Co.; sheets effective January 1, 1995, to Notice of Filing coincide with the commencement of and PD Reservation Surcharges effective service on the upstream facilities of June 1, 1995, the same date that its next March 8, 1995. Columbia Gas Transmission quarterly Above-Market Dakota Costs On March 1, 1995, K N Interstate Gas Corporation. In a February 3, 1995 letter Reservation Surcharge will become Transmission Co. (KN), filed pursuant to order, the Commission accepted the effective. Section 4 of the Natural Gas Act, 15 tariff sheets with a January 1, 1995 Any person desiring to be heard or to U.S.C. § 717c, Section 154.63, of the effective date, as requested by protest said filing should file a motion Federal Energy Regulatory Algonquin. Due to a delay in to intervene or protest with the construction, however, service by Commission, 825 North Capitol Street Commission’s (Commission) Columbia did not commence until NE., Washington, DC 20426 in Regulations, 18 CFR 154.63, and the January 23, 1995. Accordingly, accordance with Rules 211 and 214 of Commission’s order issued December Algonquin is providing to the the Commission’s Rules of Practice and 22, 1994, in Docket Nos. CP94–397–000 Commission substitute tariff sheets that Procedure (18 CFR 385.211, 385.214). and CP94–430–000, for authorization to reflect the January 23, 1995 effective All such motions or protests should be terminate its non-jurisdictional date. Except for the change in effective filed on or before March 15, 1995. gathering and processing services in the date, the substitute tariff sheets are Protests will be considered by the Bowdoin gathering system to K N Gas identical to the sheets accepted by the Commission in determining the Gathering, Inc. KN requests approval as Commission on February 3, 1995. appropriate action to be taken, but will of April 1, 1995. not serve to make protestants parties to Algonquin states that copies of its Any person desiring to be heard or the proceeding. Any person wishing to filing were mailed to all affected objecting to the granting of qualifying become a party must file a motion to customers and interested State status should file a motion to intervene intervene. Copies of this application are Commissions. or protest with the Federal Energy on file with the Commission and are Any person desiring to protest said Regulatory Commission, 825 North available for public inspection. Capitol Street NE., Washington, D.C. filing should file a protest with the Lois D. Cashell, Federal Energy Regulatory Commission, 20426, in accordance with rules 211 and Secretary. 825 North Capitol Street, N.E., 214 of the Commission’s Rules of Washington, DC 20426, in accordance [FR Doc. 95–6169 Filed 3–13–95; 8:45 am] Practice and Procedure. All such with Section 385.211 of the BILLING CODE 6717±01±M motions or protests must be filed by Commission’s Rules of Practice and March 17, 1995 and must be served on Procedures. All such protests should be [Docket No. ER93±568±000] the applicant. Protests will be filed on or before March 15, 1995. considered by the Commission in Protests will be considered by the Consolidated Edison Company of New determining the appropriate action to be Commission in determining the York, Inc.; Notice of Filing taken but will not serve to make appropriate action to be taken, but will protestants parties to the proceeding. March 8, 1995. not serve to make protestants parties to Any person wishing to become a party Take notice that on February 27, 1995, the proceeding. Copies of this filing are must file a petition to intervene. Copies Consolidated Edison Company of New on file with the Commission and are of this filing are on file with the York, Inc. tendered for filing an available for public inspection in the Commission and are available for public amendment in the above-referenced Public Reference Room. inspection. docket. Lois D. Cashell, Any person desiring to be heard or to Lois D. Cashell, Secretary. protest said filing should file a motion Secretary. [FR Doc. 95–6170 Filed 3–13–95; 8:45 am] to intervene or protest with the Federal [FR Doc. 95–6172 Filed 3–13–95; 8:45 am] BILLING CODE 6717±01±M Energy Regulatory Commission, 825 BILLING CODE 6717±01±M 13720 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices [Docket No. RP95±137±002] 497 et seq.1 and Order Nos. 566 et seq.2 [Docket No. MG88±15±005] South Georgia states that it is revising Northern Natural Gas Co.; Notice of its standards to incorporate the changes Southern Natural Gas Co.; Notice of Proposed Changes in FERC Gas Tariff required by the Commission’s February Filing 3 March 8, 1995. 1, 1995 Order on Standards of Conduct. March 8, 1995. Take notice that on March 6, 1995, South Georgia states that copies of Take notice that on March 3, 1995, Northern Natural Gas Company this filing have been mailed to all Southern Natural Gas Company (Northern), tendered for filing changes parties on the official service list (Southern) submitted revised standards in its FERC Gas Tariff, Fifth Revised compiled by the Secretary in this of conduct under Order Nos. 497 et Volume No. 1. proceeding. seq.1 and Order Nos. 566 et seq.2 Northern states that the filing is being Any person desiring to be heard or to Southern states that it is revising its made in compliance with the February protest said filing should file a motion standards to incorporate the changes 23, 1995, Commission Order in the to intervene or protest with the Federal required by the Commission’s February 3 captioned Docket. That Order directed Energy Regulatory Commission, 825 1, 1995 Order on Standards of Conduct. Northern; (1) to re-establish the direct North Capitol Street NE., Washington, Southern states that copies of this bill amounts by shipper resulting from D.C., 20426, in accordance with Rules filing have been mailed to all parties on the buyout of the Pan Alberta Gas (U.S.) 211 or 214 of the Commission’s Rules of the official service list compiled by the Exchange Agreement by removing the Practice and Procedure (18 CFR 385.211 Secretary in this proceeding. costs of the January 1996 payment or 385.214). All such motions to Any person desiring to be heard or to which is yet to be made, and (2) to intervene or protest should be filed on protest said filing should file a motion provide specific additional supporting or before March 22, 1995. Protests will to intervene or protest with the Federal information. Therefore Northern has be considered by the Commission in Energy Regulatory Commission, 825 filed the additional supporting determining the appropriate action to be North Capitol Street, N.E., Washington, information and a Second Substitute taken but will not serve to make D.C., 20426, in accordance with Rules Third Revised Sheet No. 68 and will protestants parties to the proceeding. 211 or 214 of the Commission’s Rules of commence billing effective March 1, Any person wishing to become a party Practice and Procedure (18 CFR 385.211 1995. must file a motion to intervene. Copies or 385.214). All such motions to of this filing are on file with the Northern states that copies of this intervene or protest should be filed on Commission and are available for public filing were served upon the company’s or before March 22, 1995. Protests will inspection. customers and interested State be considered by the Commission in Commissions. Lois D. Cashell, determining the appropriate action to be Secretary. taken but will not serve to make Any person desiring to protest said [FR Doc. 95–6174 Filed 3–13–95; 8:45 am] protestants parties to the proceeding. filing should file a protest with the Any person wishing to become a party BILLING CODE 6717±01±M Federal Energy Regulatory Commission, must file a motion to intervene. Copies 825 North Capitol Street, NE., of this filing are on file with the Washington, DC 20426, in accordance 1 Order No. 497, 53 FR 22139 (June 14, 1988), III FERC Stats. & Regs. ¶ 30,820 (1988); Order No. 497– with Section 385.211 of the 1 A, order on rehearing, 54 FR 52781 (December 22, Order No. 497, 53 FR 22139 (June 14, 1988), III Commission’s Rules and Regulations. 1989), III FERC Stats. & Regs. 30,868 (1989); Order FERC Stats. & Regs. ¶ 30,820 (1988); Order No. 497– All such protests should be filed on or No. 497–B Order extending sunset date, 55 FR A, order on rehearing, 54 FR 52781 (December 22, 53291 (December 28, 1990), III FERC Stats. & Regs. 1989), III FERC Stats. & Regs. 30,868 (1989); Order before March 15, 1995. All protests will No. 497–B, order extending sunset date, 55 FR ¶ 30,908 (1990); Order No. 497–C order extending be considered by the Commission in 53291 (December 28, 1990), III FERC Stats. & Regs. sunset date, 57 FR 9 (January 2, 1992), III FERC ¶ 30,908 (1990); Order No. 497–C, order extending determining the appropriate proceeding, Stats. & Regs. ¶ 30,934 (1991), rehearing denied, 57 but will not serve to make protestant a sunset date, 57 FR 9 (January 2, 1992), III FERC FR 5815 (February 18, 1992), 58 FERC ¶ 61,139 Stats. & Regs. ¶ 30,934 (1991), rehearing denied, 57 party to the proceedings. Copies of this (1992); Tenneco Gas v. FERC (affirmed in part and FR 5815 (February 18, 1992), 58 FERC ¶ 61,139 filing are on file with the Commission remanded in part), 969 F. 2d 1187 (D.C. Cir. 1992); (1992); Tenneco Gas v. FERC (affirmed in part and and are available for inspection. Order No. 497–D, order on remand and extending remanded in part), 969 F. 2d 1187 (D.C. Cir. 1992); sunset date, III FERC Stats. & Regs. ¶ 30,958 Order No. 497–D, order on remand and extending Lois D. Cashell, (December 4, 1992), 57 FR 58978 (December 14, sunset date, III FERC Stats. & Regs. ¶ 30,958 Secretary. 1992); Order No. 497–E, order on rehearing and (December 4, 1992), 57 FR 58978 (December 14, 1992); Order No. 497–E, order on rehearing and [FR Doc. 95–6173 Filed 3–13–95; 8:45 am] extending sunset date, 59 FR 243 (January 4, 1994), 65 FERC ¶ 61,381 (December 23, 1993); Order No. extending sunset date, 59 FR 243 (January 4, 1994), BILLING CODE 6717±01±M 497–F, order denying rehearing and granting 65 FERC ¶ 61,381 (December 23, 1993); Order No. clarification, 59 FR 15336 (April 1, 1994), 66 FERC 497–F, order denying rehearing and granting ¶ 61,347 (March 24, 1994); and Order No. 497–G, clarification, 59 FR 15336 (April 1, 1994), 66 FERC ¶ 61,347 (March 24, 1994); and Order No. 497–G, South Georgia Natural Gas Co.; Notice order extending sunset date, 59 FR 32884 (June 27, 1994), III FERC Stats. & Regs. ¶ 30,996 (June 17, order extending sunset date, 59 FR 32884 (June 27, of Filing 1994). 1994), III FERC Stats. & Regs. ¶ 30,996 (June 17, 1994). 2 Standards of Conduct and Reporting 2 Standards of Conduct and Reporting Requirements for Transportation and Affiliate [Docket No. MG88±16±004] Requirements for Transportation and Affiliate Transactions, Order No. 566, 59 FR 32885 (June 27, March 8, 1995. Transactions, Order No. 566, 59 FR 32885 (June 27, 1994), III FERC Stats. & Regs. ¶ 30,997 (June 17, 1994), III FERC Stats. & Regs. ¶ 30,997 (June 17, 1994); Order No. 566–A, order on rehearing, 59 FR Take notice that on March 3, 1995, 1994); Order No. 566–A, order on rehearing, 59 FR 52896 (October 20, 1994), 69 FERC ¶ 61,044 52896 (October 20, 1994), 69 FERC ¶ 61,044 South Georgia Natural Gas Company (October 14, 1994); Order No. 566–B, order on (October 14, 1994); Order No. 566–B, order on (South Georgia) submitted revised rehearing, 59 FR 65707 (December 21, 1994); 69 rehearing, 59 FR 65707 (December 21, 1994); 69 standards of conduct under Order Nos. FERC ¶ 61,334 (December 14, 1994); appeal FERC ¶ 61,334 (December 14, 1994); appeal docketed sub nom. Conoco, Inc. v. FERC, D.C. Cir. docketed sub nom. Conoco, Inc. v. FERC, D.C. Cir. No. 94–1745 (December 14, 1994). No. 94–1745 (December 14, 1994). 3 70 FERC ¶ 61,129 (1995). 3 70 FERC ¶ 61,129 (1995). Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13721 Commission and are available for public All interested persons and Staff are Forrestal Building, 1000 Independence inspection. permitted to attend. Avenue, SW., Washington, DC 20585, Lois D. Cashell, Lois D. Cashell, (202) 586–9478. The docket room is Secretary. Secretary. open between the hours of 8:00 a.m. and [FR Doc. 95–6175 Filed 3–13–95; 8:45 am] [FR Doc. 95–6177 Filed 3–13–95; 8:45 am] 4:30 p.m., Monday through Friday, BILLING CODE 6717±01±M BILLING CODE 6717±01±M except Federal holidays. Issued in Washington, DC, March 1, 1995. Clifford P. Tomaszewski, Tennessee Gas Pipeline Co.; Notice of Office of Fossil Energy Director, Office of Natural Gas, Office of Fuels Filing [FE Docket No. 94±81±LNG] Programs, Office of Fossil Energy. [Docket No. RP95±112±003] [FR Doc. 95–6248 Filed 3–13–95; 8:45 am] Phillips Alaska Natural Gas March 8, 1995. BILLING CODE 6450±01±P Corporation and Marathon Oil Take notice that on March 3, 1995, Company; Order Amending Tennessee Gas Pipeline Company Authorization to Export Liquefied (Tennessee) tendered for filing to Natural Gas ENVIRONMENTAL PROTECTION become part of its FERC Gas Tariff, AGENCY Original Volume No. 2, the following AGENCY: Office of Fossil Energy, DOE. tariff sheets to be effective February 1, ACTION: Notice of order. [HERL±RTP; FRL±5±5172±1] 1995: First Revised Sub 30th Revised Sheet No. 5 SUMMARY: The Office of Fossil Energy of Workshop on Endocrine Disruptors the Department of Energy gives notice AGENCY: Tennessee states that the purpose of that it has issued an order amending the Environmental Protection this filing is to comply with the long-standing authorization granted to Agency. Commission’s February 23, 1995 Order Phillips Alaska Natural Gas Corporation ACTION: Notice of public meeting. in Docket No. RP95–112 requiring (PANGC) and Marathon Oil Company SUMMARY: The U.S. Environmental Tennessee to make the Rate Schedule (Marathon) to export liquefied natural Protection Agency (EPA) is sponsoring a T–180 rate effective February 1, 1995. gas (LNG) to Japan. Specifically, the Tennessee states that copies of the workshop to develop research needs to order approves a modified LNG pricing filing have been mailed to all affected address the hypothesis that chemicals formula, in accordance with an parties. present in the environment may have amendment to PANGC’s and Marathon’s Any persons desiring to protest said adverse hormonally-mediated effects on June 17, 1988, LNG purchase agreement. filing should file a protest with the humans and wildlife. The goals of this This order is available for inspection Federal Energy Regulatory Commission, workshop are twofold: (1) to provide a and copying in the Office of Fuels 825 North Capitol Street NE., forum for communication of Programs Docket Room, 3F–056, Washington, D.C. 20426, in accordance information on endocrine disruptors Forrestal Building, 1000 Independence with Rule 211 of the Commission’s among a diverse assembly of Avenue, SW., Washington, DC 20585, Rules of Practice and Procedure (18 CFR organizations and scientific specialities; (202) 586–9478. The docket room is 385.211). All such protests should be and (2) to develop a national strategy open between the hours of 8:00 a.m. and filed before March 15, 1995. Protests that delineates short term and long term 4:30 p.m., Monday through Friday, will be considered by the Commission projects necessary for understanding the except Federal holidays. in determining the appropriate action to magnitude and nature of the issues be taken, but will not serve to make Issued in Washington, DC, March 2, 1995. related to endocrine disruptors. Specific protestants parties to the proceeding. Clifford P. Tomaszewski, activities will be focused on research Copies of this filing are on file with the Director, Office of Natural Gas, Office of Fuels needs related to potential effects on Commission and are available for public Programs, Office of Fossil Energy. reproductive, immunologic, and inspection. [FR Doc. 95–6247 Filed 3–13–95; 8:45 am] neurologic function as well as on Lois D. Cashell, BILLING CODE 6450±01±P carcinogenic effects. How such research Secretary. will be of use in the risk assessment process will be an important [FR Doc. 95–6176 Filed 3–13–95; 8:45 am] [FE Docket No 95±12±NG] BILLING CODE 6717±01±M consideration in the deliberations. Petro-Canada Hydrocarbons Inc.; DATES: The workshop will be held April Order Granting Blanket Authorization 10–13, 1995, at the Radisson Plaza Williston Basin Interstate Pipeline Co.; To Import Natural Gas From Canada Hotel, Raleigh, North Carolina. The Notice of Technical Conference workshop is open to the public, AGENCY: Office of Fossil Energy, DOE. [Docket Nos. RP90±137±015, RP90±137± although seating will be limited and 018, and RP90±137±019] ACTION: Notice of order. advanced registration is required. Interested parties should contact Ms. March 8, 1995. SUMMARY: The Office of Fossil Energy of Theresa Harris, U.S. Environmental Pursuant to the Commission’s letter the Department of Energy gives notice Protection Agency, HERL, MD–70, order, issued on February 15, 1995, a that it has issued an order granting Research Triangle Park, NC 27711; technical conference will be held to Petro-Canada Hydrocarbons Inc. telephone 919–541–1133. resolve the issues raised in the above- authorization to import up to 150 Bcf of captioned proceeding. The conference natural gas from Canada over a two-year Dated: March 7, 1995. will be held on Tuesday, March 21, term beginning on the date of the first Henry L. Longest II, 1995 at 10 a.m. in a room to be delivery after March 3, 1995. Acting Assistant Administrator for Research designated at the offices of the Federal This order is available for inspection and Development. Energy Regulatory Commission, 810 and copying in the Office of Fuels [FR Doc. 95–6268 Filed 3–13–95; 8:45 am] First Street NE., Washington, DC 20426. Programs Docket Room, 3F–056, BILLING CODE 6560±50±M 13722 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices [FRL±5171±7] 5:00 p.m. The Ecosystems Sustainable on final promulgation of the STIR. Prior Economies Committee, the Ecosystems to promulgation of the STIR, adequacy National Advisory Council for Information and Assessments determinations will be made based on Environmental Policy and Technology; Committee, and the Ecosystems the statutory authorities and Public Meetings Implementation Tools Committee will requirements. In addition, States/Tribes AGENCY: Environmental Protection meet concurrently from 1:00 p.m. to may use the draft STIR as an aid in Agency (EPA). 5:00 p.m. on Wednesday, April 12, and interpreting these requirements. The again from 8:30 a.m. to 3:00 p.m. on Agency believes that early approvals ACTION: Notice of public meetings. Thursday, April 13. On both days, the have an important benefit. Approved SUMMARY: Under the Federal Advisory meetings will be held at the Dupont State/Tribal permit programs provide Committee Act, Public Law 92–463, Plaza Hotel; 1500 New Hampshire interaction between the State/Tribe and EPA gives notice of a two-day series of Avenue, N.W., Washington, D.C. the owner/operator regarding site- meetings involving four of the Standing ADDRESSES: Written comments should specific permit conditions. Only those Committees of the National Advisory be sent to: Abby J. Pirnie, Director, owners/operators located in State/Tribes Council for Environmental Policy and Office of Cooperative Environmental with approved permit programs can use Technology (NACEPT). NACEPT Management, U.S. EPA (1601), 401 M. the site-specific flexibility provided by provides advice and recommendations Street S.W., Washington, D.C. 20460. Part 258 to the extent the State/Tribal to the Administrator of EPA on a broad FOR FURTHER INFORMATION CONTACT: permit program allows such flexibility. range of environmental policy issues. Abby J. Pirnie, Designated Federal EPA notes that regardless of the These meetings are being held to Official, Direct line (202) 260–8079, approval status of a State/Tribe and the continue discussions of Secretary’s line (202) 260–7567. permit status of any facility, the Federal recommendations from these NACEPT Dated: March 8, 1995. landfill criteria will apply to all permitted and unpermitted MSWLF Committees on actions EPA can take to Abby J. Pirnie, implement Community-Based facilities. Designated Federal Official. The State of New York applied for a Environmental Protection. [FR Doc. 95–6271 Filed 3–13–95; 8:45 am] The four NACEPT Committees that determination of adequacy under will be meeting are: BILLING CODE 6560±50±M section 4005 of RCRA. The components • The Ecosystems Sustainable of authority and capability were Economies Committee—which is [FRL±5171±9] contained in New York State’s examining issues associated with application and its revisions. EPA harmonizing economic activity and State of New York: Final Determination reviewed New York State’s application, ecosystem management, and is focusing of Adequacy of State/Tribal Municipal and certain revisions thereto, and on on the economic, social, and political Solid Waste Permit Program July 28, 1994, proposed a determination factors needed to achieve sustainable that New York State’s MSWLF permit AGENCY: Environmental Protection program is adequate to ensure economies. Agency. • The Ecosystems Information and compliance with the revised MSWLF ACTION: Notice of final determination of Assessments Committee—which is Criteria. After consideration of all adequacy to fully approve the New York examining the role and use of data and comments received regarding the State Municipal Solid Waste Permit information in ecosystem management tentative determination of adequacy, Program. strategies, including data needs, data EPA is today issuing a final determination that New York State’s accessibility, and opportunities for SUMMARY: Section 4005(c)(1)(B) of the partnerships and data sharing with Resource Conservation and Recovery program is adequate. public and private organizations. Act (RCRA), as amended by the EFFECTIVE DATE: The determination of • The Ecosystems Implementation Hazardous and Solid Waste adequacy for the New York State shall Tools Committee—which is evaluating Amendments (HSWA) of 1984, requires be effective on March 14, 1995. the opportunities to re-orient existing States to develop and implement permit FOR FURTHER INFORMATION CONTACT: statutory and regulatory authorities to programs to ensure that municipal solid David Savetsky, U.S. EPA Region II, integrate place-driven environmental waste landfills (MSWLFs) which may Mail Stop 2AWM, Room 1006, 26 management into the Agency’s decision- receive hazardous household waste or Federal Plaza, New York, New York, making processes. small quantity generator waste will 10278, telephone (212) 637–4098. • The NACEPT Executive comply with the revised Federal SUPPLEMENTARY INFORMATION: Committee—which serves as a steering MSWLF Criteria (40 CFR Part 258). Committee for all NACEPT activities RCRA Section 4005(c)(1)(C) requires the A. Background and is coordinating the efforts of the Environmental Protection Agency (EPA) On October 9, 1991, EPA promulgated three NACEPT Ecosystems Committees. to determine whether States have revised Criteria for MSWLFs (40 CFR Scheduling constraints preclude oral adequate ‘‘permit’’ programs for Part 258). Subtitle D of RCRA, as comments from the public during the MSWLFs, but does not mandate amended by the Hazardous and Solid meeting. Written comments can be issuance of a rule for such Waste Amendments of 1984 (HSWA), submitted by mail and will be determinations. EPA has drafted and is requires States to develop permitting transmitted to Committee members for in the process of proposing a State/ programs to ensure that facilities consideration Tribal Implementation Rule (STIR) that comply with the Federal Criteria under DATES: The public meetings will be held will provide procedures by which EPA Part 258. Subtitle D also requires in on Wednesday, April 12, and Thursday, will approve, or partially approve, Section 4005 that EPA determine the April 13, 1995. The NACEPT Executive State/Tribal landfill permit programs. adequacy of State municipal solid waste Committee will meet in plenary session The Agency intends to approve landfill permit programs to ensure that from 8:30 a.m. to 12:00 p.m. on adequate State/Tribal MSWLF permit facilities comply with the revised Wednesday, April 12, and again on programs as applications are submitted. Federal Criteria. To fulfill this Thursday, April 13 from 3:00 p.m. to Thus, these approvals are not dependent requirement, the Agency has drafted Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13723 and is in the process of proposing a comment period commenced on July 28, monitoring. In fact, we see no loss of State/Tribal Implementation Rule 1994 and ended on September 13, 1994. enforcement authority by approving the (STIR). The rule will specify the Although RCRA does not require EPA State program. The State regulatory requirements which State/Tribal to hold a hearing on any determination program will enhance compliance with programs must satisfy to be determined to approve a State/Tribe’s MSWLF Federal Criteria which remain in effect adequate. program, the Region scheduled two in any case. EPA intends to approve State/Tribal public hearings on this tentative EPA believes that the State has the MSWLF permit programs prior to the determination. A public hearing was statutory and regulatory authority to promulgation of STIR. EPA interprets held in Albany New York and in New implement and enforce such a program. the requirements for States or Tribes to York City. A summary of the comments Many of the numerous citings of past develop ‘‘adequate’’ programs for received, and EPA’s responses thereto is and or continuing site-specific permits or other forms of prior approval contained in the public comment violations do not recognize that the to impose several minimum section of this notice. State Part 360 regulations underwent a requirements. First, each State/Tribe On October 9, 1993, New York, acting significant revision which became must have enforceable standards for through the New York State Department effective on October 9, 1993, to conform new and existing MSWLFs that are of Environmental Conservation, adopted to the Federal Part 258 Criteria. technically comparable to EPA’s revised comprehensive, revised regulations Landfill closures in New York State MSWLF criteria. Next, the State/Tribe governing solid waste disposal. These have been primarily a result of the State must have the authority to issue a regulations are patterned after the 40 enforcement of policies and procedures permit or other notice of prior approval CFR Part 258 criteria, and are intended for compliance with laws and to all new and existing MSWLFs in its to bring New York into full conformity regulations governing closures of active jurisdiction. The State/Tribe also must with the Federal criteria. The New York solid waste landfills. In 1984, the provide for public participation in State Department of Environmental Commissioner of the New York State permit issuance and enforcement as Conservation has sufficient authority Department of Environmental required in Section 7004(b)(1) of RCRA. and responsibility for implementing and Conservation formally initiated a Finally, EPA believes that the State/ enforcing solid waste management landfill closure strategy to obtain Tribe must show that it has sufficient regulations, including a permit program, closure of unlined landfills in the State compliance monitoring and inspection authority and enforcement of New York. Pursuant to the 1984 enforcement authorities to take specific activities. Landfill Closure Enforcement Directive action against any owner or operator New York does not have the statutory and subsequent amendments of 1988, a that fails to comply with an approved authority to enforce the MSWLF permit methodical program was pursued by the MSWLF program. program on Indian Lands. MSWLFs NYSDEC whereby solid waste disposal EPA Regions will determine whether located on Indian Lands are subjected to facility planning and landfill closures a State/Tribe has submitted an the Federal Criteria. were to be coordinated. This strategy ‘‘adequate’’ program based on the In addition, in its application, New contemplated a process of consolidation interpretation outlined above. EPA York states that adequate technical, of solid waste disposal into a few plans to provide more specific criteria support and legal personnel will be regional landfills, pending planning, for this evaluation when it proposes the assigned to implement its permit design and permitting of new, properly State/Tribal Implementation Rule. EPA program. designed disposal facilities. The State’s expects States/Tribes to meet all of these B. Public Comment approach to solid waste compliance by requirements for all elements of a New York City was in accordance with MSWLF program before it gives full A summary of the public comments this strategy, while at the same time approval to a MSWLF program. received on the tentative determination recognizing the need to allow for On September 24, 1993, the State of of adequacy and EPA’s responses efficient and economic transition to New York submitted an application for thereto follows below. The major sound solid waste management adequacy determination for New York comments suggested the Fresh Kills practices by the City. State’s municipal solid waste landfill landfill in Staten Island, New York is There were several additional permit program. On March 14, 1994, illegally operating without a permit and comments. These are addressed in the May 10, 1994, and June 28, 1994, New is continuing to operate under consent responsiveness summary which is made York made revisions to its original orders since 1980. The commentors part of the public record. submission. On July 28, 1994, after believed that this demonstrates the reviewing New York State application inability of New York to effectively C. Decision and the revised submissions, EPA enforce landfill criteria. A facility not After reviewing the public comments, published a tentative determination of meeting Federal Criteria must be I conclude that New York State’s adequacy for all portions of New York upgraded in a reasonable time to meet application for adequacy determination State’s program. Further background on such criteria before or after approval of meets all of the statutory and regulatory the tentative determination of adequacy the state program. Upgrading can take requirements established by RCRA. appears at 59 FR 38463, July 28, 1993. place concurrent with or after state Accordingly, the State of New York is Along with the tentative program approval. The use of granted a determination of adequacy for determination, EPA announced the enforcement tools such as consent all portions of its municipal solid waste availability of the application for public orders as a method by which a facility permit program. comment. New York State’s application is brought into compliance is not a basis Section 4005(a) of RCRA provides that for program adequacy determination for disapproving a state program. In fact, citizens may use the citizen suit and its revisions were available for preliminary findings of an EPA study of provisions of Section 7002 of RCRA to public review and comment at the New the Fresh Kills facility compliance enforce the Federal MSWLF criteria in York State Department of status indicates relatively minor 40 CFR Part 258 independent of any Environmental Conservation, in Albany violations currently exist and the State/Tribal enforcement program. New York and at the EPA Region II facility exceeds some Federal As EPA explained in the preamble to Library in New York City. The public requirements such as groundwater the final MSWLF criteria, EPA expects 13724 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices that any owner or operator complying contractor, International Transcription system operators. The Court described with provisions in a State/Tribal Service, Inc., 2100 M Street, N.W., Suite the extent to which Must-Carry requires program approved by EPA should be 140, Washington, DC 20037, (202) 857– cable operators to make changes in their considered to be in compliance with the 3800. For further information on this programming selections as one of Federal Criteria. See 56 FR 50978, 50995 submission contact Judy Boley, Federal several questions ‘‘critical’’ to (October 9, 1991). Communications Commission, (202) determining whether the Must-Carry Today’s action takes effect on March 418–0214. Persons wishing to comment requirements are constitutional. 14, 1995. EPA believes it has good cause on this information collection should Accordingly, the FCC, in cooperation under section 553(d) of the contact Timothy Fain, Office of with the United States Department of Administrative Procedure Act, 5 U.S.C Management and Budget, Room 10236 Justice, which is defending the 553(d), to put this action into effect less NEOB, Washington, DC 20503, (202) constitutionality of the Must-Carry than 30 days after publication in the 395–3561. requirements in the Turner Federal Register. Please note: The Commission has Broadcasting case, seeks your assistance All of the requirements and requested emergency OMB review of this in responding to the enclosed survey obligations in New York State program item by March 17, 1995, under the provisions questionnaire, so that the Department are already in effect as a matter of law. of 5 CFR 1320.18. can more fully inform the courts of EPA’s action today does not impose any OMB Number: None Must-Carry’s impact. new requirements that the regulated Title: Survey Governing Effects of the Notice to Individuals Required by the community must begin to comply with. ‘‘Must Carry’’ Requirements Privacy Act of 1974 and the Paperwork Nor do these requirements become Action: New collection Reduction Act enforceable by EPA as Federal law. Respondents: Businesses or other for- The request for information in this survey Consequently, EPA finds that it does not profit is authorized by the Communications Act of need to give notice prior to making its Frequency of Response: One time 1934, as amended. The Commission will use approval effective. collection the information as described above. The Compliance with Executive Order 12866 Estimated Annual Burden: 2,000 Department of Justice will also use the responses; .25 hours average burden information. All information provided in The Office of Management and Budget per response; 500 hours total annual response to this survey will be available for has exempted this notice from the burden public inspection. A response is requested, requirements of Section 6 of Executive Needs and Uses: In cooperation with the but your response to the survey is voluntary. Order 12866. Public reporting burden for this U.S. Department of Justice, the information is estimated to average 15 Certification Under the Regulatory Federal Communications Commission minutes per response, including the time for Flexibility Act seeks information from cable reviewing instructions, searching existing television operators in connection data, gathering and maintaining the data Pursuant to the provisions of 5 U.S.C. with pending litigation involving needed, and completing and reviewing the 605(b), I hereby certify that this cable television ‘‘must carry’’ information. Send comments regarding the approval will not have a significant requirements (Turner Broadcasting burden estimate or any other aspect of this economic impact on a substantial System v. FCC. Civil Action No. 92– request for information, including number of small entities. 2247 and consolidated cases D.D.C.)). suggestions for reducing the burden, to the Federal Communications Commission, It does not impose any new burdens The survey asks cable operators to on small entities. This notice, therefore, Records Management Division, Washington, indicate the number of broadcast D.C. 20554, and to the Office of Management does not require a regulatory flexibility stations carried on their systems analysis. and Budget, Paperwork Reduction Project under ‘‘must carry’’ requirements or (3060–lll), Washington, D.C. 20503. Authority: This notice is issued under the ‘‘retransmission consent’’ so that the This notice is required by the Privacy Act authority of Sections 2002, 4005 and 4010(c) courts are fully informed of the ‘‘must of 1974, P.L. 93–579, Dec. 31, 1975, 5 U.S.C. of the Solid Waste Disposal Act as amended; carry’’ requirements’ impact. § 522a(e)(3) and the Paperwork Reduction 42 U.S.C. 6912, 6945, 6949a(c). Act of 1980, P.L. 96–511, Dec. 11, 1980, 47 Dated: February 21, 1995. Federal Communications Commission. U.S.C. § 3507. William F. Caton, Jeanne M. Fox, Please complete and return the Regional Administrator. Acting Secretary. enclosed survey form by mail or fax by [FR Doc. 95–6269 Filed 3–13–95; 8:45 am] Survey Concerning Effects of the ‘‘Must- April 7, 1995. Thank you for your BILLING CODE 6560±50±P Carry’’ Requirements cooperation. For further information, please March lll, 1995. contact: In Turner Broadcasting Co., Inc. v. FEDERAL COMMUNICATIONS FCC, 114 S. Ct 2445 (1994), the United Adam Issenberg (202) 616–8476, Eric COMMISSION States Supreme Court considered the Angel (202) 514–4775, United States constitutionality of the ‘‘Must-Carry’’ Dept. of Justice Public Information Collection Grey Pash (202) 418–1740, Federal requirements, the provisions of the Requirement Submitted to Office of Communications Commission, Office Cable Television Consumer Protection Management and Budget for Review of General Counsel and Competition Act of 1992 which March 9, 1995. require cable operators to carry local Survey Concerning Effects of the ‘‘Must- The Federal Communications television broadcast stations on their Carry’’ Requirements Commission has submitted the cable systems. 47 U.S.C. §§ 534, 535. Please complete this form and return it by following information collection The Court did not rule on the mail in the enclosed envelope or by fax to requirement to OMB for review and constitutionality of Must-Carry, but one of the numbers listed below no later than clearance under the Paperwork returned the case to the lower court for April 7, 1995. llll Reduction Act of 1980 (44 U.S.C. 3507). additional inquiry into a number of Physical System Identification No.: Copies of this submission may be issues. These include the impact of the Operator: purchased from the Commission’s copy Must-Carry requirements on cable lllllllllllllllllll Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13725 lllllllllllllllllll lllllllllllllllllll lllllllllllllllllll 1. How many usable activated channels are there on your cable system? (‘‘Usable activated channels’’ are the channels engi- neered at the headend which are generally available to residential subscribers, including channels designated for public, educational or governmental use, regardless of whether those channels are currently in use, and excluding channels that could not, for technical or safety reasons, be used for distribution of broadcast signals.) ...... 1. lll 2. How many local broadcast television stations now carried on your system are carried in fulfillment of the must-carry re- quirements? (This information is required by the FCC’s rules to be kept in your public inspection file.) ...... 2. lll 3. Of these signals you carry because of the must-carry requirements, how many (a) noncommercial educational and (b) com- mercial broadcast television stations were added to your system after the date the must-carry rules became effective? (The effective date of the rules was Dec. 4, 1992 for noncommercial educational television stations and June 2, 1993 for commer- cial television stations.). Non-commercial educational stations added ...... 3.a. lll Commercial stations added ...... 3.b. lll 4. How many local broadcast television stations are carried on your system pursuant to retransmission consent? ...... 4. lll 5. Of the usable activated channels on your system (see explanation in No. 1 above), how many are not currently used to pro- vide video signals to subscribers? ...... 5. lll Return to: Federal Communications FEDERAL RESERVE SYSTEM Farmington Bancorp; Change in Bank Commission, 1919 M St., N.W., Mail Stop Control Notices; Acquisitions of 1400A, Washington, D.C. 20554, Attention: John Ashley Dukes; Change in Bank Shares of Banks or Bank Holding Must-Carry Survey, or Fax to: (202) 418– Control Notice Companies; Correction 2819, (202) 418–2822. This notice corrects a notice (FR Doc. [FR Doc. 95–6291 Filed 3–13–95; 8:45 am] Acquisition of Shares of Banks or Bank Holding Companies 95-4351) published on page 10082 of the BILLING CODE 6712±01±M issue for Thursday, February 23, 1995. The notificant listed below has Under the Federal Reserve Bank of of applied under the Change in Bank San Francisco heading, the entry for Petition For Reconsideration of Action Farmington Bancorp, is revised to read Control Act (12 U.S.C. 1817(j)) and § In Rulemaking Proceeding as follows: 225.41 of the Board’s Regulation Y (12 1. Farmington Bancorp, Seattle, March 7, 1995. CFR 225.41) to acquire a bank or bank Washington, and Farmington Finance A petition for reconsideration has holding company. The factors that are Corporation, Hong Kong; to become been filed in the Commission considered in acting on notices are set bank holding companies by acquiring rulemaking proceeding listed in this forth in paragraph 7 of the Act (12 100 percent of the voting shares of Public Notice and published pursuant to U.S.C. 1817(j)(7)). Farmington State Bank, Farmington, 47 CFR 1.429(e). The full text of this The notice is available for immediate Washington. document is available for viewing and inspection at the Federal Reserve Bank Comments on this application must be received by March 17, 1995. copying in Room 239, 1919 M Street indicated. Once the notice has been NW., Washington, DC or may be accepted for processing, it will also be Board of Governors of the Federal Reserve purchased from the Commission’s copy available for inspection at the offices of System, March 8, 1995. contractor ITS, Inc. (202) 857–3800. the Board of Governors. Interested Jennifer J. Johnson, Opposition to this petition must be filed persons may express their views in Deputy Secretary of the Board. on or before March 29, 1995. writing to the Reserve Bank indicated [FR Doc. 95–6201 Filed 3–13–95; 8:45 am] See § 1.4(b)(1) of the Commission’s for the notice or to the offices of the BILLING CODE 6210±01±F rules (47 CFR 1.4(b)(1)). Replies to an Board of Governors. Comments must be received not later than March 28, 1995. opposition must be filed within 10 days GreatBanc, Inc., et al.; Formations of; after the time for filing oppositions has A. Federal Reserve Bank of Atlanta Acquisitions by; and Mergers of Bank expired. (Zane R. Kelley, Vice President) 104 Holding Companies Marietta Street, N.W., Atlanta, Georgia SUBJECT: In the Matter of Authority to 30303: The companies listed in this notice Issue Subpoenas (FCC 94–319). have applied for the Board’s approval 1. John Ashley Dukes, Jesup, Georgia; under section 3 of the Bank Holding FILED BY: Mark J. Golden, Vice President to acquire an additional .03 percent, for Company Act (12 U.S.C. 1842) and § of The Personal Communications a total of 10.02 percent, of the voting 225.14 of the Board’s Regulation Y (12 Industry Association on January 26, shares of Wayne Bancorp. Inc., Jesup, CFR 225.14) to become a bank holding 1995. Georgia, and thereby indirectly acquire company or to acquire a bank or bank Federal Communications Commission. Wayne National Bank, Jesup, Georgia. holding company. The factors that are William F. Caton, Board of Governors of the Federal Reserve considered in acting on the applications Acting Secretary. System, March 8, 1995. are set forth in section 3(c) of the Act (12 U.S.C. 1842(c)). [FR Doc. 95–6162 Filed 3–13–95; 8:45 am] Jennifer J. Johnson, Each application is available for BILLING CODE 6712±01±M Deputy Secretary of the Board. immediate inspection at the Federal [FR Doc. 95–6200 Filed 3–13–95; 8:45 am] Reserve Bank indicated. Once the BILLING CODE 6210±01±F application has been accepted for processing, it will also be available for inspection at the offices of the Board of 13726 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Governors. Interested persons may basis, pursuant to § 225.25(b)(15) of (private placement and riskless express their views in writing to the Regulation Y; principal activities). Reserve Bank or to the offices of the (3) Acting as agent in the private Applicant maintains that Company placement of all types of securities, and Board of Governors. Any comment on would conduct the foregoing, previously providing related advisory services; and an application that requests a hearing approved activities in conformity with must include a statement of why a (4) Purchasing and selling all types of the conditions and limitations written presentation would not suffice securities on the order of customers as established by the Board in prior cases. in lieu of a hearing, identifying a ‘‘riskless principal.’’ specifically any questions of fact that Applicant seeks approval to conduct In order to approve the proposal, the are in dispute and summarizing the the proposed activities throughout the Board must determine that the proposed evidence that would be presented at a United States. activities to be conducted by Company hearing. Section 4(c)(8) of the BHC Act ‘‘can reasonably be expected to produce Unless otherwise noted, comments provides that a bank holding company benefits to the public, such as greater may, with Board approval, engage in regarding each of these applications convenience, increased competition, or any activity ‘‘which the Board after due must be received not later than April 7, gains in efficiency, that outweigh notice and opportunity for hearing has 1995. determined (by order or regulation) to possible adverse effects, such as undue A. Federal Reserve Bank of Chicago be so closely related to banking or concentration of resources, decreased or (James A. Bluemle, Vice President) 230 managing or controlling banks as to be unfair competition, conflicts of South LaSalle Street, Chicago, Illinois a proper incident thereto.’’ 12 U.S.C. § interests, or unsound banking 60690: 1843(c)(8). In determining whether a practices.’’ 12 U.S.C. 1843(c)(8). 1. GreatBanc, Inc., Aurora, Illinois; to proposed activity is closely related to Applicant believes that the proposal acquire 54.5 percent of the voting shares banking for purposes of the BHC Act, will produce public benefits that of GreatBank, Algonquin, Illinois, a de the Board considers, inter alia, the novo bank. outweigh any potential adverse effects. criteria set forth in National Courier In particular, Applicant maintains that B. Federal Reserve Bank of Kansas Association v. Board of Governors of the City (John E. Yorke, Senior Vice the proposal will enhance competition Federal Reserve System, 516 F.2d 1229 and efficiency. In addition, Applicant President) 925 Grand Avenue, Kansas (D.C. Cir. 1975). These considerations City, Missouri 64198: states that the proposed activities will are: (1) whether banks generally have in not result in adverse effects such as an 1. Armstrong Bancshares, Inc., Vian, fact provided the proposed services; (2) undue concentration of resources, Oklahoma; to become a bank holding whether banks generally provide company by acquiring 100 percent of services that are operationally or decreased or unfair competition, the voting shares of Vian State bank, functionally so similar to the proposed conflicts of interest, or unsound banking Vian, Oklahoma. services as to equip them particularly practices. 2. Western Oklahoma Financial well to provide the proposed services; In publishing the proposal for Services, Inc., Elk City, Oklahoma; to and (3) whether banks generally provide comment, the Board does not take a become a bank holding company by services that are so integrally related to position on issues raised by the acquiring 100 percent of the voting the proposed services as to require their proposal. Notice of the proposal is shares of First National Bank, Elk City, provision in a specialized form. See 516 published solely in order to seek the Oklahoma. F.2d at 1237. In addition, the Board may views of interested persons on the Board of Governors of the Federal Reserve consider any other basis that may issues presented by the application, and System, March 8, 1995. demonstrate that the activity has a does not represent a determination by Jennifer J. Johnson, reasonable or close relationship to the Board that the proposal meets or is Deputy Secretary of the Board. banking or managing or controlling likely to meet the standards of the BHC [FR Doc. 95–6202 Filed 3–13–95; 8:45 am] banks. Board Statement Regarding Act. BILLING CODE 6210±01±F Regulation Y, 49 Federal Register 806 (1984). Any comments or requests for hearing Applicant states that the Board should be submitted in writing and HSBC Holdings plc and HSBC previously has determined by regulation received by William W. Wiles, Holdings BV; Application to Engage in that some of the proposed activities, Secretary, Board of Governors of the Nonbanking Activities when conducted within limitations Federal Reserve System, Washington, established by the Board, are closely D.C. 20551, on or before March 28, HSBC Holdings plc, London, England, related to banking for purposes of 1995. Any request for a hearing on this and HSBC Holdings BV, Amsterdam, section 4(c)(8) of the BHC Act. See 12 application must, as required by § The Netherlands (Applicants), have CFR 225.25(b)(4) (providing investment 262.3(e) of the Board’s Rules of applied pursuant to section 4(c)(8) of and financial advice); 12 CFR Procedure (12 CFR 262.3(e)), be the Bank Holding Company Act (12 225.25(b)(15) (providing securities accompanied by a statement of the U.S.C. 1843(c)(8)) (BHC Act) and section brokerage service on a discount and full- reasons why a written presentation 225.23 of the Board’s Regulation Y (12 service basis). would not suffice in lieu of a hearing, CFR 225.23), to engage de novo through Applicant also states that the Board identifying specifically any questions of their wholly owned subsidiary, James has determined by order that the fact that are in dispute, summarizing the Capel Incorporated, New York, New remaining proposed activities, when evidence that would be presented at a York (Company), in the following conducted within the limitations hearing, and indicating how the party nonbanking activities: established by the Board in its previous (1) Providing investment and orders, are closely related to banking. commenting would be aggrieved by financial advice, pursuant to § See J.P. Morgan & Co. Incorporated, 76 approval of the proposal. 225.25(b)(4) of Regulation Y; Federal Reserve Bulletin 26 (1990) and This application may be inspected at (2) Providing securities brokerage Bankers Trust New York Corporation, the offices of the Board of Governors or service on a discount and full-service 75 Federal Reserve Bulletin 829 (1989) the Federal Reserve Bank of New York. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13727 Board of Governors of the Federal Reserve Business and Industrial Development Dated: March 8, 1995. System, March 8, 1995. Corporation, Chattanooga, Tennessee, in Fernando M. Torres-Gil, Jennifer J. Johnson, community development activities, Assistant Secretary for Aging. Deputy Secretary of the Board. pursuant to § 225.25(b)(6) of the Board’s [FR Doc. 95–6191 Filed 3–13–95; 8:45 am] [FR Doc. 95–6203 Filed 3–13–95; 8:45 am] Regulation Y. The proposed activity will BILLING CODE 4130±02±M BILLING CODE 6210±01±F be conducted throughout the state of Tennessee. Board of Governors of the Federal Reserve DEPARTMENT OF HEALTH AND Sequatchie Valley Bancshares, Inc.; System, March 8, 1995. HUMAN SERVICES Notice of Application to Engage de Jennifer J. Johnson, novo in Permissible Nonbanking Deputy Secretary of the Board. Administration for Children and Activities [FR Doc. 95–6204 Filed 3–13–95; 8:45 am] Families The company listed in this notice has BILLING CODE 6210±01±F Administration on Children, Youth and filed an application under § 225.23(a)(1) Families of the Board’s Regulation Y (12 CFR 225.23(a)(1)) for the Board’s approval DEPARTMENT OF HEALTH AND [Program Announcement No. ACF± under section 4(c)(8) of the Bank HUMAN SERVICES 93588.951±A] Holding Company Act (12 U.S.C. DEPARTMENT OF EDUCATION 1843(c)(8)) and § 225.21(a) of Regulation Administration on Aging Y (12 CFR 225.21(a)) to commence or to White House Conference on Aging Office of Elementary and Secondary engage de novo, either directly or Advisory Committee on Disability; Education through a subsidiary, in a nonbanking Notice of Establishment activity that is listed in § 225.25 of Safe and Drug Free Schools Program; Regulation Y as closely related to Pursuant to Public Law 92–463, the The Community Schools Youth banking and permissible for bank Federal Advisory Committee Act, the Services and Supervision Grant holding companies. Unless otherwise Department of Health and Human Program, and noted, such activities will be conducted Services announces the establishment throughout the United States. by the Secretary of the White House The Family and Community Endeavor The application is available for Conference on Aging Advisory Schools Grant Program; Availability of immediate inspection at the Federal Committee on Disabilities. Fiscal Year (FY) 1995 Funds and Reserve Bank indicated. Once the The Committee shall advise and make Request for Applications; Correction application has been accepted for recommendations with respect to processing, it will also be available for disability issues to the Secretary and the AGENCIES: Administration for Children inspection at the offices of the Board of Assistant Secretary for Aging to assist in and Families (ACF), Department of Governors. Interested persons may planning and conducting the Health and Human Services (HHS), and express their views in writing on the Conference and in reviewing the the Office of Elementary and Secondary question whether consummation of the resolutions produced by the Conference Education (OESE), Department of proposal can ‘‘reasonably be expected to delegates. Education (ED). produce benefits to the public, such as The Committee shall terminate on ACTION: Correction Notice to amend the greater convenience, increased September 30, 1995. announcement of the availability of competition, or gains in efficiency, that Dated: March 8, 1995. funds and request for applications under the Family and Community outweigh possible adverse effects, such Fernando M. Torres-Gil, Endeavor School Grant Program. as undue concentration of resources, Assistant Secretary for Aging. decreased or unfair competition, [FR Doc. 95–6190 Filed 3–13–95; 8:45 am] SUMMARY: conflicts of interests, or unsound This Notice will correct banking practices.’’ Any request for a BILLING CODE 4130±02±M several items in Program hearing on this question must be Announcement No. ACF–93588.951, prepared by the Family and Youth accompanied by a statement of the White House Conference on Aging reasons a written presentation would Services Bureau of the ACYF and the Business Advisory Committee; Notice Safe and Drug Free Schools Program of not suffice in lieu of a hearing, of Establishment identifying specifically any questions of the Office of Elementary and Secondary fact that are in dispute, summarizing the Pursuant to Public Law 92–463, the Education and published in the March evidence that would be presented at a Federal Advisory Committee Act, the 6, 1995 Federal Register Notice (60 FR hearing, and indicating how the party Department of Health and Human 12332). commenting would be aggrieved by Services announces the establishment Part II of the announcement describes approval of the proposal. by the Secretary of the White House the three priority areas under which Comments regarding the application Conference on Aging Business Advisory application may be made. In the Table must be received at the Reserve Bank Committee. of Contents and in the body of the indicated or the offices of the Board of The Committee shall advise and make announcement, Part II, subparts D, E, F, Governors not later than March 28, recommendations with respect to and G were mistakenly identified as 1995. business issues to the Secretary and the ‘‘Priority Areas’’. Only subparts A, B, A. Federal Reserve Bank of Atlanta Assistant Secretary for Aging to assist in and C of Part II are priority areas under (Zane R. Kelley, Vice President) 104 planning and conducting the which applications may be submitted. Marietta Street, N.W., Atlanta, Georgia Conference and in reviewing the Subparts D through G provide 30303: resolutions produced by the Conference supplemental information and are not 1. Sequatchie Valley Bancshares, Inc., delegates. priority areas. Chattanooga, Tennessee; to engage de The Committee shall terminate on DATES: The closing date for receipt of novo through its subsidiary Tennessee September 30, 1995. applications under this announcement 13728 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices is May 5, 1995. Please note that this is Time and Date: 8:30 a.m.-4:30 p.m., April 5:30 p.m., and on Friday, March 24, a departure from the traditional 18, 1995. 1995, 8:30 a.m. to 5 p.m. Place: Corporate Square, Building 11, approach of using postmarks instead of ADDRESSES: The meeting will be held at Room 2320, Corporate Square Boulevard, receipt date to determine eligibility of the National Institutes of Health, applications for review. Atlanta, Georgia 30329. Status: Closed. Clinical Center, Bldg. 10, Jack Masur ADDRESSES: Application receipt: Matters to be Discussed: The meeting will Auditorium, 9000 Rockville Pike, Department of Health and Human include the review, discussion, and Bethesda, MD. Copies of the transcript Services, ACF Division of Discretionary evaluation of applications received in of the meeting will be available from the Grants, 370 L’Enfant Promenade, S.W., response to Program Announcement 305b. contact person listed below. There is no Washington, D.C. 20447. Attn: ACF– The applications being reviewed include registration fee for this meeting. 93588.951–A. information of a confidential nature, Interested persons are encouraged to including personal information concerning FOR FURTHER INFORMATION ON THE register early because space is limited. individuals associated with the applications. COMMUNITY SCHOOLS PROGRAM CONTACT: The meeting will be closed to the public FOR FURTHER INFORMATION CONTACT: Department of Health and Human in accordance with provisions set forth in Regarding information concerning the Services, AC/ACYF, Family and Youth section 552b(c) (4) and (6), Title 5 U.S.C., and meeting and registration forms: Louis A. Services Bureau, P.O. Box 1182, the Determination of the Associate Director Morris, Center for Drug Evaluation and Washington, D.C. 20013. Telephone for Management and Operations, CDC, Research (HFD–240), Food and Drug (202) 205–8076. Information is also pursuant to Public Law 92–463. Administration, 5600 Fishers Lane, available on the ACF Electronic Bulletin Contact Person for More Information: John Rockville, MD 20857, 301–594–6812, Board. To access, set modem to No R. Lehnherr, Chief, Resource Analysis Office FAX 301–594–6759. (E07), National Center for Prevention Parity, 8 Data Bits, 1 Stop Bit and dial Dated: March 8, 1995. 1–800–627–8886. Under ‘‘Program Services, CDC, Corporate Square, Corporate Square Boulevard, Atlanta, Georgia 30329, William B. Schultz, Office Subsystems, Family and Youth telephone 404/639–8023. Deputy Commissioner for Policy. Services Bureau,’’ relevant files are Dated: March 7, 1995. found under COMMSCH. [FR Doc. 95–6199 Filed 3–13–95; 8:45 am] Arthur C. Jackson, BILLING CODE 4160±01±F FOR FURTHER INFORMATION ON THE FACES Associate Director for Management and PROGRAM CONTACT: Department of Operations, Centers for Disease Control and Education, OESE, Safe and Drug Free Prevention (CDC). Health Resources and Services Schools Program, 600 Independence [FR Doc. 95–6236 Filed 3–13–95; 8:45 am] Administration Avenue, S.W., Washington, D.C. 20202. BILLING CODE 4163±18±M Telephone (202) 260–3954. Rural Regional Trauma and Emergency Catalog of Federal Domestic Assistance Medical Services System Number 84.285A for the FACES Program and Food and Drug Administration Demonstration Grant Project in South Number 93.588 for the Community School Central Florida Program.) Comparing Treatments: Safety, AGENCY: Health Resources and Services Dated: March 7, 1995. Effectiveness, and Cost-Effectiveness; Administration, Public Health Service, Olivia A. Golden, Notice of Meeting Department of Health and Human Commissioner, Administration on Children, Services. Youth and Families. AGENCY: Food and Drug Administration, ACTION: Notice of extension of [FR Doc. 95–6252 Filed 3–13–95; 8:45 am] HHS. application due date. BILLING CODE 4184±01±P ACTION: Notice. SUMMARY: This notice extends the SUMMARY: The Food and Drug application due date for a Rural Administration (FDA) is announcing Centers for Disease Control and Regional Trauma and Emergency that it is holding a meeting to explore Prevention Medical Services (EMS) Demonstration methodological and regulatory issues in Grant Project in South Central Florida. Disease, Disability, and Injury the design and review of studies The application due date for the South Prevention and Control Special intended to show differences or Central Florida project is extended to Emphasis Panel (SEP): Cooperative similarities among active drug and May 15, 1995. All other aspects of the Agreements for National/Regional biological therapies. As the February 15, 1995 Federal Register Minority Organization Human pharmaceutical marketplace evolves, Notice remain the same. Immunodeficiency Virus (HIV)/Sexually there are new pressures on the Transmitted Diseases (STD) developers of drug/biological products Dated: March 9, 1995. Prevention, Immunization, and to demonstrate comparative effects. This Ciro V. Sumaya, Tuberculosis (TB) Projects-Program meeting will examine the needs for this Administrator. Announcement 305b: Meeting type of information, how the [FR Doc. 95–6198 Filed 3–13–95; 8:45 am] pharmaceutical industry is responding In accordance with section 10(a)(2) of BILLING CODE 4160±15±M to new demands for comparative the Federal Advisory Committee Act information, case-study experience (Pub. L. 92–463), the Centers for Disease ruling out biases in study design, the National Institutes of Health Control and Prevention (CDC) use of observational studies, announces the following committee methodological concerns in National Institute of General Medical meeting. effectiveness trials, and promotional Sciences; Notice of Closed Meeting Name: Disease, Disability, and Injury considerations. The study will examine Pursuant to Section 10(d) of the Prevention and Control SEP: Cooperative issues concerning evaluation of safety, Federal Advisory Committee Act, as Agreements for National/Regional Minority effectiveness, and cost-effectiveness. Organization HIV/STD Prevention, amended (5 U.S.C. Appendix 2), notice Immunization, and TB Projects-Program DATES: The meeting will be held on is hereby given of the following Announcement 305b. Thursday, March 23, 1995, 8 a.m. to meeting: Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13729 Commitee Name: National Institute of If you plan to attend the meeting, Room 406B, Bethesda, MD 20892, (301) 594– General Medical Sciences, Special Emphasis please provide your name, organization, 7118. Panel—Minority Biomedical Research address, telephone and FAX numbers to Name of SEP: Microbiological and Support and Undergraduate Program Dr. John La Montagne, Co-Chair, Immunological Sciences. Expertise. Date: March 28, 1995. Date: March 28. Chronic Fatigue Syndrome Interagency Time: 1 p.m.—adjournment. Coordinating Committee, Division of Time: 1 p.m. Place: Holiday Inn, 348 N. Dupont Microbiology and Infectious Diseases, Place: NIH, Westwood Building, Room Highway, Dover, DE 19901. National Institute of Allergy and 406B, Telephone Conference. Contact Person: Dr. Bruce Wetzel, Infectious Diseases, National Institutes Contact Person: Dr. Gil Meier, Scientific Scientific Review Administrator, NIGMS, 45 of Health, Solar Building, Room 3A18 Review Administrator, 5333 Westbard Ave., Center Drive, Room 1AS–19K, Bethesda, MD MSC 7630, Bethesda, MD 20892–7630. Room 406B, Bethesda, MD 20892, (301) 594– 20892–6200. Telephone: 301–496–1884, FAX: 301– 7118. Purpose: To review and evaluate grant 480–4528. If you also plan to make a Name of SEP: Microbiological and applications. presentation, please notify Dr. La Immunological Sciences. This meeting will be closed in accordance Date: March 29, 1995. with the provisions set forth in secs. Montagne. The time available will be Time: 1 p.m. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. The allocated among the individuals who Place: Holiday Inn, Chevy Chase, MD. discussions of these applications could request an opportunity for a reveal confidential trade secrets or presentation (limited to five minutes). Contact Person: Dr. Gil Meier, Scientific commercial property such as patentable Formal written statements (five copies) Review Administrator, 5333 Westbard Ave., material and personal information may be presented to the Chair on the Room 406B, Bethesda, MD 20892, (301) 594– 7118. concerning individuals associated with the day of the meeting for inclusion in the applications, the disclosure of which would minutes. Name of SEP: Microbiological and constitute a clearly unwarranted invasion of Immunological Sciences. personal privacy. Dated: March 2, 1995. Date: March 30, 1995. This notice is being published less than Anthony S. Fauci, Time: 1:30 p.m. fifteen days prior to the meeting due to the Director, NIAID, NIH. Place: NIH, Westwood Building, Room urgent need to meet timing limitations [FR Doc. 95–6188 Filed 3–13–95; 8:45 am] 406B, Telephone Conference. imposed by the grant review cycle. BILLING CODE 4140±01±M Contact Person: Dr. Gil Meier, Scientific (Catalog of Federal Domestic Assistance Review Administrator, 5333 Westbard Ave., Program Nos. 93.821, Biophysics and Room 406B, Bethesda, MD 20892, (301) 594– Physiological Sciences; 93.859, 7118. Pharmacological Sciences; 93.862, Genetics Division of Research Grants; Notice of Research; 93.863, Cellular and Molecular Closed Meetings Name of SEP: Microbiological and Immunological Sciences. Basis of Disease Research; 93.880, Minority Pursuant to Section 10(d) of the Date: March 31, 1995. Access Research Careers [MARC]; and Federal Advisory Committee Act, as 93.375, Minority Biomedical Research Time: 1 p.m. Support [MBRS]. amended (5 U.S.C. Appendix 2), notice Place: NIH, Westwood Building, Room is hereby given of the following Division Dated: March 8, 1995. 406B, Telephone Conference. of Research Grants Special Emphasis Susan K. Feldman, Contact Person: Dr. Gil Meier, Scientific Panel (SEP) meetings: Review Administrator, 5333 Westbard Ave., Committee Management Officer, NIH. Room 406B, Bethesda, MD 20892, (301) 594– [FR Doc. 95–6186 Filed 3–13–95; 8:45 am] Purpose/Agenda 7118. BILLING CODE 4140±01±M To review Small Business Innovation Research Program grant applications. Name of SEP: Multidisciplinary Sciences. Name of SEP: Behavioral and Date: April 3, 1995. National Institute of Allergy and Neurosciences. Time: 9 a.m. Date: April 14, 1995. Infectious Diseases; Notice of Meeting: Place: NIH, Westwood Bulding, Room 437, Time: 9 a.m. Telephone Conference. Chronic Fatigue Syndrome Interagency Place: Holiday Inn, Chevy Chase, MD. Contact Person: Dr. Paul Parakkal, Coordinating Committee; Public Contact Person: Dr. A. Keith Murray, Scientific Review Admin., 5333 Westbard Meeting Scientific Review Admin., 5333 Westbard Ave., Room 437, Bethesda, MD 20892, (301) Ave., Room 325, Bethesda, MD 20892, (301) 594–7258. Notice is hereby given of the public 594–7145. meeting of the Chronic Fatigue The meetings will be closed in accordance Syndrome (CFS) Interagency Purpose/Agenda with the provisions set forth in sections Coordinating Committee, Department of To review individual grant applications 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Health and Human Services, on April Name of SEP: Microbiological and Applications and/or proposals and the 12, 1995 at the Hubert H. Humphrey Immunological Sciences. discussions could reveal confidential trade Date: March 23, 1995. secrets or commercial property such as Building, Room 729G, 200 Time: 1 p.m. patentable material and personal information Independence Avenue, SW, Place: NIH, Westwood Building, Room concerning individuals associated with the Washington, DC. 406B, Telephone Conference. applications and/or proposals, the disclosure The meeting will be open to the Contact Person: Dr. Gil Meier, Scientific of which would constitute a clearly public from noon to 3 p.m., on April 12, Review Administrator, 5333 Westbard Ave., unwarranted invasion of personal privacy. Room 406B, Bethesda, MD 20892, (301) 594– to discuss the current CFS activities and This notice is being published less than 15 7118. future plans of the various member days prior to the meeting due to the urgent agencies. It will be chaired by the Name of SEP: Microbiological and need to meet timing limitations imposed by Assistant Secretary for Health. During Immunological Sciences. the grant review cycle. the meeting there will be an opportunity Date: March 27, 1995. Time: 1 p.m. (Catalog of Federal Domestic Assistance for interested persons to present Place: NIH, Westwood Building, Room Program Nos. 93.306, 93.333, 93.337, 93.393– information and views on issues related 406B, Telephone Conference. 93.396, 93.837–93.844, 93.846–93.878, to CFS. Attendance by the public will be Contact Person: Dr. Gil Meier, Scientific 93.892, 93.893. National Institutes of Health, limited only by space available. Review Administrator, 5333 Westbard Ave., HHS) 13730 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Dated: March 8, 1995. which provides water to more than Plateau Creek such that impacts to all Susan K. Feldman, 55,000 Grand Valley residents. The Ute resources are minimized. Committee Management Officer, NIH. Water service area includes most of the Alternative B—Replacement of the [FR Doc. 95–6187 Filed 3–13–95; 8:45 am] Grand Valley area surrounding the City pipeline parallel to Plateau Creek BILLING CODE 4140±01±M of Grand Junction, Colorado, and entirely within the existing state extends from east of the Town of highway 65 and 330 rights-of-way. Palisade to within 5 miles of the Alternative C—Replacement of the DEPARTMENT OF THE INTERIOR Colorado-Utah stateline. Ute Water is a political subdivision of the State of pipeline in either alignment A or B with Bureau of Land Management Colorado formed under the Water a smaller pipeline. This alternative Conservancy Act of 1937, and is includes provisions for construction of [CO±070±5101±CO12] considered to be a quasi-municipal a booster station at the mouth of Plateau entity. Canyon to be built at a future date to Notice of Intent To Prepare an meet long-term demands. Environmental Assessment (EA) and The existing prestressed concrete pipe Notice To Scoping Meetings, and, if was installed in the early 1960s. A Alternative D—A ‘‘no federal action’’ Determined To Be Necessary, Prepare pipeline consisting of 42-inch and 36- alternative. an Environmental Impact Statement inch diameter pipe carries raw water for Major issues identified during the (EIS) on a Proposed Replacement Raw approximately 4.5 miles from the Lower preliminary scoping include: (1) Molina Power Plant tail race to two Water Pipeline in Mesa County, CO wetlands and riparian areas, (2) storage reservoirs. From the reservoirs, threatened and endangered species, (3) AGENCY: Bureau of Land Management, water is conveyed via a 24-inch- wildlife habitat, (4) need for demand Interior. diameter pipeline approximately 14 projections, and (5) water depletion ACTION: Notice of Intent to Prepare an miles along Plateau Creek Canyon and issues. Preliminary review by the Environmental Assessment (EA), and adjacent to Interstate Highway 70 to Ute Bureau of Land Management (BLM), Notice to Scoping Meetings, and, if Water’s treatment plant located on Fish and Wildlife Service (FWS), and determined to be necessary, prepare an Rapid Creek, near the Town of Palisade. Army Corps of Engineers (ACOE) Environmental Impact Statement (EIS) As of 1994, the pipeline was no longer indicates that the anticipated impacts on a Proposed Replacement Raw Water able to provide an adequate flow rate to Pipeline in Western Colorado. meet the peak day customer demands. may be entirely mitigable, and may be The pipeline is presently subject to limited to temporary disturbance. SUMMARY: Pursuant to section 102(2)(C) frequent breaks due to deteriorated pipe However, there is a potential that of the National Environmental Policy condition, and is unreliable due to its significant impacts may be identified Act of 1969 (NEPA), the Grand Junction location within geologic hazards and during the EA process and it may be Resource Area Office, Grand Junction stream erosion areas. In order for Ute necessary to convert this documentation District, will be directing the Water to meet its commitment of effort into an EIS. Therefore, it is also preparation of a NEPA document. The providing a reliable, cost effective, high the intent of this NOI to provide for NEPA document will be initiated as an quality water source, replacement of the public notice and review necessary for EA, with the understanding that it may pipeline is necessary. The pipeline size an EIS pursuant to NEPA. be upgraded to an EIS. The document and capacity will be determined from The tentative project schedule is: will be prepared by a third party independent water demand projections Begin Public Comment Period—March 1995 contractor, and will address impacts of based on population estimates to be the Plateau Creek Pipeline Replacement Complete Final EA—January 1996 generated and documented as part of EA Finding—March 1996 project proposed by the Ute Water this effort. Conservancy District (Ute Water). The Complete Final Design—January 1997 Ute Water has preliminary scoping to: Begin Construction—March 1997 project is a raw water conveyance (1) identify interested stakeholders and system proposed on private and public agencies, (2) define key issues, and (3) The BLM’s scoping process will lands in Mesa County, Colorado to identify initial alternatives. On the basis include: (1) Identification of additional replace a deteriorated and under sized of the preliminary scoping, 16 issues to be addressed; (2) Identification pipeline currently approved under BLM alternatives were developed. These of additional viable alternatives, and (3) ROW grant C 081282. include seven alternatives along the Notification of interested groups, DATES: Written comments will be Plateau Creek corridor, three different individuals and agencies so that accepted until 4:00 p.m., MST, on April alternatives involving use of water from additional information concerning these 13, 1995. A public scoping meeting will nearby utilities, a Colorado River pump issues can be obtained. be held at 7:00 p.m. on March 29, 1995, station alternative, two alternatives for at the Two Rivers Convention Center, The scoping process will be initiated supplying water from the Kannah Creek by publication of this NOI in the 159 Main Street, Grand Junction, watershed, two alternatives for Colorado. Federal Register and issuance of a news supplying water from the Whitewater release announcing the start of the ADDRESSES: Comments should be sent to Creek watershed, and a No Action process; letters of invitation to the Grand Junction Area Manager, alternative. Groundwater alternatives participate in the scoping process, and Bureau of Land Management, 2815 H and conservation actions will be distribution of a scoping document Road, Grand Junction, CO 81506, ATTN: addressed in the EA. Four of the describing the proposed action, Plateau Creek Pipeline Replacement initially considered alternatives, alternatives and significant issues being Project. selected on the basis of screening considered is available upon request. FOR FURTHER INFORMATION CONTACT: criteria described in Section 404(b) of Dave Stevens, (303) 244–3009. the Clean Water Act, are proposed for Mark T. Morse, SUPPLEMENTARY INFORMATION: The evaluation in the EA. These are: District Manager. existing Plateau Creek Pipeline is an Alternative A—Replacement of the [FR Doc. 95–6280 Filed 3–13–95; 8:45 am] essential part of the Ute Water system pipeline on an alignment parallel to BILLING CODE 4310±JB±M Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13731 Minerals Management Service During this 1-year provisional The Agenda for this meeting is as approval period, MMS will conduct follows: One-Year Provisional Approval Period onsite evaluations and unannounced 1. Review and approval of the of Arco's Safety System Training audits of the training program at Arco’s summary reports of the meetings held Program (SIM STATION for Interactive shorebase facilities located in Ingleside, November 17, 1994, and February 16, Video Training and Simulation) Texas, and Venice, Louisiana. 1995. The MMS will conduct these onsite 2. Review and approval of the AGENCY: Minerals Management Service, evaluations and unannounced audits to commission’s annual report for fiscal Interior. evaluate the operation of the training year 1994. ACTION: Notice. program to observe the student’s ability 3. Reports of Maine Acadian Culture SUMMARY: This notice announces a 1- to interact with the system. Preservation Commission working year provisional approval of Arco’s The MMS granted a 1-year provisional groups. Production Safety System Training approval of the training program under 4. Report of the National Park Service Program (SIM STATION for Interactive the departure provisions of 30 CFR planning team. 250.210(h) which states that, 5. Opportunity for public comment. Video Training and Simulation). The 6. Proposed agenda, place, and date of Minerals Management Service (MMS) is ‘‘Departures. The MMS may approve departures from these requirements the next Commission meeting. announcing the approval of this The meeting is open to the public. program to inform the public about when it is determined that such departure will not result in a reduction Further information concerning evolving training technology. The Commission meetings may be obtained program offers a unique learning system of the qualifications of personnel and that the departure is necessary due to from the Superintendent, Acadia that uses computerized enactments of National Park. Interested persons may real-life situations to enhance learning. unavoidable circumstances that make compliance with the requirements make oral/written presentations to the FOR FURTHER INFORMATION CONTACT: infeasible or impractical.’’ Final Commission or file written statements. Joseph R. Levine, Chief, Information and Such requests should be made at least Training Branch; Mail Stop 4810; approval will be contingent upon MMS’ assessment of the effectiveness of this seven days prior to the meeting to: Minerals Management Service; 381 Superintendent, Acadia National Park, Elden Street; Herndon, Virginia 22070– type of training in fulfilling the requirements of subpart O. P.O. Box 177, Bar Harbor, ME 04609– 4817; telephone (703) 787–1033; FAX 0177; telephone (207) 288–5472. (703) 787–1575. Dated: March 7, 1995. Dated: March 6, 1995. SUPPLEMENTARY INFORMATION: On Thomas Gernhofer, Chrysandra L. Walter, January 24, 1991 (56 FR 2679), MMS Associate Director for Offshore Minerals amended the rules to revise the Management. Acting Regional Director. minimum training requirements for [FR Doc. 95–6185 Filed 3–13–95; 8:45 am] [FR Doc. 95–6192 Filed 3–13–95; 8:45 am] personnel engaged in drilling and BILLING CODE 4310±MR±M BILLING CODE 4310±70±P production operations in the Outer Continental Shelf (OCS) and established National Register of Historic Places; new minimum training requirements for National Park Service Notification of Pending Nominations personnel engaged in well-completion, Maine Acadian Culture Preservation well-workover, and well-servicing Commission; Notice of Meeting Nominations for the following operations in the OCS. These properties being considered for listing requirements were effective on February Notice is hereby given in accordance in the National Register were received 25, 1991. After February 24, 1993, MMS with the Federal Advisory Committee by the National Park Service before required training organizations to Act (Pub. L. 92–463) that the Maine March 4, 1995. Pursuant to § 60.13 of 36 submit training programs in accordance Acadian Culture Preservation CFR Part 60 written comments with the requirements in 30 CFR part Commission will meet on Friday, April concerning the significance of these 250, subpart O. 7, 1995. The meeting will convene at properties under the National Register The reason for this notice is to 7:00 p.m. in the All-purpose Room in criteria for evaluation may be forwarded announce the 1-year provisional the Physical Education Building on the to the National Register, National Park approval of Arco’s Production Safety campus of the University of Maine at Service, P.O. Box 37127, Washington, System Training Program (SIM Fort Kent, Aroostook County, Maine. D.C. 20013–7127. Written comments STATION for Interactive Video Training The Physical Education Building (Gym) should be submitted by March 29, 1995. and Simulation). Unlike traditional is located off Pleasant Street, near U.S. Carol D. Shull, classroom based training programs, Route 1 in Fort Kent. Chief of Registration, National Register. Arco based its program on interactive The eleven-member Maine Acadian computer and laser disc based Culture Preservation Commission was ARKANSAS technology. This program allows the appointed by the Secretary of the Clay County unassisted training of individual Interior pursuant to the Maine Acadian Scatterville Cemetery, Co. Rd. 404, 1.5 mi. W workers. The system provides for Culture Preservation Act (Pub. L. 101– of AR 90, Rector vicinity, 95000364 instruction, simulation, and testing. 543). The purpose of the Commission is Arco will administer the MMS to advise the National Park Service with Johnson County certification test through a Training respect to: Pioneer House, Poplar St. (AR 64), S of AR Administrator (TA). The TA is a • The development and 123 and W of Johnson Co. Hospital, company designated person who will implementation of an interpretive Clarksville, 95000363 provide a student with all the material program of Acadian culture in the state Washington County for Production Safety System Training. of Maine; and • Wilson Park Historic District, Roughly During a training course the TA will be The selection of sites for bounded by College Ave., Maple St., available to answer any questions the interpretation and preservation by Wilson Ave, and Louise St., Fayetteville, students have about the course material. means of cooperative agreements. 95000365 13732 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices CALIFORNIA St. Martin Parish Lauderdale County Los Angeles County Dautreuil House, 517 E. Bridge St., St. Lauderdale County Courthouse (Historic Martinville, 95000356 County Courthouses of Tennessee MPS), Montebello Woman’s Club, 201 S. Park Ave., Town Sq., Ripley, 95000343 Montebello, 95000266 Union Parish Madison County Orange County Alabama Methodist Church, LA Alt. 2, Masonic Temple, 501 N. Harbor Blvd., Bernice vicinity, 95000298 Madison County Courthouse (Historic County Fullerton, 95000355 Courthouses of Tennessee MPS), Public MICHIGAN Sq., Jackson, 95000342 San Luis Obispo County Marquette County Monroe County Eight Mile House, Off CA 101 on Stagecoach Negaunee State Bank Building, 331 Iron St., Monroe County Courthouse (Historic County Rd., Santa Margarita, 95000358 Negaunee, 95000295 San Luis Obispo Carnegie Library (California Courthouses of Tennessee MPS), Town Sq., Carnegie Libraries MPS), 696 Monterey St., NEVADA Madisonville, 95000341 San Luis Obispo, 95000357 Humboldt County Montgomery County Santa Barbara County Adorno Station, 9535 US 95 N, Winnemucca McCauley Hill Farm (Historic Family Farms Val Verde, 2549 Sycamore Canyon Rd., Santa vicinity, 95000329 in Middle Tennessee MPS), 1535 Harville Barbara, 95000359 Humboldt River Bridge, N. Bridge St., over Rd., Clarksville vicinity, 95000268 the Humboldt R., Winnemucca, 95000322 Sonoma County Obion County Winnemucca State Bank and Trust Company Petaluma Historic Commercial District, Building, 136 Bridge St., Winnemucca, Obion County Courthouse (Historic County Along Petaluma Blvd., between B and 95000324 Courthouses of Tennessee MPS), Jct. of Prospect Sts., Petaluma, 95000354 Third and Washington Sts., Union City, Washoe County 95000340 Tuolumne County Veterans Memorial School, 1200 Locust St., Perry County Watts & Tannahill Company Store, 18761 Reno, 95000326 Main St. (CA 120), Groveland, 95000265 Perry County Courthouse (Historic County NEW JERSEY Courthouses of Tennessee MPS), Town Sq., COLORADO Linden, 95000339 Cumberland County Denver County Sara Store, 17903 NW. 41st Ave., Ridgefield Pickett County Cole Neighborhood Historic District, 3200– vicinity, 95000304 Pickett County Courthouse (Historic County 3300 Vine and Race Sts., Denver, 95000264 Courthouses of Tennessee MPS), Town Sq., DISTRICT OF COLUMBIA Essex County Byrdstown, 95000338 Seated Lincoln (Public Sculpture in Newark District of Columbia State Equivalent MPS), Jct. of Springfield and Market Sts., Rutherford County Garfinckel’s Department Store, 1401 F St., Essex County Courthouse Plaza, Newark, Allen Chapel A.M.E. Church, 224 S. Maney NW., Washington, 95000353 95000303 Ave., Murfreesboro, 95000291 Hotel Washington, 515 15th St., NW., Washington, 95000352 NEW YORK Shelby County Steuben County Wells School, 4140 Collierville—Arlington FLORIDA Rd., Eads vicinity, 95000292 World War Memorial Library, 149 Pine St., Lee County Corning, 95000361 VERMONT Boca Grande Community Center (Lee County MPS], E of Park Ave., between First and OHIO Essex County Second Sts., Boca Grande, 95000306 Hamilton County Hibbard, Judge David, Homestead, Woodland Rd., Concord, 95000294 IOWA Warder, John Aston, House (Boundary Washington County Hancock County Decrease), 71 Shady Ln., North Bend vicinity, 95000351 Woodbury Town Hall, VT 14, Woodbury, Pilot Knob State Park: Portals (CCC 95000296 Properties in Iowa State Parks MPS), Off IA TENNESSEE 9 SE of Forest City, Pilot Knob State Park, WASHINGTON Bedford County Forest City vicinity, 95000362 Maple Dean Farm (Historic Family Farms in Pierce County KENTUCKY Middle Tennessee MPS), 400 New Herman Dadisman, David, House, 1814 A St., Key Bourbon County Rd., Shelbyville vicinity, 95000269 Peninsula N, Home, 95000305 Tucker, John, House, 405 McNees Rd., Paris Bledsoe County [FR Doc. 95–6155 Filed 3–13–95; 8:45 am] vicinity, 95000302 Bledsoe County Courthouse (Historic County BILLING CODE 4310±70±M Boyle County Courthouses of Tennessee MPS), Town Sq., Pikesville, 95000346 Rice—Worthington House, 3 mi. S of Wrangell-St. Alias National Park and Faulconer Rd., on S. Buster Pike, Danville Dickson County vicinity, 95000301 Reserve; Proposed Plan of Operations Neblett Place Farm (Historic Family Farms in to Conduct Mining Operations McCracken County Middle Tennessee MPS), 1160 St. Paul Rd., Tilghman, Augusta, High School, 401 Walter Charlotte vicinity, 95000267 AGENCY: National Park Service, Interior. Jetton Blvd., Paducah, 95000300 Franklin County ACTION: Notice of availability. LOUISIANA Franklin County Courthouse (Historic County SUMMARY: Notice is hereby given that Courthouses of Tennessee MPS), Public pursuant to the provisions of section 2 Lafourche Parish Sq., Winchester, 95000345 Bank of Lockport, 111 Barataria St., Lockport, of the Act of September 28, 1976, 16 95000299 Hamilton County U.S.C. 1901 et seq., and in accordance Merchants and Planters Bank, 110 Main St., Central Block Building, 630—638 Market St., with the provisions of § 9.17 of Title 36 Lockport, 95000297 Chattanooga, 95000293 Code of Federal Regulation part 9 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13733 subpart A, James Moody has filed a General for the Environment and Commerce’s NIST Advanced proposed plan of operations to conduct Natural Resources Division, Department Technology Program. mining operations on lands embracing of Justice, Washington, D.C. 20530, and Constance K. Robinson, the Bonanza Creek No. 1 through No. 6, should refer to United States v. Rocky Director of Operations, Antitrust Division. # placer claims within the Wrangell-St. Ford Storage, Inc., et al., Doj Ref. 90– [FR Doc. 95–6194 Filed 3–13–95; 8:45 am] Elias National Park and Preserve. 5–2–1–1833. BILLING CODE 4410±01±M ADDRESSES: This plan of operations is The proposed consent decrees may be available for inspection during normal examined at the Office of the United business hours at the following States Attorney, 12th Floor, Federal Pursuant to the National Cooperative locations: Office Building, 1961 Stout Street, Research and Production Act of Wrangell-St. Elias National Park and Denver, Colorado 80294; the Region VIII 1993ÐPoweropen Association, Inc. Office of the Environmental Protection Preserve, Mile 105.5 Old Richardson Notice is hereby given that, on Highway, Glennallen, Alaska 99588 Agency, 999 18th Street, Suit 500, Denver, Colorado 80202; and at the December 28, 1994, pursuant to Section Alaska Regional Office—Minerals 6(a) of the National Cooperative Management Division, National Park Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005, Research and Production Act of 1993, Service, 2525 Gambell Room 107, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Anchorage, Alaska 99503–2892 202–624–0892. Copies of the proposed consent decrees may be obtained in PowerOpen Association, Inc. FOR FURTHER INFORMATION CONTACT: person or by mail from the Consent (‘‘PowerOpen’’), has filed written Jonathan B. Jarvis, Superintendent, Decree Library, 1120 G Street, NW., 4th notifications simultaneously with the Wrangell-St. Elias National Park and Floor, Washington, DC 20005. In Attorney General and the Federal Trade Preserve, Post Office Box 29, requesting a copy, please refer to the Commission disclosing changes in Glennallen, Alaska 99588, (907) 822– referenced case and enclose a check in membership. The notifications were 5234. the amount of $5.50 (25 cents per page filed for the purpose of extending the Robert D. Barbee, reproduction costs), for the Skorka Act’s provisions limiting the recovery of Alaska Regional Director. consent decree or $3.00 (25 cents per antitrust plaintiffs to actual damages [FR Doc. 95–6237 Filed 3–13–95; 8:45 am] page reproduction costs) for the Rocky under specified circumstances. BILLING CODE 4310±70±M Ford Storage, Inc. consent decree, Specifically, the identities of the new payable to the Consent Decree Library. members of PowerOpen are: Aspect Joel M. Gross, Communications, Inc., San Jose, CA; Bolt Bernack and Newman, Inc., DEPARTMENT OF JUSTICE Acting Chief, Environmental Enforcement Section, Environment and Natural Resources Cambridge, MA; CelsiusTech Systems Lodging of Consent Decree Pursuant Division. AB, Jarfalla, SWEDEN; and Gradient to the Clean Air Act [FR Doc. 95–6193 Filed 3–13–95; 8:45 am] Technologies, Inc., Marlboro, MA. No other changes have been made in In accordance with Departmental BILLING CODE 4410±01±M either the membership or planned policy and 28 CFR 50.7, notice is hereby activity of the project. Membership given that two proposed consent decrees Antitrust Division remains open and PowerOpen intends in United States v. Rocky Ford Storage, to file additional written notification Inc., et al., Civil Action No. 94–N–1709, Pursuant to the National Cooperative disclosing all changes in membership. were lodged on February 15th and 24th, Research and Production Act of On April 21, 1993, PowerOpen filed 1995 respectively with the United States 1933ÐLaser Power Corporation its original notification pursuant to District Court for the District of Section 6(a) of the Act. The Department Colorado. The proposed consent decrees Notice is hereby given that, on of Justice published a notice in the resolve claims in the complaint filed December 2, 1994, pursuant to Section Federal Register pursuant to Section against Michael L. Skorka and Rocky 6(a) of the National Cooperative 6(b) of the Act on June 22, 1993 (58 FR Ford Storage, Inc. involving alleged Research and Production Act of 1993, 33954). The last notification was filed violations of the National Emissions 15 U.S.C. 4301 et seq. (‘‘the Act’’), Laser with the Department of September 30, Standard for Hazardous Air Pollutants Power Corporation has filed written 1994. A notice for this filing has not yet regarding the removal of asbestos at the notifications simultaneously with the been published in the Federal Register. Rocky Ford Sugar Factory located in Attorney General and the Federal Trade Constance K. Robinson, Rocky Ford, Colorado from 1989 Commission disclosing (1) the identities Director of Operations, Antitrust Division. through 1991. The consent decrees of the parties and (2) the nature and [FR Doc. 95–6197 Filed 3–13–95; 8:45 am] provide for payment of civil penalties to objectives of the venture. The the United States for the violations notifications were filed for the purpose BILLING CODE 4410±01±M alleged in the complaint. After a of invoking the Act’s provisions limiting demonstration of a inability to pay a the recovery of antitrust plaintiffs to Notice Pursuant to the National higher penalty by both Mr. Skorka and actual damages under specified Cooperation Research and Production Rocky Ford Storage, Inc., Mr. Skorka circumstances. Pursuant to Section 6(b) Act of 1993Ðthe Durability Validation will pay a civil penalty in the amount of the Act, the identities of the parties of Composite NGV Fuel Cylinders of $5,000 and Rocky Ford Storage, Inc. are Laser Power Corporation, San Diego Program will pay a civil penalty in the amount CA, and Proxima Corporation, San of $22,000. Diego, CA. Notice is hereby given, that on The Department of Justice will The nature and objectives of this joint September 6, 1994, pursuant to Section receive, for a period of thirty (30) days venture is to conduct cooperative 6(a) of the National Cooperative from the date of this publication, research and development on the ‘‘High Research and Production Act of 1993, comments relating to the proposed Resolution Multimedia Laser Projection 15 U.S.C. 4301 et seq. (‘‘the Act’’), consent decrees. Comments should be Display’’ (HRMLPD) (ATP #94–01–0133) Southwest Research Institute (‘‘SwRI’’) addressed to the Assistant Attorney program awarded by the Department of has filed written notification 13734 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices simultaneously with the Attorney to jointly conduct a feasibility study of Drug Schedule General and the Federal Trade a specific process for producing low- Commission disclosing a change in carbon alloys (steel) from iron carbide 3,4-Methylenedioxymeth- I membership of the Durability Validation (the ‘‘Process’’). If the feasibility study is amphetamine (7405). of Composite NGV Fuel Cylinders successful, the venture will design, 4-Methoxyamphetamine (7411) ... I Program, and correcting an error in the construct and operate a plant to N-Ethyl-1-phenylcyclohexylamine I last notice published. The notification demonstrate the feasibility of the (7455). was filed for the purpose of extending Process (the ‘‘Demonstration Plant’’). Dihydromorphine (9145) ...... I the Act’s provisions limiting the The venture will involve the testing of Normorphine (9313) ...... I recovery of antitrust plaintiffs to actual steel produced at the plant; the Acetylmethadol (9601) ...... I damages under specified circumstances. collection, exchange and analysis of Alphacetylmethadol Except Levo- I Specifically, Southern California Gas research and production data and Alphacetylmethadol (9603). Company, Los Angeles, CA, has become information obtained from operating the Normethadone (9635) ...... I a party to the group research project. plant and concerning the Process, the 3-Methylfentanyl (9813) ...... I Further, in the title of the August 31, iron carbide processed and steel Amphetamine (1100) ...... II 1994 notice published at 59 FR 45013, produced at the plant; improvements Methamphetamine (1105) ...... II Methylphenidate (1724) ...... II the word ‘‘Valuation’’ should read and modifications to the Process; and Amobarbital (2125) ...... II ‘‘Validation’’. development of related processes for the Pentobarbital (2270) ...... II No other changes have been made in production of steel from iron carbide. Secobarbital (2315) ...... II either the membership or planned The venture will also prosecute patent 1-Phenylcyclohexylamine (7460) . II activity of the group research project. applications (domestic and foreign) Phencyclidine (7471) ...... II Membership in the project remains covering the Process, improvements and open, and SwRI intends to file Phenylacetone (8501) ...... II related processes, and will hold title to 1-Piperidinocyclohexanecar- II additional written notification such patents. The venture will license bonitrile (8603). disclosing all changes in membership. its patents and unpatented technology Codeine (9050) ...... II On July 12, 1994, SwRI filed its to third persons. Dihydrocodeine (9120) ...... II original notification pursuant to Section The parties have executed a Letter of Oxycodone (9143) ...... II 6(a) of the Act. The Department of Intent, dated as of October 5, 1994, Hydromorphone (9150) ...... II Justice published a notice in the Federal which contemplates that they will enter Benzoylecgonine (9180) ...... II Register pursuant to Section 6(b) of the into a written definitive agreement Ethylmorphine (9190) ...... II Act on August 31, 1994, 59 FR 45013. concerning the venture. No written Hydrocodone (9193) ...... II Constance K. Robinson, definitive agreement has yet been Isomethadone (9226) ...... II Director of Operations, Antitrust Division. executed. Meperidine (9230) ...... II [FR Doc. 95–6196 Filed 3–13–95; 8:45 am] Constance K. Robinson, Methadone (9250) ...... II BILLING CODE 4410±01±M Director of Operations, Antitrust Division. Methadone intermediate (9254) ... II [FR Doc. 95–6195 Filed 3–13–95; 8:45 am] Dextropropoxyphene, bulk (non- II BILLING CODE 4410±01±M dosage forms) (9273). Notice Pursuant to the National Morphine (9300) ...... II Cooperative Research and Production Levo-Alphacetylmethadol (9648) . II Act of 1993ÐProcesses for the Drug Enforcement Administration Oxymorphone (9652) ...... II Production of Steel From Iron Carbide Fentanyl (9801) ...... II and Related Technologies Manufacturer of Controlled Substances; Notice of Registration Notice is hereby given that, on Comments were filed by two January 5, 1995, pursuant to Section 6(a) By Notice dated November 21, 1994, registered manufacturers. The of the National Cooperative Research and published in the Federal Register comments were considered, however, and Production Act of 1993, 15 U.S.C. on November 29, 1994, (59 FR 61002), DEA determined that the application 4301 et seq. (‘‘the Act’’), the parties to Isotec, Inc., 3858 Benner Road, should be approved. Therefore, a cooperative research and production Miamisburg, Ohio 45342, made pursuant to Section 303 of the venture relating to processes for the application to the Drug Enforcement Comprehensive Drug Abuse Prevention production of steel from iron carbide Administration (DEA) to be registered as and Control Act of 1970 and Title 21, and related technologies has filed a a bulk manufacturer of the basic classes Code of Federal Regulations, Deputy notification simultaneously with the of controlled substances listed below: Assistant Administrator, Office of Attorney General and the Federal Trade Diversin Control, Deputy Assistant Commission disclosing (1) the identities Drug Schedule Administrator, Office of Diversion of the parties and (2) the nature and Control, hereby orders that the Cathinone (1235) ...... I objectives of the venture. The Methcathinone (1237) ...... I application submitted by the above firm notifications were filed for the purpose N-Ethylamphetamine (1475) ...... I for registration as a bulk manufacturer of invoking the Act’s provisions limiting N,N-Dimethylamphetamine (1480) I of the basic classes of controlled the recovery of antitrust plaintiffs to Aminorex (1585) ...... I substances listed above is approved and actual damages under specified Methaqualone (2565) ...... I registration is granted. circumstances. Pursuant to Section 6(b) Lysergic acid diethylamide (7315) I Dated: March 8, 1995. of the Act, the identities of the parties Tetrahydrocannabinols (7370) ..... I are: U.S. Steel Group, a unit of USX Mescaline (7381) ...... I Gene R. Haislip, 2,5-Dimethoxyamphetamine I Corporation, Pittsburgh, PA; Nucor Deputy Assistant Administrator, Office of (7396). Diversion Control, Drug Enforcement Corporation, Charlotte, NC; and Praxair, 3,4-Methylenedioxyamphetamine I Administration. Inc., Danbury, CT. None of the parties (7400). are controlled by any other person. The 3,4-Methylenedioxy-N- I [FR Doc. 95–6218 Filed 3–13–95; 8:45 am] nature and objectives of the venture are ethylamphetamine (7404). BILLING CODE 4410±09±M Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13735 Importer of Controlled Substances; Hearing Date: The hearing is Mallinckrodt has been a bulk Notice of Registration scheduled for May 2 through 5 1994, manufacturer of narcotics for more than commencing at 9:30 a.m. on May 2, ninety-five years; (3) Mallinckrodt has a By Notice dated January 17, 1995, and 1995, at the Drug Enforcement long history of successful controls published in the Federal Register on Administration Headquarters, 600 Army against diversion and is prepared to January 25, 1995, (60 FR 4925), Knight Navy Drive, Hearing Room, Room E– apply that experience to its Seed Company, Inc., 151 W. 126th 2103, Arlington, Virginia. Mallinckrodt production; (4) Street, Burnsville, Minnesota 55337, Notice of Appearance: Any person Mallinckrodt has proven its made application to the Drug entitled to participate in this hearing commitment to insuring that there is an Enforcement Administration (DEA) to pursuant to 21 CFR 1301.43(a), and adequate and uninterrupted supply of be registered as an importer of interested in doing so, may participate Marihuana (7360), a basic class of by filing a notice of intention to bulk narcotics; (5) Mallinckrodt has a controlled substance listed in Schedule participate in accordance with 21 CFR proven track record of promoting I. 1301.54, in duplicate, with the Hearing technical advances in the field of bulk No comments or objections have been Clerk, Office of the Administrative Law narcotics manufacture; and (6) received. Therefore, pursuant to Section Judge, Drug Enforcement Mallinckrodt has used its special status 1008(a) of the Controlled Substances Administration, Washington, D.C. as a registered manufacturer of narcotics Import and Export Act and in 20537, within 30 days of the date of to promote public health and safety. accordance with Title 21, Code of publication of this notice in the Federal Dated: March 8, 1995. Federal Regulations, Section 1311.42, Register. Each notice of appearance Stephen H. Greene, the above firm is granted registration as must be in the form prescribed in 21 an importer of the basic class of CFR 1316.48. The entities whose Deputy Administrator, Drug Enforcement controlled substance listed above. comment and/or objections are Administration. [FR Doc. 95–6159 Filed 3–13–95; 8:45 am] Dated: March 8, 1995. referenced below need not file a notice BILLING CODE 4410±09±M Gene R. Haislip, of intention to participate. For Further Information Contact: Ms. Deputy Assistant Administrator, Office of Helen Farmer, Hearing Clerk, Drug Diversion Control, Drug Enforcement Manufacturer of Controlled Administration. Enforcement Administration, Washington, D.C. 20537; Telephone Substances; Notice of Registration [FR Doc. 95–6219 Filed 3–13–95; 8:45 am] (202) 307–8188. BILLING CODE 4410±09±M By Notice dated January 17, 1995, and Summary of Comments and Objections published in the Federal Register on Drug Enforcement Adminstration Comments [Docket No. 94±52] January 25, 1995, (60 FR 4926), MD The Government does not know of Pharmaceutical, Inc., 3501 West Garry Mallinckrodt Chemical, Inc.; St. Louis, any reason to deny Mallinckrodt’s Avenue, Santa Ana, California 92704, Missouri; Notice of Administrative application. made application to the Drug Hearing, Summary of Comments and MD Pharmaceutical’s Comments and Enforcement Administration (DEA) to Objections; Notice of Hearing Objections be registered as a bulk manufacturer of This Notice of Administrative MD Pharmaceutical intends to show the basic classes of controlled Hearing, Summary of Comments and that the registration of Mallinckrodt to substances listed below: Objections, regarding the application of manufacture methylphenidate in its Drug Schedule Mallinckrodt Chemical, Inc. generic form is not consistent with the (Mallinckrodt) for registration as a bulk public interest as that term is used in 21 U.S.C. 823(a). MD Pharmaceutical seeks Methylphenidate (1724) ...... II manufacturer of methylphenidate, a to establish that Mallinckrodt does not Diphenoxylate (9170) ...... II Schedule II controlled substance, is satisfy the public interest standard by published pursuant to 21 CFR showing that: (1) Mallinckrodt does not No comments or objections have been 1301.43(a). Notice was published in the meet the Controlled Substances Act received. Therefore, pursuant to Section Federal Register on March 28, 1994,1 requirements for registration as a bulk and May 13, 1994,2 respectively, 303 of the Comprehensive Drug Abuse manufacturer of methylphenidate; and naming the applicant and stating that Prevention and Control Act of 1970 and (2) the Food and Drug Administration the applicant has applied to be Title 21, Code of Federal Regulations, has cited Mallinckrodt frequently in the registered as a bulk manufacturer of Section 1301.54(e), the Deputy Assistant twelve months preceding MD methylphenidate. Administrator, Office of Diversion Pharmaceutical’s hearing request for On June 14, 1994, MD Pharmaceutical Control, hereby orders that the serious violations directly related to the Inc. (MD Pharmaceutical) filed an application submitted by the above firm manufacture and distribution of objection and requested a hearing on the for registration as a bulk manufacturer adulterated drug products. application, in accordance with 21 CFR of the basic classes of controlled 1301.43(a). Notice is hereby given that Mallinckrodt’s Comments substances listed above is granted. a hearing with respect to the Mallinckrodt intends to establish that Dated: March 8, 1995. Mallinckrodt’s application to be it meets the requirements of 21 USC Gene R. Haislip, registered as a bulk manufacturer of 823(a) and, therefore, qualifies for methylphenidate will be conducted registration as a manufacturer of Deputy Assistant Administrator, Office of pursuant to the provisions of 5 U.S.C. methylphenidate. Mallinckrodt seeks to Diversion Control, Drug Enforcement 552 et seq. and 21 CFR 1301.43 et seq. demonstrate that it satisfies the Administration. and 1316.41 et seq. requirements of § 823(a) by showing [FR Doc. 95–6220 Filed 3–13–95; 8:45 am] that: (1) Mallinckrodt is registered as a BILLING CODE 4410±09±M 1 59 FR 14426. bulk manufacturer of numerous 2 59 FR 25126. Schedule II controlled substances; (2) 13736 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Importation of Controlled Substances; CFR 1311.42 (a), (b), (c), (d), (e), and (f) and procedures used by the Service for Notice of Application are satisfied. responding to such complaints. Dated: March 8, 1995. (February 11, 1994 at 59 FR 6658) Pursuant to Section 1008 of the In accordance with the Federal Controlled Substances Import and Gene R. Haislip, Deputy Assistant Administrator, Office of Advisory Committee Act, the Charter for Export Act (21 U.S.C. 958(i)), the the Citizens’ Advisory Panel (CAP) was Attorney General shall, prior to issuing Division Control, Drug Enforcement Administration. filed with Congress, and the Attorney a registration under this Section to a [FR Doc. 95–6221 Filed 3–13–95; 8:45 am] General has approved the following bulk manufacturer of a controlled members to serve on the Panel. substance in Schedule I or II and prior BILLING CODE 4410±09±M to issuing a regulation under Section CAP Members 1002(a) authorizing the importation of Immigration and Naturalization Service Private Citizen Members such a substance, provide manufacturers holding registrations for [INS No. 1714±95] Miguel A. Conchas, President and the bulk manufacture of the substance C.E.O., Laredo Chamber of Commerce, an opportunity for a hearing. Announcement of Membership of Laredo, TX; Edwin J. Delattre, Dean of Citizens' Advisory Panel and First Therefore, in accordance with Section the School of Education, Boston Meeting 1311.42 of Title 21, Code of Federal University, Boston, MA; Carol Rogoff Hallstrom, Regional Director, The Regulations (CFR), notice is hereby AGENCY: Immigration and Naturalization given that on February 2, 1995, Roche Service, Justice. National Conference, San Diego, CA; Bill Ong Hing, Associate Professor, Diagnostic System, Inc., 1080 U.S. ACTION: Notice of meeting. Highway 202, Somerville, New Jersey Stanford Law School, Stanford, CA; Jose 08876, made application to the Drug SUMMARY: The Immigration and G. Moreno, Executive Director, Diocesan Enforcement Administration to be Naturalization Service (Service) in Migrant and Refugee Services, El Paso, registered as an importer of accordance with the Federal Advisory TX; Elsie L. Scott, Deputy Tetrahydrocannabinols (7370) a basic Committee Act [5 U.S.C. App. 2] and 41 Commissioner of Training, New York class of controlled substance in CFR 101–6.1001–101–6.1035, has City Police Academy, New York, NY; Schedule I. established a Citizens’ Advisory Panel Anna Ochoa Thorne, Immigration The Tetrahydrocannabinols will be (CAP) to provide the Department of Attorney, Phoenix, AZ; and utilized exclusively for non-human Justice with recommendations on ways Edward J. Tully, Director of Research, consumption in drug of abuse detection to reduce the number of complaints of FBI National Executive Institute kits. abuse made against employees of the Associates, Fredericksburg, VA. Any manufacturer holding, or Service, and to minimize or eliminate (A ninth private citizen member will be applying for, registration as a bulk the causes for those complaints. This announced shortly). notice announces CAP membership, a manufacturer of this basic class of Government Members controlled substance may file written forthcoming meeting, and the agenda for comments on or objections to the the meeting. Doris Meissner, Commissioner, application described above and may, at DATES AND TIMES: April 12–13, 1995 at Immigration and Naturalization Service the same time, file a written request for 9:00 A.M. (Chairperson); a hearing on such application in ADDRESSES: Immigration and Yvonne Campos, Assistant to the accordance with 21 CFR 1301.54 in Naturalization Service, Chester Arthur Attorney General, Office of the Attorney such form as prescribed by 21 CFR Building, 425 I Street, NW., 6th Floor General, Department of Justice; 1316.47. Conference Room, Washington, DC Kenneth Leutbecker, Associate Any such comments, objections, or 20536. Director, Immigration and Refugee requests for a hearing may be addressed FOR FURTHER INFORMATION CONTACT: Affairs, Community Relations Service, to the Deputy Assistant Administrator, Kathy Morland, CAP Facilitator, Department of Justice; Office of Diversion Control, Drug Immigration and Naturalization Service, Michael S. Williams, Director, Central Enforcement Administration, United Room 6042, Chester Arthur Building, Region, Immigration and Naturalization States Department of Justice, 425 I Street, NW., Washington, DC Service; Washington, D.C. 20537, Attention: DEA 20536, Telephone (202) 616–7766. John Chase, Director, Office of Federal Register Representative (CCR), SUPPLEMENTARY INFORMATION: Pursuant Internal Audit, Immigration and and must be filed no later than April 13, to the charging language of the Senate Naturalization Service (non-voting); and 1995. Appropriations Committee Report 102– Armando Ortiz Rocha, Consul This procedure is to be conducted 331 on the FY 1993 Budget for the General, Consulate of the Government of simultaneously with and independent Immigration and Naturalization Service, Mexico (non-voting). of the procedures described in 21 CFR Department of Justice, the Service Summary of Agenda 1311.42 (b), (c), (d), (e), and (f). As noted established a Citizens’ Advisory Panel in a previous notice at 40 FR 43745–46 for the purpose of providing As this is the first meeting of the CAP, (September 23, 1975), all applicants for recommendations to the Attorney the principal purposes of the meeting registration to import a basic class of General on ways to reduce the number will be to introduce the members to any controlled substance in Schedule I of complaints of abuse made against each other and to discuss future or II are and will continue to be required employees of the Service and, most activities of the CAP. There will also be to demonstrate to the Deputy Assistant importantly, to minimize or eliminate an overview of the Service as well as a Administrator, Office of Diversion the causes for those complaints. The general discussion of the current Control, Drug Enforcement CAP is authorized by the Attorney complaint review process. The CAP will Administration that the requirements General to (1) accept and review civilian be chaired by Doris Meissner, for such registration pursuant to 21 complaints made against Service Commissioner of the Immigration and U.S.C. 958(a), 21 U.S.C. 823(a), and 21 employees, and (2) review the systems Naturalization Service. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13737 Public Participation ADDRESSES: National Aeronautics and 1. Questions or statements will be The CAP meeting is open to the Space Administration, Code GP, entertained on a first-come, first-served interested public, but limited to the Washington, DC 20546. basis. space available. Persons wishing to FOR FURTHER INFORMATION CONTACT: Mr. 2. Seating will be on a first-come, attend should notify the CAP Facilitator Harry Lupuloff, NASA, Director of first-served basis. at least two days before the meeting. Patent Licensing, (202) 358–2041. Dated at Rockville, Maryland this 6th day Any member of the public may file a Dated: March 6, 1995. of March, 1995. written statement with the CAP Edward A. Frankle, For the U.S. Nuclear Regulatory Facilitator before the meeting. Minutes General Counsel. Commission. of the meeting will be available on [FR Doc. 95–6233 Filed 3–13–95; 8:45 am] Richard L. Bangart, request. BILLING CODE 7510±01±M Director, Office of State Programs. Dated: March 8, 1995. [FR Doc. 95–6208 Filed 3–13–95; 8:45 am] Doris Meissner, BILLING CODE 7590±01±M Commissioner, Immigration and NUCLEAR REGULATORY Naturalization Service. COMMISSION [Docket No. 50±213] [FR Doc. 95–6213 Filed 3–13–95; 8:45 am] BILLING CODE 4410±10±M Organization of Agreement State Connecticut Yankee Atomic Power Managers' Meeting Co.; Notice of Issuance of Amendment AGENCY: U.S. Nuclear Regulatory to Facility Operating License NATIONAL AERONAUTICS AND Commission. SPACE ADMINISTRATION The U.S. Nuclear Regulatory ACTION: Notice of meeting. Commission (Commission) has issued [Notice (95±023)] Amendment No. 184 to Facility SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff plans to hold a Operating License No. DPR–61 issued to Intent To Grant an Exclusive Patent the Connecticut Yankee Atomic Power License public meeting for managers of the Organization of Agreement States. Company (the licensee), which revised AGENCY: National Aeronautics and Agreement States are States which have the Technical specifications for Space Administration. assumed regulatory authority over operation of the Haddam Neck Plant ACTION: Notice of intent to grant a patent certain radioactive materials. The located in Middlesex County, license. purpose of the meeting is to discuss Connecticut. The amendment is Agreement State Program issues with effective as of the date of issuance to be SUMMARY: NASA hereby gives notice of Agreement State managers and other implemented within 30 days of its intent to negotiate with KVH interested parties. Topics for discussion issuance. Industries, Inc., of Middletown, Rhode The amendment revises Technical will include, among others: Status of Island, an exclusive, royalty-bearing Specification (TS) 3/4.4.10, ‘‘Structural NRC Agreement States Program revocable license to practice the Integrity,’’ surveillance requirement Improvements; Open Discussion of invention described in U.S. Patent 4.4.10. In particular, the change will add Agreement State Issues; Integrated Application Serial Number 07/999/794, a footnote to the TS for an extension for Materials Performance Evaluation filed November 30, 1992, entitled one cycle of the ultrasonic volumetric Program; Event Reporting and Data ‘‘Satellite-Tracking Millimeter Wave inspection for the areas of higher stress Gathering; NRC Materials Licensing Reflector Antenna System for Mobile concentration for RCPs 1 and 2. Business Process Redesign Project; and Satellite Tracking,’’ which will issue on The application for the amendment Licensee Wrongdoing Awareness March 14, 1995, to the United States of complies with the standards and Workshop. America as represented by the requirements of the Atomic Energy Act Administrator of the National DATES: The meeting will be held on of 1954, as amended (the Act), and the Aeronautics and Space Administration. April 5–6, 1995 from 8:30 a.m. to 5:00 Commission’s rules and regulations. The proposed license agreement will p.m. each day. The Commission has made appropriate contain appropriate terms, limitations, ADDRESSES: The meeting will be held at findings as required by the Act and the and conditions to be negotiated in NRC’s Two White Flint North Commission’s rules and regulations in accordance with the regulations Auditorium, located at 11545 Rockville 10 CFR Chapter I, which are set forth in governing the licensing of government- Pike, Rockville, Maryland. the license amendment. owned inventions as described in 37 FOR FURTHER INFORMATION CONTACT: Notice of Consideration of Issuance of CFR part 404. NASA will negotiate the Rosetta Virgilio, Office of State Amendment and Opportunity for final terms and conditions and grant the Programs, Mail Stop OWFN–3–D–23, Hearing in connection with this action exclusive license, unless within 60 days U.S. Nuclear Regulatory Commission, was published in the Federal Register of the date of this Notice, the NASA Washington, D.C. 20555, Telephone on February 8, 1994 (59 FR 5787). No Director of Patent Licensing receives 301/415–2307. request for a hearing or petition for written objections to the grant of an CONDUCT OF THE MEETING: The meeting leave to intervene was filed following exclusive license, together with any will be conducted in a manner that will the notice. supporting documentation. The NASA expedite the orderly conduct of The Commission has prepared an Director of Patent Licensing will review business. A transcript of the meeting Environmental Assessment related to all written responses to the notice and will be available for inspection, and the action and has determined not to then recommend to the Associate copying for a fee, at the NRC Public prepare an environmental impact General Counsel (Intellectual Property) Document Room, 2120 L Street N.W. statement. Based upon the whether or not to grant the exclusive (Lower Level), Washington, D.C. 20555 environmental assessment, the license. on or about June 5, 1995. Commission has concluded that the DATES: Comments to the notice must be The following procedures apply to issuance of the amendment will not received by May 15, 1995. public attendance at the meeting: have a significant effect on the quality 13738 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices of the human environment (60 FR approximately equal intervals during [pressurized water reactor]. Catawba is a 11124). each 10-year service period of the 3411 Mwt PWR. Other factors which lead to For further details with respect to the primary containment. The requested the conclusion that the proposed change will action see (1) the application for exemption would permit a one-time not pose an undue risk include the fact that amendment dated December 22, 1993, local leak rate testing, which identifies 97% interval extension of the third Type A of leakage in excess of prescribed limits, will (2) Amendment No. 184 to License No. test by approximately 16 months (from remain in place at its current test frequency; DPR–61, (3) the Commission’s related the 1995 refueling outage, which began the detailed, proceduralize containment civil Safety Evaluation, and (4) the on February 11, 1995, to the end-of- inspection which is normally performed in Commission’s Environmental cycle 9 (EOC–9) refueling outage, conjunction with an ILRT will be performed Assessment. All of these items are currently scheduled for June 1996) and in place of the scheduled ILRT, to identify available for public inspection at the would permit the third Type A test of potential structural deteriorations; and the Commission’s Public Document Room, the second 10-year inservice inspection historical leak-tightness of the containment the Gelman Building, 2120 L Street, structure, as evidenced by two successive period to not correspond with the end ILRTs in which the as-found leakage did not NW., Washington, DC, and at the local of the current inservice inspection exceed 22.5% of the allowable leakage rate. public document room located at the interval. A comparison was made between the risk Russell Library, 123 Broad Street, The licensee’s request concluded that analysis presented in draft NUREG–1493 and Middletown, CT 06457. the proposed change, a one-time a probabilistic risk assessment performed for Catawba Nuclear Station. While the Dated at Rockville, Maryland, this 6th day extension of the interval between the quantitative results of the NUREG are not of March 1995. second and third ILRTs at Catawba Unit directly applicable to plants not used in the For the Nuclear Regulatory Commission. 1, is justified for the following reasons: The previous testing history at study, similar conclusions can be made Alan B. Wang, concerning Catawba. NUREG–1493 indicates Catawba Unit 1 provides substantial Project Manager, Project Directorate I–4, that reactor accident risks are dominated by Division of Reactor Projects—I/II, Office of justification for the proposed test accident sequences that result in failure or Nuclear Reactor Regulation. interval extension. In each of the two bypass of the containment. This conclusion [FR Doc. 95–6209 Filed 3–13–95; 8:45 am] previous periodic ILRTs at Catawba is also valid for Catawba. Considering only Unit 1, the as-found leakage was less the Catawba accident sequences that do not BILLING CODE 7590±01±M than or equal to 22.5% of the allowable result in containment failure, containment leakage, thereby demonstrating that leakage contributes approximately 0.08 to [Docket No. 50±413] Catawba Unit 1 is a low-leakage 0.09 percent to off-site risk (whole-body containment. There are no mechanisms person-rem, thyroid nodules, and latent fatalities). NUREG–1493 indicated that Duke Power Company, et al. (Catawba which would adversely affect the Nuclear Station, Unit No. 1); Exemption containment leakage contributed from 0.02 to structural integrity of the containment, 0.10 percent to latent cancer risk. The I or that would be a factor in extending comparison between the analysis of NUREG– the test interval by 20 months. However, 1493 and the Catawba PRA concludes that The Duke Power Company, et al. (DPC as a preventative maintenance measure, increases in containment leakage at Catawba or the licensee) is the holder of Facility a containment civil inspection, are expected to produce increases in accident Operating License No. NPF–35, which currently required by Appendix J prior risk similar to the results in NUREG–1493. authorizes operation of the Catawba to a Type A test, will be performed Special circumstances, as defined in 10 Nuclear Station, Unit No. 1 (the facility), during EOC–8 to verify that no CFR [50].12(a)(2)(ii), are present in that the requirement to perform the third ILRT during at a steady-state reactor power level not structural degradation exists. Any in excess of 3411 megawatts thermal. the ISI outage is not necessary to achieve the additional risk created by the longer underlying purpose of the rule. The purposes The facility is a pressurized water interval between ILRTs is considered to reactor located at the licensee’s site in of the rule, as stated in Section I of Appendix be negligible, primarily because Type B J, are to ensure that: (a) Leakage through the York County, South Carolina. The and C testing will continue unchanged. primary reactor containment and systems license provides, among other things, Additionally, the licensee stated that and components penetrating containment that the Catawba Nuclear Station is its exemption request meets the shall not exceed allowable values, and (b) subject to all rules, regulations, and requirements of 10 CFR 50.12, periodic surveillance of reactor containment Orders of the U.S. Nuclear Regulatory paragraphs (a)(1) and (a)(2)(ii), for the penetrations and isolation valves is performed so that proper maintenance and Commission (the Commission or NRC) following reasons: now or hereafter in effect. repairs are made. One of the significant In order to justify the granting of an factors in assuring that the proposed II exemption to the requirements of 10 CFR Part exemption will not pose an undue risk to the Section III.D.1.(a) of Appendix J to 10 50, paragraph 50.12(a)(1) requires that the public, as noted above, is the local leak rate licensee show that the proposed exemption testing (LLRT) which is performed. That the CFR Part 50 requires the performance of will not pose an undue risk to the public. LLRT program at Catawba provides an three Type A containment integrated That this proposed change will not pose an effective mechanism for maintaining leakage rate tests (ILRTs) at undue risk is demonstrated by the analysis containment integrity is perhaps best approximately equal intervals during presented in draft NUREG–1493, which demonstrated by the fact that the most recent each 10-year service period of the concludes that an increase in the test interval ILRT at Catawba Unit 1 was performed at the primary containment. The third test of to once every 20 years would ‘‘lead to an front end of the refueling outage; before any each set shall be conducted when the imperceptible increase in risk.’’ The analyses repairs or adjustments were made to valves plant is shut down for a 10-year in draft NUREG–1493 are considered to be or penetrations. Nevertheless, the as-found inservice inspection of the primary specifically applicable to Catawba because: leakage did not exceed 22.5% of the (1) The requested exemption would result in allowable leakage rate. The fact that no containment. a one-time increase in the test interval to 5 leakage paths were identified by an ILRT, III years, not 20; (2) the population density and that the ILRT met the acceptance criteria around Catawba is less than that used in the with significant margin confirms the results By letters dated October 18, 1994, and study (329 people per square mile, vs. 340 of the Type B and C testing. February 7, 1995, the licensee requested used in the study; (3) no ILRT at Catawba has The frequency and scope of the Type B and temporary relief from the requirement to jailed; (4) the core inventory used in the C LLRT program are not being changed by perform a set of three Type A tests at study was represented by a 3412 Mwt PWR this exemption request. The LLRT program Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13739 will continue to effectively detect confidence in the continued integrity of This exemption is effective upon containment leakage resulting from the the containment boundary. issuance and shall expire at the degradation of active containment isolation The NRC staff has also made use of a completion of the 1996 refueling outage. components, as well as containment draft staff report, NUREG–1493, which Dated at Rockville, Maryland, this 7th day penetrations. Administrative limits have provides the technical justification for been established for each Type B or C of March 1995. component at a fraction of the allowable leak the present Appendix J rulemaking For the Nuclear Regulatory Commission. effort which also includes a 10-year test rate, such that any leakage detected in excess John A. Zwolinski, of the administrative limit will indicate a interval for Type A tests. The integrated Acting Director, Division of Reactor Projects potential valve or penetration degradation. In leakage rate test, or Type A test, — I/II, Office of Nuclear Reactor Regulation. instances in which a component’s leakage measures overall containment leakage. exceeds its administrative limit, However, operating experience with all [FR Doc. 95–6205 Filed 3–13–95; 8:45 am] proceduralized controls in the test program types of containments used in this BILLING CODE 7590±01±M require that a work order be written to repair country demonstrates that essentially all the component. containment leakage can be detected by Forrest L. Roudebush, Kansas City, IV local leakage rate tests (Type B and C). According to results given in NUREG– Missouri; Order Prohibiting Section III.D.1.(a) of Appendix J to 10 1493, out of 180 ILRT reports covering Involvement in NRC-Licensed CFR Part 50 states that a set of three 110 individual reactors and Activities and Requiring Certain Type A leakage rate tests shall be approximately 770 years of operating Notification to NRC performed at approximately equal history, only 5 ILRT failures were found I intervals during each 10-year service which local leakage rate testing could period. not detect. This is 3% of all failures Mr. Forrest L. Roudebush has been, The licensee proposes an exemption This study agrees with previous NRC from its inception, the owner and to this section which would provide a staff studies which show that Type B president of Piping Specialists one-time interval extension for the Type and C testing can detect a very large Incorporated (PSI or Licensee), also A test by approximately 16 months. The percentage of containment leaks. the known as PSI Inspection, which was the Commission has determined that, Catawba Unit 1 experience has also holder of Byproduct Material License pursuant to 10 CFR 50.12(a)(1), this been consistent with this. No. 24–24826–01 issued by the U.S. exemption is authorized by law, will not The Nuclear Management and Nuclear Regulatory Commission (NRC present an undue risk to the public Resources Council (NUMARC), now the or Commission) pursuant to 10 CFR health and safety, and is consistent with Nuclear Energy Institute (NEI), collected Parts 30 and 34 on March 6, 1987. The the common defense and security. The and provided the NRC staff with license authorized the use of byproduct Commission further determined, for the summaries of data to assist in the material (iridium-192 and cobalt-60) for reasons discussed below, that special Appendix J rulemaking effort. NUMARC industrial radiography in devices circumstances, as provided in 10 CFR collected results of 144 ILRTs from 33 approved by the NRC or an Agreement 50.12(a)(2)(ii), are present justifying the units; 23 ILRTs exceeded 1.0La. Of State. The facility where licensed exemption; namely, that application of these, only nine were not due to Type materials were authorized for storage the regulation in the particular B or C leakage penalties. The NEI data was located at 1010 East 10th Street, circumstances is not necessary to also added another perspective. The NEI Kansas City, Missouri. The use of achieve the underlying purpose of the data show that in about one-third of the licensed materials was authorized at rule. The underlying purpose of the cases exceeding allowable leakage, the temporary job sites anywhere in the requirement to perform Type A as-found leakage was less than 2La; in United States that the NRC maintains containment leak rate tests at intervals one case the leakage was found to be jurisdiction for regulating the use of during the 10-year service period, is to approximately 2La; in one case the as- licensed materials. On October 17, 1991, ensure that any potential leakage found leakage was less than 3La; one the NRC staff issued an Order pathways through the containment case approached 10La; and in one case Suspending License (Effective boundary are identified within a time the leakage was found to be Immediately) to PSI. On April 22, 1992, span that prevents significant approximately 21La. For about half of the NRC staff issued to PSI an Order degradation from continuing or the failed ILRTs, the as-found leakage Modifying Order Suspending License becoming unknown. The NRC staff has was not quantified. These data show (Effective Immediately) and Order reviewed the basis and supporting that, for those ILRTs for which the Revoking License. The revocation of the information provided by the licensee in leakage was quantified, the leakage license was upheld by a decision of the the exemption request. The NRC staff values are small in comparison to the NRC Atomic Safety and Licensing Board has noted that the licensee has a good leakage value at which the risk to the (ASLB), Piping Specialists, Inc. and record of ensuring a leak tight public starts to increase over the value Forrest L. Roudebush, LBP 92–25, 36 containment. All Type A tests have of risk corresponding to La NRC 156 (1992), which the Commission passed with significant margin and the (approximately 200La, as discussed in declined to review, CLI–92–16, 36 NRC licensee has noted that the results of the NUREG–1493). 351 (1992). Type A testing have been confirmatory Based on generic and plant-specific of the Type B and C tests which will data, the NRC staff finds the licensee’s II continue to be performed. The licenses proposed one-time exemption to permit NRC Region III initiated an inspection has stated that it will continue to a schedular extension of one cycle for of the Licensee on September 4, 1991, perform the general containment civil the performance of the Appendix Type and on September 24, 1991, the NRC inspection although it is only required A test to be acceptable. Office of Investigations (OI) commenced by Appendix J (Section V.A.) to be Pursuant to 10 CFR 51.32, the an investigation based on information performed in conjunction with Type A Commission has determined that received on August 29, 1991, that the tests. The NRC staff considers that these granting this exemption will not have a PSI radiation safety program was not inspections, though limited in scope, significant impact on the human being conducted in compliance with provide an important added level of environment (60 CFR 11125). NRC rules, regulations, and license 13740 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices conditions. The inspection and exposed and retracted the source during III investigation focused on the Licensee’s radiographic operations. Mr. Roudebush Based on the above, the NRC compliance with NRC regulations, was not qualified as a radiographer or concludes that Forrest L. Roudebush, including possible willful violations assistant radiographer. the owner and president of PSI, engaged involving: (1) False statements to NRC The investigation found other in deliberate misconduct that caused the inspectors and investigators; (2) use of deliberate violations of NRC Licensee to be in violation of 10 CFR unauthorized and/or unqualified requirements, as well as a number of 30.9, 30.10, and 34.33. Mr. Roudebush radiographer’s assistants while violations that in the aggregate deliberately provided information to conducting radiography; (3) preparation represented a breakdown in the NRC inspectors and investigators that he of false, inaccurate, and incomplete management of the PSI radiation safety knew to be incomplete or inaccurate in records; (4) failure to provide or use program. Those violations are discussed some material respect to the NRC, and personnel dosimetry devices while in the October 17, 1991 Order Mr. Roudebush was deliberately conducting radiography; and (5) failure Suspending License (Effective untruthful during portions of his to survey and post radiation area Immediately), EA 91–136; and the April testimony to the ASLB, in violation of boundaries to provide notice of 22, 1992 Order Modifying Order 10 CFR 30.9 and 30.10. Further, Mr. radiation hazards to the public while Suspending License (Effective Roudebush deliberately failed to performing radiography. provide dosimetry devices to his The OI investigation was completed Immediately) and Order Revoking employees, in violation of 10 CFR 34.33 on February 21, 1992, and identified the License, EA 92–054. Those orders and 30.10. The NRC must be able to rely following deliberate violations of NRC discuss why the staff does not have on its licensees, including their officers requirements attributable to Mr. reasonable assurance that the licensee or Roudebush: Mr. Roudebush would comply with and employees, to comply with NRC A. In violation of 10 CFR 30.9, the PSI NRC requirements in the future. requirements, including the requirement Radiation Safety Officer (RSO), with the The ASLB conducted a hearing from to provide information and to maintain prior knowledge of Mr. Roudebush, April 28 to May 1, 1992 on the October records that are complete and accurate deliberately provided incomplete and 17, 1991 Order Suspending License in all respects material to the NRC. The inaccurate information to NRC (Effective Immediately) and the April deliberate actions of Forrest L. inspectors during inspections 22, 1992 Order Modifying Order Roudebush in causing the Licensee to conducted on March 21 and September Suspending License (Effective violate 10 CFR 30.9, 30.10, and 34.33, 17–18, 1991. Specifically, the RSO Immediately) and Order Revoking and his misrepresentations to the NRC presented to the inspectors the License. have raised serious doubt as to whether he can be relied on to comply with NRC Licensee’s utilization log, records of The ASLB, in its Final Initial Decision pocket dosimeter readings, and records requirements and to provide complete (Revoking License), LBP–92–25, 36 NRC and accurate information to the NRC. of surveys of radiographic exposure 156 (1992), stated: devices performed at the time of the Consequently, I lack the requisite storage of the device at the end of the We conclude that there have been reasonable assurance that Forrest L. work day. Those records were neither extensive failures on the part of PSI and Mr. Roudebush will conduct licensed complete nor accurate because: (1) The Roudebush to comply with NRC regulations. activities in compliance with the records did not document the Licensee’s The Board finds that the Licensee has failed Commission’s requirements or that the uses of the radiographic exposure to act as a reasonable manager of licensed health and safety of the public will be devices which occurred during periods activities; failed to detect and correct protected if Forrest L. Roudebush were violations caused by an employee; willfully when the Licensee’s personnel permitted at this time to be involved in attempted to conceal violations from NRC NRC-licensed activities. Therefore, the dosimetry service was interrupted due Staff, and given untruthful information to the to the nonpayment of service fees; and public health, safety and interest require Staff during its inspections and that, for a period of five years from (2) the information in the records had investigations. Moreover, we find that Mr. October 17, 1991, the date that the PSI not been recorded daily as required, but Roudebush was untruthful in some aspects of instead, had been fabricated en masse his testimony both during a formal license was suspended by Immediately shortly before the inspections. Further, investigation and this Licensing Board. Id., at Effective Order, Forrest L. Roudebush be the RSO and Mr. Roudebush knew that 186. prohibited from any involvement in the records were inaccurate and that the NRC-licensed activities for either: (1) An records had been fabricated by the RSO Pursuant to a plea agreement, on NRC licensee, or (2) an Agreement State immediately before the inspections. August 18, 1994, Mr. Roudebush pled licensee performing licensed activities B. In violation of 10 CFR 30.9, during guilty in the U.S. District Court for the in areas of NRC jurisdiction in an interview with OI on October 16, Western District of Missouri to one accordance with 10 CFR 150.20. In 1991, Mr. Roudebush, under oath, after criminal count of violating Title 42, addition, for a period of five years defining a radiographer’s assistant as United States Code, Sections 2273 and commencing after completion of the five one who ‘‘* * * handles and operates 2201 (b) and (i) (§§ 161b, 161i, and 223 year period of prohibition, Mr. the enclosure, handle [sic] and operates of the Atomic Energy Act). Specifically, Roudebush must notify the NRC of his the device, handles and operates the the agreement describes the nature of employment or involvement in NRC- survey meter, takes charge of that the offense as the failure to provide licensed activities to ensure that the dosimeter’’, denied to an OI investigator dosimetry devices to employees. As a NRC can monitor the status of Mr. that he had performed work as a result, on December 12, 1994, an Roudebush’s compliance with the radiographer’s assistant. This statement amended judgment was filed whereby Commission’s requirements and his was deliberately false because during Mr. Roudebush was sentenced to two understanding of his commitment to the NRC inspection conducted on years probation. The terms of the compliance. If Mr. Roudebush is September 17–18, 1991, Mr. Roudebush probation, in part, provide that Mr. currently involved with another acknowledged that he had attached the Roudebush shall not apply for or obtain licensee in NRC-licensed activities, Mr. control cable and guide tube to a a license for radiography during the Roudebush must immediately cease radiographic exposure device and had probation period. such activities, and inform the NRC of Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13741 the name, address and telephone to this Order, the answer shall, in Review Board will hold its spring number of the employer, and provide a writing and under oath or affirmation, meeting on April 19–20, 1995, in Las copy of this order to the employer. specifically admit or deny each Vegas, Nevada. The meeting will be allegation or charge made in this Order held at the Holiday Inn Crowne Plaza, IV and shall set forth the matters of fact 4255 S. Paradise Road, Las Vegas, Accordingly, pursuant to sections 81, and law on which Mr. Roudebush or Nevada 89109; Tel. (702) 369–4400; Fax 161b, 161i, 182 and 186 of the Atomic other person adversely affected relies (702) 369–3770. The meeting is open to Energy Act of 1954, as amended, and and the reasons as to why the Order the public and will begin at 8:30 a.m. the Commission’s regulations in 10 CFR should not have been issued. Any both days. Presentations during the 2.202, 10 CFR 30.10, and 10 CFR 150.20, answer or request for a hearing shall be meeting will address three main topics: it is hereby ordered that: submitted to the Secretary, U.S. Nuclear The Department of Energy’s (DOE) 1. Forrest L. Roudebush is prohibited Regulatory Commission, Attn: Chief, emerging waste isolation strategy; the until October 17, 1996 from engaging in Docketing and Service Section, DOE’s thermal management strategy, any NRC-licensed activities. NRC- Washington, DC 20555. Copies also including thermal testing planned or licensed activities are those activities shall be sent to the Director, Office of being conducted for the Yucca that are conducted pursuant to a Enforcement, U.S. Nuclear Regulatory Mountain project; and engineered specific or general license issued by the Commission, Washington, DC 20555, to barrier system research, development, NRC, including, but not limited to, the Assistant General Counsel for design, and analysis. Additional those activities of Agreement State Hearings and Enforcement at the same presentations also will provide updates licensees conducted pursuant to the address, and to the Regional on the DOE’s perspectives concerning authority granted by 10 CFR 150.20. Administrator, NRC Region III, 801 current legislative issues (fiscal year 2. For a period of five years, beginning Warrenville Road, Lisle, Illinois 60532– 1996 budget and initiatives to amend or October 17, 1996, after the five-year 4531 if the answer or hearing request is replace the Nuclear Waste Policy Act). period of prohibition has expired, by a person other than Mr. Roudebush. Topics that will be covered on Forrest L. Roudebush shall, within 20 If a person other then Mr. Roudebush Wednesday, April 19, include the days of his acceptance of each requests a hearing, that person shall set current status of the DOE’s waste employment offer involving NRC- forth with particularity the manner in management program and its evolving licensed activities or his becoming which his or her interest is adversely waste isolation strategy, the linkage involved in NRC-licensed activities, as affected by this Order and shall address between the waste isolation strategy and defined in Paragraph IV.1 above, the criteria set forth in 10 CFR 2.714(d). site suitability, the fiscal year 1996 DOE provide notice to the Director, Office of If a hearing is requested by Mr. budget, and thermal management Enforcement, U.S. Nuclear Regulatory Roudebush or a person whose interest is strategy. An afternoon panel discussion Commission, Washington, D.C. 20555, adversely affected, the Commission will will explore the integration of these of the name, address, and telephone issue an Order designating the time and topics. Prior to recessing for the day, number of the employer or the entity place of any hearing. If a hearing is held, those attending the meeting will be where he is, or will be, involved in the the issue to be considered at such invited to direct questions or comments NRC-licensed activities. In the first such hearing shall be whether, on the basis of to the Board and the discussion panel notification, Forrest L. Roudebush shall the matters described in: (1) this Order; members. include a statement of his commitment (2) EA 91–136; (3) EA 92–054; and (4) On Thursday, April 20, the meeting to compliance with regulatory LBP–92–25, 36 NRC 156 (1992), this will focus on the engineered barrier requirements and the basis why the Order should be sustained. system and include repository Commission should have confidence In the absence of any request for subsurface operations concepts, that he will now comply with hearing, the provisions specified in multipurpose container (MPC) interface applicable NRC requirements. Section IV above shall be final 20 days with a potential repository, waste 3. If Forrest L. Roudebush is currently from the date of this Order without package design, engineered barrier involved with any NRC licensee or further order or proceedings. system performance assessment, Agreement State licensee engaging in Dated at Rockville, Maryland this 3rd day corrosion research, in-repository NRC-licensed activities, then Forrest L. of March 1995. criticality, potential use of backfill, and Roudebush must, as of the effective date From the Nuclear Regulatory Commission. in-repository shielding. Following a of this Order, cease such activities and Hugh L. Thompson, Jr., time for public questions and comments, a panel discussion will inform the NRC of the name, address Deputy Executive Director for Nuclear and telephone number of the licensee, Materials Safety, Safeguards and Operations address the compatibility of waste and provide a copy of this Order to the Support. package and engineered barrier designs licensee. [FR Doc. 95–6206 Filed 3–13–95; 8:45 am] with the DOE’s concept of repository The Director, Office of Enforcement, operations and thermal management BILLING CODE 7590±01±M may, in writing, relax or rescind any of strategies. A final period for public the above conditions upon comment will end the meeting’s demonstration by Mr. Roudebush of activities. NUCLEAR WASTE TECHNICAL good cause. The Nuclear Waste Technical Review REVIEW BOARD Board was created by Congress in the V Board Meeting: Waste Isolation Nuclear Waste Policy Amendments Act In accordance with 10 CFR 2.202, Strategy, Thermal Management of 1987 to evaluate the technical and Forrest L. Roudebush must, and any Strategy, The Engineered Barrier scientific validity of activities other person adversely affected by this System undertaken by the DOE in its program Order may, submit an answer to this to manage the disposal of the nation’s Order, and may request a hearing on Pursuant to its authority under spent nuclear fuel and defense high- this Order, within 20 days of the date of section 5051 of Public Law 100–203, the level waste. In that same legislation, this Order. The answer may consent to Nuclear Waste Policy Amendments Act Congress directed the DOE to this Order. Unless the answer consents of 1987, the Nuclear Waste Technical characterize a site at Yucca Mountain, 13742 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Nevada, for its suitability as a potential on the Exchange under Rule 560 or Rule as directed by the Exchange [in equal location for a permanent repository for 570;] quarterly installments,] shall be charged the disposal of that waste. [ix] viii the specialist or specialist unit for each Transcripts of the meeting will be [x] ix clerk. No rebate shall be given with available on computer disk or on a [xi] x respect to the [quarterly] fee in the event library-loan basis in paper format from Precedence Accorded to Orders that a specialist or specialist unit Victoria Reich, Board librarian, Entrusted to Specialists discontinues the services of such a clerk beginning June 2, 1995. For further during any [quarterly] period. Rule 155. information, contact Frank Randall, Normal Buy-Ins External Affairs, 1100 Wilson Commentary .01 [When a broker Boulevard, Suite 910, Arlington, inquiries of a specialist as to the price Rule 783. Virginia 22209; Tel: 703–235–4473; Fax at which a block of stock may be sold, (d) The Buy-in Desk will deliver a 703–235–4495. the specialist may not specify the copy of the Floor report to the booth of amount that would be purchased by the the member or member organization Dated: March 9, 1995. book and the amount he would take as which initiated the order. The executing William Barnard, dealer.] broker will have the responsibility of Executive Director, Nuclear Waste Technical If [the] a block is to be sold at a ‘‘clean notifying promptly as to the details of Review Board. up’’ price the specialist should execute the execution, the member or member [FR Doc. 95–6234 Filed 3–13–95; 8:45 am] at the ‘‘clean-up’’ price all of the organization listed on the order as being BILLING CODE 6820±AM±M executable buy orders on his book. The in default. [The member executing the report of the block transaction on the order shall be entitled to receive a Floor tape is to be accompanied by a reprint brokerage commission.] SECURITIES AND EXCHANGE of the last prior transaction in the II. Self-Regulatory Organization’s COMMISSION regular-way market in the security. Statement of the Purpose of, and However, if the block is sold at [Release No. 34±35451; File No. SR±Amex± Statutory Basis for, the Proposed Rule different price limits and the specialist 95±10] Change buys part of the block for his own Self-Regulatory Organizations; Notice account he should to the extent In its filing with the Commission, the of Filing of Proposed Rule Change by practicable, buy round lots for his own self-regulatory organization included the American Stock Exchange, Inc. account at each price limit at which buy statements concerning the purpose of Relating to Amendments Updating orders on the book are executed, and in and basis for the proposed rule change Various Exchange Rules doing so, he should divide the stock and discussed any comments it received purchased for his own account into on the proposed rule change. The text March 7, 1995. round lots of approximately equal size of these statements may be examined at Pursuant to Section 19(b)(1) of the among the price limits at which he the places specified in Item IV below. Securities Exchange Act of 1934 participates. The self-regulatory organization has (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is The same principles apply in the case prepared summaries, set forth in hereby given that on February 22, 1995, of a purchase of a block of stock. Sections A, B, and C below, of the most the American Stock Exchange, Inc. significant aspects of such statements. Cancellations Must Be Written (‘‘Amex’’ or ‘‘Exchange’’) filed with the A. Self-Regulatory Organization’s Rule 181. A cancellation of an order Securities and Exchange Commission Statement of the Purpose of, and given to a specialist on the Floor of the (‘‘Commission’’) the proposed rule Statutory Basis for, the Proposed Rule Exchange personally by a Regular change as described in Items I, II, and Change III below, which Items have been member or member representative shall prepared by the self-regulatory not be deemed effective unless in 1. Purpose organization. The Commission is writing [and signed]. The Exchange proposes a rule change publishing this notice to solicit Specialist Registration Fee that would conform its rule to a comments on the proposed rule change comparable New York Stock Exchange from interested persons. Rule 183. Each regular specialist (‘‘NYSE’’) rule, which recently has been registered with the Exchange shall pay I. Self-Regulatory Organization’s amended. The Exchange proposes to to the Exchange each year a registration amend Commentary .01 to Rule 155 Statement of the Terms of Substance of fee [of $400.000 per year] as imposed by the Proposed Rule Change (Precedence Accorded to Orders the Exchange, [which fee shall be] Entrusted to Specialists) to delete the The Exchange proposes to amend payable [in equal quarterly installments prohibition that a specialist may not several of its rules to reflect current in each year] as directed by the disclose the amount of stock that the practices and to update various rules Exchange during [which] the year such specialist and the book would be buying that have become obsolete. The text of specialist remains so registered. or selling in cleaning up the block. This the proposed rule change is as follows Specialist Clerks proposed rule change is similar to the [new text is italicized; deleted text is NYSE amendment to its Rule 104.10(7), Rule 184. (a) A specialist or specialist bracketed]: which has been approved by the unit may regularly employ, subject to Commission.1 Over-the-Counter Execution of Equity such rules and regulations as the Board The Exchange is also updating other Securities Transactions of Governors may adopt, one or more rules to eliminate obsolete references clerks, to aid such specialist or Rule 5. and reflect accurately current Exchange specialist unit on the floor of the (d) practices. The references in Rule [viii any acquisition of a security by Exchange, provided each such clerk a member organization as principal in receives the approval of the Exchange. 1 See Exchange Act Release No. 34231 (June 17, anticipation of making an immediate A yearly fee [of $180.00 per year,] as 1994), 59 FR 32722 (approving File No. SR–NYSE– special offering or exchange distribution imposed by the Exchange and payable 90–10). Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13743 5(d)(viii) (Over-the-Counter Execution IV. Solicitation of Comments solicit comments on the proposed rule of Equity Securities Transactions) to change from interested persons. Rules 560 and 570 are being deleted Interested persons are invited to I. Self-Regulatory Organization’s because Rules 560 and 570 have been submit written data, views, and arguments concerning the foregoing. Statement of the Terms of Substance of rescinded. The Exchange is also deleting the Proposed Rule Change. the signature requirement in Rule 181 Persons making written submissions (Cancellations Must Be Written) to should file six copies thereof with the The proposed rule change clarifies reflect the current practice. The Secretary, Securities and Exchange that DTC’s procedures for charging back signature requirement, going back to the Commission, 450 Fifth Street, N.W., from participants’ accounts erroneous or N.Y. Curb Exchange circa 1939, has not Washington, D.C. 20549. Copies of the improper payments of dividends and been deemed necessary on the Trading submission, all subsequent interest and redemption proceeds, as Floor in the era of the printed ticket. amendments, all written statements well as DTC’s procedures for the The Exchange is also amending Rules with respect to the proposed rule subsequent return of such funds to 183 (Specialist Registration Fee) and change that are filed with the payors,2 do not apply to such payments 184 (Specialist Clerks) to eliminate out- Commission, and all written made for instruments in DTC’s Money of-date charges and timing of payments. communications relating to the Market Instrument (‘‘MMI’’) programs.3 The Exchange proposes to use general proposed rule change between the Commission and any person, other than II. Self-Regulatory Organization’s language in the rules to alleviate the Statement of the Purpose of, and need for repeated amendments to the those that may be withheld from the public in accordance with the Statutory Basis for, the Proposed Rule Exchange Rules each time these fees are Change changed. The Exchange will make the provisions of 5 U.S.C. 552, will be necessary rule filings with the available for inspection and copying at In its filing with the Commission, Commission before any fee changes the Commission’s Public Reference DTC included statements concerning become effective. The Exchange is also Section, 450 Fifth Street, N.W., the purpose of and basis for the amendment Rule 783(d) (Normal Buy- Washington, D.C. 20549. Copies of such proposed rule change and discussed any Ins) to delete the reference to a filing will also be available for comments it received on the proposed member’s entitlement to a Floor inspection and copying at the principal rule change. The text of these statements brokerage commission because the office of the Exchange. All submissions may be examined at the places specified commissions are negotiated. should refer to File No. SR–Amex–95– in Item IV below. DTC has prepared 10 and should be submitted by April 4, summaries, set forth in sections (A), (B), 2. Statutory Basis 1995. and (C) below, of the most significant The proposed rule change is For the Commission, by the Division of aspects of such statements. consistent with Section 6(b)(5) of the Market Regulation, pursuant to delegated (A) Self-Regulatory Organization’s Act in that it is designed to prevent authority. Statement of the Purpose of, and fraudulent and manipulative acts and Margaret H. McFarland, Statutory Basis for, the Proposed Rule practices and to perfect the mechanism Deputy Secretary. Change of a free and open market. [FR Doc. 95–6164 Filed 3–13–95; 8:45 am] The purpose of the proposed rule B. Self-Regulatory Organization’s BILLING CODE 8010±01±M change is to clarify that DTC’s Statement on Burden on Competition procedures for charging back from The Exchange does not believe that participants’ accounts erroneous or the proposed rule change will impose [Release No. 34±35452; File No. SR±DTC± improper payments of dividends and any inappropriate burden on 95±03] interest and redemption proceeds, as competition. well as DTC’s procedures for the Self-Regulatory Organizations; The subsequent return of funds to payors, do C. Self-Regulatory Organization’s Depository Trust Company; Notice of not apply to payments made for Statement on Comments on the Filing and Immediate Effectiveness of instruments in DTC’s MMI programs. Proposed Rule Change Received From Proposed Rule Change Clarifying DTC’s charge back and return of funds Members, Participants, or Others Exclusion of Money Market Instrument procedures do not apply to those No written comments were either Programs From DTC's Charge Back instruments that are included in DTC’s solicited or received. and Return of Funds Procedures for Erroneous or Improper Payments of 2 For a complete description of these procedures, III. Date of Effectiveness of the Dividends and Interest and refer to Securities Exchange Act Release Nos. 23219 Proposed Rule Change and Timing for Redemption Proceeds (May 8, 1986), 51 FR 17845 [SR–DTC–86–03] Commission Action (notice of filing and immediate effectiveness on a March 7, 1995. temporary basis of a proposed rule change Within 35 days of the publication of implementing procedures for charging back this notice in the Federal Register or Pursuant to Section 19(b)(1) of the erroneous dividend and interest payments from within such other period (i) as the Securities Exchange Act of 1934 participants’ accounts), 23686 (October 7, 1986), 51 1 FR 37104 [SR–DTC–86–04] (order approving Commission may designate up to 90 (‘‘Act’’), notice is hereby given that on proposed rule change implementing charge back days of such date if it finds such longer January 31, 1995, The Depository Trust procedures), and 26070 (September 9, 1988) 53 FR period to be appropriate and publishes Company (‘‘DTC’’) filed with the 36142 [SR–DTC–88–17] (notice of filing and Securities and Exchange Commission immediate effectiveness of proposed rule change its reasons for so finding or (ii) as to clarifying that charge back procedures apply to which the self-regulatory organization (‘‘Commission’’) the proposed rule DTC’s same-day funds settlement system as well as consents, the Commission will: change as described in Items I, II, and its next-day funds settlement system). (A) By order approve the proposed III below, which Items have been 3 For a complete description of DTC’s MMI rule change, or prepared primarily by DTC. The programs, refer to Securities Exchange Act Release Commission is publishing this notice to No. 33958 (April 22, 1994), 59 FR 22878 [SR–DTC– (B) Institute proceedings to determine 93–12] (notice of order temporarily approving a whether the proposed rule change proposed rule change expanding the Money Market should be disapproved. 1 15 U.S.C. 78s(b)(1) (1988). Instrument Settlement Program). 13744 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices MMI programs because MMIs are 19(b)(3)(A)(i) 4 of the Act and Rule 19b- [Release No. 34±35450; File Nos. SR±NYSE± processed differently as discussed more 4(e)(1)5 promulgated thereunder 94±39; SR±Phlx±94±29; SR±PSE±94±34; fully below. SR±BSE±94±15; SR±CHX±94±28; SR± because it constitutes a state policy, NASD±94±67; SR±CBOE±94±55] DTC sweeps maturing MMIs from the practice, or interpretation with respect accounts of ‘‘presenting participants’’ to the meaning, administration, or Self-Regulatory Organizations; New and initiates book-entry deliveries enforcement of DTC’s existing York Stock Exchange, Inc., versus payment to paying agents’ procedures for the payment of Philadelphia Stock Exchange, Inc., accounts on maturity date for inclusion dividends, interest, and redemption Pacific Stock Exchange, Inc., Boston in that day’s same-day settlement proceeds. At any time within sixty days Stock Exchange, Inc., Chicago Stock system net settlement. Paying agents can of the filing of this proposed rule Exchange, Inc., National Association of refuse to accept maturity presentments Securities Dealers, Inc., and Chicago of an issuer’s MMIs so long as the change, the Commission summarily may abrogate the rule change if it appears to Board Options Exchange; paying agents notify DTC of their Supplemental Order Regarding intention by 3:00 p.m. Eastern Standard the Commission that such action is necessary or appropriate in the public Recently Adopted Rules for Short Time on the day the MMI matures. If a Position Reporting paying agent refuses to accept maturity interests, for the protection of investors, presentments, DTC will communicate or otherwise in furtherance of the March 7, 1995. this to all DTC participants and will proposed of the Act. reverse the maturity presentments by I. Background IV. Solicitation of Comments recrediting the participants’ accounts The New York Stock Exchange, Inc. with the maturing MMI, thus offsetting Interested persons are invited to (‘‘NYSE’’), on October 27, 1994, the settlement credits in those accounts. submit written data, views, and Philadelphia Stock Exchange, Inc., DTC also will unwind any other arguments concerning the foregoing. (‘‘Phlx’’), on October 20, 1994, the maturity presentments, valued issuance, Persons making written submission Pacific Stock Exchange, Inc. (‘‘PSE’’), on November 23, 1994, the Boston Stock periodic income payments (e.g., interest should file six copies thereof with the or dividend), principal presentments, Exchange, Inc. (‘‘BSE’’), on November Secretary, Securities and Exchange and reorganization presentments that it 28, 1994, the Chicago Stock Exchange, Commission, 450 Fifth Street, N.W., may have processed earlier that day in Inc. (‘‘CHX’’), on December 12, 1994, the the same and other MMIs of a Washington, D.C. 20549. Copies of the National Association of Securities ‘‘defaulting issuer.’’ submission, all subsequent Dealers, Inc. (‘‘NASD’‘), on December 2, DTC believes that the proposed rule amendments, all written statements 19941 and the Chicago Board Options change is consistent with the with respect to the proposed rule Exchange (‘‘CBOE’’), on January 3, 1995, requirements of Section 17A of the Act change that are filed with the (collectively, ‘‘self-regulatory and the rules and regulations Commission, and all written organizations’’ or ‘‘SROs’’) submitted to thereunder applicable to DTC because communications relating to the the Securities and Exchange the proposal will improve the timeliness proposed rule change between the Commission (‘‘SEC’’ or ‘‘Commission’’), of dividend and redemption payments Commission and any person, other than pursuant to Section 19(b)(1) of the to DTC participants and will improve those that may be withheld from the Securities Exchange Act of 1934 the processing and recordkeeping in the public in accordance with the (‘‘Act’’)2 and Rule 19b–4 thereunder,3 Dividends and Reorganization provisions of 5 U.S.C. 552, will be proposed rule changes to facilitate Departments of DTC and its available for inspection and copying in uniform short position reporting participants. The proposed rule change the Commission’s Public Reference requirements.4 also will improve the procedures for Section, 450 Fifth Street, N.W., The proposed rule change filed by the safeguarding funds in DTC’s custody or Washington, D.C. 20549. Copies of such CBOE was published for comment in control of for which it is responsible. filing will also be available for Securities Exchange Act Release No. 35227 (January 13, 1995), 60 FR 4208 (B) Self-Regulatory Organization’s inspection at DTC. All submissions (January 20, 1995). In addition, all of the Statement on Burden on Competition should refer to File No. SR–DTC–95–03 and should be submitted by April 13, other proposed rule changes were DTC does not believe that the published for comment in Securities 1995. proposed rule change will impose any Exchange Act Release No. 35147 burden on competition not necessary or For the Commission by the Division of (December 23, 1994), 60 FR 518 (January appropriate in furtherance of the Market Regulation, pursuant to the delegated 4, 1995). No comments were received on purposes of the Act. authority.6 (C) Self-Regulatory Organization’s Margaret H. McFarland, 1 In addition, the NASD filed Amendment No. 1 on January 11, 1995, to clarify who must report to Statement on Comments on the Deputy Secretary. the NASD, what the entities must report, and the Proposed Rule Change Received from [FR Doc. 95–6214 Filed 3–13–95; 8:45 am] mechanics of how to transmit such report. Because Members, Participants or Others BILLING CODE 8010±01±M the Amendment did not substantively change the proposal, the Commission did not publish it for Written comments from DTC comment. See letter from Joan C. Conley, Secretary, participants or others have not been NASD, to Mark Barracca, Attorney, SEC, dated solicited or received. January 11, 1995. 2 15 U.S.C. 78s(b)(1) (1988). III. Date of Effectiveness of the 3 17 CFR 240.19b–4 (1991). Proposed Rule Change and Timing for 4 ‘‘Short’’ positions to be reported are those Commission Action resulting from ‘‘short’’ sales as defined in SEC Rule 3b–3, but excludes positions resulting from sales The foregone rule change has become specified in clauses (1), (6), (7), (8), (9) and (10) of paragraph (e) of SEC Rule 10a–1. Also to be effective pursuant to Section 4 15 U.S.C. 78s(b)(3)(A)(i) (1988). excluded are ‘‘short’’ positions carried for other 5 17 CFR 240.19b–4(e)(1) (1994). members and member organizations reporting for 6 17 CFR 200.30–3(a)(12) (1994). themselves. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13745 the proposal from either notice reported gross for purposes of the new SMALL BUSINESS ADMINISTRATION publication. reporting requirements. Reporting and Recordkeeping The Commission issued an order on The Approval Order included an Requirements Under OMB Review January 27, 1995, approving the example to illustrate the method, net proposed rule changes referenced reporting, which the Commission above.5 ACTION: Notice of reporting requirements understood to be the industry standard.7 submitted for review. II. Discussion The modification requested by the SUMMARY: Under the provisions of the As explained in the Approval Order, NYSE would be reflected in this Paperwork Reduction Act (44 U.S.C. the purpose of the rule changes is to example by providing that the firm 8 Chapter 35), agencies are required to ensure that all broker-dealers registered would not net its proprietary accounts. in the United States report open short The Commission finds that the submit proposed reporting and positions to an SRO. The proposed rule clarification does not alter the statutory recordkeeping requirements to OMB for changes emanated from an initiative by basis relied upon in the Approval Order. review and approval, and to publish a the SROs, as Intermarket Surveillance The Commission continues to believe, notice in the Federal Register notifying Group (‘‘ISG’’) members, to ensure therefore, that the short interest position the public that the agency has made uniform short position reporting in U.S. reporting rules and methodology for such a submission. traded securities. such calculation as outlined herein is DATE: Comments should be submitted Substantively, the new reporting consistent with the requirements of the within 30 days of this publication in the requirements will continue to include Act and the rules and regulations Federal Register. If you intend to stocks and warrants, including odd-lots, thereunder applicable to a national comment but cannot prepare comments in each such security traded on a United securities exchange, and, in particular, promptly, please advise the OMB States securities exchange or with the requirements of Section 6(b) Reviewer and the Agency Clearance association. Further, the reports will and 15A.9 In particular, the Commission Officer before the deadline. continue to include both customer and believes the proposal is consistent with COPIES: Request for clearance (OMB 83– proprietary positions. the Sections 6(b)(5) and 15A(b)(6) 1), supporting statement, and other At the time the Approval Order was requirements that the rules of an documents submitted to OMB for published, the Commission understood exchange be designed to promote just review may be obtained from the that broker-dealers with multiple and equitable principles of trade, to Agency Clearance Officer. Submit proprietary accounts netted such prevent fraudulent and manipulative comments to the Agency Clearance accounts for purposes of reporting their acts, and, in general, to protect investors Officer and the OMB Reviewer. short positions. In the interim, however, and the public, in that the proposal FOR FURTHER INFORMATION CONTACT: it has come to light that industry should enhance the ability of the SROs, Agency Clearance Officer: Cleo practice varies and that the preferred both collectively and individually, to Verbillis, Small Business method is not to net multiple accounts. monitor short interest reporting, and to Administration, 409 3rd Street, SW., 5th Specifically, the NYSE indicated in a reinforce their regulatory and Floor, Washington, DC 20416, letter submitted to the Commission on surveillance capabilities in this area. Telephone: (202) 205–6629. March 1, 1995, that ‘‘firms will use the OMB Reviewer: Donald Arbuckle, III. Conclusion gross method of reporting short interest Office of Information and Regulatory positions rather than netting.’’ The It Is Therefore Ordered, pursuant to Affairs, Office of Management and remaining ISG participants that adopted Section 19(b)(2) of the Act,10 that the Budget, New Executive Office Building, the rules at hand have confirmed that Approval Order is hereby revised as Washington, DC 20503. industry practice should not be described above. Title: Program Evaluation SBA 7(a) disrupted for purposes of reporting firm Loan Program. short interest positions. The NYSE For the Commission, by the Division of Form No.: N/A. requested that the Approval Order be Market Regulation, pursuant to delegated 11 Frequency: On Occasion. modified to reflect industry practice at authority. Description of Respondents: 7(a) loan the time of the rule filing.6 Margaret H. McFarland, applicants. The Commission notes that the Deputy Secretary. Annual Responses: 1,700. method of calculation was not a [FR Doc. 95–6163 Filed 3–13–95; 8:45 am] Annual Burden: 312. determinative factor in the decision to approve the short interest reporting BILLING CODE 8010±01±M Dated: March 2, 1995. rules. Rather, the Commission’s goal Calvin Jenkins, was to assure uniformity in the 7 See Approval Order, footnote 7. Assistant Administrator for Administration. 8 The example in the Approval Order concerns a calculation of short positions to provide broker-dealer with three accounts—account 1 has [FR Doc. 95–6251 Filed 3–13–95; 8:45 am] comparable information to the short interest of 100 shares, account 2 has short BILLING CODE 8025±01±M marketplace. In this regard, the interest of 225 shares and account 3 is long 150 Commission has not identified shares. As indicated in the Approval Order, if the three accounts are for different customers then the [Declaration of Disaster Loan Area #2760; advantages of one method over the other broker-dealer shall report a gross short interest of Amendment #3] and agrees that, consistent with industry 325 (not netted to 175). In contrast to the Approval practice, short interest positions for both Order, however, if account 1 is a firm customer California; Declaration of Disaster like and non-like accounts may be account, and accounts 2 and 3 are firm proprietary accounts, the broker-dealer would still report total Loan Area short interest of 325 (not netted to 75), as the 5 Securities Exchange Act Release No. 35287 broker-dealer would not net the firm’s proprietary The above-numbered Declaration is (January 27, 1995), 60 FR 6743 (February 3, 1995) positions but would report a total gross short hereby amended, effective February 27, (‘‘Approval Order’’). position (customer 100 and firm 225). 1995, to include Kings County in the 6 See letter from Salvatore Pallante, Senior Vice 9 15 U.S.C. 78f(b) and 78o–3 (1988). President, Member Firm Regulation, NYSE, to Holly State of California as a disaster area due Smith, Associate Director, Division of Market 10 15 U.S.C. 78s(b)(2) (1988). to damages resulting from winter storms Regulation, Commission, dated March 1, 1995. 11 17 CFR 200.30–3(a)(12) (1994). causing flooding, landslides, mud and 13746 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices debris flows beginning on January 3, Dated: March 7, 1995. hold a ministerial meeting in May, 1995, 1995, and continuing. Robert D. Stillman, concerning Chile’s accession, and All counties contiguous to Kings Associate Administrator for Investment. substantive negotiations may begin County have previously been declared. [FR Doc. 95–6225 Filed 3–13–95; 8:45 am] shortly thereafter. All other information remains the BILLING CODE 8025±01±M 2. Articles That May Be Considered in same, i.e., the termination date for filing Trade Negotiations applications for physical damage is All articles provided for in the March 13, 1995, and for economic OFFICE OF THE UNITED STATES Harmonized Tariff Schedule of the injury the deadline is October 10, 1995. TRADE REPRESENTATIVE United States (HTSUS) that are products (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008.) Negotiation of Chilean Accession to of Chile will be considered for duty reduction or elimination and for the Dated: March 8, 1995. the North American Free Trade Agreement elimination or reduction of non-tariff Bernard Kulik, barriers. Associate Administrator for Disaster AGENCY: Office of the United States 3. Advice From the U.S. International Assistance. Trade Representative. [FR Doc. 95–6250 Filed 3–13–95; 8:45 am] Trade Commission ACTION: Notice of negotiations regarding BILLING CODE 8025±01±M Chile’s entry into the North American On March 7, 1995, under authority Free Trade Agreement (NAFTA), notice delegated by the President, the USTR of goods and services that may be requested the Commission, pursuant to [License No. 01/71±0363 covered by such negotiations, and of section 332(g) of the Tariff Act of 1930 public hearings and request for public (codified at 19 U.S.C. 1332(g)), to Notice of Issuance of a Small Business comment concerning such negotiations. provide advice to the President, with Investment Company License respect to each article listed in the HTSUS, as to the probable economic On November 7, 1994, a notice was SUMMARY: This publication gives notice effect of (1) providing duty-free published in the Federal Register (59 that the United States, along with the treatment for imports of products of FR 55522) stating that an application Governments of Canada and Mexico, Chile on industries in the United States had been filed by Pioneer Ventures expects to undertake negotiations with producing like or directly competitive Limited Partnership II, Boston, the Republic of Chile regarding its articles and on consumers; and (2) Massachusetts with the Small Business accession to (i.e., inclusion in) the eliminating U.S. non-tariff measures Administration (SBA) pursuant to NAFTA. This publication also (1) that are inconsistent with the NAFTA. Section 107.102 of the Regulations identifies the range of Chilean articles In addition, the USTR requested advice governing small business investment (products) for which U.S. tariffs and on the probable economic effect on U.S. companies (13 CFR 107.102 (1994)) for non-tariff measures may be reduced or exports to Chile of (3) the removal of a license to operate as a small business eliminated as a result of the Chilean import duties; and (4) the investment company. negotiations; (2) provides notice of a removal of Chilean nontariff measures Interested parties were given until request by the United States Trade that are inconsistent with the NAFTA. close of business on November 22, 1994 Representative (the USTR) to the Finally, the USTR requested the to submit their comments to SBA. No International Trade Commission Commission to provide a report on (5) comments were received. Notice is (Commission) for advice concerning the the nature and extent of services hereby given that, pursuant to Section economic effects of Chilean accession; transactions between the United States 301(c) of the Small Business Investment and (3) gives notice that the Trade and Chile, the key U.S. services Act of 1958, as amended, after having Policy Staff Committee (TPSC) invites industries that export services to Chile, considered the application and all other public comments on, and will conduct the principal barriers impeding the pertinent information, SBA issued public hearings concerning, the participation of U.S. service providers License No. 01/71–0363 on February 6, negotiations. in the Chilean market, and the effect of 1995, to Pioneer Ventures Limited FOR FURTHER INFORMATION CONTACT: such barriers on U.S. services providers. Partnership II to operate as a small For procedural questions concerning public comments or public hearings, The USTR requested the Commission business investment company. to provide its advice as soon as possible, The Licensee will have initial private contact Carolyn Frank, Executive Secretary, Trade Policy Staff Committee, but no later than six months after the capital of $2.6 million and has date of the letter. commitments for additional capital Office of the USTR, (202) 395–9557. All which are expected to reflect total other questions should be directed to 4. Public Comments and Testimony Jane Earley, Director for Chilean Affairs, capital of $15.0 million when fully In conformity with TPSC regulations (202) 395–5190, or James Southwick, invested. The Licensee will be owned (15 CFR part 2003), the Chairman of the Assistant General Counsel, (202) 395– by institutional investors. Limited TPSC invites written comments and/or 7203. partners with a larger than 10% oral testimony of interested persons in partnership interest include the SUPPLEMENTARY INFORMATION: a public hearing on the desirability and Massachusetts Bay Transportation 1. Background economic effects of Chilean accession to Authority Retirement Fund, Middlesex the NAFTA. County Contributory Retirement The NAFTA entered into force Comments are particularly invited on: System, The Pioneer Group, Inc., between the United States, Canada, and (a) Economic costs and benefits to Worcester County Contributory Mexico on January 1, 1994. On U.S. producers and consumers of Retirement System, and Cambridge December 11, 1994, President Clinton, removal of all tariff barriers to trade Retirement System. and the heads of state of Canada, Chile, between Chile and the United States (Catalog of Federal Domestic Assistance and Mexico agreed to begin the process and between and among Chile and the Program No. 59.011, Small Business by which Chile will accede to the current NAFTA parties and, in the case Investment Companies) NAFTA. The four governments plan to of articles for which immediate Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13747 elimination of tariffs is not appropriate, provide 30 typed copies of their oral notice is published pursuant to the appropriate staging schedule for statement at the time of the hearings. paragraph d of § 158.29. such elimination. Any business confidential material PFC Applications Approved (b) Existing nontariff barriers to trade must be clearly marked as such on the in goods between Chile and the United cover page (or letter) and succeeding Public Agency: City of Austin, Austin, States and between and among Chile pages. Such submissions must be Texas. and the current NAFTA parties and the accompanied by a nonconfidential Application Number: 95–03–C–00– economic costs and benefits to U.S. summary of the confidential AUS. producers and consumers of removing information. Application Type: Impose and use PFC revenue. those barriers. 6. Written Comments (c) Existing barriers to trade in PFC Level: $3.00. services between Chile and the United Those persons not wishing to Total Approved Net PFC Revenue: States and between and among Chile participate in the hearing may submit $1,199,000. and the current NAFTA parties, and written comments, in 20 typed copies, Charge Effective Date: July 1, 1995. economic costs and benefits to U.S. no later than noon, Friday, April 28, Estimated Charge Expiration Date: services firms and consumers of 1995 to Carolyn Frank, Executive September 1, 1995. removing such barriers. Secretary, Trade Policy Staff Committee, Class of Air Carriers Not Required to (d) Existing restrictions on investment Office of the United States Trade Collect PFC’s: On-demand air taxi/ flows between Chile and the United Representative, 600 Seventeenth Street, commercial operators that (1) do not States and between and among Chile N.W., Washington, D.C. 20506. enplane or deplane at Robert Mueller and the current NAFTA parties, and the Comments should state clearly the Municipal Airport’s (AUS) main costs and benefits to U.S. investors and position taken and should describe with terminal building or (2) enplane fewer consumers of eliminating such particularity the evidence supporting than 500 passengers per year at AUS. restrictions. that position. Any business confidential Determination: Approved. Based on (e) Any other measures, policies, or material must be clearly marked as such information submitted in the City of practices of the Government of Chile on the cover page (or letter) and Austin’s application, the FAA has falling within the scope of the NAFTA succeeding pages. Such submissions determined that the proposed class that should be addressed in the must be accompanied by a accounts for less than 1 percent of the negotiations. nonconfidential summary of the total annual enplanements at AUS. In addition, comments are invited on confidential information. Brief Description of Project Approved Nonconfidential submissions will be the possible environmental effects of for Collection and Use: available for public inspection at the Chile’s accession to the NAFTA, as well East perimeter road pavement USTR Reading Room, Room 101, Office as the possible effects on basic workers’ rehabilitation, of the United States Trade rights, working conditions, and living Terminal apron lighting upgrade, Representative, 600 Seventeenth Street, standards. Airfield pavement rehabilitation, N.W., Washington, D.C. An Airfield security fence replacement/ 5. Requests to Participate in Public appointment to review the file may be rehabilitation, Hearings made by calling Brenda Webb (202) Runway 13R/31L surface roughness A hearing will be held on Tuesday, 395–6186. The Reading Room is open to remediation. April 25, 1995 in the Truman Room, the public from 10 a.m. to 12 noon and Decision Date: February 8, 1995. White House Conference Center, 726 from 1 p.m. to 4 p.m. Monday through For Further Information Contact: Ben Jackson Place, Washington, DC. Friday. Guttery, Southwest Region Airports Hearings will continue on succeeding Frederick L. Montgomery, Division, (817) 222–5614. days if necessary. Chairman, Trade Policy Staff Committee. Public Agency: Indian Wells Valley Parties wishing to testify orally at the [FR Doc. 95–6154 Filed 3–13–95; 8:45 am] Airport District, Inyokern, California. hearings must provide written BILLING CODE 3190±01±M Application Number: 95–02–C–00– notification of their intention by noon, IYK. Friday, April 14, 1995 to Carolyn Frank, Application Type: Impose and use Executive Secretary, Trade Policy Staff DEPARTMENT OF TRANSPORTATION PFC revenue. Committee, Office of the United States PFC Level: $3.00. Trade Representative, 600 Seventeenth Federal Aviation Administration Total Approved Net Use PFC Street, N.W., Washington, D.C. 20506. Revenue: $248,500. Notice of Passenger Facility Charge The notification should include (1) the Estimated Charge Effective Date: (PFC) Approvals and Disapprovals name, address, and telephone number of September 1, 1995. the person presenting the testimony; AGENCY: Federal Aviation Estimated Charge Expiration Date: and (2) a brief summary of the Administration (FAA), DOT. September 1, 1999. presentation, including the product(s) ACTION: Monthly Notice of PFC Class of Air Carriers Not Required to (with HTSUS numbers), service Approvals and Disapprovals. In Collect PFC’s: Unscheduled air taxi/ sector(s), or other subjects to be February 1995, there were six commercial operators not providing discussed. applications and one amendment scheduled service to Inyokern Airport Parties presenting oral testimony must approved. (IYK). also submit to the above address by Determination: Approved. Based on noon, Friday, April 14, 1995 a written SUMMARY: The FAA publishes a monthly information submitted in the Indian brief, in 20 copies. Remarks at the notice, as appropriate, of PFC approvals Wells Valley Airport District’s hearing should be limited to no more and disapprovals under the provisions application, the FAA has determined than five minutes to allow for possible of 49 U.S.C. 40117 (Pub. L. 103–272) the proposed class accounts for less questions from the Chairman and the and Part 158 of the Federal Aviation than 1 percent of IYK’s total annual interagency panel. Participants should Regulations (14 CFR Part 158). This enplanements. 13748 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Brief Description of Project Approved approach lighting system with Brief Description of Project Approved for Use: Terminal renovations. sequenced flashers (ALSF–II) and for to Impose a PFC at MKE and use PFC Brief Description of Projects Approved Category III instrument landing system Revenue at Lawrence J. Timmerman for Collection and Use: (ILS) on runway 22R. Airport: Install pavement sensors. Construct parking lot and airport road Determination: The project meets the Brief Description of Projects Approved extention, nominal requirements for AIP eligibility for Collection Only at MKE: as an incidental cost related to the Purchase hydraulic passenger lift. Storm water and deicing system— extension of runway 4L/22R; however, Brief Description of Project Approved design and construction—phase III, those costs specifically associated with for Collection: Overlay taxiways. Sales assistance in runway C–1 area, Decision Date: February 11, 1995. the upgraded preparation for the ALSF– For Further Information Contact: John II and CAT III ILS are not eligible in Realign runway 7L–25R. P. Milligan, Western Pacific Region accordance with paragraph 513 of the Decision Date: February 24, 1995. Airports Division, (310) 297–1029. AIP Handbook. For Further Information Contact: Public Agency: City of Riverton, Decision Date: February 23, 1995. Franklin Benson, Minneapolis Airports Riverton, Wyoming. For Further Information Contact: Ben District Office, (612) 725–4221. Application Number: 95–01–I–00– Guttery, Southwest Region Airports Public Agency: City of Philadelphia, RIW. Division, (817) 222–5614. Department of Commerce, Division of Application Type: Impose PFC. Public Agency: Milwaukee County Aviation (DOA), Philadelphia, PFC Level: $3.00. Airport Division, Milwaukee, Pennsylvania. Total Approved Net PFC Revenue: Wisconsin. $515,955. Application Number: 95–03–C–00– Application Number: 95–01–C–00– PHL. Charge Effective Date: May 1, 1995. MKE. Application Type: Impose and use Estimated Charge Expiration Date: Application Type: Impose and use PFC revenue. March 1, 2007. PFC revenue. Class of Air Carriers Not Required to PFC Level: $3.00. PFC Level: $3.00. Collect PFC’s: None. Total Approved Net PFC Revenue: Total Approved PFC Revenue: Brief Description of Projects Approved $28,785,277. $65,500,000. to Impose: New terminal development Charge Effective Date: May 1, 1995. Charge Effective Date: July 1, 1995. and equipment acquisition. Estimated Charge Expiration Date: Estimated Charge Expiration Date: Decision Date: February 14, 1995. April 1, 1999. September 1, 1997. For Further Information Contact: Don Class of Air Carriers Not Required To O’Brien, Denver Airports District Office, Class of Air Carriers Not Required to Collect PFC’s: Air taxi/commercial (303) 286–5549. Collect PFC’s: Air taxi/commercial operators exclusively filing FAA Form operators filing FAA Form 1800–31. Public Agency: Little Rock Regional 1800–31. Determination: Approved. Based on Airport, Little Rock, Arkansas. Determination: Approved. Based on Application Number: 95–01–I–00– information submitted in the DOA’s information submitted in the Milwaukee application, the FAA has determined LIT. County Airport Division’s application, Application Type: Impose PFC. that the proposed class accounts for less the FAA has determined that the PFC Level: $3.00. than 1 percent of Philadelphia Total Approved Net PFC Revenue: proposed class accounts for less than 1 International Airport’s total annual $32,765,055. percent of General Mitchell enplanements. Charge Effective Date: May 1, 1995. International Airport’s (MKE) total Brief Description of Projects Approved Estimated Charge Expiration Date: annual enplanements. for Collection and Use: Brief Description of Projects Approved June 1, 2003. Terminals B, C, D, and E general Class of Air Carriers Not Required to for Collection and Use at MKE: renovations, Collect PFC’S: Air taxi/commercial Acquire scattered homes within runway operators filing FAA Form 1800–31. protection zone and 70 LDN, Terminals A and E expansion and Determination: Approved. Based on Noise monitoring/flight track system, upgrade. information submitted in the Little Rock Cargo apron expansion—phase I, Brief Description of Projects Approved Regional Airport’s application, the FAA Replacement equipment, for Use: has determined that the proposed class Acquire undeveloped land zoned for Airfield expansion—land acquisition, accounts for less than 1 percent of Little residential use, Terminals B and C improvements, Rock Regional Airport-Adams Field’s Terminal apron rehabilitation, Terminals D and E improvements. total annual enplanements. Surface movement guidance control Brief Description of Project Approved system (design), Decision Date: February 27, 1995. for Collection: Extend runway 4L/22R. Perimeter fencing replacement, For Further Information Contact: L.W. Brief Description of Project Approved, Rehabilitate west fixed base operator Walsh, Harrisburg Airports District in Part, for Collection: Prepare site for apron. Office, (717) 975–3413. AMENDMENT TO PFC APPROVALS Amended ap- Original ap- Original esti- Amended esti- Amendment No: City, State Amendment proved net proved net mated charge mated charge approved date PFC revenue PFC revenue exp. date exp. date 93±01±C±01±EAT, East Wenatchee, WA ...... 02/15/95 $622,488 $280,500 10/01/95 10/01/00 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13749 Issued in Washington, DC on March 7, Estimated Charge Expiration Date: SIA access road improvements, 1995. May 1, 1997. Aircraft deicing facility, Kendall L. Ball, Class of Air Carriers Not Required to Decision Date: January 20, 1995. Passenger Facility Charge Branch. Collect PFC’s: Part 135 air charter FOR FURTHER INFORMATION [FR Doc. 95–6275 Filed 3–13–95; 8:45 am] operators. CONTACT: Paul Johnson, Seattle BILLING CODE 4910±13±M Determination: Approved. Based on Airports District Office, (206) 227–2650. information submitted in the City of Public Agency: Lehigh-Northampton Killeen’s application, the FAA has Airport Authority, Allentown, Notice of Passenger Facility Charge determined the proposed class accounts Pennsylvania. (PFC) Approvals and Disapprovals for less than 1 percent of Killeen Application Number: 94–03–U–00– Municipal Airport’s total annual ABE. AGENCY: Federal Aviation enplanements. Administration (FAA), DOT. Application Type: Use PFC revenue. Brief Description of Projects Approved PFC Level: $3.00. ACTION: Monthly Notice of PFC for Collection and Use: Total Approved Net PFC Revenue: Approvals and Disapprovals. In January Airport drainage, $4,350,000. 1995, there were seven applications and Security fencing (safety fencing), Charge Effective Date: November 1, two amendments approved. Runway extension study, 1992. Terminal building master plan, SUMMARY: The FAA publishes a monthly Estimated Charge Expiration Date: Signage and graphics, July 1, 1996. notice, as appropriate, of PFC approvals Fog seal and paint runway (slurry seal), and disapprovals under the provisions Class of Air Carriers Not Required To Reconstruct air carrier concrete ramp, Collect PFC’s: The Lehigh-Northampton of 49 U.S.C. 40117 (Pub. L. 103–272 and Reconstruct taxiway A and associated Part 158 of the Federal Aviation Airport Authority has previously been ramp, approved to exclude air taxi/commercial Regulations (14 CFR Part 158). This Fog seal taxiway B (slurry seal), operators filing FAA Form 1800–31 in notice is published pursuant to Canopy and landscaping, paragraph d of § 158.29. Distance remaining signs, the FAA’s August 28, 1992, Record of Taxiway G repair, Decision. PFC Application Approved Upgrade lighting, fog seal and paint Determination: No change from Public Agency: Rock Springs- terminal ramp (slurry seal). previously approved application. Brief Description of Project Approved Sweetwater County Airport Board, Rock Brief Description of Projects Approved for Use: Design and construct satellite Springs, Wyoming. for Collection and Use: Access road to terminal expansion. Application Number: 95–01–C–00– fuel area. RKS. Decision Date: January 20, 1995. Determination: Disapproved. The For Further Information Contact: L.W. Application Type: Impose and use FAA has determined that this project is PFC revenue. Walsh, Harrisburg Airports District not Airport Improvement Program (AIP) Office, (717) 782–4548. PFC Level: $3.00. eligible in accordance with Appendix 3, Total Approved Net PFC Revenue: FAA Order 5100.38A, which Public Agency: Jackson Hole Airport $332,500. specifically excludes fuel farms from Board (Board), Jackson, Wyoming. Charge Effective Date: April 1, 1995. AIP eligibility. Application Number: 94–02–C–00– Estimated Charge Expiration Date: Construct parking lot. JAC. May 1, 2002. Determination: Disapproved. The Application Type: Impose and use Classes of Air Carriers Not Required FAA has determined that this project is PFC revenue. to Collect PFC’s: (1) Air taxi/commercial not AIP eligible in accordance with 49 PFC Level: $3.00 operators filing FAA Form 1800–31 and U.S.C. 47110, as amended by Public Total Approved PFC Revenue: (2) foreign air carriers. Law No. 103–305 (August 23, 1994), and $1,000,000. Charge Effective Date: April 1, 1995 Determination: Approved. Based on section 158.15(b)(6), which specifically Estimated Charge Expiration Date: information submitted in the Rock exclude employee automobile parking December 1, 1997. Springs-Sweetwater County Airport facilities from eligibility. Class of Air Carriers Not Required To Board’s application, the FAA has Decision Date: January 6, 1995. determined that each proposed class FOR FURTHER INFORMATION Collect PFC’s: None. Brief Description of Projects Approved accounts for less than 1 percent of the CONTACT: Ben Guttery, Southwest for Collection and Use: total annual enplanements at Rock Region Airports Division, (817) 222– Springs-Sweetwater County Airport. 5614. Safety equipment, Terminal baggage improvements. Brief Description of Project Approved Public Agency: Spokane Airport for Collection and Use: Replace terminal Board, Spokane, Washington. Brief Description of Project building roof and acquire lift device. Application Number: 95–02–C–00– Disapproved: Terminal building Decision Date: January 3, 1995. GEG. expansion. FOR FURTHER INFORMATION Application Type: Impose and use Determination: Disapproved. This CONTACT: Don O’Brien, Denver PFC revenue. project was originally included in the Airports District Office, (303) 286–5549. PFC Level: $3.00. Board’s first PFC application. However, Public Agency: City of Killeen, Texas. Total Approved Net PFC Revenue: on September 26, 1994, the Board Application Number: 95–02–C–00– $8,200,000. amended their first application and ILE. Charge Effective Date: April 1, 1998. deleted this project. The Board justified Application Type: Impose and use Estimated Charge Expiration Date: deleting this project in the amendment, PFC revenue. May 1, 2000. stating that it could not begin PFC Level: $3.00. Classes of Air Carriers Not Required implementation within the regulatory Total Approved Net PFC Revenue: to Collect PFC’s: None. timeframe due to the need to complete $321,200. Brief Description of Projects Approved a master plan update and address local Charge Effective Date: April 1, 1995. for Collection and Use: community concerns. Given the nature 13750 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices of the community concerns cited by the Estimated Charge Expiration Date: Application Type: Use PFC revenue. Board in its amendment, the FAA has April 1, 1999. PFC Level: $3.00. no assurance that the project will be Classes of Air Carriers Not Required Total Approved Net PFC Revenue: implemented until the community To Collect PFC’s: (1) Air taxi/ $38,715,000. involvement and all other concerns commercial operators filing FAA Form Charge Effective Date: September 1, associated with the ongoing master plan 1800–31 and (2) foreign air carriers. 1992. update are addressed. Therefore, the Determination: Approved. Based on Estimated Charge Expiration Date: FAA is disapproving this project at this information submitted in the September 1, 2005. time. Charlottesville-Albermarle Airport Class of Air Carriers Not Required To Brief Description of Project Authority’s application, the FAA has Collect PFC’s: The Sarasota Manatee Withdrawn: Runway safety project. determined that each proposed class Airport Authority has previously been Determination: This project was accounts for less than 1 percent of the approved to exclude air taxi/commercial withdrawn by the Jackson Hole Airport Charlottesville-Albermarle Airport’s operators filing FAA Form 1800–31. Board by letter dated October 25, 1994. total annual enplanements. Determination: No change from Decision Date: January 25, 1995. Brief Description of Projects Approved previously approved application. for Collection Only: For Further Information Contact: Brief Description of Projects Approved Philip Braden, Denver Airports District Acquire snow blower and broom, for Use: Office, (303) 286–5530. Snow loader/plow, Overlay runway 3–21, Federal Aviation Regulations Part 150 Public Agency: Charlottesville- Runway deicing vehicle, program funding, Albermarle Airport Authority, Aircraft rescue and firefighting vehicle, Environmental assessment, Charlottesville, Virginia. Extend runway 3, safety area. Runway protection zone land Application Number: 94–05–I–00– Decision Date: January 26, 1995. acquisition, CHO. For Further Information Contact: Rehabilitate taxiway ‘‘A’’, Application Type: Impose PFC Robert Mendez, Washington Airports Rehabilitate taxiway ‘‘F’’ (formerly revenue. District Office, (703) 285–2570. taxiway ‘‘I’’). PFC Level: $3.00. Public Agency: Sarasota Manatee Decision Date: January 31, 1995. Total Approved Net PFC Revenue: Airport Authority, Sarasota, Florida. For Further Information Contact: Pegy $1,524,300. Application Number: 95–02–U–00– Jones, Orlando Airports District Office, Charge Effective Date: April 1, 1995. SRQ. (407) 648–6582. AMENDMENTS TO PFC APPROVALS Amended ap- Original ap- Estimated Amended esti- Amendment No.: City, state Amendment proved net proved net charge exp. mated charge approved date PFC revenue PFC revenue date exp. date 92±01±C±01±TWF, Twin Falls, ID ...... 01/09/95 $310,500 $270,000 05/01/98 05/01/98 93±02±U±01±TUL, Tulsa, OK ...... 12/06/94 $14,818,000 $8,450,000 08/01/94 03/01/96 Issued in Washington, D.C. on March 7, lane facility to a four-lane divided considered a Class III Action, and the 1995. roadway. The remaining part of the assessment of the environmental Kendall L. Ball, proposed highway project called for a impacts will be finalized and Passenger Facility Charge Branch. four-lane facility on new location. documented with an Environmental [FR Doc. 95–6276 Filed 3–13–95; 8:45 am] FOR FURTHER INFORMATION CONTACT: Assessment. BILLING CODE 4910±13±M Mr. Bruce Turner, Transportation J. Bruce Turner, Planner, Federal Highway Transportation Planner, Richmond, Virginia. Administration, 1504 Santa Rosa Road, [FR Doc. 95–6182 Filed 3–13–95; 8:45 am] Federal Highway Administration Suite 205, Richmond, Virginia 23229, Telephone (804) 281–5111. BILLING CODE 4910±22±M Environmental Impact Statement: City SUPPLEMENTARY INFORMATION: of Charlottesville and Albemarle When the County, VA Notice of Intent was published, there Federal Railroad Administration was reason to believe that one or more AGENCY: Federal Highway of the alternatives might significantly Notice of Application for Approval of Administration, DOT. affect the environment. However, after Discontinuance or Modification of a ACTION: Cancellation of the Notice of conducting exhaustive environmental Railroad Signal System or Relief from Intent. studies of all the alternatives under the Requirements of 49 CFR Part 236 consideration, documenting this SUMMARY: This notice rescinds the information in a draft Environmental Pursuant to 49 CFR Part 235 and 49 previous Notice of Intent issued on Impact Statement, circulating the draft U.S.C. App. 26, the following railroads October 3, 1984, to prepare an EIS for comment, and holding the have petitioned the Federal Railroad environmental impact statement for a location public hearing, a reduced Administration (FRA) seeking approval proposal to provide a four-lane divided alternative without any significant for the discontinuance or modification facility from the intersection of existing environmental impacts was selected to of the signal system or relief from the McIntire Road and Preston Avenue to an meet the proposed project’s purpose and requirements of 49 CFR Part 236 as intersection with Rio Road. The need. proposed highway project involved in Therefore, in accordance with Federal detailed below. part the upgrading of an existing two- regulations, the selected alternative is Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13751 Block Signal Application (BS–AP)—No. Puyallup, milepost 30.6, Washington, CSX Transportation, Incorporated 3340 on the Northern Corridor, Pacific seeks approval of the proposed Applicants: Consolidated Rail Division, Seattle Subdivision; consisting modification of the signal system, on the Corporation, Mr. J. F. Noffsinger, Chief of the discontinuance and removal of 11 two main tracks, between Leewood, Engineer—C&S, 2001 Market Street, electric locks from 11 hand-operated milepost F372.38 and Aulon, milepost P.O. Box 41410, Philadelphia, switches. F374.50, Tennessee, Nashville Division, The reasons given for the proposed Pennsylvania 19101–1410; Norfolk Memphis Subdivision; consisting of the changes is that the ABS territory does Southern Railway Company, Mr. J. W. discontinuance and removal of not require the application of electric Smith, Chief Engineer—C&S, automatic signals 372.9 and 374.4. locks at these locations, also these locks The reason given for the proposed Communication and Signal Department, were installed at a time when foreign changes is to improve operations and 99 Spring Street, S.W., Atlanta, Georgia railroads used these locks for entering increase efficiency. 30303. the main line and this condition no The Consolidated Rail Corporation BS–AP—No. 3346 longer exists. (Conrail) and Norfolk Southern Railway Applicant: Soo Line Railroad Company jointly seek approval of the BS–AP—No. 3343 Company, Mr. J. C. Thomas, Manager proposed discontinuance and removal Applicant: Burlington Northern S&C Maintenance, 105 South 5th Street, of ‘‘Hager’’ Interlocking, milepost 74.8, Railroad Company, Mr. William G. Box 530, Minneapolis, Minnesota at Hagerstown, Maryland, Conrail’s Peterson, Director Signal Engineering, 55440. Harrisburg Division. The proposed 9401 Indian Creek Parkway, Overland The Soo Line Railroad Company seeks changes consist of the discontinuance Park, Kansas 66210–9136. approval of the proposed and removal of the power-operated The Burlington Northern Railroad discontinuance and removal of the derail and two interlocking signals, Company seeks approval of the Conley frog locks on the movable bridge associated with track reconfiguration proposed modification of the traffic at LaCrosse, Wisconsin, Heartland and installation of a traffic control control system, on the single main track, Division, Tomah Subdivision. system on the No. 1 Running Track at Tupelo, Mississippi, between The reason given for the proposed between milepost 74.8 and ‘‘Town’’ milepost 584.5 and milepost 588.0, on changes is to reduce maintenance costs Interlocking, milepost 73.7. the Southern Corridor, Memphis associated with maintaining the frog The reasons given for the proposed Division, Birmingham Subdivision; locks, which are not required to be in changes is to retire facilities no longer consisting of the removal of controlled compliance with applicable rule Part required for present operation while signals 138L, 138RA, and 138RB, 236.312. upgrading the signal system and removal of automatic signals 5859 and BS–AP—No. 3347 improving train operations in the area. 5846, and installation of two BS–AP—No. 3341 intermediate automatic signals back to Applicant: Soo Line Railroad back near milepost 585.7. Company, Mr. J. C. Thomas, Manager Applicant: Burlington Northern The reason given for the proposed S&C Maintenance, 105 South 5th Street, Railroad Company, Mr. William G. changes is the upgrading of the crossing Box 530, Minneapolis, Minnesota Peterson, Director Signal Engineering, signals to motion detecting control and 55440. 9401 Indian Creek Parkway, Overland the existing crossing control cutouts are The Soo Line Railroad Company seeks Park, Kansas 66210–9136. no longer required. approval of the proposed The Burlington Northern Railroad discontinuance and removal of the Company seeks approval of the BS–AP—No. 3344 Conley frog locks on the movable bridge proposed modification of the automatic Applicant: Consolidated Rail at Hastings, Minnesota, Heartland block signal system on the single main Corporation, Mr. J. F. Noffsinger, Chief Division, River Subdivision. track, between Singleton, milepost 130.0 Engineer—C&S, 2001 Market Street, The reason given for the proposed and Iola, milepost 147.0, Texas, and P.O. Box 41410, Philadelphia, changes is to reduce maintenance costs between Corsicana, milepost 242.0 and Pennsylvania 19101–1410. associated with maintaining the frog Bardwell, milepost 259.0, Texas, on the The Consolidated Rail Corporation locks, which are not required to be in Southern Corridor, Ft. Worth Division, seeks approval of the proposed compliance with applicable rule Part Houston Subdivision; consisting of the modification and reduction of the 236.312. removal of 16 automatic signals, eastward limits of ‘‘MO’’ Interlocking, BS–AP—No. 3348 removal of 3 absolute signals, and milepost 250.5, at Cresson, installation of 19 automatic signals. Pennsylvania, Pittsburgh Line, Applicant: Soo Line Railroad The reason given for the proposed Harrisburg Division; consisting of the Company, Mr. J. C. Thomas, Manager changes is to respace signals associated conversion of ‘‘Old No. 1’’ power- S&C Maintenance, 105 South 5th Street, with the installation of coded track operated switch on the ‘‘0’’ track to Box 530, Minneapolis, Minnesota circuits. hand operation, and the discontinuance 55440. The Soo Line Railroad Company seeks BS–AP—No. 3342 and removal of interlocking signals 12W, 12E and 6L. approval of the proposed Applicant: Burlington Northern The reason given for the proposed discontinuance and removal of the Railroad Company, Mr. William G. changes is to retire facilities no longer Conley frog locks on the movable bridge Peterson, Director Signal Engineering, required for present operation. at Sabula, Iowa, Gateway Division, 9401 Indian Creek Parkway, Overland Davenport Subdivision. Park, Kansas 66210–9136. BS–AP–No. 3345 The reason given for the proposed The Burlington Northern Railroad Applicant: CSX Transportation, changes is to reduce maintenance costs Company seeks approval of the Incorporated, Mr. D. G. Orr, Chief associated with maintaining the frog proposed modification of the automatic Engineer—Train Control, 500 Water locks, which are not required to be in block signal system, on the main track, Street (S/C J–350), Jacksonville, Florida compliance with applicable rule Part between Auburn, milepost 21.3 and 32202. 236.312. 13752 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices BS–AP—No. 3349 SUMMARY: The purpose of this Notice is dated December 2, 1994, is in the public Applicant: Consolidated Rail to announce that Engineering Analysis interest and best furthers their mutual Corporation, Mr. J. F. Noffsinger, Chief (EA) 92–041 has been closed in interest in motor vehicle safety; and Engineer—C&S, 2001 Market Street, accordance with the settlement Whereas, DOT and GM agree that this P.O. Box 41410, Philadelphia, agreement between the United States settlement will avoid time-consuming, Pennsylvania 19101–1410. Department of Transportation and costly litigation of a complex matter that The Consolidated Rail Corporation General Motors Corporation, dated raises difficult factual and legal issues; seeks approval of the proposed March 7, 1995 (Attachment A). and instead offers an opportunity for modification of the automatic block Secretary of Transportation Federico meaningful cooperation between signal system, on the two main tracks, Pen˜ a announced the parties’ initial government and industry to between Scioto Interlocking, milepost agreement to settle the matter and significantly enhance the safety of the 132.1 and Bannon Interlocking, explained the basis for this driving public; milepost 137.6, near Columbus, Ohio, Departmental decision in a statement Now therefore, the Department of Western Branch, Indianapolis Division; issued December 2, 1994, which is Transportation and General Motors consisting of the discontinuance and available as an attachment to the March Corporation hereby agree to the removal of automatic signals 1321, 9, 1995 memorandum to the public file following settlement of this matter: for EA92–041 announcing the closing of 1332, 1351, 1352, 1361, and 1362, and I. Terms and Conditions the relocation of automatic signals 1341 that investigation. For procedural and 1342, 350 feet north of milepost reasons, the October 17, 1994 initial A. Enhance Federal Motor Vehicle 135. decision that the C/K pickup trucks Safety Standard (FMVSS) No. 301 The reason given for the proposed subject to EA92–041 contain a defect 1. GM and DOT will support changes is to retire facilities no longer related to motor vehicle safety is enhancement of the current standard required for present operation and vacated. regarding fuel system integrity, FMVSS improve braking distance. FOR FURTHER INFORMATION CONTACT: 301, through a public rulemaking Any interested party desiring to Ellen Berlin, Director, Office of Public process. protest the granting of an application and Consumer Affairs, NHTSA, 400 a. GM will support the development shall set forth specifically the grounds Seventh Street, SW., Washington, DC by DOT, on an expedited basis, of a upon which the protest is made, and 20590; (202) 366–9550. revised standard that best simulates the contain a concise statement of the real-world crash conditions that result interest of the protestant in the Authority: 49 U.S.C. 30118; delegations of in post-crash fires. proceeding. The original and two copies authority at 49 CFR 1.50(a) and 501.8(g). b. GM agrees that the current FMVSS of the protest shall be filed with the Issued on: March 9, 1995. 301 standard should be enhanced to Associate Administrator for Safety, William A. Boehly, meet today’s high pressure fuel system FRA, 400 Seventh Street, S.W., Associate Administrator for Safety designs and in today’s traffic Washington, D.C. 20590 within 45 Assurance. environment to provide higher levels of calendar days of the date of issuance of Attachment A—Settlement Agreement occupant protection from post-crash this notice. Additionally, one copy of Between the United States Department fires. the protest shall be furnished to the of Transportation and General Motors c. It is envisioned that the revised applicant at the address listed above. Corporation FRA expects to be able to determine standard would employ a more these matters without oral hearing. March 7, 1995. representative impacting device than the current standard, would involve However, if a specific request for an oral Settlement Agreement hearing is accompanied by a showing higher test speeds (approximately 40 that the party is unable to adequately Whereas, the National Highway m.p.h.) than the current standard, and present his or her position by written Traffic Safety Administration (NHTSA), would include separate tests of the statements, an application may be set an agency of the United States integrity of fuel system components in for public hearing. Department of Transportation (DOT), addition to full vehicle tests at different conducted an investigation (EA92–041) impact locations. Issued in Washington, D.C. on March 8, into an alleged defect related to motor 2. GM agrees that its support will take 1995. vehicle safety of model year 1970–1991 the following form: Phil Olekszyk, full-sized General Motors Corporation a. GM will, to the extent legally Acting Deputy Associate Administrator for (GM) pickup trucks and cab-chassis permissible, take an active part in the Safety Compliance and Program equipped with fuel tanks mounted rulemaking process. Implementation. outboard of the frame rails (C/K pickup b. GM will undertake and/or finance [FR Doc. 95–6223 Filed 3–13–95; 8:45 am] trucks); and research, including research described BILLING CODE 4910±06±P Whereas, on October 17, 1994, in the other provisions of this Secretary of Transportation Federico agreement, which will further the Pen˜ a announced his initial decision that development of an enhanced standard. National Highway Traffic Safety the C/K pickup trucks contain a defect c. GM will submit to NHTSA’s Administration related to motor vehicle safety; and rulemaking docket all research [Docket No. EA92±041; Notice 4] Whereas, no final decision had been undertaken or financed in accordance made by the Secretary of Transportation with the other provisions of this General Motors Pickup Truck Defect as to whether the C/K pickup trucks agreement that support the development Investigation contain a defect related to motor vehicle of an enhanced standard. AGENCY: National Highway Traffic safety; and 3. GM and DOT will work together to Safety Administration (NHTSA), DOT Whereas, DOT and GM each improve other Federal motor vehicle determined that the settlement of the safety standards. ACTION: Notice of closing of above-referenced investigation, as 4. None of the provisions in this investigation. memorialized in a letter agreement section A. shall operate to give GM Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13753 rights it does not otherwise have under contractors or grantees shall be entitled The NHTSA and GM representatives the Administrative Procedure Act or to receive or retain any proprietary will continue to meet and confer as is under any other provision of law, nor interest in such research. necessary to reach agreement on the deny or abridge such rights to any other 6. DOT will provide, in its discretion projects or activities to be undertaken or person. and consistent with applicable law, financed. Thereafter, the NHTSA and available resources to support this GM representatives will meet B. Fire Safety Research project. Such resources may include, periodically to review the status and 1. GM will finance motor vehicle fire but are not limited to, project reviews, progress of such projects or activities safety research, or otherwise contract to research on post-crash fire prevention, and to consider any proposed conduct such research. GM agrees to research related to the FMVSS No. 301 modifications to them. expend at least $5,000,000 within the rulemaking, public information, and 5. Sixty days prior to the end of the two-year period following the effective other similar activities. first year period of activity, and date of this agreement for this activity. thereafter on an annual basis or on such C. Public Education GM will expend at least an additional other basis as GM and NHTSA mutually $5,000,000 during the subsequent three 1. GM agrees to expend at least shall determine, GM shall submit to years for this activity unless both $11,855,000 within the five-year period NHTSA a description of the projects and NHTSA and GM agree that this activity following the effective date of this activities to be undertaken during the should no longer be funded. Research to agreement in the areas of public following year or other agreed-upon be conducted shall include, among education, as generally described time period. The parties shall then other possible projects: (i) Detailed herein. GM will expend approximately follow the procedures set forth in accident analysis and development of one-fifth of this amount each year over paragraph C.4 above in reaching new vehicle crash and component level the five-year period. GM, with NHTSA’s agreement as to the projects and testing procedures; (ii) testing of concurrence, may alter the rate of activities for the subsequent period and materials that would reduce the risk of spending if doing so would further the in monitoring such projects and fire; and (iii) development of techniques goals of this section. activities. for preventing, containing and 2. Funds shall be spent in the 6. GM will provide NHTSA with such extinguishing vehicle fires. The research following areas: (i) Support for reports as may reasonably be required projects shall be undertaken in enactment, upgrading and/or retention by NHTSA to inform NHTSA of the accordance with paragraph B.2., below. of state legislation for the enhancement status, progress, and results of the 2. Within 30 days of the effective date of driver and vehicle safety including, projects or activities conducted of this agreement, GM and NHTSA for example, administrative license pursuant to this section. representatives will meet, at which time revocation laws and blood alcohol 7. GM’s commitment to expend these GM will provide NHTSA with a content laws (e.g., .08 BAC laws, zero funds is dependent upon DOT’s direct proposal identifying the facilities to be tolerance laws for youth), and for the or indirect support, through used and the research projects to be primary enforcement of seat belt laws; expenditures, grants to states and/or undertaken during the initial two-year (ii) public information and education other third parties, or otherwise, for period of activity. The NHTSA materials (including public service public education programs and representatives will promptly review announcements) on driver and vehicle activities at approximately equivalent GM’s proposal and provide safety (e.g., anti-drinking and driving levels. If DOT does not provide such recommendations and comments on it. messages, encouragement of seat belt support, GM and DOT will use their The NHTSA and GM representatives usage), particularly in support of best efforts to discuss, in good faith, will continue to meet and confer as is legislative and/or enforcement whether and how to redirect GM’s necessary to reach agreement on the campaigns and/or to publicize new or commitment of expenditures to other research projects. Thereafter, the existing laws, and development and alternative programs furthering motor NHTSA and GM representatives will distribution of special safety awareness vehicle safety to which DOT is meet periodically to review the status materials for targeted hard-to-reach committing funds at equivalent levels. and progress of the projects and to populations; and (iii) support of the D. Crash Test Dummy Research and consider any proposed modifications to Network of Employers for Traffic Safety Development those projects. (NETS) program and the Techniques for 3. Six months prior to the end of the Effective Alcohol Management (TEAM) 1. GM agrees to expend at least initial two-year period of activity, GM program. $6,500,000 within the five-year period will submit to NHTSA a description of 3. All public information and following the effective date of this the projects proposed to be funded education materials prepared by, or agreement in the area of research into during the subsequent three-year period. under contract to, GM shall be and development of crash test dummies. The parties shall then follow the submitted to NHTSA for its comments GM will expend approximately one-fifth procedures set forth in paragraph B. 2, and recommendations prior to their of this amount each year of the five-year above, in reaching agreement as to the issuance. GM will provide NHTSA with period. GM, with NHTSA’s projects for the subsequent period and a copy of all such finalized materials. concurrence, may alter the rate of in monitoring such projects. 4. Within 30 days of the effective date spending if doing so would further the 4. GM will provide NHTSA with such of this agreement, GM and NHTSA goals of this section. reports as may reasonably be required representatives will meet, at which time 2. Within 30 days of the effective date by NHTSA to inform NHTSA of the GM will provide NHTSA with a of this agreement, GM and NHTSA status, progress, and results of fire safety proposal for the projects and activities representatives will meet, at which time research projects conducted under this to be undertaken by GM during the first GM will provide NHTSA with a agreement. year for purposes of satisfying the proposal describing the projects and 5. All research undertaken pursuant requirements of this section. The activities to be undertaken by GM to this provision shall be submitted to NHTSA representatives will promptly during the first year for purposes of NHTSA and shall be made publicly review GM’s proposal and provide satisfying the requirements of this available. Neither GM nor any of its recommendations and comments on it. section. The NHTSA representatives 13754 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices will promptly review GM’s proposal experience in burn and/or trauma retain any proprietary interest in such and provide recommendations and research. Institutions selected as research. comments on it. The NHTSA and GM recipients of these funds shall use the F. Computer Modeling representatives will continue to meet funds for specific research projects and confer as is necessary to reach designed to advance medical science’s 1. GM agrees to expend $2,000,000 agreement on the projects or activities to understanding and treatment of burn or within the first year following the be undertaken. Thereafter, the NHTSA trauma injuries, particularly those effective date of this agreement in the and GM representatives will meet arising out of motor vehicle accidents. area of computer-based design modeling periodically to review the status and GM will donate approximately of accident-related injuries arising from progress of the projects or activities and $1,000,000 each year over the five-year fire, trauma, and exposure to toxic to consider any proposed modifications period to agreed-upon projects. GM, substances. GM agrees to expend an to those projects. with NHTSA’s concurrence, may alter additional $3,000,000 for these purposes 3. Sixty days prior to the end of the the rate of spending if doing so would over the subsequent three-year period. first year period of activity, and further the goals of this section. The parties expect that this activity will thereafter on an annual basis or on such 2. Within 60 days of the effective date assist in the development of more other basis as GM and NHTSA mutually of this agreement, GM and NHTSA effective crash test dummies. shall determine, GM shall submit to representatives will meet, at which time 2. Within 30 days of the effective date NHTSA a description of the projects and GM will provide NHTSA with a of this agreement, GM and NHTSA activities to be undertaken during the proposal identifying the institutions to representatives will meet, at which time following year or other agreed-upon be selected and the projects to be GM will provide NHTSA with a time period. The parties shall then undertaken during the first year for proposal describing the projects and follow the procedures set forth in purposes of satisfying the requirements activities to be undertaken by GM paragraph D.2 above in reaching of this section. The NHTSA during the initial one-year period of agreement as to the projects and representatives will promptly review activity for purposes of satisfying the activities for the subsequent period and GM’s proposal and provide requirements of this section. The in monitoring such projects and recommendations and comments on it. NHTSA representatives will promptly activities. The NHTSA and GM representatives review GM’s proposal and provide 4. GM will provide NHTSA with such will continue to meet and confer as is recommendations and comments on it. reports as may reasonably be required necessary to reach agreement on the The NHTSA and GM representatives by NHTSA to inform NHTSA of the institutions to be selected and the will continue to meet and confer as is status, progress, and results of crash projects to be undertaken. Thereafter, necessary to reach agreement on the dummy research and development the NHTSA and GM representatives will projects or activities to be undertaken. projects conducted pursuant to this meet periodically to review the status Thereafter, the NHTSA and GM agreement. and progress of the projects and to representatives will meet periodically to 5. All research undertaken pursuant consider any proposed modifications to review the status and progress of the to this provision shall be submitted to those projects. projects or activities and to consider any NHTSA and shall be made publicly 3. Sixty days prior to the end of the proposed modifications to those projects available. Neither GM nor any of its first year period of activity, and or activities. contractors or grantees shall be entitled thereafter on an annual basis or on such 3. Three months prior to the end of to receive or retain any proprietary other basis as GM and NHTSA mutually the initial one-year period of activity, interest in such research. shall determine, GM shall submit to GM will submit to NHTSA a description 6. GM’s commitment to expend these NHTSA a description of the projects and of the projects and activities proposed to funds is dependent upon DOT activities to be undertaken during the be funded during the subsequent three- supporting crash dummy research at following year or other agreed-upon year period. The parties shall then approximately equivalent levels. Such time period. The parties shall then follow the procedures set forth in support may include, but is not limited follow the procedures set forth in paragraph F.2, above, in reaching to grants and contracts, as well as direct paragraph E.2 above in reaching agreement as to the projects or activities and indirect expenditures, for agreement as to the projects for the for the subsequent period and in biomechanical testing, analytical subsequent period and in monitoring monitoring such projects or activities. modeling, dummy component such projects. 4. GM will provide NHTSA with such development, and accident data 4. The terms of any donation or grant progress reports as may reasonably be analyses. If DOT does not provide such shall require appropriate recordkeeping required by NHTSA to inform NHTSA support, GM and DOT will use their and reporting obligations, including of the status, progress, and results of best efforts to discuss, in good faith, progress reports, by the recipient such computer-based design modeling whether and how to redirect GM’s institutions sufficient to assure NHTSA projects conducted under this commitment to other alternative and GM that the funds are being agreement. programs furthering motor vehicle prudently spent for their intended 5. All research undertaken pursuant safety to which DOT is committing purposes, and that the objectives of the to this provision shall be submitted to funds at equivalent levels. research program are being realized. NHTSA and shall be made publicly 5. GM shall notify NHTSA of each available. Neither GM nor any of its E. Burn & Trauma Research donation or grant made by it and shall contractors or grantees shall be entitled 1. GM agrees to expend at least provide NHTSA with an annual to receive or retain any proprietary $5,000,000 within the five-year period summary of its donations under this interest in such research. following the effective date of this provision of the agreement. 6. GM’s commitment to expend the agreement to further research relating to 6. All research undertaken pursuant $3,000,000 for the latter three-year the causes and treatment of burns and to this provision shall be submitted to period is dependent on DOT, in good trauma. GM shall accomplish this task NHTSA and shall be made publicly faith, supporting these or similar by means of donations and/or grants to available. Neither GM nor any of its activities during the latter three-year one or more institutions with grantees shall be entitled to receive or period. DOT support may take the form Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13755 of, but is not limited to, grants and 5. All research undertaken pursuant United States; (iv) comply with NHTSA contracts, as well as direct and indirect to this provision shall be submitted to guidelines with respect to the expenditures, for computer modeling for NHTSA and shall be made publicly approximate mix of child safety seats side impact and frontal impact available. Neither GM nor any of its (e.g., infant, toddler, booster, special dummies. If DOT does not provide such contractors or grantees shall be entitled needs); (v) distribute all of the seats support, GM and DOT will use their to receive or retain any proprietary purchased with the funds provided by best efforts to discuss, in good faith, interest in such research. GM to the local agencies within 120 whether and how to redirect GM’s 6. GM’s commitment to expend these days of the receipt of the funds; (vi) commitment to other alternative funds is dependent upon DOT educate recipients of the seats as to programs furthering motor vehicle supporting driver impairment research methods of proper installation and use; safety to which DOT is committing at approximately equivalent levels. (vii) not use more than 10 percent of the funds at equivalent levels. Such support may include, but is not funds provided by GM for limited to, grants and contracts, as well administrative expenses related to G. Impairment Research as direct and indirect expenditures, for distribution of the seats; (viii) add the 1. GM agrees to expend at least research, and other activities which GM-provided funds to the total of its $5,000,000 within the five-year period further the development of facilities, existing funds spent on the distribution following the effective date of this tools or other means to support such of child safety seats to low-income agreement for research into the areas of research. If DOT does not provide such families and not divert any funds driver impairment, including but not support, GM and DOT will use their currently budgeted to such activities to limited to (i) the effects of aging, (ii) the best efforts to discuss, in good faith, other activities; (ix) allow the activities effects of alcohol, and (iii) the effects of whether and how to redirect GM’s conducted pursuant to this provision to the use of prescription and other lawful commitment to other alternative be audited by such third party as drugs. GM will expend approximately programs furthering motor vehicle selected by DOT; (x) acknowledge and one-fifth of this amount each year of the safety to which DOT is committing agree that such commitments and five-year period. GM, with NHTSA’s funds at equivalent levels. promises shall be enforceable; and (xi) concurrence, may alter the rate of H. Child Safety Seats acknowledge and agree that GM does spending if doing so would further the not assume or bear any responsibility goals of this section. 1. GM agrees to donate to one or more for the organization’s commitments, the 2. Within 30 days of the effective date qualified organizations at least selection of the safety seats actually of this agreement, GM and NHTSA $4,000,000 for the purchase and purchased or distributed, or the representatives will meet, at which time distribution of child safety seats during education of recipients of the seats as to GM will provide NHTSA with a the first year following the effective date proper use. proposal describing the projects and of this settlement agreement. GM shall 4. GM’s commitment to donate the activities to be undertaken by GM donate such funds in the approximate second $4,000,000 of funds during the during the first year for purposes of amount of $1,000,000 during each subsequent four-year period is satisfying the requirements of this quarter of that year. GM also agrees to dependent upon DOT’s expenditure of section. The NHTSA representatives donate at least $4,000,000 within the funds for the development and support will promptly review GM’s proposal subsequent four years to one or more of child safety seat loaner and give-away and provide recommendations and qualified organizations for the purchase programs during that period. If DOT comments on it. The NHTSA and GM and distribution of additional child makes such expenditures, GM shall representatives will continue to meet safety seats. donate funds in accordance with this and confer as is necessary to reach 2. DOT shall identify, on an ongoing section at equivalent levels as DOT until agreement on the projects or activities to basis so as to facilitate timely GM such time as GM’s total $8,000,000 be undertaken. Thereafter, the NHTSA donations, qualified organizations commitment is fulfilled. If DOT does and GM representatives will meet which DOT in its sole discretion deems not make such expenditures, DOT and periodically to review the status and appropriate to receive donations from GM will use their best efforts to discuss, progress of the projects or activities and GM for the purchase and distribution of in good faith, whether and how to to consider any proposed modifications child safety seats. GM, in its sole redirect GM’s commitment to other to those projects or activities. discretion, shall select from the list of alternative programs furthering motor 3. Sixty days prior to the end of the qualified organizations provided by vehicle safety to which DOT is first year period of activity, and DOT, the organization(s) to which it will committing funds at equivalent levels. thereafter on an annual basis or on such donate funds, and shall decide the exact Costs and expenses attributable to other basis as GM and NHTSA mutually amount of funds that each such DOT’s efforts in identifying qualified shall determine, GM shall submit to organization will receive. organizations shall not count as part of NHTSA a description of the projects and 3. In order to be identified by DOT as DOT’s expenditure of funds for activities to be undertaken during the a qualified organization, an organization purposes of this section. following year or other agreed-upon shall certify to DOT in writing that it time period. The parties shall then shall: (i) Work, through its state or local I. Dismissal of Lawsuit follow the procedures set forth in affiliates, with agencies such as Within five days after the execution of paragraph G.2 above in reaching children’s hospitals and health agencies this final settlement agreement, GM will agreement as to the projects or activities to identify families who could not dismiss General Motors Corporation v. for the subsequent period and in otherwise afford seats or who have Pen˜ a, C.A. No. 94–75668 E.D. Mich. monitoring such projects or activities. special needs; (ii) have an existing (filed Nov. 17, 1994) by filing a notice 4. GM will provide NHTSA with such loaner or give-away child safety seat of dismissal in the form attached as reports as may reasonably be required program or have staff trained in child Exhibit A. by NHTSA to inform NHTSA of the passenger safety issues; (iii) distribute status, progress, and results of driver the seats to low-income families and/or J. Pending Investigation impairment research projects conducted families with special needs across a 1. Within five days after the execution under this agreement. broad geographical area throughout the of this final settlement agreement, DOT 13756 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices will close its investigation into whether or implied, between them relating to materials produced or distributed by a the GM C/K pickup trucks contain a this subject matter, other than as herein third party (e.g., lobbying organization, defect related to motor vehicle safety set forth. This agreement is intended by AD Council, state or local government (EA 92–041). DOT will not, in the parties to be an integration of all agency) pursuant to this agreement connection with that investigation, seek prior or contemporaneous promises, shall, absent legal prohibition to the to have GM, either voluntarily or agreements, conditions, negotiations contrary, contain a source identification involuntarily, recall or take other field and undertakings between them. which identifies such third party as the action with respect to the C/K pickup B. This agreement may not be source of the materials in question. trucks. modified or amended except by an Public education materials produced 2. The initial decision of October 17, agreement in writing, signed by the and distributed directly by GM pursuant 1994, was not a final decision or final parties. to this agreement may contain a source finding of a defect and was subject to C. This settlement agreement, and any identification, assuming no other further review by DOT. DOT will not amendments or modifications thereto, appropriate third party source exists, reach a final decision in this matter as shall conform to and be carried out in which states discretely, ‘‘Brought to to whether the GM C/K pickup trucks accordance with all applicable laws and you, produced, or sponsored by the U.S. contain a defect related to motor vehicle regulations. GM and DOT shall work in Department of Transportation and safety. For procedural reasons, the good faith to ensure that any General Motors Corporation pursuant to initial decision will be vacated within amendments or modifications reflect an agreement between the parties.’’ five days after the execution of this final consistency with these principles. If any G. For the projects and activities settlement agreement. Within five days portion of this agreement or any encompassed by this agreement, GM’s after the execution of this agreement, amendment or modification is not expenditures may be made, where DOT will publish in the Federal consistent with applicable laws and appropriate, in the form of a Register and place in the public file for regulations, that portion shall be combination of money, facilities, human EA92–041 a closing memo indicating severable and the parties shall work in resources, salaries, and other things DOT’s reasons for entering into this good faith to restructure that portion of directly related to the performance of agreement and containing notice of the agreement consistent with the such projects and activities and valued vacation of DOT’s initial decision in the parties’ original intent. The remainder according to generally accepted matter. of this agreement and any amendment accounting principles. However, GM’s or modification shall continue to be expenditures may not include general II. Reporting and Recordkeeping binding on the parties. and administrative expenses attributable A. GM will certify its compliance D. The headings in the agreement are to GM corporate activities not directly with the terms and conditions of this for convenience only, and shall not related to the projects and activities settlement agreement (including limit or otherwise affect or describe the conducted under this agreement; nor without limitation the requirement that scope or intent of any of the terms may GM’s expenditures include indirect all expenditures shall be ‘‘new’’ as hereof or of any particular section costs, such as depreciation of facilities defined in section III.E below), shall thereof. Any references to ‘‘NHTSA’’ in and equipment, amortization of maintain such records as are necessary this agreement shall mean the National intangible rights, and insurance of all to demonstrate its compliance, and shall Highway Traffic Safety Administration types, not directly related to the projects make such records available as may be or its successor(s). and activities conducted under this reasonably required by DOT. E. GM’s financial obligations agreement. Furthermore, costs and B. In addition to the requirements hereunder shall represent, in all expenses attributed to the development contained in the above provisions, GM instances, new expenditures not of GM’s proposals pursuant to will provide annual reports to NHTSA heretofore provided for in any approved paragraphs B.2, B.3, C.4, C.5, D.2, D.3, within 30 days following the end of GM budget or otherwise planned (prior E.2, E.3, F.2, F.3, G.2, and G.3 of Part I each one- year period after the effective to the execution of the parties’ of this settlement agreement shall not be date of this agreement, until the terms December 2, 1994 letter agreement) to be used by GM to fulfill its financial of the agreement are satisfied, undertaken by GM during the period of commitments. describing how GM is meeting its this settlement agreement. Annually H. This settlement agreement reflects commitments and obligations under this repeated expenditures, e.g., annual the parties’ desire to fully and agreement. Each annual report shall contributions to charities or lobbying completely settle the current contain information relating to the organizations, made or committed to by investigation by DOT into an alleged nature and levels of expenditures for all GM prior to the execution of the parties’ defect of 1970–91 full-sized GM pickup projects undertaken pursuant to this December 2, 1994, letter agreement, trucks. Nonetheless, DOT reserves the settlement agreement, including the shall not count as new expenditures right at any time, based on new methodology for computing the value of except those portions, if any, of such information, to open a new defect GM’s contributions. expenditures that are over and above investigation with respect to whether C. Upon request, DOT will make such annually repeated expenditure the GM C/K pickup trucks contain available to GM information to confirm amounts. defect(s) related to motor vehicle safety. that DOT has provided support to F. Research reports submitted to Nothing in this agreement shall nullify certain projects as specified in Part I of NHTSA by or on behalf of GM and made any obligation the Secretary may have this settlement agreement. publicly available pursuant to this under law to consider new evidence agreement may, consistent with that was not part of the administrative III. General Provisions applicable law, identify GM as a source record in this case. If a subsequent A. This agreement contains the entire or sponsor of the report by stating that defect investigation involving the same agreement between the parties regarding the report was financed, produced, or alleged safety defect in the C/K trucks the subject matter. There are no prepared, as applicable, ‘‘by GM is opened, any unfulfilled commitments promises, agreements, conditions, pursuant to an agreement between GM by GM under this agreement shall undertakings, warranties or and the U.S. Department of become null and void and GM shall not representations oral or written, express Transportation.’’ Public education be deemed to have waived, by reason of Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13757 the execution of this agreement, any proposal that falls within the applicable settlement agreement shall constitute an defense to or argument against any description of activities and otherwise admission by either party concerning its action by NHTSA, DOT or the Secretary. reasonably furthers the goals of the claims or defenses. I. The provisions regarding the section in question. N. This settlement agreement is redirection of funds, which appear in K. All questions with respect to the entered into solely for the purposes of paragraphs C.7, D.6, F.6, G.6, and H.4 of construction of this agreement and the settling the matters described herein Part I of this agreement, are intended by rights and liabilities of the parties shall and shall not confer any rights or be determined in accordance with the GM and DOT to require both parties to benefits upon persons who are not laws of the United States. act in good faith to consider alternative parties to this agreement. L. GM and DOT agree that this programs of mutual interest in motor settlement agreement shall constitute a IV. Effective Date vehicle safety to which the funds may binding and enforceable contractual be redirected and to reflect a strong agreement upon GM and DOT and any The effective date of this agreement presumption that the funds in question successor corporations or agencies. In shall be March 7, 1995. will be redirected to such alternative the event of a breach of this agreement, Agreed to by: programs. either party may institute a civil action Dated: March 6, 1995. J. In attempting to reach agreement on in the United States District Court for John F. Smith, the projects or activities to be the District of Columbia to enforce the Chief Executive Officer and President, undertaken or financed by GM pursuant terms of this agreement or to seek other General Motors Corporation. to sections C, D, F, and G of Part I of appropriate relief. Dated: March 7, 1995. this agreement, the parties shall meet M. By entering into this settlement Federico Pen˜ a, and confer in the utmost good faith and agreement, neither GM nor DOT NHTSA shall not unreasonably concedes the validity of each other’s Secretary, Department of Transportation. withhold its agreement to a GM claims or defenses, and nothing in this BILLING CODE 4910±59±P 13758 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices [FR Doc. 95–6138 Filed 3–10–95; 8:45 am] BILLING CODE 4910±59±p Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13759 [Docket No. 95±15; Notice 1] all applicable Federal motor vehicle Passenger Cars: Installation of a tire safety standards based on destructive information placard. Receipt of Petition for Decision That test data or such other evidence as Standard No. 123 Motorcycle Controls Nonconforming 1985 Suzuki GS850 NHTSA decides to be adequate. and Displays: (a) Installation of an Motorcycles Are Eligible for Petitions for eligibility decisions may illuminated speedometer, calibrated in Importation be submitted by either manufacturers or miles per hour; (b) installation of AGENCY: National Highway Traffic importers who have registered with approve symbols on controls for Safety Administration, DOT. NHTSA pursuant to 49 CFR Part 592. As supplemental engine stop, turn signal, ACTION: Notice of receipt of petition for specified in 49 CFR 593.7, NHTSA headlamp, and horn. decision that nonconforming 1985 publishes notice in the Federal Register Standard No. 205 Glazing Materials: Suzuki GS850 motorcycles are eligible of each petition that it receives, and Installation of a windscreen with DOT for importation. affords interested persons an markings. opportunity to comment on the petition. Interested persons are invited to SUMMARY: This notice announces receipt At the close of the comment period, submit comments on the petition by the National Highway Traffic Safety NHTSA decides, on the basis of the described above. Comments should refer Administration (NHTSA) of a petition petition and any comments that it has to the docket number and be submitted for a decision that a 1985 Suzuki GS850 received, whether the vehicle is eligible to: Docket Section, National Highway that was not originally manufactured to for importation. The agency then Traffic Safety Administration, Room comply with all applicable Federal publishes this decision in the Federal 5109, 400 Seventh Street, SW, motor vehicle safety standards is Register. Washington, DC 20590. It is requested eligible for importation into the United G&K Automotive Conversion, Inc. of but not required that 10 copies be States because it has safety features that Santa Ana, California (Registered submitted. comply with, or are capable of being Importer No, R–90–007) has petitioned All comments received before the altered to comply with, all such NHTSA to decide whether 1985 Suzuki close of business on the closing date standards. GS850 motorcycles are eligible for indicated above will be considered, and DATES: The closing date for comments importation into the United States. The will be available for examination in the on the petition is on April 13, 1995. petitioner contends that this vehicle is docket at the above address both before ADDRESSES: Comments should refer to eligible for importation under 49 U.S.C. and after that date. To the extent the docket number and notice number, 30141(a)(1)(B) because it has safety possible, comments filed after the and be submitted to: Docket Section, features that comply with, or are closing date will also be considered. Room 5109, National Highway Traffic capable of being altered to comply with, Notice of final action on the petition Safety Administration, 400 Seventh St., all applicable Federal motor vehicle will be published in the Federal SW, Washington, DC 20590. [Docket safety standards. Register pursuant to the authority hours are from 9:30 am to 4 pm]. Specifically, the petitioner claims that indicated below. FOR FURTHER INFORMATION CONTACT: the 1985 Suzuki GS850 has safety Authority: 49 U.S.C. 30141 (a)(1)(B) and Ted Bayler, Office of Vehicle Safety features that comply with Standards (b)(1); 49 CFR 593.8; delegations of authority Compliance, NHTSA (202–366–5306). Nos. 106 Brake Hoses, 116 Brake Fluids, at 49 CFR 1.50 and 501.8. SUPPLEMENTARY INFORMATION: 119 New Pneumatic Tires for Vehicles Issued on March 8, 1995. other than Passenger Cars, and 122 Harry Thompson, Background Motorcycle Brake Systems. Acting Director, Office of Vehicle Safety Under 49 U.S.C. 30141(a)(1)(A) The petitioner further contends that Compliance. (formerly section 108(c)(3)(A)(i)(I) of the the vehicle is capable of being readily [FR Doc. 95–6147 Filed 3–13–95; 8:45 am] National Traffic and Motor Vehicle altered to meet the following standards, BILLING CODE 4910±59±M Safety Act (the Act)), a motor vehicle in the manner indicated: that was not originally manufactured to Standard No. 108 Lamps, Reflective conform to all applicable Federal motor Devices, and Associated Equipment: (a) [Docket No. 95±14; Notice 1] vehicle safety standards shall be refused Installation of headlamps with DOT Receipt of Petition for Decision That admission into the United Sates unless markings; (b) installation of stoplamp Nonconforming 1973 Lancia Fulvia 1.3 NHTSA has decided that the motor and taillamp lenses with DOT markings; S 2-Door Coupes Are Eligible for vehicle is substantially similar to a (c) installation of turn signal lamps and Importation motor vehicle originally manufactured lenses with DOT markings; (d) for importation into and sale in the installation of amber front and red rear AGENCY: National Highway Traffic United States, certified under 49 U.S.C. reflectors with DOT markings; (e) Safety Administration, DOT. 30115 (formerly section 114 of the Act), installation of a white license plate ACTION: Notice of receipt of petition for and of the same model year as the lamp and lens with DOT markings; (f) decision that nonconforming 1973 model of the motor vehicle to be rewiring of the ignition switch so that Lancia Fulvia 1.3 S 2-Door Coupe compared, and is capable of being the headlamp and taillamp are passenger cars are eligible for readily altered to conform to all illuminated when the ignition is turned importation. applicable Federal motor vehicle safety on. standards. Where there is no Standard No. 111 Rearview Mirrors: SUMMARY: This notice announces receipt substantially similar U.S.-certified Installation of rearview mirrors with by the National Highway Traffic Safety motor vehicle, 49 U.S.C. 30141(a)(1)(B) DOT markings. Administration (NHTSA) of a petition (formerly section 108(c)(3)(A)(i)(II) of Standard No. 115 Vehicle for a decision that a 1973 Lancia Fulvia the Act, 15 U.S.C. 1397(c)(3)(A)(i)(II)) Identification Number: Installation of a 1.3 S 2-Door Coupe that was not permits a nonconforming motor vehicle VIN plate and VIN reference label on the originally manufactured to comply with to be admitted into the United States if vehicle. all applicable Federal motor vehicle its safety features comply with, or are Standard No. 120 Tire Selection and safety standards is eligible for capable of being altered to comply with, Rims for Motor Vehicles other than importation into the United States 13760 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices because it has safety features that G&K Automotive Conversion, Inc. of reference label on the edge of the door comply with, or are capable of being Santa Ana, California (Registered or latch post nearest the driver. altered to comply with, all such Importer No. R–90–007) has petitioned Standard No. 116 Brake Fluids: standards. NHTSA to decide whether 1973 Lancia Installation of a label with required DATES: The closing date for comments Fulvia 1.3 S 2-Door Coupes are eligible information near the brake fluid cap. on the petition is on April 13, 1995. for importation into the United States. Standard No. 208 Occupant Crash The petitioner contends that this vehicle Protection: Installation of a seat belt ADDRESSES: Comments should refer to is eligible for importation under 49 warning system and light. the docket number and notice number, U.S.C. § 30141(a)(1)(B) because it has Standard No. 214 Side Impact and be submitted to: Docket Section, safety features that comply with, or are Protection: Installation of reinforcing Room 5109, National Highway Traffic capable of being altered to comply with, beams. Safety Administration, 400 Seventh St., all applicable Federal motor vehicle Additionally, the petitioner claims SW, Washington, DC 20590. [Docket safety standards. that the bumpers on the 1973 Lancia hours are from 9:30 am to 4 pm.] Specifically, the petitioner claims that Fulvia 1.3 S 2-Door Coupe must be FOR FURTHER INFORMATION CONTACT: the 1973 Lancia Fulvia 1.3 S 2-Door reinforced to comply with the Bumper Ted Bayler, Office of Vehicle Safety Coupe has safety features that comply Standard found in 49 CFR Part 581. Compliance, NHTSA (202–366–5306). with Standards Nos. 102 Transmission Interested persons are invited to SUPPLEMENTARY INFORMATION: Shift Lever Sequence . . . ., 103 submit comments on the petition Defrosting and Defogging Systems, 104 described above. Comments should refer Background Windhsield Wiping and Washing to the docket number and be submitted Under 49 U.S.C. 30141(a)(1)(A) Systems, 105 Hydraulic Brake Systems, to: Docket Section, National Highway (formerly section 108(c)(3)(A)(i)(I) of the 106 Brakes Hoses, 107 Reflecting Traffic Safety Administration, Room National Traffic and Motor Vehicle Surfaces, 109 New Pneumatic Tires, 111 5109, 400 Seventh Street, SW, Safety Act (the Act)), a motor vehicle Rearview Mirrors, 113 Hood Latch Washington, DC 20590. It is requested that was not originally manufactured to Systems, 201 Occupant Protection in but not required that 10 copies be conform to all applicable Federal motor Interior Impact, 202 Head Restraints, submitted. vehicle safety standards shall be refused 203 Impact Protection for the Driver All comments received before the admission into the United States unless From the Steering Control System, 204 close of business on the closing date NHTSA has decided that the motor Steering Control Rearward indicated above will be considered, and vehicle is substantially similar to a Displacement, 205 Glazing Materials, will be available for examination in the motor vehicle originally manufactured 206 Door Locks and Door Retention docket at the above address both before for importation into and sale in the Components, 207 Seating Systems, 209 and after that date. To the extent United States, certified under 49 U.S.C. Seat Belt Assemblies, 210 Seat Belt possible, comments filed after the 30115 (formerly section 114 of the Act), Assembly Anchorages, 211 Wheel Nuts, closing date will also be considered. and of the same model year as the Wheel Discs and Hubcaps, 212 Notice of final action on the petition model of the motor vehicle to be Windshield Retention, 301 Fuel System will be published in the Federal compared, and is capable of being Integrity, and 302 Flammability of Register pursuant to the authority readily altered to conform to all Interior Materials. indicated below. applicable Federal motor vehicle safety The petitioner further contends that Authority: 49 U.S.C. 30141 (a)(1)(B) and standards. Where there is no the vehicle is capable of being readily (b)(1); 49 CFR 593.8; delegations of authority substantially similar U.S.—certified altered to meet the following standards, at 49 CFR 1.50 and 501.8. motor vehicle, 49 U.S.C. 30141(a)(1)(B) in the manner indicated: Issued on March 8, 1995. (formerly section 108(c)(3)(A)(i)(II) of Standard No. 101 Controls and Harry Thompson, the Act, 15 U.S.C. 1397(c)(3)(A)(i)(II)) Displays: (a) Substitution of a lens Acting Director, Office of Vehicle Safety permits a nonconforming motor vehicle marked ‘‘Brake’’ for a lens with an ECE Compliance. to be admitted into the United States if symbol on the brake failure indicator [FR Doc. 95–6148 Filed 3–13–95; 8:45 am] its safety features comply with, or are lamp; (b) placement of approved BILLING CODE 4910±59±M capable of being altered to comply with, symbols on the controls for the lights, all applicable Federal motor vehicle hazard warning flasher, windshield safety standards based on destructive washer, and windshield wipers. [Docket No. 95±10; Notice 2] test data or such other evidence as Standard No. 108 Lamps, Reflective Receipt of Petition for Decision That NHTSA decides to be adequate. Devices, and Associated Equipment: (a) Nonconforming 1973 Dodge Colt 2- Petitions for eligibility decisions may Installation of sealed beam headlamps Door Coupe Passenger Cars Are be submitted by either manufacturers or and front sidemarkers with a DOT Eligible for Importation importers who have registered with marking; (b) installation of taillamp NHTSA pursuant to 49 CFR Part 592. As lenses and rear sidemarkers with a DOT AGENCY: National Highway Traffic specified in 49 CFR 593.7, NHTSA marking. Safety Administration, DOT. publishes notice in the Federal Register Standards No. 110 Tire Selection and ACTION: Notice of receipt of petition for of each petition that it receives, and Rims: Installation of a tire information decision that nonconforming 1973 affords interested persons an placard. Dodge Colt 2-Door Coupe passenger cars opportunity to comment on the petition. Standard No. 114 Theft Protection: are eligible for importation. At the close of the comment period, Installation of a buzzer microswitch in NHTSA decides, on the basis of the the steering lock assembly, and a SUMMARY: This notice announces receipt petition and any comments that it has warning buzzer. by the National Highway Traffic Safety received, whether the vehicle is eligible Standard No. 115 Vehicle Administration (NHTSA) of a petition for importation. The agency then Identification Number: Installation of a for a decision that a 1973 Dodge Colt 2- publishes this decision in the Federal VIN plate that can be read from outside Door Coupe that was not originally Register. the left windshield pillar, and a VIN manufactured to comply with all Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13761 applicable Federal motor vehicle safety importation into the United States. The installation of U.S.-model taillamp standards is eligible for importation into vehicle which G&K believes is lenses and rear sidemarkers. the United States because (1) it is substantially similar is the 1973 Dodge Standard No. 110 Tire Selection and substantially similar to a vehicle that Colt 2-Door Coupe that was Rims: Installation of a tire information was originally manufactured for manufactured for importation into, and placard. importation into and sale in the United sale in, the United States and certified States and that was certified by its by its manufacturer, Mitsubishi Motors Standard No. 114 Theft Protection: manufacturer as complying with the Corporation, as conforming to all Installation of a warning buzzer safety standards, and (2) it is capable of applicable Federal motor vehicle safety microswitch and a warning buzzer in being readily altered to conform to the standards. the steering lock assembly. standards. The petitioner claims that it carefully Standard No. 115 Vehicle DATES: The closing date for comments compared the non-U.S. certified 1973 Identification Number: installation of a on the petition is on April 13, 1995. Dodge Colt 2-Door Coupe to its U.S. VIN plate that can be read from outside ADDRESSES: Comments should refer to certified counterpart, and found the two the left windshield pillar, and a VIN the docket number and notice number, vehicles to be substantially similar with reference label on the edge of the door and be submitted to: Docket Section, respect to compliance with most Federal or latch post nearest the driver. Room 5109, National Highway Traffic motor vehicle safety standards. Standard No. 116 Brake Fluid: Safety Administration, 400 Seventh St., G&K submitted information with its Placement of a label containing required SW, Washington, DC 20590. [Docket petition intended to demonstrate that information on or near the brake fluid hours from 9:30 a.m. to 4 p.m.] the non-U.S. certified 1973 Dodge Colt cap. 2-Door Coupe, as originally FOR FURTHER INFORMATION CONTACT: Ted Standard No. 208 Occupant Crash manufactured, conforms to many Bayler, Office of Vehicle Safety Protection: Installation of a seat belt Federal motor vehicle safety standards Compliance, NHTSA (202–366–5306). warning light and buzzer. in the same manner as its U.S. certified SUPPLEMENTARY INFORMATION: counterpart, or is capable of being Standard No. 214 Side Impact Background readily altered to conform to those Protection: Installation of a seat belt Under 49 U.S.C. 30141(a)(1)(A) standards. warning light and buzzer. (formerly section 108(c)(A)(i)(I) of the Specifically, the petitioner claims that Standard No. 214 Side Impact National Traffic and Motor Vehicle the non-U.S. certified 1973 Dodge Colt Protection: Installation of reinforcing Safety Act (the Act)), a motor vehicle 2-Door Coupe is identical to its U.S. beams. that was not originally manufactured to certified counterpart with respect to Additionally, the petitioner states that conform to all applicable Federal motor compliance with Standards Nos. 102 the bumpers on the non-U.S. certified vehicle safety standards shall be refused Transmission Shift Lever Sequence 1973 Dodge Colt 2-Door Coupe must be admission into the United States unless * * * ., 103 Defrosting and Defogging reinforced to comply with the Bumper NHTSA has decided that the motor Systems, 104 Windshield Wiping and Standard found in 49 CFR Part 581. vehicle is substantially similar to a Washing Systems, 105 Hydraulic Brake Interested persons are invited to motor vehicle originally manufactured Systems, 106 Brake Hoses, 107 submit comments on the petition for importation into and sale in the Reflecting Surfaces, 109 New Pneumatic described above. Comments should refer United States, certified under 49 U.S.C. Tires, 111 Rearview Mirror, 113 Hood to the docket number and be submitted 30115 (formerly section 114 of the Act), Latch Systems, 201 Occupant Protection to: Docket Section, National Highway and of the same model year as the in Interior Impact, 202 Head Restraints, Traffic Safety Administration, Room model of the motor vehicle to be 203 Impact Protection for the Driver 5109, 400 Seventh Street, S.W., compared, and is capable of being From the Steering Control System, 204 Washington, DC 20590. It is requested readily altered to conform to all Steering Control Rearward but not required that 10 copies be applicable Federal motor vehicle safety Displacement, 205 Glazing Materials, submitted. standards. 206 Door Locks and Door Retention Petitions for eligibility decisions may Components, 207 Seating Systems, 209 All comments received before the be submitted by either manufacturers or Seat Belt Assemblies, 210 Seat Belt close of business on the closing date importers who have registered with Assembly Anchorages, 211 Wheel Nuts, indicated above will be considered, and NHTSA pursuant to 49 CFR part 592. As Wheel Discs and Hubcaps, 212 will be available for examination in the specified in 49 CFR 593.7, NHTSA Windshield Retention, 301 Fuel System docket at the above address both before publishes notice in the Federal Register Integrity, and 302 Flammability of and after that date. To the extent of each petition that it receives, and Interior Materials. possible, comments filed after the affords interested persons an Petitioner also contends that the closing date will be considered. Notice opportunity to comment on the petition. vehicle is capable of being readily of final action on the petition will be At the close of the comment period, altered to meet the following standards, published in the Federal Register NHTSA decides, on the basis of the in the manner indicated: pursuant to the authority indicated petition and any comments that it has Standard No. 101 Controls and below. received, whether the vehicle is eligible Displays: (a) Inscription of the word Authority: 49 U.S.C. 30141(a)(1)(A) and for importation. The agency then ‘‘Brake’’ on the brake failure indicator (b)(1); 49 CFR 593.8; delegations of authority publishes this decision in the Federal lamp lens; (b) placement of the required at 49 CFR 1.50 and 501.8. symbols on the controls for lights, Register. Issued on March 8, 1995. G&K Automotive Conversion, Inc. of hazard warning flasher, windshield Santa Ana, California (‘‘G&K’’) washer, and windshield wipers. Harry Thompson, (Registered Importer 90–007) has Standard No. 108 Lamps, Reflective Acting Director, Office of Vehicle Safety petitioned NHTSA to decide whether Devices and Associated Equipment: (a) Compliance. 1973 Dodge Colt 2-Door Coupe Installation of U.S.-model sealed beam [FR Doc. 95–6149 Filed 3–13–95; 8:45 am] passenger cars are eligible for headlamps and front sidemarkers; (b) BILLING CODE 4190±59±M 13762 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices [Docket No. 74±40; Notice 8] publishes updated annual data in the percent lower (better) than average. The Notices section of the Federal Register. table does not include information Insurance Cost Information Regulation Booklets reflecting the updated data about new models, models that have AGENCY: National Highway Traffic must be available for distribution to been substantially redesigned, and Safety Administration (NHTSA), DOT. prospective purchasers without charge models without enough claim ACTION: Notice of text and data for 1995 within 30 days from the date of experience. insurance cost information booklet. publication of the data in the Federal Although many insurance companies Register. use the HLDI information to adjust the SUMMARY: This notice provides the 1995 NHTSA has mailed a sample copy of ‘‘base rate’’ for the collision portion of text and data that new car dealers must the 1995 booklet to each dealer on the their insurance premiums, the amount include in an insurance cost mailing list that the Department of of any such adjustment is usually small. information booklet that they must Energy uses to distribute the ‘‘Gas It is unlikely that your total premium make available to prospective Mileage Guide.’’ Dealers will have the will vary more than ten percent purchasers, pursuant to 49 CFR 582.4. responsibility of reproducing a depending upon the collision loss This information may assist prospective sufficient number of copies of the experience of a particular vehicle. If you purchasers in comparing differences in booklet to assure that they are available do not purchase collision coverage or passenger vehicle collision loss for retention by prospective purchasers your insurance company does not use experience that could affect auto by April 13, 1995. Dealers who do not the HLDI information, your premium insurance costs. receive a copy of the booklet within 15 will not vary at all in relation to these FOR FURTHER INFORMATION CONTACT: Mr. days of the date of this notice should rankings. Orron Kee, Office of Market Incentives, contact Mr. Orron Kee of NHTSA’s In addition, different insurance NHTSA, 400 Seventh Street SW., Office of Market Incentives ((202) 366– companies often charge different Washington, DC 20590 (202–366–0846). 0846) to receive a copy of the booklet premiums for the same driver and SUPPLEMENTARY INFORMATION: Pursuant and to be added to the mailing list. vehicle. Therefore, you should contact to section 201 (e) of the Motor Vehicle The required text and data are as insurance company agents directly to Information and Cost Savings Act, 15 follows: determine the actual premium that you U.S.C. 1941 (e), on March 5, 1993, 58 FR Comparison of Differences in Insurance will be charged for insuring a particular 12545, the National Highway Traffic Costs for Passenger Motor Vehicles on vehicle. Safety Administration (NHTSA) the Basis of Damage Susceptibility Please Note: In setting insurance amended 49 CFR Part 582, Insurance Cost Information Regulation, to require February 1995. premiums, insurance companies mainly dealers of new automobiles to distribute The National Highway Traffic Safety rely on factors that are not directly to prospective customers information Administration (NHTSA) has provided related to the vehicle itself (except for that compares differences in insurance the information in this booklet in its value). Rather, they mainly consider costs of different makes and models of compliance with Federal law as an aid driver characteristics (such as age, passenger cars based on differences in to consumers considering the purchase gender, marital status, and driving damage susceptibility. On March 17, of a new vehicle. The booklet compares record), the geographic area in which 1994, NHTSA denied a petition differences in insurance costs for the vehicle is driven, how many miles submitted by the National Automobile different makes and models of passenger are traveled, and how the vehicle is Dealers Association (NADA) for NHTSA cars on the basis of damage used. Therefore, to obtain complete to reconsider Part 582 insofar as it susceptibility. However, it does not information about insurance premiums, requires new automobile dealers to indicate a vehicle’s relative safety. you should contact insurance prepare the requisite number of copies The following table contains the best companies directly. for distribution of the insurance cost available information regarding the Insurance companies do not generally information to prospective purchasers effect of damage susceptibility on adjust their premiums on the basis of (59 FR 13630). On March 22, 1994, insurance premiums. It was taken from data reflecting the crashworthiness of NHTSA published a Notice of Proposed data compiled by the Highway Loss different vehicles. However, some Rulemaking (NPRM) to amend Part 582 Data Institute (HLDI) in its December companies adjust their premiums for in a number of respects (59 FR 13634). 1994 Insurance Collision Report, and personal injury protection and medical NHTSA is currently considering the reflects the collision loss experience of payments coverage if the insured comments received in response to that passenger vehicles sold in the United vehicle has features that are likely to NPRM, and the publication of today’s States in terms of the average loss improve its crashworthiness, such as air Notice, which is statutorily mandated, payment per insured vehicle year for bags and automatic seat belts. should not be construed as implying model years 1992–1994. NHTSA has not Test data relating to vehicle any agency decision on the pending verified the data in this table. crashworthiness are available from NPRM. The table presents vehicles’ collision NHTSA’s New Car Assessment Program Pursuant to 49 CFR 582.4, new loss experience in relative terms, with (NCAP). NCAP test results demonstrate automobile dealers are required to make 100 representing the average for all relative frontal crash protection in new available to prospective purchasers passenger vehicles. Thus, a rating of 122 vehicles. Information on vehicles that booklets that include this comparative reflects a collision loss experience that NHTSA has tested in the NCAP program information as well as certain is 22 percent higher (worse) than can be obtained by calling the agency’s mandatory explanatory text that is set average while a rating of 96 reflects a toll-free Auto Safety Hotline at (800) out in § 582.5. Early each year, NHTSA collision loss experience that is 4 424–9393. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13763 COLLISION INSURANCE LOSSES, MODEL YEAR 1992±94 PASSENGER MOTOR VEHICLES* Relative loss Make Model payment Small CarsÐTwo-Door Models Average for small two-door models ...... 123 Subaru ...... Justy ...... 91 Suzuki ...... Swift ...... 104 Saturn ...... SC ...... 106 Toyota ...... Tercel ...... 110 Dodge ...... Shadow ...... 115 Mitsubishi ...... Precis ...... 115 Plymouth ...... Laser ...... 115 Mazda ...... 323 ...... 116 Geo ...... Metro ...... 116 Plymouth ...... Sundance ...... 117 Mitsubishi ...... Eclipse ...... 121 Plymouth ...... Laser 4WD ...... 123 Mitsubishi ...... Eclipse 4WD ...... 125 Eagle ...... Talon ...... 125 Hyundai ...... Excel ...... 128 Ford ...... Escort ...... 135 Toyota ...... Paseo ...... 138 Nissan ...... Sentra ...... 142 Eagle ...... Talon 4WD ...... 145 Nissan ...... 240SX Conv...... 150 Hyundai ...... Scoupe ...... 154 Mitsubishi ...... Mirage ...... 169 Volkswagen ...... Corrado ...... 247 Four-Door Models Average for small four-door models ...... 110 Mercury ...... Tracer ...... 93 Subaru ...... Impreza 4WD ...... 95 Ford ...... Escort ...... 100 Dodge ...... Shadow ...... 102 Plymouth ...... Sundance ...... 108 Geo ...... Metro ...... 109 Suzuki ...... Swift ...... 114 Geo ...... Prizm ...... 116 Toyota ...... Tercel ...... 117 Subaru ...... Impreza ...... 119 Nissan ...... Sentra ...... 119 Toyota ...... Corolla ...... 121 Volkswagen ...... Golf III ...... 122 Volkswagen ...... Jetta III ...... 123 Mazda ...... Protege ...... 127 Hyundai ...... Excel ...... 131 Hyundai ...... Elantra ...... 147 Station Wagons/Passenger Vans Average for small station wagons/passenger vans ...... 79 Subaru ...... Loyale 4WD ...... 74 Subaru ...... Impreza 4WD ...... 79 Subaru ...... Impreza ...... 83 Ford ...... Escort ...... 85 Mercury ...... Tracer ...... 86 Toyota ...... Corolla ...... 101 Sports Models Average for small sports models ...... 144 Mazda ...... MX±5 Miata Conv ...... 91 Mercedes ...... SL Class Conv ...... 101 Mercury ...... Capri Conv ...... 113 Honda ...... Civic Del Sol. Conv ...... 116 Chevrolet ...... Corvette Conv ...... 134 Dodge ...... Stealth ...... 138 Porsche ...... 911 Targa/Coupe ...... 140 Chevrolet ...... Corvette ...... 147 Mitsubishi ...... 3000 GT ...... 152 13764 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices COLLISION INSURANCE LOSSES, MODEL YEAR 1992±94 PASSENGER MOTOR VEHICLES*ÐContinued Relative loss Make Model payment Toyota ...... MR2 ...... 157 Alpha Romeo ...... Spider Conv ...... 171 Saab ...... 900 Convertible ...... 181 Porsche ...... 968 Coupe ...... 203 Nissan ...... 300ZX ...... 218 Nissan ...... 300ZX Conv ...... 244 Dodge ...... Stealth 4WD ...... 256 Mazda ...... RX±7 Coupe ...... 282 Mitsubishi ...... 3000 GT 4WD ...... 286 Porsche ...... 911 Convertible ...... 324 Midsize CarsÐTwo-Door Models Average for midsize two-door models ...... 109 Oldsmobile ...... Cutlass Supreme ...... 68 Oldsmobile ...... Achieva ...... 70 Oldsmobile ...... Cutlass Supreme Conv ...... 71 Buick ...... Regal ...... 81 Chevrolet ...... Lumina ...... 83 Pontiac ...... Grand Am ...... 92 Pontiac ...... Grand Prix ...... 92 Chevrolet ...... Cavalier ...... 97 Pontiac ...... Sunbird Convertible ...... 99 Pontiac ...... Sunbird ...... 99 Honda ...... Accord ...... 100 Chevrolet ...... Cavalier Convertible ...... 101 Mercury ...... Topaz ...... 101 Ford ...... Tempo ...... 104 Toyota ...... Camry ...... 105 Chrysler ...... LeBaron Convertible ...... 107 Honda ...... Civic ...... 112 Chevrolet ...... Beretta ...... 116 Honda ...... Civic Coupe ...... 130 Mazda ...... MX±6 ...... 140 Acura ...... Integra ...... 145 Toyota ...... Celica ...... 149 Honda ...... Prelude ...... 156 Ford ...... Probe ...... 159 Four-Door Models Average for midsize 4-door models ...... 91 Buick ...... Skylark ...... 56 Chevrolet ...... Lumina ...... 62 Oldsmobile ...... Cutlass Supreme ...... 62 Oldsmobile ...... Achieva ...... 67 Buick ...... Regal ...... 67 Buick ...... Century ...... 68 Oldsmobile ...... Cutlass Ciera ...... 77 Chrysler ...... LeBaron ...... 77 Pontiac ...... Grand Prix ...... 80 Dodge ...... Spirit ...... 80 Pontiac ...... Grand Am ...... 81 Ford ...... Taurus ...... 81 Plymouth ...... Acclaim ...... 82 Mercury ...... Sable ...... 83 Saturn ...... SL ...... 83 Ford ...... Tempo ...... 87 Chevrolet ...... Cavalier ...... 87 Chevrolet ...... Corsica ...... 92 Pontiac ...... Sunbird ...... 93 Honda ...... Accord ...... 93 Nissan ...... Altima ...... 99 Mitsubishi ...... Diamante ...... 101 Subaru ...... Legacy ...... 103 Toyota ...... Camry ...... 104 Subaru ...... Legacy 4WD ...... 104 Honda ...... Civic ...... 107 Mitsubishi ...... Galant ...... 113 Infiniti ...... G20 ...... 114 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13765 COLLISION INSURANCE LOSSES, MODEL YEAR 1992±94 PASSENGER MOTOR VEHICLES*ÐContinued Relative loss Make Model payment Volvo ...... 850 ...... 117 Mercury ...... Topaz ...... 119 Hyundai ...... Sonata ...... 121 Nissan ...... Maxima ...... 123 Mazda ...... 626 ...... 125 Acura ...... Integra ...... 127 Lexus ...... ES 300 ...... 127 Saab ...... 900 ...... 139 Audi ...... 90 ...... 143 Volkswagen ...... Passat ...... 146 Station-Wagons/Passenger Vans Average for midsize station wagons/passenger vans ...... 80 Buick ...... Century ...... 55 Honda ...... Accord ...... 61 Mitsubishi ...... Diamante ...... 64 Oldsmobile ...... Cutlass Ciera ...... 64 Subaru ...... Legacy ...... 70 Saturn ...... SW ...... 71 Chevrolet ...... Cavalier ...... 75 Ford ...... Taurus ...... 76 Mercury ...... Sable ...... 77 Subaru ...... Legacy 4WD ...... 99 Volvo ...... 850 ...... 100 Volkswagen ...... Passat ...... 106 Toyota ...... Camry ...... 111 Sports Models Average for midsize sports models ...... 141 Ford ...... Mustang Convertible ...... 130 Ford ...... Mustang ...... 135 Pontiac ...... Firebird ...... 154 Chevrolet ...... Camaro ...... 163 Subaru ...... SVX 4WD ...... 175 Nissan ...... 300ZX 2+2 ...... 208 Toyota ...... Supra ...... 372 Acura ...... NSX ...... 554 Luxury Models Average for midsize luxury models ...... 149 Lincoln ...... Continental ...... 93 BMW ...... 300i Series Conv...... 109 Volvo ...... 940/960 SW ...... 112 Cadillac ...... Eldorado ...... 116 Mercedes ...... C Class 4-door ...... 122 Volvo ...... 940/960 4-door ...... 123 Audi ...... 100 4-door ...... 128 Infiniti ...... J30 ...... 153 Saab ...... 9000 ...... 168 BMW ...... 500iT Series SW ...... 169 BMW ...... 500i Series 4-door ...... 170 Audi ...... 100/S4 Quattro ...... 173 Lexus ...... SC 300/400 ...... 178 Lexus ...... GS 300 ...... 185 BMW ...... 300i Series 2-door ...... 196 BMW ...... 300i Series 4-door ...... 214 Jaguar ...... XJ 2-door ...... 253 Jaguar ...... XJ Convertible ...... 258 Large CarsÐTwo-Door Models Average for large two-door models ...... 87 Mercury ...... Cougar ...... 73 Ford ...... Thunderbird ...... 87 13766 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices COLLISION INSURANCE LOSSES, MODEL YEAR 1992±94 PASSENGER MOTOR VEHICLES*ÐContinued Relative loss Make Model payment Four-Door Models Average for large four-door models ...... 85 Ford ...... Crown Victoria ...... 74 Chevrolet ...... Caprice ...... 79 Buick ...... LeSabre ...... 80 Chrysler ...... Concorde ...... 81 Mercury ...... Grand Marquis ...... 83 Eagle ...... Vision ...... 85 Oldsmobile ...... Eighty-Eight ...... 86 Oldsmobile ...... Ninety-Eight ...... 86 Dodge ...... Intrepid ...... 87 Pontiac ...... Bonneville ...... 88 Chrysler ...... New Yorker (LH Body) ...... 92 Buick ...... Roadmaster ...... 92 Buick ...... Park Avenue ...... 96 Acura ...... Vigor ...... 127 Station Wagons/Passenger Vans Average for large station wagons/passenger vans ...... 69 Chevrolet ...... Astro Van ...... 53 Oldsmobile ...... Silhouette ...... 54 Dodge ...... Caravan 4WD ...... 56 GMC ...... Safari Van ...... 63 Plymouth ...... Voyager 4WD ...... 63 Nissan ...... Quest Wagon ...... 63 Dodge ...... Caravan ...... 63 Mercury ...... Villager Wagon ...... 63 Pontiac ...... Trans Sport ...... 65 Chevrolet ...... Astro Van 4WD ...... 65 Plymouth ...... Voyager ...... 65 Chrysler ...... Town & Country ...... 65 Chevrolet ...... Lumina APV ...... 66 Chrysler ...... Town &Country 4WD ...... 75 Ford ...... Aerostar Van ...... 77 Toyota ...... Previa Van ...... 83 Buick ...... Estate Wagon ...... 84 Volkswagen ...... Eurovan ...... 88 Chevrolet ...... Caprice ...... 91 Ford ...... Aerostar Van 4WD ...... 92 Toyota ...... Previa Van 4WD ...... 98 Mazda ...... MPV Van ...... 120 Madza ...... MPV Van 4WD ...... 122 Luxury Models Average for Large Luxury Models ...... 122 Cadillac ...... DeVille 4-door ...... 79 Lincoln ...... Town Car ...... 93 Chrysler ...... LHS ...... 98 Cadillac ...... Seville ...... 110 Lincoln ...... Mark VIII ...... 112 Cadillac ...... Brougham ...... 127 Acura ...... Legend 4-door ...... 139 Lexus ...... LS 400 ...... 151 Infiniti ...... Q45 ...... 160 Mercedes ...... SL Class LWB 4-door ...... 161 Mercedes ...... E Class 4-door ...... 171 Mazda ...... 929 ...... 173 Acura ...... Legend 2-door ...... 189 BMW ...... 700iL ...... 194 BMW ...... 740i ...... 202 Jaguar ...... XJ 4-door ...... 217 PickupsÐSmall Pickups Average for small pickups ...... 86 Mazda ...... Reg/ext. cab ...... 63 Dodge ...... Dakota 4WD ...... 76 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13767 COLLISION INSURANCE LOSSES, MODEL YEAR 1992±94 PASSENGER MOTOR VEHICLES*ÐContinued Relative loss Make Model payment Ford ...... Ranger ...... 77 Dodge ...... Dakota ...... 78 Chevrolet ...... T10 4WD ...... 79 Chevrolet ...... S10 ...... 83 Nissan ...... Regular/ext. cab ...... 86 GMC ...... T15 4WD ...... 88 Mitsubishi ...... Regular/ext. Cab ...... 91 GMC ...... S15 ...... 93 Nissan ...... Reg/ext. cab 4WD ...... 93 Mitsubishi ...... Standard Bed 4WD ...... 95 Ford ...... Ranger 4WD ...... 97 Isuzu ...... Regular/ext. cab ...... 98 Mazda ...... Regular/ext. cab 4WD ...... 105 Isuzu ...... Reg/ext. cab 4WD ...... 107 Toyota ...... Reg/ext. Cab 4WD ...... 108 Toyota ...... Regular/ext. Cab ...... 110 Standard Pickups Average for standard pickups ...... 65 Ford ...... F±150 4WD ...... 58 GMC ...... 1500 ...... 61 Chevrolet ...... 1500 ...... 61 GMC ...... 2500 ...... 62 Ford ...... F±250 ...... 62 GMC ...... 1500 4WD ...... 62 Ford ...... F±350 ...... 62 Chevrolet ...... 1500 4WD ...... 63 Chevrolet ...... 2500 4WD ...... 66 Ford ...... F±150 ...... 66 GMC ...... 2500 4WD ...... 66 Chevrolet ...... 2500 ...... 67 GMC ...... 3500 4WD ...... 73 Ford ...... F±350 4WD ...... 73 Ford ...... F±250 4WD ...... 75 Chevrolet ...... 3500 ...... 77 Dodge ...... Ram 2500 ...... 77 Chevrolet ...... 3500 4WD ...... 77 Dodge ...... Ram 1500 ...... 78 Dodge ...... Ram 1500 4WD ...... 81 Dodge ...... Ram 2500 4WD ...... 84 GMC ...... 3500 ...... 86 Utility VehiclesÐSmall Utility Vehicles Average for small utility vehicles ...... 95 Jeep ...... Wrangler ...... 77 Suzuki ...... Sidekick 4-door 4WD ...... 83 Suzuki ...... Samurai 4WD ...... 84 Suzuki ...... Sidekick 4-door ...... 85 Suzuki ...... Sidekick 2-door 4WD ...... 98 Suzuki ...... Sidekick 2-door ...... 105 Isuzu ...... Amigo 4WD ...... 116 Geo ...... Tracker ...... 117 Geo ...... Tracker 4WD ...... 127 Isuzu ...... Amigo ...... 132 Intermediate Utility Vehicles Average for intermediate utility vehicles ...... 87 Ford ...... Explorer 4-door ...... 57 Jeep ...... Grand Cherokee 4-door ...... 65 Jeep ...... Cherokee 4-door ...... 72 Chevrolet ...... K1500 Blazer ...... 73 Jeep ...... Cherokee 2-door ...... 73 Ford ...... Explorer 4-door 4WD ...... 74 Ford ...... Explorer 2-door ...... 74 Mazda ...... Navajo 2-door ...... 74 GMC ...... Yukon 4WD ...... 75 Ford ...... Bronco ...... 78 GMC ...... S15 Jimmy 4-door ...... 80 13768 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices COLLISION INSURANCE LOSSES, MODEL YEAR 1992±94 PASSENGER MOTOR VEHICLES*ÐContinued Relative loss Make Model payment Jeep ...... Grand Cherokee 4-dr 4WD ...... 84 Chevrolet ...... S10 Blazer 4-door ...... 85 Jeep ...... Cherokee 4-door 4WD ...... 86 Mazda ...... Navajo 2-door 4WD ...... 88 Ford ...... Explorer 2-door 4WD ...... 90 GMC ...... T15 Jimmy 4-door 4WD ...... 91 GMC ...... S15 Jimmy 2-door ...... 93 Chevrolet ...... T10 Blazer 4-door 4WD ...... 94 Jeep ...... Cherokee 2-door 4WD ...... 95 Chevrolet ...... S±10 Blazer 2-door ...... 98 Isuzu ...... Rodeo 4-door ...... 100 Oldsmobile ...... Bravada 4-door 4WD ...... 105 Isuzu ...... Trooper 4-door 4WD ...... 110 Chevrolet ...... T10 Blazer 2-door 4WD ...... 112 Isuzu ...... Rodeo 4-door 4WD ...... 114 Toyota ...... 4Runner Wagon 4-door ...... 119 Nissan ...... Pathfinder 4-door 4WD ...... 120 Mitsubishi ...... Montero 4-door 4WD ...... 122 Nissan ...... Pathfinder 4-door ...... 125 GMC ...... T15 Jimmy 2-door 4WD ...... 131 Honda ...... Passport 4-door 4WD ...... 133 Toyota ...... 4Runner Wagon 4-dr 4WD ...... 140 Toyota ...... Land Cruiser ...... 141 Land Rover ...... Range Rover LWB ...... 252 Land Rover ...... Range Rover ...... 269 Large Utility Vehicles Average for large utility vehicles ...... 67 Chevrolet ...... Suburban 2500 ...... 54 Chevrolet ...... Suburban 1500 ...... 60 GMC ...... Suburban 1500 ...... 62 GMC ...... Suburban 2500 ...... 64 Chevrolet ...... Suburban 1500 4WD ...... 67 Chevrolet ...... Suburban 2500 4WD ...... 69 GMC ...... Suburban 1500 4WD ...... 80 GMC ...... Suburban 2500 4WD ...... 98 Large Vans Average for large vans ...... 64 Dodge ...... B150 ...... 38 Dodge ...... B250 ...... 42 Chevrolet ...... Sportvan 30 ...... 50 GMC ...... Vandura 2500 ...... 53 Chevrolet ...... Astro Cargo Van ...... 55 Ford ...... E±250 Econoline ...... 60 Ford ...... E±150 Club Wagon ...... 60 Chevrolet ...... Chevy Van 20 ...... 60 Ford ...... E±150 Econoline ...... 61 Dodge ...... B250 Cargo Van ...... 68 Chevrolet ...... Chevy Van 30 ...... 70 Dodge ...... B150 Cargo Van ...... 71 Dodge ...... B350 Cargo Van ...... 73 Ford ...... E±350 Club Wagon ...... 84 Ford ...... E±350 Econoline ...... 86 Ford ...... Aerostar Cargo Van ...... 90 Dodge ...... B350 ...... 91 Dodge ...... Caravan Cargo Van ...... 116 If you would like more details about (49 U.S.C. 32302; delegation of authority at Issued on March 9, 1995. the information in this table, or wish to 49 CFR 1.50(f).) Barry Felrice, obtain the complete Insurance Collision Associate Administrator for Safety Report, please contact HLDI directly, at: Performance Standards. Highway Loss Data Institute, 1005 North [FR Doc. 95–6229 Filed 3–13–95; 8:45 am] Glebe Road, Arlington, VA 22201, Tel: BILLING CODE 4910±59±P (703) 247–1600. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13769 DEPARTMENT OF THE TREASURY Respondents: Business or other for- Federal Government, State, Local or profit, Individuals or households, Tribal Government. Public Information Collection Farms, Federal Government, State, Local Estimated Number of Respondents: Requirements Submitted to OMB for or Tribal Government. 100,000 Review Estimated Number of Respondents/ Estimated Burden Hours Per Recordkeepers: 914,540. Respondent: 15 minutes. March 7, 1995. Estimated Burden Hours Per Frequency of Response: Annually. The Department of the Treasury has Respondent/Recordkeeper: Estimated Total Recordkeeping submitted the following public Recordkeeping—13 min. Burden: 30,000 hours. information collection requirement(s) to Learning about the law or the form— OMB Number: 1545–0720. OMB for review and clearance under the 7 min. Form Number: IRS Forms 8038, 8038– Paperwork Reduction Act of 1980, Preparing the form—25 min. G, and 8038–GC. Public Law 96–511. Copies of the Copying, assembling, and sending the Type of Review: Revision. submission(s) may be obtained by form to the IRS—17 min. Title: calling the Treasury Bureau Clearance Frequency of Response: On occasion. 1. Information Return for Tax-Exempt Officer listed. Comments regarding this Estimated Total Reporting/ Private Activity Bond Issues (8038); information collection should be Recordkeeping Burden: 960,267 hours. 2. Information Return for Tax-Exempt addressed to the OMB reviewer listed OMB Number: 1545–0441. Governmental Obligations (8038– and to the Treasury Department Form Number: IRS Forms 6559 and G); and Clearance Officer, Department of the 6559–A. 3. Information Return for Small Tax- Treasury, Room 2110, 1425 New York Type of Review: Extension Exempt Governmental Bond Issues, Avenue, NW., Washington, DC 20220. Title: Leases, and Installment Sales Internal Revenue Service (IRS) 1. Transmitter Report and Summary (8038–GC). of Magnetic Media (6559), and Description: Forms 8039, 8038–G and OMB Number: 1545–0429. 2. Continuation Sheet for Form 6559. 8038–GC collect the information that Form Number: IRS Form 4506. Description: Forms 6559 and 6559–A IRS is required to collect by Code Type of Review: Extension. are used by filers of Form W–2 wage section 149(e). IRS uses the information Title: Request for Copy or Transcript and tax data to transmit filing on to assure that tax-exempt bonds are of Tax Form. magnetic media. The Social Security issued consistent with the rules of Description: 26 U.S.C. 7513 allows for Administration (SSA) and the Internal Internal Revenue Code (IRC) sections taxpayers to request a copy of a return. Revenue Service (IRS) need signed jurat 141–149. Form 4506 is used by a taxpayer to and summary data for processing Respondents: State, Local or Tribal request a copy of a Federal tax form. purposes. The forms are used primarily Government, Not-for-profit institutions. The information provided will be used by large employers and tax filing Estimated Number of Respondents/ for research to locate the tax form and services (service bureaus). Recordkeepers: 14,500. to ensure that the requestor is the Respondents: Business or other for- Estimated Burden Hours Per taxpayer. profit, not-for-profit institutions, farms, Respondent/Recordkeeper: Form 8038 Form 8038±G Form 8038±GC Recordkeeping ...... 6 hours, 2 minutes ...... 2 hours, 17 minutes ...... 1 hour, 46 minutes. Preparing the form ...... 7 hours, 37 minutes ...... 2 hours, 22 minutes ...... 2 hours, 50 minutes. Copying, assembling, and sending the form to the 16 minutes ...... 0 minutes ...... 16 minutes. IRS. Frequency of Response: Quarterly, Estimated Number of Respondent: Respondents: Business or other for- Annually, Other. 2,000. profit, Farms. Estimated Total Reporting/ Estimated Burden Hours Per Estimated Number of Respondents: Recordkeeping Burden: 836,140 hours. Respondent: 30 minutes. 20,000. Frequency of Response: On occasion. Estimated Burden Hours Per OMB Number: 1545–0959. Estimated Total Recordkeeping Respondent: 13 minutes. Regulation ID Number: LR–213–76 Burden: 1,000 hours. Frequency of Response: Annually. Final Regulations. Estimated Total Reporting Burden: OMB Number: 1545–1057. 4,210 hours. Type of Review: Extension. Form Number: IRS Form 8800. Title: Estate and Gift Taxes; Qualified Type of Review: Revision. Clearance Officer: Garrick Shear, Disclaimers of Property. Title: Application for Additional (202) 622–3869, Internal Revenue Description: Section 2518 allows a Extension of Time to File U.S. Return Service, Room 5571, 1111 Constitution person to disclaim an interest in for a Partnership, REMIC, or for Certain Avenue NW., Washington, DC 20224. property received by gift or inheritance. Trusts. OMB Reviewer: Milo Sunderhauf, The interest is treated as if the Description: Form 8800 is used by (202) 395–7340, Office of Management disclaimant never received or partnerships, REMICs, and by certain and Budget, Room 10226, New transferred such interest for Federal gift trusts to request an additional extension Executive Office Building,Washington, tax purposes. A qualified disclaimer of time (up to 3 months) to file Form DC 20503. must be in writing and delivered to the 1065, Form 1041, or Form 1066. Form Lois K. Holland, transferor or trustee. 8800 contains data needed by the IRS to Departmental Reports, Management Officer. Respondents: Individuals or determine whether or not a taxpayer [FR Doc. 95–6232 Filed 3–13–95; 8:45 am] households. qualifies for such an extension. BILLING CODE 4830±01±P 13770 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Office of Thrift Supervision was available to the public concerning with the operation of Federally insured OTS’s Privacy Act provisions. A depository institutions; individuals [No. 94±260] complete list of the systems of records denied employment as senior executive Privacy Act of 1974 as Amended; is attached. officers with or member of a board of Systems of Records Dated: March 6, 1995. directors of a savings association or Alex Rodriguez, savings and loan holding company AGENCY: Office of Thrift Supervision, pursuant to 12 U.S.C. section 1831i; and Deputy Assistant Secretary (Administration). Treasury. persons engaging in significant business ACTION: Notice of Privacy Act Systems of Table of Contents transactions with savings associations. Records. Treasury/OTS .001 Confidential Individual This system also contains the identity of Information System the custodian of any documents SUMMARY: The Office of Thrift Treasury/OTS .002 Correspondence/ describing the specific event causing Supervision (OTS) is publishing this Correspondence Tracking entry into the system. notice to notify all interested parties of Treasury/OTS .003 Consumer Complaint its complete systems of records in Treasury/OTS .004 Criminal Referral CATEGORIES OF RECORDS IN THE SYSTEM: accordance with the Privacy Act of Database These records identify the individual Treasury/OTS .005 Employee Counseling involved, and his or her relationship to 1974, 5 U.S.C. 552a (Privacy Act). Service EFFECTIVE DATE: Comments must be Treasury/OTS .006 Employee Locator File the savings association, service received no later than April 13, 1995. Treasury/OTS .007 Employee Parking corporation or savings and loan holding The systems will be effective May 15, Treasury/OTS .008 Employee Training company; identify and describe the 1995, unless the OTS receives Database event causing entry of information into comments on the systems which would Treasury/OTS .009 Health Files the system (e.g., a change in control result in a contrary determination. Treasury/OTS .010 Inquiry/Request Control filing, enforcement action, or criminal Treasury/OTS .011 Positions/Budget ADDRESSES: Send comments to: Director, referral) and any regulatory, judicial, or Treasury/OTS .012 Payroll/Personnel supervisory action taken as a result; and Information Services Division, Records System & Payroll Records and Management Information, Office of Treasury/OTS .013 Personnel Security and the location and nature of any Thrift Supervision, 1700 G Street, NW., Suitability Program additional records concerning the Washington, DC, 20552, Attention specific event. Treasury/OTS .001 Docket No. 94–260. These submissions AUTHORITY FOR MAINTENANCE OF THE SYSTEM: may be hand delivered to 1700 G Street, SYSTEM NAME: 12 U.S.C. 1464. NW., from 9 a.m. to 5 p.m. on business Confidential Individual Information days; they may be sent by facsimile System. PURPOSE(S): transmission to FAX number (202) 906– This system is the primary OTS 7755. Submissions must be received by SYSTEM LOCATION: database to record information on 5 p.m. on the date that they are due in Office of Thrift Supervision, individuals subject to criminal referrals, order to be considered by the OTS. Department of the Treasury, 1700 G enforcement actions, liability suits, or Comments will be available for Street, NW., Washington, DC 20552. investigations on unusual transactions; inspection at 1700 G Street, NW., from See Appendix A for appropriate local and on application activity to acquire 1 p.m. until 4 p.m. on business days. address of OTS Regional Offices. control, obtain a charter, elect an officer Visitors will be escorted to and from the CATEGORIES OF INDIVIDUALS COVERED BY THE of a thrift, and several other application Public Reading Room at established SYSTEM: types. It also keeps track of the names intervals. These records contain certain of criminal referrals and individual FOR FURTHER INFORMATION CONTACT: information concerning individuals who defendants in directors’ and officers’ Mary Ann Reinhart, Chief, Disclosure have filed notices of intention to acquire liability lawsuits brought by Federal Branch, Office of Thrift Supervision, control of a savings association; banking agencies. 1700 G Street, NW, Washington, DC controlling persons of companies that ROUTINE USES OF RECORDS MAINTAINED IN THE 20552, Telephone No. (202) 906–5896. have applications to acquire control of SYSTEM, INCLUDING CATEGORIES OF USERS AND SUPPLEMENTARY INFORMATION: The a savings association; organizers of THE PURPOSES OF SUCH USES: Federal Home Loan Bank Board savings associations who have sought Informaiton in these records may be (FHLBB), the OTS’s predecessor in Federal Savings and Loan Insurance used to: interest, for purposes of the Privacy Act, Corporation or Savings Association (1) Provide the Department of Justice was abolished by the Financial Insurance Fund insurance of accounts with periodic reports on the number, Institutions Reform, Recovery, and or federal charters; individuals who place, and individual identify of Enforcement Act of 1989 (FIRREA), Pub. have been the subject of administrative outstanding potential criminal L. 101–73, 103 Stat. 183, enacted August enforcement actions or other civil violations of the law that have been 9, 1989. The Privacy Act regulations actions by any agency with authority to referred to the Department; formerly appearing at 12 CFR part 505a supervise or regulate federally insured (2) provide information or records to were substantially superseded because depository institutions; those who have any other appropriate domestic or the OTS, as a component part of the been named in criminal referrals by foreign governmental agency or self- Treasury Department, is covered by the such agencies or by federally insured regulatory organization charged with the Privacy Act regulations appearing at 31 depository institutions or who have responsibility of administering law or CFR part 1, subpart C. At 54 FR 49411, been referred to professional societies, investigating or prosecuting violations Nov. 30, 1989, chapter V was revised. At licensing authorities or ethics of law or charged with enforcing or 55 FR 43434, October 29, 1990, the OTS committees for disciplinary purposes; implementing a statute, rule, regulation, adopted the systems of records of the individuals identified as the subjects of order or license; FHLBB. 12 CFR part 503 was published criminal investigations by the (3) provide information to third as an interim measure to ensure that all Department of Justice or state law parties during the course of an necessary and appropriate information enforcement authorities in connection investigation to the extent necessary to Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13771 obtain information pertinent to the RECORD SOURCE CATEGORIES: POLICIES AND PRACTICES FOR STORING, investigation; This system is exempted under 5 RETRIEVING, ACCESSING, RETAINING, DISPOSING (4) provide information to receivers or U.S.C. 552a (j)(2) and (k)(2) from the OF RECORDS IN THE SYSTEM: conservators of savings associations or requirements that the sources of records STORAGE: formerly insured savings associations; used in the system be published, Records are maintained in magnetic (5) when considered appropriate, because it contains investigatory media and in paper files. provide information to a bar assocaiton, material compiled for law enforcement the American Institute of Certified purposes. RETRIEVABILITY: Public Accountants, or other Records are maintained by name of professional organizations performing EXEMPTIONS CLAIMED FOR THE SYSTEM: individual; assignment control number. similar functions, for possible This system is exempt from 5 U.S.C. disciplinary action; and 552a (c)(3), (d), (e)(1), (e)(4) (G), (H) and SAFEGUARDS: Access to paper records is (6) provide information to any person (I), and (f) of the Privacy Act pursuant limited to authorized personnel with a direct to 5 U.S.C. 552a (j)(2) and (k)(2). need to know. Some paper records are with whom the OTS contracts to maintained in locked file cabinets in a reproduce, by typing, photocopying or Treasury/OTS .002 secured office with access limited to those other means, any record within this personnel whose official duties require system for use by the OTS and its staff SYSTEM NAME: access. Access to computerized records is in connection with their official duties Correspondence/Correspondence limited, through the use of a password, to or to any person who is utilized by the Tracing. those whose official duties require access. OTS to perform clerical or stenographic RETENTION AND DISPOSAL: functions relating to the official SYSTEM LOCATION: Computerized records and paper business of the OTS. Office of Thrift Supervision, Department of the Treasury, 1700 G records are retained for two (2) years POLICIES AND PRACTICES FOR STORING, Street, NW., Washington, DC 20552. after the Director’s or member of RETRIEVING, ACCESSING, RETAINING, AND Congress’ term, then transferred directly DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF INDIVIDUALS COVERED BY THE to the National Archives. SYSTEM: STORAGE: SYSTEM MANAGER(S) AND ADDRESS: White House and Executive Office of Records are maintained in paper files Director, Congressional Affairs. See and on magnetic media. the President officials, Members of Congress, Treasury Department officials, ‘‘System Location’’ for address. RETRIEVABILITY: the general public, and businesses. NOTIFICATION PROCEDURE: Records are retrievable by the name of CATEGORIES OF RECORDS IN THE SYSTEM: Individuals wishing to be notified if the individual and/or by the Incoming correspondence addressed they are named in this system or gain individual’s relationship to the thrift or access to records maintained in this thrift holding company involved. to the Director of OTS; letters from members of Congress transmitting system must submit a request SAFEGUARDS: letters from constituents or making containing the following elements: (1) Identify the record system; Paper records are maintained in inquiries; OTS responses; OTS (2) identify the category and type of locked file cabinets with access limited memoranda and notes used to prepare records sought; and to those persons who have need for responses; and information concerning (3) provide at least two items of information from the system in the internal office assignments, processing secondary identification (date of birth, performance of their duties. Access to and response to the correspondence. employee identification number, dates computerized records is limited, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: of employment or similar information). through the use of a password, to those Address inquiries to Chief, Disclosure whose official duties require access. 5 U.S.C. 301. Branch, Office of Thrift Supervision, PURPOSE(S): RETENTION AND DISPOSAL: 1700 G Street, NW., Washington, DC To maintain written records of Records are retained for fifteen years 20552. correspondence addressed to the and then destroyed. Director of OTS and Congressional RECORD ACCESS PROCEDURES: SYSTEM MANAGER(S) AND ADDRESS: correspondence; to track the progress of See ‘‘Notification Procedure’’ above. the response; to document the National Administrator, Corporate CONTESTING RECORD PROCEDURES: Activities Division. See ‘‘System completion of the response to the Location’’ for address. incoming correspondence. See ‘‘Notification Procedure’’ above. RECORD SOURCE CATEGORIES: NOTIFICATION PROCEDURE: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Incoming correspondence and Office This system is exempt from THE PURPOSES OF SUCH USES: notification and record-access of Thrift Supervision responses. requirements and requirements that an (1) Disclosures may be made to a Congressional office from the records of EXEMPTIONS CLAIMED FOR THE SYSTEM: individual be permitted to contest its None: contents under 5 U.S.C. 552a (j)(2) and an individual in response to an inquiry (k)(2) as relating to investigatory made at the request of the individual to Treasury/OTS .003 material compiled for law enforcement whom the record pertains; (2) Information may be disclosed to SYSTEM NAME: purposes. the appropriate governmental agency Consumer Complaint System. RECORD ACCESS PROCEDURES: charged with the responsibility of See ‘‘Notification Procedure’’ above. administering law or investigating or SYSTEM LOCATION: prosecuting violations of law or charged Office of Thrift Supervision, CONTESTING RECORD PROCEDURES: with enforcing or implementing a Department of the Treasury, 1700 G See ‘‘Notification Procedure’’ above. statute, rule, regulation, order or license. Street, NW., Washington, DC., 20552. 13772 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices See Appendix A for appropriate local SAFEGUARDS: CATEGORIES OF RECORDS IN THE SYSTEM: address of OTS Regional Offices. Paper records are maintained in Criminal Referrals. locked file cabinets with access limited CATEGORIES OF INDIVIDUALS COVERED BY THE AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM: to those personnel whose official duties require access. Access to computerized 12 U.S.C. 1464; 44 U.S.C. 3101. Persons who submit inquiries of records is limited, through use of system complaints concerning federally insured PURPOSE(S): passwords, to those whose official depository institutions, service duties require access. This system lists all matters referred corporations, and subsidiaries. to the Department of Justice for possible RETENTION AND DISPOSAL: CATEGORIES OF RECORDS IN THE SYSTEM: criminal proceedings. Consumer’s name, savings Active files are maintained until the case is closed. Closed files are retained ROUTINE USES OF RECORDS MAINTAINED IN THE association’s docket number, case SYSTEM, INCLUDING CATEGORIES OF USERS AND for six (6) years then destroyed. number as designated by a Consumer THE PURPOSES OF SUCH USES: Complaint Case number. Within these SYSTEM MANAGER(S) AND ADDRESS: Information may be disclosed to the categories of records, the following Manager, Consumer Programs, See appropriate governmental agency information may be obtained: ‘‘System Location’’ for address. charged with the responsibility of Consumer’s address, source of inquiry administering law or investigating or or complaint, nature of the inquiry or NOTIFICATION PROCEDURE: prosecuting violations of law or charged complaint, nature of the inquiry or Individuals wishing to be notified if with enforcing or implementing a complaint designated by instrument and they are named in this system or gain statute, rule, regulation, order or license. complaint code, information on the access to records maintained in this investigation and resolution of inquiries system must submit a request POLICIES AND PRACTICES FOR STORING, and complaints. containing the following elements: RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: (1) Identify the record system; AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (3) provide at least two items of STORAGE: PURPOSE(S): secondary identification (date of birth, Records are maintained in paper files OTS uses this system to track employee identification number, dates and on magnetic media. individual complaints and to provide of employment or similar information). additional information about each Address inquiries to Chief, Disclosure RETRIEVABILITY: institution’s compliance with regulatory Branch, Office of Thrift Supervision, Records are filed by name of requirements. 1700 G Street, NW., Washington, DC individual, savings institution or 20552. referral control number. ROUTINE USES FOR RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND RECORD ACCESS PROCEDURES: SAFEGUARDS: THE PURPOSES OF SUCH USES: See ‘‘Notification Procedure’’ above. Paper records are maintained in (1) Information may be disclosed to locked file cabinets. Access is limited to CONTESTING RECORD PROCEDURES: officials of regulated savings personnel whose official duties require associations in connection with See ‘‘Notification Procedure’’ above. such access and who have a need to investigation and resolution of RECORD SOURCE CATEGORIES: know the information in a record for a complaints and inquiries; job-related purpose. Access to Inquirer or complainant (or his or her (2) relevant information may be made computerized records is limited, representative which may include a available to appropriate law through use of a password, to those member of Congress or an attorney); enforcement agencies or authorities in whose official duties require access. connection with investigation and/or savings association officials and prosecution of alleged civil, criminal employees; compliance/safety and RETENTION AND DISPOSAL: and administrative violations; soundness examiner(s); and other Records are retained and disposed of (3) disclosures may be made to a supervisory records. in accordance with appropriate National Congressional office in response to an EXEMPTIONS CLAIMED FOR THE SYSTEM: Archives and Records Administration inquiry made at the request of the General Records Schedules. individual to whom the record pertains; None. SYSTEM MANAGER(S) AND ADDRESS: (4) disclosures may be made to other Treasury/OTS .004 Federal and nonfederal governmental Chief Counsel, Office of Enforcement. supervisory or regulatory authorities SYSTEM NAME: See ‘‘System Location’’ for address. when the subject matter is within such Criminal Referral Database. other agency’s jurisdiction. NOTIFICATION PROCEDURE: SYSTEM LOCATION: This system is exempt from POLICIES AND PRACTICES FOR STORING, Office of Thrift Supervision, notification and record-access RETRIEVING, ACCESSING, RETAINING, AND Department of the Treasury, 1700 G requirements and requirements that an DISPOSING OF RECORDS IN THE SYSTEM: Street, NW., Washington, DC 20552. individual be permitted to contest its STORAGE: See Appendix A for appropriate local contents under 5 U.S.C. 552a(j)(2) and Records are maintained in paper files address of OTS Regional Offices. (k)(2) as relating to investigatory and on magnetic media. material complied for law enforcement CATEGORIES OF INDIVIDUALS COVERED BY THE purposes. RETRIEVABILITY: SYSTEM: By name of the individual, complaint Individuals suspected of having RECORD ACCESS PROCEDURES: case number, savings association name, committed crime(s) and individuals See ‘‘Notification Procedure’’ above. docket number, district complaint code, indicated or convicted of crime(s) instrument code, source code or by against or involving savings CONTESTING RECORD PROCEDURES: some combination thereof. associations. See ‘‘Notification procedure’’ above. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13773 RECORD SOURCE CATEGORIES: Administration General Records ROUTINE USES OF RECORDS MAINTAINED IN THE Criminal referral forms compiled for Schedules. SYSTEM, INCLUDING CATEGORIES OF USERS AND law enforcement purposes. THE PURPOSES OF SUCH USES: SYSTEM MANAGER(S) AND ADDRESS: (1) Disclosure of information may be EXEMPTIONS CLAIMED FOR THE SYSTEM: Director of Human Resources. See made to a Congressional office in This system is exempt from 5 U.S.C. ‘‘System Location’’ for address. response to an inquiry made at the 552a(c)(3), (c)(4), (d), (e)(1), (e)(4) (G), request of the individual to whom the (H) and (I), and (f) of the Privacy Act NOTIFICATION PROCEDURE: record pertains; pursuant to 5 U.S.C. 552a(j)(2) and Individuals wishing to be notified if (2) Medical personnel in case of an (k)(2). they are named in this system or gain emergency. access to records maintained in this POLICIES AND PRACTICES FOR STORING, Treasury/OTS .005 system must submit a request RETRIEVING, ACCESSING, RETAINING, AND SYSTEM NAME: containing the following elements: DISPOSING OF RECORDS IN THE SYSTEM: (1) Identify the record system; Employee Counseling Service. (2) identify the category and type of STORAGE: SYSTEM LOCATION: records sought; and Records are maintained in paper files and on magnetic media. Office of Thrift Supervision, (3) provide at least two items of Department of the Treasury, 1700 G secondary identification (date of birth, RETRIEVABILITY: Street, NW., Washington, DC 20552. employee identification number, dates Records are filed by name of See appendix A for appropriate local of employment or similar information). individual. address of OTS Regional Officers. Address inquiries to Chief, Disclosure Branch, Office of Thrift Supervision, SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE 1700 G Street, NW., Washington, DC Paper records are maintained in SYSTEM: 20552. locked file cabinets. Access is limited to Employees who seek counseling personnel whose official duties require RECORD ACCESS PROCEDURES: services. such access and who have a need to See ‘‘Notification Procedure’’ above. CATEGORIES OF RECORDS IN THE SYSTEM: know information in a record for a particular job-related purpose. Access to CONTESTING RECORD PROCEDURES: Counseling records. computerized records is limited, See ‘‘Notification Procedure’’ above. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: through use of a password, to those 5 U.S.C. 301, 44 U.S.C. 3101. RECORD SOURCE CATEGORIES: whose official duties require access. RETENTION AND DISPOSAL: PURPOSE(S): Employees and Counselors. Records are maintained until the To provide a history and record of the EXEMPTIONS CLAIMED FOR THE SYSTEM: termination of the employee’s employee counseling session(s) and to None. assist the counselor in identifying and employment with OTS. After resolving employee problem(s). Treasury/OTS .006 termination, records are retained for six months then destroyed. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM NAME: SYSTEM MANAGER(S) AND ADDRESS: SYSTEM, INCLUDING CATEGORIES OF USERS AND Employee Locator File. THE PURPOSES OF SUCH USES: Director, Human Resources. See The system will have minimal effect SYSTEM LOCATION: ‘‘System Location’’ for address. on individual privacy because access is Office of Thrift Supervision, NOTIFICATION PROCEDURE: limited to the employee counseling Department of the Treasury, 1700 G Individuals wishing to be notified if service program counselor. Under Street, NW., Washington, DC 20552. they are named in this system or gain special and emergency circumstances See Appendix A for appropriate local access to records maintained in this records may be released to medical address of OTS Regional Offices. system must submit a request personnel, research personnel, and as containing the following elements: result of a court order. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: (1) Identify the record system; POLICIES AND PRACTICES FOR STORING, (2) Identify the category and type of All present employees of the OTS and records sought; and RETRIEVING, ACCESSING, RETAINING, AND persons whose employment has been DISPOSING OF RECORDS IN THE SYSTEM: (3) Provide at least two items of terminated within the last six months. secondary identification (date of birth, STORAGE: CATEGORIES OF RECORDS COVERED BY THE employee identification number, dates Records are maintained in paper files. SYSTEM: of employment or similar information). Address inquiries to Chief, Disclosure RETRIEVABILITY: Employee’s name, present address, telephone number, and the name, Branch, Office of Thrift Supervision, Records are retrieved by a number 1700 G Street, NW., Washington, DC assigned to employee. address, and telephone number of another person to notify in case of 20552. SAFEGUARDS: emergency. RECORD ACCESS PROCEDURES: Records are maintained in locked file See ‘‘Notification Procedure’’ above. cabinet. Access is limited to the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employee counselor. 5 U.S.C. 301, 44 U.S.C. 3101. CONTESTING RECORD PROCEDURES: See ‘‘Notification Procedure’’ above. RETENTION AND DISPOSAL: PURPOSE(S): Records are retained and disposed of This system provides current RECORD SOURCE CATEGORIES: in accordance with the appropriate information on employee’s address and The individual whose record is being National Archives and Records emergency contact person. maintained. 13774 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: POLICIES AND PRACTICES FOR STORING, None. Director for Administration. See RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: ‘‘System Location’’ for address. Treasury/OTS .007 STORAGE: NOTIFICATION PROCEDURE: SYSTEM NAME: Records are maintained on magnetic Employee Parking. Individuals wishing to be notified if media. they are named in this system or gain RETRIEVABILITY: SYSTEM LOCATION: access to records maintained in this Office of Thrift Supervision, system must submit a request Records are filed by individual name, Department of the Treasury, 1700 G containing the following elements: social security number and course Street, NW., Washington, DC 20552. (1) Identify the record system; taken. (2) Identify the category and type of SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE records sought; and SYSTEM: Access to computerized records is (3) Provide at least two items of limited, through use of a password, to All OTS employees (and their secondary identification (date of birth, corresponding car-pool members) who those whose official duties require employee identification number, dates access. apply for agency-controlled parking. of employment or similar information). RETENTION AND DISPOSAL: CATEGORIES OF RECORDS IN THE SYSTEM: Address inquiries to Chief, Disclosure Records are retained and disposed of Information is contained in parking Branch, Office of Thrift Supervision, in accordance with the appropriate applications and computerized reports 1700 G Street, NW., Washington, DC National Archives and Records and consists of (for each rider): Name, 20552. Administration General Records home address, office phone number, RECORD ACCESS PROCEDURES: Schedules. and place of employment (for non-OTS See ‘‘Notification Procedure’’ above. riders). For OTS employees only: Work SYSTEM MANAGER(S) AND ADDRESS: hours, supervisor’s name, office code, CONTESTING RECORD PROCEDURES: Training Manager, Human Resources social security number and years of See ‘‘Notification Procedure’’ above. Division. See ‘‘System Location’’ for service. address. RECORD SOURCE CATEGORIES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NOTIFICATION PROCEDURES: 5 U.S.C. 301, 44 U.S.C. 3101. Applications submitted by OTS Individuals wishing to be notified if employees and non-OTS riders. they are named in this system or gain PURPOSE(S): EXEMPTIONS CLAIMED FOR THE SYSTEM: access to records to maintained in this To control and maintain parking system must submit a request applications and spaces. None. containing the following elements: ROUTINE USES OF RECORDS MAINTAINED IN THE Treasury/OTS .008 (1) Identify the record system; SYSTEM, INCLUDING CATEGORIES OF USERS AND (2) Identify the category and type of THE PURPOSES OF SUCH USES: SYSTEM NAME: records sought; and No disclosures are made outside of Employee Training Database. (3) Provide at least two items of OTS. secondary identification (date of birth, SYSTEM LOCATION: employee identification number, dates POLICIES AND PRACTICES FOR STORING, Office of Thrift Supervision, of employment or similar information). RETRIEVING, ACCESSING, RETAINING, AND Department of the Treasury, 1700 G Address inquiries to Chief, Disclosure DISPOSING OF RECORDS IN THE SYSTEM: Street, NW., Washington, DC 20552. Branch, Office of Thrift Supervision, STORAGE: 1700 G Street, NW., Washington, DC Records are maintained in paper files CATEGORIES OF INDIVIDUALS COVERED BY THE 20552. SYSTEM: and on magnetic media. RECORD ACCESS PROCEDURES: All employees of the Office of Thrift RETRIEVABILITY: Supervision. See ‘‘Notification Procedure’’ above. Records are filed by parking pass CONTESTING RECORD PROCEDURES: CATEGORIES OF RECORDS IN THE SYSTEM: number, name of OTS employee and See ‘‘Notification Procedure’’ above. social security number. Individual employee records are maintained by name, course taken, RECORD SOURCE CATEGORIES: SAFEGUARDS: social security number, position, Personnel records and training Paper records are maintained in division, and manager name. request forms completed by employee. locked file cabinets. Access is limited to personnel whose official duties require AUTHORITY FOR MAINTENANCE OF THE SYSTEM: EXEMPTIONS CLAIMED FOR THE SYSTEM: such access and who have a need to 5 U.S.C. 301 and 44 U.S.C. 3101. None. know the information in a record for a Treasury/OTS .009 job-related purpose. Access to PURPOSE(S): computerized records is limited, To maintain necessary information on SYSTEM NAME: through use of a password, to those training taken by employees through Health Files. whose official duties require access. outside sources and vendors. SYSTEM LOCATION: RETENTION AND DISPOSAL: ROUTINE USES OF RECORDS MAINTAINED IN THE Office of Thrift Supervision, Records are retained and disposed of SYSTEM, INCLUDING CATEGORIES OF USERS AND Department of the Treasury, 1700 G in accordance with National Archives THE PURPOSES OF SUCH USES: Street, NW., Washington, DC 20552. and Records Administration General Records are not disclosed outside of Categories of individuals covered by Records Schedules. OTS. the system: Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13775 Participating employees. EXEMPTIONS CLAIMED FOR THE SYSTEM: those personnel whose official duties None. require access. Access to computerized CATEGORIES OF RECORDS IN THE SYSTEM: records is limited, through use of a Health Records. Treasury/OTS .010 password, to those whose official duties AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SYSTEM NAME: require access. 5 U.S.C. 301, 44 U.S.C. 3101. Inquiry/Request Control System. RETENTION AND DISPOSAL: PURPOSE(S): SYSTEM LOCATION: Records are retained for one (1) year To maintain records regarding Office of Thrift Supervision, and then destroyed. Freedom of medical care provided to employees of Department of the Treasury, 1700 G Information Act and Privacy Act records OTS by the health care unit which is Street, NW., Washington, DC 20052. are retained and disposed of in now closed. accordance with appropriate National CATEGORIES OF INDIVIDUALS COVERED BY THE Archives and Records Administration ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM: General Records Schedule. SYSTEM, INCLUDING CATEGORIES OF USERS AND Persons who make inquiries, requests THE PURPOSES OF SUCH USES: for records or information concerning SYSTEM MANAGER(S) AND ADDRESS: No disclosures are made outside of activities of the OTS, regulated financial Director, Information Services OTS. institutions and related individuals and Division. See ‘‘System Location’’ for address. POLICIES AND PRACTICES FOR STORING, organizations; e.g., holding companies, RETRIEVING, ACCESSING, RETAINING, AND service corporations, directors of thrifts, NOTIFICATION PROCEDURE: DISPOSING OF RECORDS IN THE SYSTEM: advisors or representatives of the thrift Individuals wishing to be notified if industry and also requests for records STORAGE: they are named in this system or gain under the Freedom of Information Act Records are maintained in paper files. access to records maintained in this and the Privacy Act. system must submit a request RETRIEVABILITY: CATEGORIES OF RECORDS IN THE SYSTEM: containing the following elements: Records are maintained by name of Selected items of information (1) Identify the record system; individual. extracted from incoming inquiry, and (2) Identify the category and type of records concerning internal office case records sought; and SAFEGUARDS: (3) Provide at least two items of assignments, processing and resolution Records re maintained at the Federal secondary identification (date of birth, of the inquiry/request. Records Center. Only authorized employee identification number, dates personnel have access to location. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: of employment or similar information). RETENTION AND DISPOSAL: 5 U.S.C. 301. Address inquiries to Chief, Disclosure Branch, Office of Thrift Supervision, Records are retained and disposed of PURPOSE(S): in accordance with the appropriate 1700 G Street, NW., Washington, DC To internally control work flow and 20552. National Archives and Records assignments; to track progress of the Administration General Records inquiry/request; and to provide RECORD ACCESS PROCEDURES: Schedules. statistical information for budgetary, See ‘‘Notification Procedure’’ above. SYSTEM MANAGER(S) AND ADDRESS: resource allocation, and statutory CONTESTING RECORD PROCEDURES: Director, Human Resources. See reporting purposes. See ‘‘Notification Procedure’’ above. ‘‘System Location’’ for address. ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD SOURCE CATEGORIES: NOTIFICATION PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: Incoming inquiry or request (by mail, Individuals wishing to be notified if fax, or telephone), internal case they are named in this system or gain Disclosure of information may be made to a Congressional office in assignment notations, case control, and access to records maintained in this close-out forms. system must submit a request response to an inquiry made at the containing the following elements: request of the individual to whom the EXEMPTIONS CLAIMED FOR THE SYSTEM: (1) Identify the record system; record pertains. None. (2) Identify the category and type of POLICIES AND PRACTICES FOR STORING, Treasury/OTS .011 records sought; and RETRIEVING, ACCESSING, RETAINING, AND (3) Provide at least two items of DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM NAME: secondary identification (date of birth, STORAGE: Positions/Budget. employee identification number, dates of employment or similar information). Records are maintained in paper files SYSTEM LOCATION: Address inquiries to Chief, Disclosure and magnetic media. Office of Thrift Supervision, Branch, Office of Thrift Supervision, RETRIEVABILITY: Department of the Treasury, 1700 G 1700 G Street, NW., Washington, DC Records are maintained by individual Street, NW., Washington, DC 20052. See Appendix A for appropriate local 20552. name, case control number, subject of address of OTS Regional Offices. RECORD ACCESS PROCEDURES: inquiry, savings and loan association See ‘‘Notification Procedure’’ above. and/or financial institution, docket CATEGORIES OF INDIVIDUALS COVERED BY THE number, receipt date, inquiry code, SYSTEM: CONTESTING RECORD PROCEDURES: disposition code, or any combination All current employees of the Office of See ‘‘Notification Procedure’’ above. thereof. Thrift Supervision. RECORD SOURCE CATEGORIES: SAFEGUARDS: CATEGORIES OF RECORDS IN THE SYSTEM: Health unit staff and subject of the Paper records are maintained in Individual employee records are kept record. secured offices with access limited to by office and agency as follows: Name, 13776 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices title, entered on duty date, service NOTIFICATION PROCEDURE: deposit, health benefits, and thrift computation date, occupation series, Individuals wishing to be notified if investment elections to either the social security number, grade, current they are named in this system or gain Federal Thrift Savings Plan (TSP–1) or salary, location of employee, date of last access to records maintained in this OTS’ Financial Institutions Savings Plan promotion, and eligibility for system must submit a request (FITP–107 and K 1–2). promotion. Records are kept for each containing the following elements: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: office (and, where appropriate, for the (1) Identify the record system; agency) on number of vacancies, (2) Identify the category and type of 5 U.S.C. 301, 44 U.S.C. 3101. authorized position ceilings, and records sought; and PURPOSE(S): (3) Provide at least two items of number of employees. Provides all the key personnel and secondary identification (date of birth, payroll data for each employee which is AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employee identification number, dates required for a variety of payroll and 5 U.S.C. 301, 44 U.S.C. 3101. of employment or similar information). personnel functions. Address inquiries to Chief, Disclosure PURPOSE(S): Branch, Office of Thrift Supervision, ROUTINE USES OF RECORDS MAINTAINED IN THE The system allows the OTS Budget 1700 G Street, NW., Washington, DC SYSTEM, INCLUDING CATEGORIES OF USERS AND Division the ability to track positions by 20552. THE PURPOSES OF SUCH USES: office to assure the assigned Full-Time (1) In the event that records RECORD ACCESS PROCEDURES: Equivalent ceilings are not exceeded maintained in this system of records and remain within the limits set by the See ‘‘Notification Procedure’’ above. indicate a violation or potential Director of the OTS. The system also CONTESTING RECORD PROCEDURES: violation of law, whether civil, criminal provides information to each office See ‘‘Notification Procedure’’ above. or regulatory in nature, and whether which can be used in developing their arising by general statute or particular calendar year compensation budgets. RECORD SOURCE CATEGORIES: program statute, or by regulation, rule or order pursuant thereto, the relevant ROUTINE USES OF RECORDS MAINTAINED IN THE Personnel records. SYSTEM INCLUDING CATEGORIES OF USERS AND records in the system of records may be , EXEMPTIONS CLAIMED FOR THE SYSTEM: THE PURPOSES OF SUCH USES: referred, as a routine use, to the None. appropriate agency, whether Federal, Information may be disclosed to the state, local, or foreign, charged with the appropriate governmental agency Treasury/OTS .012 responsibility of implementing the charged with the responsibility of SYSTEM NAME: statute, or rule or regulation or order administering law or investigating or issued pursuant thereto; prosecuting violations of law or charged Payroll/Personnel System & Payroll Records. (2) records from this system may be with enforcing or implementing a disclosed as a routine use to other statute, rule, regulation, order or license. SYSTEM LOCATIONS: Federal agencies including the Office of POLICIES AND PRACTICES FOR STORING, Office of Thrift Supervision, Personnel Management if necessary for RETRIEVING, ACCESSING, RETAINING AND Department of the Treasury, 1700 G or regarding the payment of salaries and DISPOSING OF RECORDS IN THE SYSTEM: Street NW., Washington, DC 20552. expenses incident to employment at the See Appendix A for appropriate local Office of Thrift Supervision or other STORAGE: address of OTS Regional Offices. Federal employment, or the vesting, Records are maintained in paper files computation, and payment of retirement and magnetic media. CATEGORIES OF INDIVIDUALS COVERED BY THE or disability benefits; SYSTEM: (3) records from this system may be RETRIEVABILITY: All current Office of Thrift necessary to support the assessment, Records are filed by name of Supervision (OTS) employees and all computation, and collection of Federal, individual. former employees of the OTS, within state, and local taxes, in accordance the past three years. SAFEGUARD: with established procedures; CATEGORIES OF RECORDS IN THE SYSTEM (4) disclosure of information may be Paper records are maintained in file made to a Congressional office in Information pertaining to: folders in secured areas. Access is response to an inquiry made at the limited to personnel whose official (1) employee status, grade, salary, pay plan, hours worked, hours of leave request of the individual to whom the duties require such access and who record pertains. have a need to know the information in taken and earned, hourly rate, gross pay, a record for a particular job-related taxes, deductions, net pay, location, and POLICIES AND PRACTICES FOR STORING, purpose. Access to computerized payroll history; RETRIEVING, ACCESSING, RETAINING, AND records is limited, through use of a (2) employee’s residence, office, social DISPOSING OF RECORDS IN THE SYSTEM: password, to those whose official duties security number, and address; STORAGE: (3) Personnel actions (SF–50), State require access. Records are maintained on magnetic employees’ withholding exemption media, microfiche, and in paper files. RETENTION AND DISPOSAL: certificates, Federal employees’ Records are being retained and withholding allowance certificates (W4), RETRIEVABILITY: disposed of in accordance with Bond Allotment File (SF–1192), Federal Records are filed by individual name, appropriate National Archives and Employee’s Group Life Insurance (SF– social security number and by office. Records Administration General 2810 & 2811), Savings Allotment- Records Schedule. Financial Institutions, Address File SAFEGUARDS: (OTS Form 108), Union Dues Allotment, Paper and microfiche records are SYSTEM MANAGER(S) AND ADDRESS: time and attendance reports, individual maintained in secured offices and Director Budget Division, See retirement records (SF–2806), Combined access is limited to personnel whose ‘‘System Location’’ for address. Federal Campaign allotment, direct official duties require such access and Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13777 who have a need to know the background investigations, national National Archives and Records information in a record for particular agency check investigations, periodic re- Administration General Records job-related purpose. Access to investigations, and FBI and other agency Schedules. computerized records is limited, name checks, investigative information through the use of a password, to those relating to personnel investigations SYSTEM MANAGER(S) AND ADDRESS: whose official duties require access. conducted by the Department of the Director, Human Resources Division. Treasury, the Office of Personnel See ‘‘System Location’’ for address. RETENTION AND DISPOSAL: Management, and other Federal Records are retained and disposed of agencies and departments on NOTIFICATION PROCEDURE: in accordance with appropriate National preplacement and postplacement basis Individuals wishing to be notified if Archives and Records Administration to make suitability for employment they are named in this system or gain General Records Schedules. determinations and for granting security access to records maintained in this clearances. Card records, automated SYSTEM MANAGER(S) AND ADDRESS: system must submit a request data systems, or logs comprised of Director, Human Resources. See containing the following elements: notices of personnel security and ‘‘System Location’’ for address. suitability investigations reflecting (1) Identify the record system; NOTIFICATION PROCEDURE: identification data on incumbents and (2) Identify the category and type of Individuals wishing to be notified if former employees, and record type of records sought; and they are named in this system or gain E.O. 10450 investigations and degree (3) Provide at least two items of access to records maintained in this and date of security clearance, if any. secondary identification (date of birth, system must submit a request AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employee identification number, dates of employment or similar information). containing the following elements: Executive Order 10450, sections 2 and (1) Identify the records; Address inquiries to Chief, Disclosure 3, Executive Order 12356, part 4, (2) Identify the category and type of Branch, Office of Thrift Supervision, Executive Order 10577, 5 USC 3301, records sought; and 1700 G Street, NW, Washington, DC and 5 CFR parts 731, 732 and 736. (3) Provide at least two items of 20552. secondary identification (date of birth, PURPOSE(S): employee identification number, dates The purpose of the records in the RECORD ACCESS PROCEDURES: of employment or similar information). Personnel Security and Suitability See ‘‘Notification Procedure’’ above. Address inquiries to Chief, Disclosure System is to enable the OTS to Branch, Office of Thrift Supervision, determine and document each CONTESTING RECORD PROCEDURES: 1700 G Street NW., Washington, DC employee’s suitability or security risk See ‘‘Notification Procedure’’ above. 20552. for selection, employment and continued employment according to RECORD SOURCE CATEGORIES RECORD ACCESS PROCEDURES: : appropriate Federal regulations. See ‘‘Notification Procedure’’ above. Information is obtained from current ROUTINE USES OF RECORDS MAINTAINED IN THE and former employees, coworkers, CONTESTING RECORD PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND neighbors, acquaintances, educational See ‘‘Notification Procedure’’ above. THE PURPOSES OF SUCH USES: records and instructors, and police and These records and information in RECORD SOURCE CATEGORIES: credit record checks. these records may be disclosed to Personnel and payroll records of departmental and agency officials or EXEMPTIONS CLAIMED FOR THE SYSTEM: current and former employees. other Federal agencies as relevant to or None. EXEMPTIONS CLAIMED FOR THE SYSTEM: necessary for making suitability or Appendix A—Addresses of Office of Thrift None. employability retention or security clearance determinations. Supervision Regional Offices: Treasury/OTS .013 Northeast Region POLICIES AND PRACTICES FOR STORING, SYSTEM NAME: RETRIEVING, ACCESSING, RETAINING, AND 10 Exchange Place Centre, 18th Floor, Jersey City, New Jersey 07302 Personnel Security and Suitability DISPOSING OF RECORDS IN THE SYSTEM: Program. STORAGE: Southeast Region File folders, logs and index cards. 1475 Peachtree Street, NE., Atlanta, Georgia SYSTEM LOCATION: 30309 Office of Thrift Supervision, RETRIEVABILITY: Department of the Treasury, 1700 G Records are retrieved by name. Central Region Street, NW., Washington, DC 20552. 111 East Wacker Drive, Suite 800, Chicago, SAFEGUARDS: Illinois 60601 CATEGORIES OF INDIVIDUALS COVERED BY THE Records are stored in locked metal SYSTEM: containers and in locked rooms. They Midwest Region Current and former government are limited to officials who have a need 122 W. John Carpenter Freeway, Suite 600, employees and applicants applying for to know in the performance of their Irving, Texas 75039 employment with the Office of Thrift official duties. Officials are required to West Region Supervision. sign an access form. One Montgomery Street, Suite 400, San Francisco, California 94104 CATEGORIES OF RECORDS IN THE SYSTEM: RETENTION AND DISPOSAL: Background investigations, limited Records are retained and disposed of [FR Doc. 95–6166 Filed 3–13–95; 8:45 am] background investigations, minimal in accordance with the appropriate BILLING CODE 6720±01±M 13778 Sunshine Act Meetings Federal Register Vol. 60, No. 49 Tuesday, March 14, 1995 This section of the FEDERAL REGISTER is open for the public observation, no NEIGHBORHOOD REINVESTMENT contains notices of meetings published under public participation is permitted. CORPORATION the ``Government in the Sunshine Act'' (Pub. L. 94-409) 5 U.S.C. 552b(e)(3). MATTERS TO BE DISCUSSED: Regular Meeting of the Board of Directors Finance Docket No. 32518, The Phillips Company—Petition For Declaratory Order. TIME AND DATE: 2:00 p.m., Friday, March FEDERAL DEPOSIT INSURANCE Finance Docket No. 32479, Caddo Antoine 17, 1995. CORPORATION and Little Missouri Railroad Company— PLACE: Neighborhood Reinvestment Notice of Agency Meeting Feeder Line Acquisition—Arkansas Midland Corporation, 1325 G Street, N.W., Suite Railroad Company Line Between Gurdon and Pursuant to the provisions of the 800, Board Room, Washington, D.C. Birds Mill, AR. ‘‘Government in the Sunshine Act’’ (5 20005. Ex Parte No. 511, Petition for U.S.C. 552b), notice is hereby given that STATUS: Open. Rulemaking—Protection of Surveying the Federal Deposit Insurance CONTACT PERSON FOR MORE INFORMATION: Benchmarks in Railroad Abandonments. Corporation’s Board of Directors will Jeffrey T. Bryson, General Counsel/ Finance Docket No. 31922 (Sub-No. 1), Secretary 202/376–2441. meet in open session at 9:00 a.m. on Wisconsin Central Ltd.—Purchase Friday, March 17, 1995, to conduct a Exemption—Soo Line Railroad Company Agenda public hearing, and to consider Line Between Superior and Ladysmith, WI I. Call to Order testimony, on the Corporation’s (Arbitration Review). II. Approval of Minutes: proposals to amend the assessment rate December 16, 1994 schedule for members of the Bank CONTACT PERSONS FOR MORE III. Audit Committee Report: Insurance Fund while retaining the INFORMATION: Alvin H. Brown or A. February 22, 1995, Meeting existing assessment rate schedule Dennis Watson, Office of External a. Receive FY 1994 Audit Report from applicable to members of the Savings Affairs, Telephone: (202) 927–5350, Outside Auditors Association Insurance Fund. TDD: (202) 927–5721. b. Selection of Outside Auditors The meeting will be held in the Board c. Proposed Revisions to the Corporate Vernon A. Williams, Investment Policy Room on the sixth floor of the FDIC Secretary. IV. Budget Committee Report: Building located at 550—17th Street, [FR Doc. 95–6374 Filed 3–10–95; 3:17 pm] February 23, 1995, Meeting NW., Washington, DC. a. Proposed FY 1995 Budget Revisions The FDIC will provide attendees with BILLING CODE 7035±01±P V. Treasurer’s Report auxiliary aids (e.g., sign language VI. Executive Director’s Quarterly Management Report interpretation) required for this meeting. NATIONAL TRANSPORTATION SAFETY BOARD Those attendees needing such assistance VII. Adjourn should call (202) 942–3132 (Voice); TIME AND PLACE: 9:30 a.m., Tuesday, Veronica D. Dean (202) 942–3111 (TTY), to make March 21, 1995. Assistant Secretary/Paralegal. necessary arrangements. [FR Doc. 95–6325 Filed 3–10–95; 10:01 am] PLACE: The Board Room, 5th Floor, 490 BILLING CODE 7570±01±M Requests for further information L’Enfant Plaza, SW., Washington, DC concerning the meeting may be directed 20594. to Mr. Robert E. Feldman, Acting NUCLEAR REGULATORY COMMISSION Executive Secretary of the Corporation, STATUS: Open. at (202) 898–6757. DATE: Weeks of March 13, 20, 27, and MATTERS TO BE CONSIDERED: Dated: March 10, 1995. April 3, 1995. Federal Deposit Insurance Corporation. 6420A Railroad Accident Report: Collision PLACE: Commissioners’ Conference Robert E. Feldman, and Derailment of Amtrak Train 87 With Room, 11555 Rockville Pike, Rockville, An Intermodal Trailer Carried on CSXT Acting Executive Secretary. Maryland. Train 176 at Selma, North Carolina, May STATUS: Public and Closed. [FR Doc. 95–6433 Filed 3–10–95; 8:45 am] 16, 1994 BILLING CODE 6714±01±M 6503A Briefs of Aviation Accidents: Two MATTERS TO BE CONSIDERED: Briefs Previously Sent to the Board for Week of March 13 Approval—Talladega, Alabama and INTERSTATE COMMERCE Hohenwald, Tennessee Tuesday, March 14 COMMISSION 11:00 a.m. NEWS MEDIA CONTACT: Telephone: (202) Briefing on Investigative Matters (Closed— Commission Conference 382–0660. Ex. 5 and 7) TIME AND DATE: 10:00 a.m., March 21, FOR MORE INFORMATION CONTACT: Bea Wednesday, March 15 1995. Hardesty, (202) 382–6525. 2:00 p.m. PLACE: Hearing Room A, Interstate Dated: March 10, 1995. Briefing on Proposed Changes to NRC Fee Commerce Commission, 12th and Rule (Public Meeting) Bea Hardesty, Constitution Avenue, NW., Washington, (Contact: Jesse Funches, 301–415–7322) DC 20423. Federal Register Liaison Officer. 3:30 p.m. STATUS: The Commission will meet to [FR Doc. 95–6324 Filed 3–10–95; 10:01 am] Affirmation/Discussion and Vote (Public Meeting) (if needed) discuss among themselves the following BILLING CODE 7533±01±P agenda items. Although the conference Week of March 20—Tentative Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Sunshine Act Meetings 13779 Wednesday, March 22 (Contact: Moe Levin, 301–415–7458) Act as specific items are identified and added to the meeting agenda. If there is no specific 10:00 a.m. Week of April 3—Tentative Briefing on Status of Action Plan for Fuel subject listed for affirmation, this means that Cycle Facilities (Public Meeting) Wednesday, April 5 no item has as yet been identified as (Contact: John Hickey, 301–415–7192) 10:00 a.m. requiring any Commission vote on this date. 11:30 a.m. Briefing on PRA Implementation Plan Affirmation/Discussion and Vote (Public The schedule for Commission (Public Meeting) meetings is subject to change on short Meeting) (if needed) (Contact: Edward Butcher, 301–415–3183) notice. To verify the status of meetings Week of March 27—Tentative 11:30 a.m. Affirmation/Discussion and Vote (Public call (Recording)—(301) 415–1292: Tuesday, March 28 Meeting) (if needed) CONTACT PERSON FOR MORE INFORMATION: 2:00 p.m. ADDITIONAL INFORMATION: By a vote of 3– William Hill (301) 415–1661. Briefing on Status of Reactor Regulatory 0 on March 8, the Commission Reform Initiatives (Public Meeting) This notice is distributed by mail to (Contact: Gene Imbro, 301–415–2969) determined pursuant to U.S.C. 552b(e) several hundred subscribers; if you no and § 9.107(a) of the Commission’s rules longer wish to receive it, or would like Wednesday, March 29 that ‘‘Discussion of Management and to be added to it, please contact the 10:00 a.m. Personnel Matters’’ (CLOSED—Ex. 2 Office of the Secretary, Attn: Operations Briefing by National Academy of Sciences and 6) be held on March 8, and on less Branch, Washington, DC 20555 (301– on Status of Independent Review of than one week’s notice to the public. 415–1963). Medical Use Program (Public Meeting) By a vote of 3–0 on March 9, the In addition, distribution of this (Contact: Pat Rathbun, 301–415–7178) Commission determined pursuant to 2:00 p.m. meeting notice over the internet system Briefing on Lessons Learned from U.S.C. 552b(e) and § 9.107(a) of the will also become available in the near Enhanced Participatory Rulemakings Commission’s rules that ‘‘Affirmation of future. If you are interested in receiving (Public Meeting) Sequoyah Fuels Corporation— this Commission meeting schedule (Contact: Chip Cameron, 301–415–1642) Intervenor’s Petition for Review of the electronically, please send an electronic 3:30 p.m. Presiding Officer’s Order LBP–93–25’’ message to [email protected] or [email protected]. Affirmation/Discussion and Vote (Public (Public Meeting) be held on March 9, Meeting) (if needed) and on less than one week’s notice to Dated: March 9, 1995. Friday, March 31 the public. William M. Hill, Jr., SECY Tracking Officer, Office of the 10:00 a.m. Note: Affirmation sessions are initially Secretary. Briefing by IG and Staff Concerning Audit scheduled and announced to the public on a of HLW Licensing Support System (LSS) time-reserved basis. Supplementary notice is [FR Doc. 95–6390 Filed 3–10–95; 3:17 pm] (Public Meeting) provided in accordance with the Sunshine BILLING CODE 7590±01±M 13780 Corrections Federal Register Vol. 60, No. 49 Tuesday, March 14, 1995 This section of the FEDERAL REGISTER March 7, 1995, make the following contains editorial corrections of previously correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are On page 12403, the table is corrected prepared by the Office of the Federal to read as follows: Register. Agency prepared corrections are issued as signed documents and appear in §56.231 [Corrected] the appropriate document categories elsewhere in the issue. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 56 [Docket No. PY±92±004] RIN 0581±AA60 Voluntary Shell Egg Grading Correction In rule document 95–5543 beginning on page 12401 in the issue of Tuesday, U.S. nest- ll 1 run Nest-run grade, description percent AA quality 2 Minimum percentage of quality re- AA quality 4 ...... 20 quired (lot average) 3 A quality or better 5 ...... 85 Maximum percentage tolerance per- B quality for shell shape, pronounced ridges or thin spots, interior quality (including blood & meat spots) or cage marks 6 and blood stains 10 mitted (15 percent lot average) 3 Checks ...... 6 Loss ...... 3 Adhering dirt or foreign material 1¤2 inch or larger in diameter ...... 5 1 Stains (other than rusty or blackish appearing cage marks or blood stains), and adhering dirt and foreign material on the shell less than 1¤2 inch in diameter shall not be considered as quality factors in determining the grade designation. 2 The actual total percentage must be stated in the grade name. 3 Substitution of eggs of higher qualities for lower specified qualities is permitted. 4 No case may contain less than 10 percent AA quality. 5 No case may contain less than 75 percent A quality and AA quality eggs in any combination. 6 Cage marks which are rusty or blackish in appearance shall be considered as quality factors. Marks which are slightly gray in appearance are not considered as quality factors. BILLING CODE 1505±01±D February 14, 1995, make the following DEPARTMENT OF DEFENSE corrections: Office of the Secretary DEPARTMENT OF COMMERCE 1.On page 8481, in the first column, in the first paragraph, after the word Proposed Changes to U.S. Court of National Oceanic and Atmospheric ‘‘below’’ insert a period. Administration Appeals for the Armed Forces Rles 2.On the same page, in the 2nd 50 CFR Parts 611, 675, and 676 column, in the 21st line from the top, Correction after the word ‘‘specifications’’ insert In notice document 95–1879 [Docket No. 950206040±5040±01; I.D. ‘‘(Table 1)’’. 111494A] beginning on page 4893 in the issue of 3.On page 8482, in the third column, Wednesday, January 25, 1995, make the Groundfish Fishery of the Bering Sea in the table, under the heading entitled following correction: and Aleutian Islands; Foreign Fishing; ‘‘Roe season4’’, in the eighth line, ‘‘552 On page 4895, in the first column, Limited Access Management of (6)’’ should read ‘‘552’’. Federal Fisheries In and Off of Alaska; under DATES, in the last line, ‘‘February 4.On page 8484, in the third column, Final 1995 Harvest Specifications of 24, 1995.’’ should read ‘‘March 27, Groundfish in the first paragraph, in the first line 1995.’’. from the bottom, after the word BILLING CODE 1505±01±D Correction ‘‘mortality’’ insert a period. In rule document 95–3485 beginning BILLING CODE 1505±01±D on page 8479, in the issue of Tuesday, federal register March 14,1995 Tuesday Training; ProposedRule Powered IndustrialTruckOperator 29 CFRPart1910,etal. Administration Occupational SafetyandHealth Department ofLabor Part II 13781 13782 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: safety and health regulations for I. Background longshoring activities as 29 CFR part 9 Occupational Safety and Health (25 FR 1565, February 20, 1960). These Administration a. The General Industry Standard regulations only covered longshoring On May 29, 1971 (36 FR 10466), activities taking place aboard vessels. 29 CFR Parts 1910, 1915, 1917, and OSHA adopted some of the existing Passage of the OSH Act (84 Stat. 1590; 1918 Federal standards and national 29 U.S.C. 650 et seq.) authorized the consensus standards as OSHA standards Secretary of Labor to adopt established [Docket No. S±008] under the procedures described in Federal standards issued under other section 6(a) of the Occupational Safety statutes, including the LHWCA, as Powered Industrial Truck Operator and Health Act (OSH Act) (29 U.S.C. occupational safety and health Training 655, et.al.). Section 6(a) permitted standards under the OSH Act. OSHA to adopt, without rulemaking, Accordingly, the Secretary adopted the AGENCY: Occupational Safety and Health within 2 years of the effective date of existing shipyard employment and Administration, Labor. the Act, any established Federal longshoring regulations and recodified these rules as 29 CFR parts 1915 and ACTION: Proposed rule. standard or national consensus standard. 1918 (39 FR 22074, June 19, 1974). One of the consensus standards that Since the OSH Act comprehensively SUMMARY: The Occupational Safety and was adopted under the 6(a) procedure covered all private employment, the Health Administration (OSHA) is was the American National Standards longshoring standards also applied to proposing to revise the general industry Institute (ANSI) B56.1–1969 Safety shoreside cargo-handling operations. safety standard for training powered Standard for Powered Industrial Trucks. (See 29 CFR 1910.16.) The requirements industrial truck operators and to add Among the provisions adopted from that for the use of mechanically powered equivalent training requirements for the standard was the operator training vehicles used aboard vessels were maritime industries. The existing requirement codified at 29 CFR codified at § 1918.73. These provisions standard in part 1910 requires that only 1910.178(l), which states: did not include a requirement for the trained operators who are authorized to training of vehicle operators. Only trained and authorized operators In addition, in accordance with do so can operate powered industrial shall be permitted to operate a powered trucks and that methods of training be industrial truck. Methods of training shall be established policy codified at 29 CFR devised. The proposed training devised to train operators in the safe 1910.5(c)(2), OSHA has applied its requirements would mandate the operation of powered industrial trucks. general industry regulations to shoreside activities not covered by its development of a training program that In that consensus standard, a powered older longshoring rules. Citations also would base the amount, type, degree, industrial truck is defined as a mobile, have been issued under section 5(a)(1) and sufficiency of training on the power-driven vehicle used to carry, (the General Duty Clause) of the OSH knowledge of the trainee and the ability push, pull, lift, stack, or tier material. Act (84 Stat. 1593; 29 U.S.C. 654), since One truck may be known by several of the vehicle operator to acquire, retain, some serious hazards are not addressed different names. Included are vehicles and use the knowledge and the skills by the requirements of part 1910, 1915, that are commonly referred to as high and abilities that are necessary to safely or 1918. operate the truck. A periodic evaluation lift trucks, counterbalanced trucks, On July 5, 1983 (48 FR 30886), OSHA of each operator’s performance would cantilever trucks, rider trucks, forklift published its final standard for Marine be required. Refresher or remedial trucks; high lift trucks, high lift platform Terminals. These rules were intended to training also would be required, based trucks; low lift trucks, low lift platform address the shoreside segment of marine primarily on unsafe operation, an trucks; motorized hand trucks, pallet cargo handling. Section 1917.27 accident or near miss, or deficiencies trucks; narrow aisle rider trucks, Personnel required that: straddle trucks; reach rider trucks; found in a periodic evaluation of the (a) Qualifications of machinery operators. operator. single side loader rider trucks; high lift order picker rider trucks; motorized (1) Only those employees determined by the employer to be competent by reason of DATES: Written comments and requests hand/rider trucks; or counterbalanced training or experience, and who understand for a hearing on this proposed rule must front/side loader lift trucks. Excluded the signs, notices and operating instructions be postmarked by July 12, 1995. from the scope of the OSHA standard and are familiar with the signal code in use are vehicles used for earth moving or shall be permitted to operate a crane, winch ADDRESSES: Comments, information, over-the-road haulage. or other power operated cargo handling and hearing requests should be sent in apparatus, or any power operated vehicle, or quadruplicate to: Docket Office, Docket b. The Maritime Safety Standards give signals to the operator of any hoisting No. S–008; Room N2624; U.S. In 1958, Congress amended the apparatus. Department of Labor, Occupational Longshoremen’s and Harbor Workers’ Exception: Employees being trained and Safety and Health Administration; 200 Compensation Act (LHWCA) (44 Stat. supervised by a designated person may Constitution Avenue NW; Washington, 1424; 33 U.S.C. 901 et seq.) to provide operate such machinery and give signals to operators during training. DC 20210 (202–219–7894). maritime employees with a safe work (2) No employee known to have defective environment. The amendments (Pub. L. FOR FURTHER INFORMATION CONTACT: Mr. uncorrected eyesight or hearing, or to be 85–742, 72 Stat. 835) required Richard P. Liblong, Office of suffering from heart disease, epilepsy, or employers covered by the LHWCA to other ailments which may suddenly Information and Consumer Affairs, U.S. ‘‘furnish, maintain and use’’ equipment incapacitate him shall be permitted to Department of Labor, Occupational and to establish safe working conditions operate a crane, winch or other power- Safety and Health Administration, in accordance with regulations operated cargo handling apparatus or a Room N3641; 200 Constitution Avenue promulgated by the Secretary of Labor. power-operated vehicle. NW; Washington, DC 20210 (202–219– Two years later, the Labor Standards The Marine Terminal Standards also 8148). Bureau (LSB) issued the first set of had requirements for powered industrial Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13783 trucks at § 1917.43 Powered industrial (3) significance of nameplate data, in an area separate from other workplace trucks. However, these requirements including rated capacity, warnings, and activities and personnel; were for the operation, maintenance and instructions affixed to the truck; (2) training practice shall be conducted outfitting of those vehicles and did not (4) operating instructions and warnings in under the supervision of the trainer; the operating manual for the truck, and (3) training practice shall include the expand upon the training requirements instructions for inspection and maintenance actual operation or simulated performance of found at § 1917.27. to be performed by the operator; all operating tasks such as load handling, On June 2, 1994, OSHA published in (5) type of motive power and its maneuvering, traveling, stopping, starting, the Federal Register (59 FR 28594) a characteristics; and other activities under the conditions Notice of Proposed Rulemaking (NPRM) (6) method of steering; which will be encountered in the use of the (7) braking method and characteristics, for the revision of the longshoring and truck. with and without load; 4.19.5 Testing, Retraining, and marine terminals standards. (8) visibility, with and without load, Enforcement. That NPRM did not propose to amend forward and reverse; (a) During training, performance and oral significantly the aforementioned (9) load handling capacity, weight and load and/or written tests shall be given by the training requirements of § 1917.27 or to center. employer to measure the skill and knowledge incorporate a training requirement for (10) stability characteristics with and of the operator in meeting the requirements without load, with and without attachments; longshoring (on-board vessel) of the Standard. Employers shall establish a (11) controls-location, function, method of pass/fail requirement for such tests. operations. operation, identification of symbols; Employers may delegate such testing to c. Updated Consensus Standard (12) load handling capabilities; forks, others but shall remain responsible for the attachments; testing. Appropriate records shall be kept. Since promulgation of the OSHA (13) fueling and battery charging; (b) Operators shall be retrained when new standards, the consensus standard (14) guards and protective devices for the equipment is introduced, existing equipment specific type of truck; (ANSI B56.1) has undergone four is modified, operating conditions change, or (15) other characteristics of the specific an operator’s performance is unsatisfactory. complete revisions (dated 1975, 1983, industrial truck. 1988 and 1993). The current consensus (c) The user shall be responsible for (b) Operating environment and its effect on enforcing the safe use of the powered standard (Ex. 3–1) states: truck operation, including: industrial truck according to the provisions 4.18 Operator qualifications. (1) floor or ground conditions including of this Standard. temporary conditions; Only trained and authorized persons shall (2) ramps and inclines, with and without Note: Information on operator training is be permitted to operate a powered industrial load; available from such sources as powered truck. Operators of powered industrial trucks (3) trailers, railcars, and dockboards industrial truck manufacturers, government shall be qualified as to visual, auditory, (including the use of wheel chocks, jacks, agencies dealing with employee safety, trade physical, and mental ability to operate the and other securing devices; organizations of users of powered industrial equipment safely according to 4.19 and all (4) fueling and battery charging facilities; trucks, public and private organizations, and other applicable parts of Section 4. (5) the use of ‘‘classified’’ trucks in areas safety consultants. 4.19 Operator training. classified as hazardous due to risk of fire or (For an explanation of why OSHA 4.19.1 Personnel who have not been explosion, as defined in ANSI/NFPA 505; decided to propose a somewhat trained to operate powered industrial trucks (6) narrow aisles, doorways, overhead may operate a truck for the purposes of different standard, see section entitled wires and piping, and other areas of limited Summary and Explanation of the training only, and only under the direct clearance; supervision of the trainer. This training (7) areas where the truck may be operated Proposed Standard, below.) should be conducted in an area away from near other powered industrial trucks, other Since 1971, the consensus committee other trucks, obstacles, and pedestrians. vehicles, or pedestrians; has adopted other volumes for 4.19.2 The operator training program (8) use and capacity of elevators; additional types of vehicles that fall should include the user’s policies for the site (9) operation near edge of dock or edge of within the broad definition of a where the trainee will operate the truck, the improved surface; powered industrial truck. Specifically, operating conditions for that location, and (10) other special operating conditions and requirements have been adopted for the specific truck the trainee will operate. hazards which may be encountered. The training program shall be presented to all guided industrial vehicles, rough terrain (c) Operation of the powered industrial forklift trucks, industrial crane trucks, new operators regardless of previous truck, including: experience. (1) proper preshift inspection and personnel and burden carriers, operator 4.19.3 The training program shall inform approved method for removing from service controlled industrial tow tractors, and the trainee that: a truck which is in need of repair; manually propelled high lift industrial (a) The primary responsibility of the (2) load handling techniques, lifting, trucks. This rulemaking would adopt operator is to use the powered industrial lowering, picking up, placing, tilting; training requirements for all types of truck safely following the instructions given (3) traveling, with and without loads; powered industrial trucks regardless of in the training program. turning corners; (b) Unsafe or improper operation of a their usage and the industry in which (4) parking and shutdown procedures; they are operating. powered industrial truck can result in: death (5) other special operating conditions for or serious injury to the operator or others; the specific application. d. Petitions and Requests damage to the powered industrial truck or (d) Operating safety rules and practices, other property. including: On March 15, 1988, the Industrial 4.19.4 The training program shall (1) provisions of this Standard in Sections Truck Association (ITA) petitioned emphasize safe and proper operation to avoid 5.1 to 5.4 address operating safety rules and OSHA to revise its standard requiring injury to the operator and others and prevent practices; the training of powered industrial truck property damage, and shall cover the (2) provisions of this Standard in Section operators (Ex. 3–2). The petition following areas: 5.5 address care of the truck; contained suggested language for a (a) Fundamentals of the powered industrial (3) other rules, regulations, or practices proposed requirement along with a truck(s) the trainee will operate, including: specified by the employer at the location model operator training program by (1) characteristics of the powered where the powered industrial truck will be industrial truck(s), including variations used. which compliance with the between trucks in the workplace; (e) Operational training practice, including; recommended requirement could be (2) similarities to and differences from (1) if feasible, practice in the operation of met. OSHA responded to the petition on automobiles: powered industrial trucks shall be conducted April 8, 1988, stating that work on the 13784 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules revision of the OSHA powered carry, push, pull, lift, stack, or tier vehicle according to established rules industrial truck operator training material.’’ (such as not using the vehicle to elevate requirement would begin as soon as There are presently approximately employees who are standing on its other priority projects were completed. 822,830 powered industrial trucks in forks). On the other hand, order picker In addition to the petition, other use in American industry. This number trucks elevate the operator along with a interested persons have frequently was generated using the available platform that is used to hold material asked questions about training operators information on truck shipments of destined for storage or retrieval from of powered industrial trucks, such as: powered industrial trucks and the storage in high stacking racks or bins. • What constitutes the necessary and percentage of market that ITA members The platforms on these trucks are not sufficient training of forklift operators? control. This information was provided completely enclosed by railings, toe • How can one ensure that all forklift OSHA by the Industrial Truck boards, or other similar fall protection operators have been trained? Association. devices to prevent an operator from • What testing, if any, should be The Industrial Truck Association falling off an elevated platform. To be conducted as part of the training? stated in conversations with OSHA protected, the operator must wear a • Should the prior experience of a representatives that it considers the body harness or belt with a lanyard newly hired employee be considered as average useful life of a powered affixed to the mast of the vehicle or the fulfilling part or all of the training industrial truck to be 8 years. The 8-year overhead guard. Therefore, training for requirement or totally fulfilling the life cycle has been used throughout the employees who use order picker trucks employer’s obligation to train that preparation of this proposed rule and in must emphasize that the use of the body employee? the formulation of the Preliminary belt or harness and lanyard is essential whenever the operator is aloft. Some interested persons have Regulatory Impact Analysis. The vehicle manufacturers also estimate that there Powered industrial trucks may be suggested that OSHA develop a powered by gasoline, propane, diesel or standardized training course or at least are, on average, 1.5 operators for each industrial truck. A search of the liquified petroleum gas engines or by review and comment on or endorse electric motors. Each of the basic various training courses, programs, available literature indicates that this number has not been disputed. OSHA powerplants (except propane) and their agenda, or outlines. Others have associated components (such as suggested that OSHA license or certify believes that this number is a fair assessment of the number of powered mufflers on internal combustion engines all powered industrial truck operators to and switches and wiring on electric attest to their ability to properly operate industrial operators since many employers (particularly small trucks) may be upgraded and the entire powered industrial trucks. These truck may be approved by a nationally concerns also were considered in the employers) have one operator per truck and the vehicle is used only during one recognized testing laboratory for development of the proposed operation in certain classified hazardous rulemaking. OSHA is proposing to shift per day whereas other vehicles are used by multiple operators during areas. These classified hazardous areas amend the current powered industrial are those parts of a plant, factory or truck operator training requirements for multiple shifts. Powered industrial trucks are other workplace where there exists or general industry and to adopt the same may exist concentrations of flammable requirement for the maritime industries. classified by the manufacturers according to their individual characters. gases or vapors, combustible dust, or easily ignitible flyings or fibers so that e. Reasons for the Proposal There are seven classes of powered the risk of fire or explosion is increased. industrial trucks: As discussed in the benefits discussed The current OSHA general industry below and in the Regulatory Impact Class 1—Electric Motor, Sit-down standard for powered industrial trucks Analysis, powered industrial truck Rider, Counter-Balanced Trucks (Solid contains basic descriptions of the types accidents cause approximately 85 and Pneumatic Tires). of approved powered industrial trucks fatalities and 34,900 serious injuries Class 2—Electric Motor Narrow Aisle and the various classes, divisions, and each year. It is estimated that Trucks (Solid Tire). groups of classified hazardous areas and approximately 20 to 25 percent are at Class 3—Electric Motor Hand Trucks some of the materials whose presence least in part caused by inadequate or Hand/Rider Trucks (Solid Tires). would cause classification of those training. Class 4—Internal Combustion Engine areas. However, the number of As just discussed, the ITA and others Trucks (Solid Tires). substances whose presence causes the have requested that OSHA improve its Class 5—Internal Combustion Engine hazards of fire and/or explosion have training requirement for powered Trucks (Pneumatic Tires). increased greatly since promulgation of industrial truck operators. ANSI has Class 6—Electric and Internal the OSHA standards. (For additional substantially upgraded its Combustion Engine Tractors (Solid and information on the properties and recommended training requirements. Pneumatic Tires). classifications of materials, see the OSHA preliminarily concludes that Class 7—Rough Terrain Fork Lift National Fire Protection Association upgrading the training requirements for Trucks (Pneumatic Tires). (NFPA) 505–1992 Fire Safety Standard powered industrial truck operators will Each of these different types of for Powered Industrial Trucks Including substantially reduce a significant risk of powered industrial trucks has its own Type Designation, Areas of Use, death and injury from untrained unique characteristics, and inherent Maintenance, and Operation.) (Ex. 3–3). operators driving powered industrial hazards. To maximize the effectiveness In addition to the general trucks. of the training, it must be somewhat requirements for truck operation, such unique for each type vehicle. For as vehicle stability and load carrying II. The Powered Industrial Truck example, an operator of a high lift rider capability, training must be provided for The term powered industrial truck is truck must have an understanding of the unusual situations, such as training defined in the American Society of basics of the vehicle’s stability operators to handle asymmetrical loads Mechanical Engineers, ASME B56.1 (including those factors which affect when their work includes this activity. (formerly the ANSI B56.1 standard) as a that stability), the need to not overload The only way that unusual loads may be ‘‘mobile, power propelled truck used to the vehicle, and the need to operate the moved safely with some powered Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13785 industrial trucks is for the operator to the surface does not have an excessive combustion engine and electric powered understand and apply the principles of slope. Different type trucks are designed industrial trucks have both the moments and stability of the vehicle. and manufactured to operate in various accelerator and brake functions (These principles are explained in more work environments. Not only may combined in one pedal or other detail in the part of this preamble powered industrial trucks be used for controller providing restriction to entitled ‘‘Powered Industrial Truck moving material about the workplace, movement of the vehicle when no Hazards.’’) With many powered high lift trucks are used to raise loads pressure is applied to the pedal (or industrial trucks, the capacity is given up to 30 or 40 feet above the floor and when the controller is in the neutral as some weight at some load center deposit the material on a rack, position). As pressure is applied to the [usually 24′′ (61 cm)]. If the operator mezzanine or other elevated location pedal or other controller, the brake is does not understand that the load center and then retrieve and lower the gradually released, until at a given point is the distance from the vertical face of material. Many trucks were designed of controller travel, the brake is the forks to the center of gravity of the specifically to operate in restricted areas completely disengaged. At this point, load and that loads are usually such as narrow aisles and passageways. the vehicle can coast without restriction symmetrical, then the operator may pick Because powered industrial trucks are from the brake. Finally, as the pedal or up a load incorrectly. If the operator intended to accomplish specific tasks in other controller is actuated further, the understands that the capacity of the a particular manner, their use is motor or engine is engaged and the vehicle decreases as the load center restricted. For example, a powered vehicle moves under the power increases, then some asymmetrical or industrial truck that was designed to supplied by the engine or motor. The off-center loads may be safely picked up operate in a restricted space (such as in vehicle then moves progressively faster and moved using a high lift truck. Other a narrow aisle or passageway) must be as the pedal or controller is further type trucks, such as low lift platform manufactured with a narrow track (the actuated. Clearly good training is trucks, can handle asymmetrical or off- distance between the two wheels on the needed when design characteristics may center loads with minimum danger to same axle or at the same end of the reduce stability, limit vision or cause an employee because the load is not vehicle). In many cases, the maximum non-uniform methods of control. raised far above the ground. However, width of a truck must be significantly because these type trucks are unable to less than the minimum width of the area Powered industrial trucks also may raise loads far above the ground, they in which it is operated since the vehicle come equipped with, or can be modified are of little or no use when working in will normally have to make turns so that to accept, attachments that allow a workplace that has high stacking racks loads may be deposited in and retrieved movement of odd shaped materials or or bins where powered industrial trucks from racks or bins which are adjacent to permit the truck to carry out tasks that must be able to deposit and retrieve the aisle or passageway. Narrow aisle may not have been envisioned when the loads from considerable distances above trucks cannot be safely operated on a truck was designed and manufactured. the ground or floor. floor or the ground that is not smooth. Many of these attachments may be Powered industrial trucks also are Another design criterion, the added to or installed on the vehicle by used to move large items or many maximum lateral dimension of the the dealer or by the employer. For smaller items about the workplace vehicle, usually dictates where the example, there are powered industrial without the restrictions that generally various components of the vehicle, such truck attachments for grasping barrels or exist with other mechanical material as the engine or motor, the transmission drums of material. Some of these handling equipment. Other material and the seat for the operator, will be attachments will not only grasp a barrel handling equipment, like overhead placed. The placement of these or drum but allow the vehicle operator cranes or conveyors, are restricted to components may be higher or lower to rotate the barrel or drum to empty the moving material along a particular, than their most desirable locations. The vessel or lay it on its side. Another predetermined pathway. A powered placement of the various components at attachment that looks like a long spike industrial truck, on the other hand, may a higher point of the vehicle than is may be positioned within rolled operate along any aisleway or desirable, which is the usual case, raises material, such as carpeting. This passageway provided it is wide enough the center of gravity of the entire attachment allows the movement of to accommodate the vehicle and can vehicle, thereby making the vehicle less material without causing damage to the support the vehicle and its load. Once stable. The greater the distance that the material being handled. All of these one of these trucks has left an area, there center of gravity of the vehicle and its attachments may adversely effect the is no remaining obstruction to the flow load is above the ground, the less stable ability of a powered industrial truck to of employee or vehicular traffic, as the vehicle (if all other factors remain perform its primary function or may would normally occur when fixed constant). A more stable design of a cause the vehicle to be used safely only equipment is used. powered industrial truck would require under limited operating conditions, Powered industrial trucks may be a wider track. This would allow such as under reduced speed or load- operated in and among employees with installing the engine, transmission, and carrying capacity. OSHA recognizes that little or no inconvenience to the other components at a lower level of the certain attachments may limit the safe employees. Although it may be truck, thereby lowering the center of use of the vehicle. To ensure that convenient to operate a powered gravity of the vehicle. modifications or additions do not industrial truck around employees, this Because the powered industrial truck adversely affect the safe use of the can be dangerous, particularly when the is a motor vehicle, its operation is vehicle, OSHA requires at employees may be hidden from view similar to the automobile and some of § 1910.178(b)(4) that: its hazards are the same as those (for example, when they are working (4) Modifications and additions which behind stored material.) experienced during operation of the affect capacity and safe operation shall not be These trucks may operate on almost automobile. Like the automobile, the performed by the customer or user without any type surface, from smooth and level internal combustion engine powered the manufacturer’s prior written approval. floors to rocky, uneven ground, industrial truck will move when the gas Capacity, operation, and maintenance provided they were manufactured to pedal depressed, and stop when the instruction plates, tags, or decals shall be operate on that type floor or ground and brake is applied. Some internal changed accordingly. 13786 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules When the use of specialized unstable operation does not exist loading dock or other elevated walking attachments restricts the use of the (except in the most extraordinary or working surface. Failure to maintain powered industrial truck or when the circumstance) with the low lift platform control of the vehicle also may cause the truck is used to lift people, it is essential truck, the motorized hand truck or the vehicle to strike an employee or some that operator training must include motorized hand/rider truck because stored material, causing the material to instruction on the safe use of the vehicle each of these trucks does not allow the topple and possibly injure another so that the operator knows and raising of the load to a point that will employee. In these cases, training which understands the restrictions or cause the vehicle to become unstable. reinforces driver training is necessary so limitations that are imposed upon the On the other hand, the counterbalanced that the operator will react properly to operation of the vehicle by the rider truck and the order picker truck minimize the hazard to him or herself utilization of those attachments. allow the load to be raised very high, and to other employees. Another type of attachment that alters causing the vehicle to become less Although there are many similarities the basic use of the vehicle and presents stable as the load is raised. between the automobile and the unique hazards is an overhead hoist Each type truck has different hazards powered industrial truck, there are also attachment. It is made up of a rail (like associated with its operation. For many differences. Here greater training an I-beam) that is attached to the truck example, the chance of a falling load is required so that operators are aware and supports an overhead hoist. It is accident occurring when the truck is a of the differences. Some of the very easy for an operator to pick up a sitdown, counterbalanced rider truck is characteristics of a powered industrial load with an overhead hoist attachment much greater than when the vehicle is truck that have a pronounced effect while the load is close to the vehicle a motorized hand truck because the upon its operation and safety that are and, without realizing it, exceed the height that the load can be raised on the outside their auto driving experience are moment of the vehicle by moving the sitdown rider truck is much greater than its ability to change its dynamic load further from the body of the the hand truck. stability, to raise, lower and tilt loads, vehicle. In order to operate this type Correspondingly, the method or and to steer with the rear wheels while attachment successfully, the operator means to prevent the accident or to powered by the front wheels. The must have specific training in the use of protect the employee from injury may capability to move loads upwards, this attachment, including training in be different with different type trucks. downwards, forwards and backwards calculating the maximum load at When a rider truck is involved in a causes a shift of the center of gravity of different points in front of the vehicle tipover accident, the operator has the the vehicle and can adversely affect the and instruction in the causes of opportunity to remain in the operator’s overall stability. When a load is raised longitudinal vehicle tipover and its position on the vehicle during the or moved away from the vehicle, the prevention. tipover, thereby minimizing the vehicle’s longitudinal stability is In an attempt to improve the load potential for injury. In most cases, the decreased. When the load is lowered or carrying capability of the vehicle, some operator of a rider truck is injured in a moved closer to the vehicle, its people add extra counterweights to tipover accident when he or she longitudinal stability is increased. powered industrial trucks. Although attempts to jump clear of the vehicle To mitigate the hazards of stability this will increase the ability of the when it begins to tip over. Because the caused by the movement of the material vehicle to resist longitudinal tipover natural tendency of the operator is to being handled, OSHA has seven when the vehicle is overloaded, jump downward, he or she lands on the provisions that address proper operation additional weight imposes extra stresses floor or ground and is then crushed by of a powered industrial truck. These on the vehicle and its components. The the overhead guard of the vehicle. provisions are § 1910.178 (n)(15), (o)(1), added stresses also can cause changes in Consequently, the operator should be (o)(2), (o)(3), (o)(4), (o)(5), and (o)(6). the driving characteristics of the vehicle trained to stay with the vehicle during These provisions specify: and premature failure of the truck and a lateral tipover. On the other hand, its components, sometimes with when an order picker tips over with the (15) While negotiating turns, speed shall be catastrophic effects. Training is needed platform in a raised position, generally reduced to a safe level by means of turning the hand steering wheel in a smooth, so that operators avoid creating those the operator should attempt to jump sweeping motion. Except when maneuvering hazards. clear of the vehicle, and should be at a very low speed, the hand steering wheel trained accordingly. III. Powered Industrial Truck Hazards shall be turned at a moderate, even rate. Because the powered industrial truck (O) Loading. (1) Only stable or safely Powered industrial trucks are used in is a motor vehicle, its operation is arranged loads shall be handled. Caution all industries. Their principle utility lies similar to the automobile and some of shall be exercised when handling off-center in the fact that either a large number of its hazards are the same as those loads which cannot be centered. objects confined in a large box, crate or experienced during operation of the (2) Only loads within the rated capacity of other container or large objects may be automobile. Both the automobile and the truck shall be handled. (3) The long or high (including multiple- moved about the workplace with the powered industrial truck are subject tiered) loads which may affect capacity shall relative ease. Since powered industrial to some of the same hazards such as be adjusted. truck movement is controlled by the contacting both fixed and movable (4) Trucks equipped with attachments shall operator and is not restricted by the objects (including employees) and be operated as partially loaded trucks when frame of the machine or other tipping over. not handling a load. impediments, virtually unrestricted Additionally, there are hazards (5) A load engaging means shall be placed movement of the vehicle about the associated with operating the vehicle at under the load as far as possible; the mast workplace is possible. an excessive rate of speed and the shall be carefully tilted backward to stabilize The hazards that are commonly hazard of skidding on a wet or the load. (6) Extreme care shall be used when tilting associated with powered industrial otherwise slippery ground or floor. the load forward or backward, particularly trucks may not exist or be as Driving a powered industrial truck at an when high tiering. Tilting forward with load pronounced for every type, make or excessive rate of speed may result in the engaging means elevated shall be prohibited model vehicle. For example, the hazard loss of control of the vehicle, causing except to pick up a load. An elevated load of tipping over the vehicle due to the vehicle to skid, tipover, or fall off a shall not be tilted forward except when the Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13787 load is in a deposit position over a rack or by excessive carbon monoxide and State records to gather pertinent stack. When stacking or tiering, only enough exposure) or when the powered information. Work relationships are backward tilt to stabilize the load shall be industrial truck was not being verified by using at least two source used. maintained properly. documents. Knowledge of, and adherence to these Each of these hazards may be more or The program collects information on principles, as well as the other less consequential based upon the the workers and the circumstances requirements of the OSHA standard, are method of operation of the powered surrounding each fatality. The data are essential for safe load handling and industrial truck, the loads being carried, compiled on an annual basis. vehicle operation. Training is needed in and the workplace where the vehicle is In April, 1994, BLS published a these requirements. being operated. Truck operators must be booklet entitled, Fatal Workplace Each powered industrial truck has a trained to recognize unsafe conditions Injuries in 1992: A Collection of Data different ‘‘feel’’ that makes its operation and how to react to them when they and Analysis (Ex. 3–4). In this booklet, slightly different from the operation of occur. there was an article written by Gary A. other trucks. The workplaces where Several features of a powered Helmer entitled, Fatalities Involving these trucks are being used also present industrial truck contribute either Forklifts and Other Powered Industrial particular hazards. For these reasons, a directly or indirectly to the existence or Carriers, 1991–1992. This report uniform or consistent set of hazards for severity of the hazards of the vehicle. contains information contained in the all industrial trucks and their operation Some of the factors, that would either CFOI on 170 fatal powered industrial cannot be delineated. The hazards create or enhance the hazards of the truck accidents. Table 1 lists the addressed in this section relating to the particular truck, are the placement of classifications of those powered use of powered industrial trucks have the critical components of the vehicle, industrial truck accidents. been generalized rather than being make the age of the vehicle, and the manner or model specific. For this reason, in which the vehicle is operated and TABLE 1.ÐCLASSIFICATION OF FORK- development of a single ‘‘generic’’ maintained. LIFT FATALITIES, CFOI, 1991±1992 training program which fits all powered There are other hazards related to the industrial trucks and their operation is use of powered industrial trucks that are How accident occurred No. Percent impractical. In developing an effective caused or enhanced by the training program, there are three major characteristics of the workplace. Those Forklift overturned ...... 41 24 areas of concern regarding the hazards hazards include the following: operating Forklift struck some- of the operation of powered industrial powered industrial trucks on rough, thing, or ran off dock . 13 8 trucks. The three major groups of uneven or unlevel surfaces; operating Worker pinned between hazards of powered industrial trucks objects ...... 19 11 powered industrial trucks with unusual Worker struck by mate- and their operation are hazards loads; operations in hazardous rial ...... 29 17 associated with the particular make and (classified) areas; operation in areas Worker struck by forklift 24 14 model truck, hazards of the workplace, where there are narrow aisles; where Worker fell from forklift . 24 14 and general hazards that apply to the there is pedestrian traffic; or where Worker died during fork- operation of all or most powered employees are working in or adjacent to lift repair ...... 10 6 industrial trucks. the path of travel of the powered Other accident ...... 10 6 There are other hazards caused by industrial truck. Total ...... 170 100 improper operation of a powered The operation of a powered industrial industrial truck. Among these hazards truck presents hazards not only to the Source: Bureau of Labor Statistics, Fatal are: Falling loads caused by overloading operator, but also endangers other Workplace Injuries in 1992, A Collection of Data and Analysis, Report 870, April 1994. or improperly loading powered employees working with or around the industrial trucks (including carrying vehicle. As explained in the section B. Measuring the Effectiveness of an unbalanced or unstable loads); the entitled ‘‘Accident, injury and other Industrial Lift Truck Safety Training vehicle falling from platforms, curbs, data’’, below, employees other than Program. trailers or other surfaces on which the operators have been injured or killed in In 1984, H. Harvey Cohen and Roger vehicle is operating; driving the vehicle accidents involving powered industrial C. Jensen, working under contract with while the operator has obstructed view trucks. Proper training can reduce the National Institute for Occupational in the direction of travel or the operator accidents resulting from the above Safety and Health (NIOSH), published not paying full attention to the causes. an article in the Journal of Safety operation of the powered industrial Research (Fall 1984, Vol. 15, No. 3, pps. truck; and the vehicle being operated at IV. Accident, Injury and Other Data 125–135) entitled, Measuring the an excessive rate of speed. OSHA has This section of the preamble contains Effectiveness of an Industrial Lift Truck identified several accidents that have a discussion of the reports, studies and Safety Training Program (Ex. 3–5). The occurred when an employee other than other sources of data and information article contained an analysis of two the operator is ‘‘given a ride’’ on a that were analyzed to determine the studies that were undertaken to measure powered industrial truck. Most trucks magnitude and extent of the problems objectively the effects of safety training were designed and are intended to allow that powered industrial truck operator of powered industrial truck operators. only the operator to ride on the vehicle. training can mitigate. This article detailed the results of an The carrying of other persons may result A. The Bureau of Labor Statistics experiment that was conducted to in an accident when that other person (BLS) maintains a database entitled, evaluate the value of training powered either falls from the vehicle or contacts Census of Fatal Occupational Injuries industrial truck operators using a some obstruction when the vehicle is (CFOI). The CFOI is a compilation of behavioral (work) sampling procedure driven in proximity to that obstruction. information on fatal work injuries that to obtain objective data about work Finally, powered industrial truck occurred in the 50 States and the practices that correlate with injury risk. accidents have occurred because the District of Columbia. The CFOI uses There were two separate studies vehicle was not maintained (most death certificates, workers conducted in this experiment, one at commonly, employees being overcome compensation reports and other Federal each of two similar warehouses. The 13788 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules studies that comprised the experiment avoids quick starts/changes of direction, conducted with none of the operators were conducted to assess the value of keeps all body parts within truck, having received special training. During training and the influence of post maintains forks in proper position, the second phase, the control group training actions on the safety maintains balanced load, and drives remained untrained, the treatment performance of workers. properly in reverse. Each observation of group received training, and the the operation of the powered industrial There were 14 criteria used in treatment-plus-feedback group received trucks resulted in all criteria being measuring the performance of the training and also received performance evaluated (either correctly performed, trainees. Each of the criterion was feedback. In the third phase, the control incorrectly performed, or not observed). group received training so that all three selected because it was (a) measurable, An error rate for each criterion was (b) frequently observable, (c) capable of groups had received training but only calculated by dividing the number of the training-plus-feedback group being reliably observed, (d) related to incorrect behaviors observed by the total accident occurrence, and (e) amenable received performance feedback. The behaviors observed. retention phase started three months to corrective action through training. Each of the groups of employees were after the end of the third phase of the The fourteen criteria observed were: subdivided into smaller groups. These study and the performance of all Warns other operators, yields to trucks, groups were then given training at operators was evaluated without regard warns co-workers, yields to co-workers, different times during the study and, in sounds horn at blind intersection, slows some cases, additional feedback to their previous categorization. down at blind intersection, looks at following the training. The error rates of the various groups blind intersection, looks in direction of The first study was conducted in four during the different phases of the study travel, maintains moderate speed, phases. The pretraining phase was are given in Table 2. TABLE 2.ÐSUMMARY OF MEAN ERROR RATES 1 [Warehouse 1] Group Pre-training Post-training 1 Post-training 2 Retention Control ...... 34 .32 .23 Training ...... 33 .27 .26 Training + Feedback ...... 35 .27 .25 All operators ...... 34 .27 .25 .19 The mean error rate is defined in the study as the number of incorrect behaviors observed divided by the total behaviors observed. NOTE: The mean error rate for all operators began at .34, that is, in 34 percent of the observed criteria, the tasks observed and evaluated were performed improperly. Source: Measuring the Effectiveness of Industrial Lift Truck Safety Training Program, Journal of Safety Research, Vol. 15, No. 3, Fall 1984, pp. 125±135. Following the initial training (post- control group. This group’s performance The second study was conducted in training 1), all three groups showed a improved by 28 percent (from a mean order to verify and extend the findings decrease in their mean error rates with error rate of .32 to .23). Additional of the first study. Consequently, a the training-plus-feedback group evidence of the effect of peer modeling modified experimental design was used showing the largest decrease (from .35 may be deduced from the fact that the to eliminate the mitigating influence of to .27, a 23 percent decrease) followed performance of the other two groups the untrained control group. In the by the training-only (from .33 to .27, an (the training and the training and second study, all operators were trained 18 percent decrease) and the control feedback groups) continued to improve at the same time and all received group (from .34 to .32, a 6 percent although there was no additional performance feedback. Comparisons decrease). The reduction in the error instruction given to those groups. were made only before and after rate of the control group from the pre- training. The study was divided into training to the post-training 1 phase of The retention phase of the study was three phases: Pre-training, post-training the study was attributed to a peer conducted three months following the and retention. The retention phase of modeling influence, i.e., the control completion of the post-training 2 phase the study was again conducted three group operators were copying the of the study. It was intended to months after the conclusion of the prior behavior of their previously trained determine the longer term effects of the phase. The mean error rates during the counterparts. Toward the end of the training. The results of this phase of the three phases of the study are given in post-training 1 phase, the error rates of study indicate an additional Table 3. the three groups converged, suggesting improvement in the performance of the that the effects of the training program operators with the mean error rate TABLE 3.ÐSUMMARY OF MEAN ERROR had begun to wear off. Observers also decreasing from .25 to .19, a 24 percent RATES STUDY 2 noted that some behaviors were being improvement in their performance. The compromised when employees of total performance gain achieved during Pre-training Post-training Retention different knowledge levels were this study was a 44 percent required to interact, particularly in improvement from the pre-training .23 .09 .07 conflict avoidance situations such as (baseline) phase through the retention Source: Measuring the Effectiveness of In- signaling and yielding at blind phase (from a mean error rate of .34 to dustrial Lift Truck Safety Training Program, intersections. a final error rate of .19). The data Journal of Safety Research, Vol. 15, No. 3, During the post-training 2 phase of indicate that there were significantly Fall 1984, pp. 125±135. the study, all groups improved in fewer errors at each successive phase of Following the training of the vehicle performance, particularly the original the study. operators, there was a 61 percent Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13789 improvement in performance scores the head by part of a load which fell corresponding percentage of the (from an error rate of .23 to .09). from a powered industrial truck, the accidents is listed in Table 4. Observation in the retention phase of accident could be classified as employee this study showed an additional struck by falling object. In either case, TABLE 4.ÐPERCENTAGE DISTRIBUTION reduction of 22 percent in mean error the accident would have involved a OF POWERED INDUSTRIAL TRUCK IN- rates (from .09 to .07 mean error rate). powered industrial truck, but in neither JURIES BY OCCUPATION OF INJURED This corresponds closely to the 24 case would the accident have been EMPLOYEE percent gain experienced in Study 1. classified as one in which a powered The overall improvement in mean error industrial truck was involved. Occupation Percent rates between the pre-training error rate The Supplementary Data System (.23) to that achieved during the (SDS) database is composed of workers’ Professional, technical and kindred retention phase (.07) was a reduction of compensation claims for injuries workers ...... 0.3 70 percent. involving lost workdays. There were 30 Managers and administrators (ex- C. In 1987, Nancy Stout-Wiegand of states that provided information to the cept farm) ...... 2.0 Sales workers ...... 0.8 the National Institute for Occupational SDS system. The SDS system reports the Safety and Health (NIOSH) published an Clerical and kindred workers ...... 5.0 occupations of injured workers and Craftsmen and kindred workers ..... (15.5) article in the Journal of Safety Research states where the claim was filed. SDS Mechanics ...... 6.5 (Winter 1987, Vol 18, No. 4, pp. 179– includes only compensable injuries. The Foremen ...... 3.0 190) entitled, Characteristics of Work- definition of a compensable injury Other craftsmen and kindred Related Injuries Involving Forklift varies from state to state, with some workers ...... 6.0 Trucks (Ex. 3–6). This article analyzed injuries being compensable, for Operatives (except transportation) . (17.5) powered industrial truck injuries example, if they result in one day or Assemblers ...... 1.4 reported in two occupational injury more away from work. In other states, Packers/wrappers ...... 1.1 databases—the National Electronic Welders ...... 0.9 the time away from work may be up to Miscellaneous/unspecified Injury Surveillance System (NEISS) and 7 days before the injury becomes the Bureau of Labor Statistics’ operatives ...... 9.2 compensable. Other operatives ...... 4.9 Supplementary Data System (SDS). The SDS and NEISS data do not Transportation equipment oper- The NEISS database is composed of necessarily represent the same injuries atives ...... (20.8) records from a national sample of 200 because injuries treated in emergency Powered industrial truck opera- hospital emergency rooms and burn rooms do not always result in lost tors ...... 12.3 centers handling all types of injuries. workdays. At the same time, Truck drivers ...... 5.5 The NEISS database was originally Motormen ...... 1.7 established by the Consumer Product compensable injuries included in SDS Deliverymen ...... 1.2 Safety Commission, therefore, the may not have been treated in emergency Other transportation equipment original intent was to gather data about rooms and thus would not be operators ...... 0.1 accidents involving commercial represented in NEISS. However, both of Laborers (except farm) ...... (37.3) products rather than industrial injuries. these databases represent the more Warehousemen ...... 10.4 Freight and material handlers ..... 7.3 The hospital emergency rooms were not serious injuries involving powered industrial trucks, that is, those requiring Stock handlers ...... 4.4 necessarily those located in industrial Construction laborers ...... 2.2 areas that would predominantly treat treatment in emergency rooms and those which result in compensable injuries. Miscellaneous/unspecified labor- industrial injuries and illnesses. The ers ...... 8.0 data from this sample are weighted to In 1983, the SDS system identified Other laborers ...... 1.6 represent the nation in numbers and 13,417 workers’ compensation claims Farmers (managers and laborers) . 1.5 characteristics of traumatic injuries for lost-workday injuries involving Service workers ...... 1.8 treated in emergency rooms and burn powered industrial trucks that occurred Occupations unspecified ...... 1.1 in 30 states. Assuming that these 30 centers. A subset of this database—the Source: Characteristics of Work-Related In- work related injuries—is maintained by states represent an average of the whole juries Involving Forklift Trucks, Journal of NIOSH. Since the NEISS database population, then the number of Safety Research, Vol. 18 No. 4, Winter 1987, records only injuries treated in accidents which occurred nationally pp. 179±190. emergency rooms and burn centers, would be five-thirds of the 13,417 D. Industrial Forklift Truck traumatic work injuries treated by accidents, or approximately 22,400 Fatalities—A Summary. compensation claims for lost-workday private practitioners or by industry or The Office of Data Analysis (ODA) of injuries involving powered industrial private clinics are not included in the OSHA’s Directorate of Policy conducted trucks filed nationally. This number is NEISS database. Moreover, chronic an examination of 53 investigative case comparable to the estimated 24,000 injuries, such as injuries due to files involving powered industrial truck forklift-related injuries that were treated overexertion, are not as likely to be fatalities that occurred between 1980 in U.S. emergency rooms in 1983 as treated in emergency room as are acute and 1986 (Ex. 3–7). The results of their reported by NIOSH from information traumatic injuries, and, therefore are analysis is summarized below. probably underrepresented in the NEISS gathered by the NEISS system. In 1985, the NEISS system figures were used to database. Other probable sources of TABLE 5.ÐOFFICE OF DATA ANALYSIS determine that about 34,000 powered error in the calculation of accident rates TYPE ACCIDENTSÐ53 POWERED IN- include misclassification of the sources industrial truck related accidents were DUSTRIAL TRUCK FATALITIES of injury or the agent of injury. For treated in emergency rooms. This is an increase of about 39% over a three-year example, if an employee fell while Type accident No. Percent elevated on the forks of a powered period of time. industrial truck, the accident could be This report also contained a Crushed by tipping vehi- misclassified as a fall from elevation tabulation of the occupations of the cle ...... 22 42 rather than a fall from a forklift. injured workers. The breakdown of the Crushed between vehi- Similarly, if an employee were struck in occupations of those employees and the cle and a surface ...... 13 25 13790 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules TABLE 5.ÐOFFICE OF DATA ANALYSIS Of the five accidents which were TABLE 6.ÐCAUSES OF ACCIDENTS 1Ð TYPE ACCIDENTSÐ53 POWERED IN- identified as an employee being struck OSHA INVESTIGATION SUMMARIES DUSTRIAL TRUCK FATALITIESÐCon- or run over by vehicle, four were (OSHA 170S)ÐContinued tinued accidents where employees other than the vehicle operator were struck by the Cause No. of Type accident No. Percent vehicle. The remaining one was an reports operator trying unsuccessfully to board Crushed between two a free rolling vehicle. Obstructed view ...... 10 vehicles ...... 6 11 E. The OSHA Fatality/Catastrophe Carrying excess passenger ...... 8 Struck or run over by Reports. OSHA records a summary of Operator inattention ...... 59 vehicle ...... 5 10 the results of investigations of all Falling from platform or curb ...... 9 Struck by falling mate- accidents resulting in fatalities, Falling from trailer ...... 6 rial ...... 4 8 Elevated employee ...... 26 catastrophes, amputations and Fall from platform on Operator struck by load ...... 37 forks ...... 2 4 hospitalizations of two or more days, Other employee struck by load ...... 8 Accidental activation of and those accidents that have received Accident during maintenance ...... 14 controls ...... 1 2 significant publicity or property Vehicle left in gear ...... 6 damage. These summaries are recorded Source: Industrial Forklift Truck FatalitiesÐA Speeding ...... 5 Summary, Report from Office of Data Analy- on an OSHA Form 170 and include an Not powered industrial truck acci- sis, Directorate of Policy, OSHA, dated June abstract describing the activities taking dent ...... 9 1990. place at the time of the accident and the 1 The causes of the accidents were deter- The single largest cause of the causes of the accident. These reports are mined by the narrative in the accident report. accidents was vehicle tipovers. These stored in a computerized database In most cases, the narrative emphasized the tipovers were attributed to the system. cause of the accident, however, in a few OSHA queried the computer for all cases, reasonable and appropriate assump- following: (1) The vehicle being out of tions were made. In some cases, multiple ac- control (speeding, elevated loads, reports that contained the keyword cident causes were described in the narrative mechanical problems, etc.; 7 instances— ‘‘industrial truck’’. There were 4268 portion of the report, or were assumed to have 13 percent); (2) the vehicle being run total reports in the system that resulted caused the accident. (See Ex. 3±8.) in 3038 fatalities, 3244 serious injuries, 2 Of the 19 instances when the report con- off/over the edge of the surface (4 tained the indication that a lack of training was instances—8 percent); (3) attempting to and 1413 non-serious injuries (many of one of the causal factors of the accident, there make too sharp a turn (excessive speed, the accidents resulted in multiple were 6 serious violations issued, 2 other unbalanced load, etc.; 4 instances—8 fatalities and/or injuries). The use of the (nonserious) violations and 11 instances where no citation was issued. percent); (4) employee jumped from keyword ‘‘industrial truck’’ produced a Source: Office of Electrical, Electronic and overturning vehicle being pulled by printout of 208 accidents (Ex. 3–8). These 208 accidents resulted in 147 Mechanical Engineering Safety Standards, Di- another vehicle (2 instances—4 rectorate of Safety Standards Programs, percent); vehicle skidded or slipped on fatalities, 115 serious injuries and 34 OSHA. slippery surface (2 instances—4 non-serious injuries. percent); (5) wheels on one side of By adding the number of fatalities, Using the OSHA Form 170 data, vehicle ran over raised surface or object serious injuries and non-serious injuries OSHA also compiled a listing of the (2 instances—4 percent); and (6) vehicle and dividing by the number of industries in which accidents occurred. tipped over when struck by another accidents, it was determined that 1.4 Table 7 presents a tabulation of the SIC vehicle (1 instance—2 percent). injuries of some nature occurred per codes, the description of the industry, The second highest number of accident. OSHA also determined the and the number of times that accidents fatalities reported in the ODA study was percent of each of the three classes of were identified as having occurred in caused by an employee being crushed accidents that involved powered those industries. For a complete listing between a vehicle and a surface. The industrial trucks. Those percentages are of the individual industries, see Ex. 3– accidents were attributed to: (1) The 4.8 percent of the fatalities, 3.5 percent 9. operator getting off the vehicle while it of the serious injuries and 2.4 percent of was running (7 instances—13 percent); the non-serious injuries were TABLE 7.ÐINDUSTRIES WHERE ACCI- (2) worker on platform being crushed attributable to an accident that involved DENTS OCCURREDÐOSHA INVES- between platform and overhead surface a powered industrial truck. TIGATIVE SUMMARY (OSHA FORM (2 instances—4 percent); (3) employees OSHA looked at the OSHA 170s to 170) REPORTS leg being caught when vehicle determine the causes of the accidents that were attributable to the use of sideswiped metal surface (1 instance— SICP divi- Description Times 2 percent); (4) employee attempting to powered industrial trucks in general sion cited prevent vehicle tipover by holding up industry. Table 6 presents a compilation overhead guard (1 instance—2 percent); of the causes of those accidents. B ...... Mining ...... 4 C ...... Construction ...... 25 (5) employee changing tire and vehicle 1 D ...... Manufacturing ...... 95 fell from jack (1 instance—2 percent) TABLE 6.ÐCAUSES OF ACCIDENTS Ð OSHA INVESTIGATION SUMMARIES E ...... Transportation, com- 22 and (6) empty 55 gallon drum used for munication and utili- support vehicle during maintenance (OSHA 170S) ties. collapsed (1 instance—2 percent). F ...... Wholesale trades ...... 25 The six accidents that were attributed No. of G ...... Retail trades ...... 18 Cause reports to employees being crushed between I ...... Services ...... 7 two vehicles were caused by contact No training 2 ...... 19 J ...... Public administration .. 4 between two moving powered industrial Improper equipment ...... 10 NOTE: The breakdown of accidents does not trucks (4 cases) and between a powered Overturn ...... 53 include agricultural accidents since establish- industrial truck and a stationary vehicle Unstable load ...... 45 ments of 10 or less employees in this industry in the other two instances. Overload, improper use ...... 15 are exempt from OSHA jurisdiction. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13791 Source: Office of Electrical, Electronic and is disseminated to the responsible accidents closely parallel the Mechanical Engineering Safety Standards, Di- officials in OSHA and to the directorates distribution of the causes of all rectorate of Safety Standards Programs, OSHA. of the Agency. These reports are broken accidents. down within the various offices and F. The OSHA Emergency OSHA has examined the First Report distributed to the appropriate personnel. of Serious Injury reports and identified Communications System Reports. There are approximately 1200 reports 247 that involved powered industrial OSHA has another internal system for received by the National Office yearly. trucks. These accidents occurred collecting information about serious See Ex. 3–10. accidents. This is a telephone system None of the reports are screened between 1980 and the present. OSHA which requires that serious and/or before the OSHA National Office looked at the number of accidents significant accidents be telephoned into receives them to eliminate those from a reported through its telephonic system the National Office. certain industry, occupation or because and determined the percentage of those The telephone call system is part of of other factors. Although these reports accidents that involved powered the OSHA emergency communications may not be considered statistically industrial trucks. Table 8 contains a system. Regional Administrators are significant by themselves in attempting listing of the number of First Reports of required to file a first report of fatalities, to determine the number of accidents Serious Accident reports which were catastrophes and other important events that have occurred, the lack of prior received from 1980 to present, the (such as those that receive significant screening indicates that they represent a number of those accidents which publicity) to the National Office. The reasonable sampling of the most serious involved powered industrial trucks, and information contained in these reports type accidents and that the causes of the the corresponding percentage. TABLE 8.ÐYEARLY SUMMARY OF FIRST REPORT OF SERIOUS ACCIDENTS Total Pit Year reports accidents Percent 1980 ...... 200 2 1 1981 ...... 125 2 1.6 1982 ...... 113 0 0 1983 ...... 115 3 2.6 1984 ...... 181 1 .6 1985 ...... 456 15 3.3 1986 ...... 1,147 44 3.8 1987 ...... 1,236 38 3.1 1988 ...... 1,330 47 3.5 1989 ...... 1,150 44 3.8 1990 ...... 1,105 41 3.7 1991 ...... 1 215 10 4.7 Totals 2 ...... 6,424 247 3.6 1 These are the number of total reports received between the first of the year until March 31. 2 The total number of reports, the number of accidents involving powered industrial trucks and the percentage were calculated using the figures from 1985±1990. The number of accidents reported during the years 1980±1984 and those reported during 1991 were too few to be representa- tive. Source: Office of Electrical, Electronic and Mechanical Engineering Safety Standards, Directorate of Safety Standards Programs, OSHA. Each of these reports were examined TABLE 9.ÐCAUSES OF ACCIDENTS issued between 1979 and 1984 for to determine the causes of the accidents. (POWERED INDUSTRIAL TRUCKS) violations of the general duty clause In some instances, multiple causes were FIRST REPORTS OF SERIOUS ACCI- (section 5(a)(1)) of the Occupational identified. Table 9 lists the causes of the DENTÐContinued Safety and Health Act. During that accidents and the number of accidents period, there were a total of 3637 which were attributable to that cause. No. Ac- inspections in which at least one 5(a)(1) Cause of the accident cidents citation was issued. See Ex. 3–11. TABLE 9.ÐCAUSES OF ACCIDENTS Sixty-five general duty clause Employees overcome by carbon (POWERED INDUSTRIAL TRUCKS) monoxide or propane fuel ...... 10 citations involved powered industrial FIRST REPORTS OF SERIOUS ACCI- Faulty powered industrial truck ...... 7 truck operations. Each was examined to DENT Unloading unchocked trailer ...... 7 determine the nature of the violation. Employee fell from vehicle ...... 7 Table 10 lists the violation that was No. Ac- Improper use of vehicle ...... 6 alleged to have occurred. Cause of the accident cidents Electrocutions ...... 2 Source: Office of Electrical, Electronic and TABLE 10.ÐSUMMARY OF GENERAL Tipover ...... 58 Mechanical Engineering Safety Standards, Di- DUTY CLAUSE (5(A)(1)) CITATIONS Struck by powered industrial truck . 43 rectorate of Safety Standards Programs, Struck by falling load ...... 33 OSHA. No. in- Elevated employee on truck ...... 28 Violation stances Ran off loading dock or other sur- G. The OSHA General Duty Clause face ...... 16 Citation Analysis. Employee elevated on forks ...... 44 Improper maintenance procedures 14 The Office of Mechanical Engineering Improper operation of vehicle ...... 13 Lost control of truck ...... 10 Safety Standards of OSHA, conducted Improper maintenance on vehicle .. 5 Truck struck material ...... 10 an analysis of the citations which were No vehicle operator training ...... 2 13792 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules TABLE 10.ÐSUMMARY OF GENERAL industrial trucks will be involved in an TABLE 11.ÐCAUSES OF POWERED IN- DUTY CLAUSE (5(A)(1)) CITATIONSÐ accident this year (this assumes a truck DUSTRIAL TRUCK ACCIDENTSÐCon- Continued is involved in only one accident this tinued year). Since the ITA has stated that the No. in- useful life of a powered industrial truck Study Violation stances is 8 years, that means that at some point Cause during its useful life, almost two-thirds ODA study Fat/cats First Order picker without fall protection 1 of the powered industrial trucks will be reports Source: Office of Electrical, Electronic and involved in some type accident (again, Employee Mechanical Engineering Safety Standards, Di- assuming there is only one accident per fell from rectorate of Safety Standards Programs, truck). OSHA. vehicle ...... 7 OSHA also looked at the type Electrocu- V. Basis for Agency Action accidents that were described in the tion ...... 2 OSHA believes that, as the above section of this preamble entitled 1 This number represents the accidents due discussion indicates, that there is a ‘‘Accident, injury and other data.’’ The to material that was in the powered industrial sufficient body of data and information three reports that contained that truck (a portion of the load) falling on an em- information were the ‘‘Industrial ployee-33 cases, and stacked material falling on which to base a revision of the on an employee when struck by a powered in- existing standard for powered industrial Forklift Truck Fatalities—A Summary’’ dustrial truck-10 cases. truck operator training and the (ODA Study); ‘‘The OSHA Fatality/ 2 This number represents the accidents due promulgation of the same requirement Catastrophe Reports’’ (Fat/Cat Study); to the operator leaving the vehicle in gear, dis- for powered industrial truck operator and the ‘‘OSHA Emergency mounting the vehicle and being struck when Communications System Reports, First the vehicle moved. training in the construction, maritime 3 This number represents the number of ac- and agriculture industries. These Reports.’’ The number of different types cidents when either the vehicle was used im- requirements would reduce the number of accidents are given in Table 12, properly (6 instances) or the vehicle was de- of fatalities and injuries resulting from below. Since the Industrial Forklift fective (7 instances). accidents involving powered industrial Truck Fatalities report was the only one 4 This number represents the number of ac- cidents when the operator drove the vehicle trucks operated by untrained or that used a single causation off an elevated dock (16 instances) or fell insufficiently trained employees. methodology for categorizing the against the face of the dock when an According to OSHA’s data and accidents, this is the only study for unchocked trailer rolled away from the dock information, powered industrial truck which percentages of the accidents were when being loaded or unloaded. accidents account for approximately 4.8 calculated. These percentages appear in Sources: ``The Forklift Truck FatalitiesÐA Summary Report'' (ODA Study); ``The OSHA percent of the fatalities, 3.5 percent of parentheses following the numbers. Fatality/Catastrophe Reports'' (Fat/Cats); and the serious injuries and 2.4 percent of ``The OSHA Emergency Communications Sys- the non-serious injuries that occur in TABLE 11.ÐCAUSES OF POWERED tem Reports (First Reports)''. general industry each year. These INDUSTRIAL TRUCK ACCIDENTS accidents resulted in an average of 107 In 9 percent of the accident fatalities, 33,800 serious injuries, and Study investigations in which an OSHA 170 61,800 non-serious injuries per year Cause was prepared (19 of 208), lack of from 1981 through 1990. First training was identified as a causal ODA study Fat/cats reports In analyzing its accident data, OSHA factor. In more than half of these has derived two separate estimates of Tipovers .. 22 (42%) 53 58 accident investigations (11 of 19), lack the number of fatalities and serious Struck by of training was not cited by OSHA injuries that occur to employees due to vehicle . 24 (46%) ...... 43 compliance officers. However, OSHA’s powered industrial truck accidents. Struck by standard specifies that only trained and Because the two set of numbers are in falling authorized operators are allowed to the same range, the Agency has material 4 (8%) 90 1 43 operate powered industrial trucks. presented both. It should be noted that Elevated Absence of a citation when lack of the number of fatalities is virtually employ- ees ...... 2 (4%) 26 28 training was identified as a causal factor identical using either method of in the accident can only be attributed to derivation. However, slightly different Control ac- tivation . 1 (2%) 2 6 ...... the fact that many compliance officers definitions are used for estimating Improper believe that the powered industrial injuries. The other set of estimates are equip- truck training requirement (29 CFR presented in the Preliminary Regulatory ment or 1910.178(l)) is vague and unenforceable Impact Analysis, below. 3 usage ...... 10 13 in its present form. There are approximately 68,400 Vehicle accidents involving powered industrial over- In addition, most of the accidents trucks in general industry per year. This loaded ...... 15 ...... where lack of training was not figure was arrived at by totaling the Obstructed mentioned, clearly could have been fatalities, serious, and non-serious view ...... 10 ...... avoided through better training. When injuries and dividing this result by 1.4 Mainte- OSHA completes this rulemaking, in (the number of injuries per accident nance acc ...... 14 14 light of the large number of industrial determined from the OSHA Fatality/ Speeding ...... 5 ...... truck accidents, based on priorities and Catastrophe Reports). According to the Fell from resources, it will consider whether to Industrial Truck Association (ITA), platform ...... 4 23 revise the entire powered industrial there are currently approximately Lost con- truck standard. Persons also may wish 855,900 powered industrial trucks in trol ...... 10 to comment on whether OSHA should the United States, therefore Overcome revise the entire standard in the future. approximately 8 percent of the powered by CO ...... 10 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13793 VI. The Need for Training different driving skills that must be used effective transfer of knowledge to the Training is generally defined as when an employee operates powered job. making a person proficient through the industrial trucks. The book also pointed out that small Many of these accidents either can be business access to new employees with use of specialized instruction and prevented, or the seriousness of the good skills is limited. Employees hired practice. Training is the means by injury to the employee can be mitigated by companies reflect the labor pool which an employer ensures that by training employees. Effective training available and is dependent upon the employees have the knowledge, skills, and supervision also can prevent the size of the company. Small companies and abilities that are necessary for the occurrence of unsafe acts such as must draw their employees from the employees to do their jobs correctly. speeding, failing to look in the direction locally available talent pool whereas Once an employee acquires the basic of travel, and failing to slow down or larger companies can attract prospective knowledge, skills, and abilities, stop and sound the vehicle’s horn at employees from a much larger refresher or remedial training may be blind intersections and other areas geographical area. In order to make up used to reinforce or improve those where pedestrian traffic may not be for the limitations of the limited talent attributes, to provide new material, to observable. Another example in which pool, small employers usually must provide material that was previously training can prevent or lessen the provide additional training and discussed in a new manner, or to simply severity of an accident of this kind is education to achieve comparable maintain an awareness of the material directly related to the stability of employee performance. that had previously been taught. powered industrial trucks when The OTA book pointed out that Refresher or remedial training is traveling with an elevated load. inadequate training costs firms and normally conducted on a predetermined Effective operator training should employers not only in health and safety periodic basis, that is, on a monthly, include the admonition that the vehicle risks, but also downtime, defective parts semi-annual, or annual basis. can only be moved when the load is at and equipment, wasted material, late Training may be as simple and its lowest point. Even if this admonition deliveries, inferior quality products and informal as a supervisor pointing out is ignored and the vehicle tips over, the poor customer service. To maximize its either an error in the manner in which injury to the operator is usually minimal effectiveness, training must be focused an employee is doing a job (making an if the he or she stays with the vehicle. on workplace problems because simply on-the-spot correction) or showing an As previously discussed, the usual providing more generalized, non- employee how to do a particular task injury in a powered industrial truck directed training will not promote (demonstrating the proper method to do tipover occurs when the operator industrial competitiveness. If the work the job). On the other end of the attempts to jump off the vehicle when is not organized to tap employee skills, spectrum is the detailed, structured it is tipping over. Since the normal the training investment will be wasted. instruction that uses the classical tendency is for a person to jump Finally, the book emphasized that methods of training (lectures, downward, the operator lands on the employers historically have not trained conferences, formal demonstrations, floor or ground in the path of the their workers for several reasons. First, practical exercises, examinations, etc.). overhead guard and the usual injury is high labor turnover has mistakenly led Formal training is usually used to a crushing injury of the head, neck or employers to believe that skilled impart a greater amount of, more back when the overhead guard contacts workers will leave so their companies complicated, or more detailed the employee. Training an employee to will not recoup their training information to a trainee. stay with the vehicle will reduce the investment. Second, many employers For the most part, employees do not severity of some of these injuries. believe that an increase in productivity start out with the innate knowledge, In 1990, the Office of Technology will not offset the cost of training skills, and abilities to perform many of Assessment of the U.S. Congress employees. As the book points out, that the complicated or difficult practices published a book at the request of the is not the case. and procedures that occur commonly in Senate Labor and Human Resources The studies conducted by Cohen and the workplace. For example, many Committee, the House Education and Jensen, discussed under Accident, states require potential car drivers to Labor Committee, and the Senate injury and other data earlier in this pass either driver training and/or driver Finance Committee. This book is preamble, found a reduction in operator education programs to qualify for a entitled, Worker Training: Competing in error rate of up to 70 percent. Although drivers license. Even with this training, the New International Economy, OTA– a 70 percent error rate reduction can not young drivers are involved in a ITE–457 (Washington, DC: U.S. be directly equated to a corresponding disproportionate number of accidents. It Government Printing Office, September reduction in the number of accidents is only after the drivers have more 1990; Ex. 3–12) Although this book that this or any other group of operators experience that the number of accidents addresses the need for training so that will experience, improper or unsafe decreases. Although many employees American industry can remain operation of a powered industrial truck who are selected or assigned to drive competitive in the world marketplace, is the major cause of the accidents and powered industrial trucks are licensed there were many salient facts presented, their resultant fatalities and injuries. to drive automobiles, there are enough both about the state of training in the Therefore, a reduction in the unsafe dissimilarities between these two types workplace and the need for additional operation of a powered industrial truck of vehicles and their operation to training. will reduce the number of accidents, require additional knowledge, skills, To be effective, training must impart and the resultant fatalities and injuries. and abilities to operate a powered appropriate skills, must not include Many standards promulgated by industrial trucks safely. Operational irrelevant information and must OSHA explicitly require the employer to characteristics of powered industrial accommodate varying employee train employees in the safety and health trucks, such as using vehicles equipped backgrounds and learning styles. aspects of their jobs. These requirements with rear-wheel steering and front- Training is most effective when it is reflect OSHA’s belief that training is an wheel drive and the hoisting—moving— quickly reinforced on the job. Poor essential part of an effective employer’s lowering of loads, require operator timing of training, lack of reinforcement program for protecting workers from training and practice to master the at work, and other factors prevent accidents and illnesses. (See Ex. 3–13 13794 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules for a complete list of the OSHA of powered industrial trucks after conducted at a regular interval (for standards that require training.) receiving and taking into account the example, a certain number of hours of Although not all powered industrial recommendations of the ACCOSH. refresher training be conducted truck accident reports spell out the lack In developing this proposal, OSHA annually). OSHA is including of training as a causal factor of the looked at the training requirements of evaluation by a designated person and accidents, each accident can, in part, be the existing national consensus standard certification that the employee has taken attributed to either being caused or for powered industrial trucks, ANSI the training and can competently worsened by the actions or inactions of B56.1–1993, as well as training operate the truck. Course materials also the operator. For example, when a requirements from other standards (both must be kept. OSHA believes that this powered industrial truck tips over, the industry and government). The non- is the appropriate method of accident is caused by one or more of training related requirements of those verification. As operators vary greatly in several factors, including speeding, standards are beyond the scope of this the experience and backgrounds and traveling with the load in an elevated proposal. they will be required to operate different position, or improperly negotiating a OSHA has not included suggestive types of vehicles, different types and turn. Training can minimize the times language contained at paragraph 4.19.2 amounts of training are necessary and that these events occur. of the consensus standard because other OSHA does not believe it can specify a Proper training of an employee must enforceable language in the proposed rigid curriculum. take into account the fact that different standard covers the issue. This This proposed revision of the training operating conditions (including the type paragraph states, ‘‘The operator training requirement found in § 1910.178(l) for and size of the load, the type and program should include the user’s operators of powered industrial trucks condition of the surface on which the policies for the site where the trainee and the imposition of the same vehicle is being operated, and other will operate the truck, the operating requirement for operators of powered factors) can adversely affect vehicle conditions for that location, and the industrial trucks in other industries operation. Operator training must specific truck the trainee will operate. (construction and maritime) specifies emphasize two points regarding any The training program shall be presented that the employer develop a complete potential accident scenario. These two to all new operators regardless of training program. This program consists factors are: (1) The employee should not previous experience.’’ of an evaluation of each potential truck engage in activities that may cause an The Agency has not adopted the operator and the training of the accident, and (2) the employee should language contained in 4.19.3(a) of the potential operator in those subject minimize the potential for injury (either consensus standard because the matters relating to the operation of the to himself or herself or to other responsibility for providing a safe truck, the work environment in which employees) by taking appropriate workplace (including the use of a the truck will be operated and the actions. powered industrial truck) is vested with requirements of the OSHA standard. OSHA is not proposing a program of the employer under the OSH Act. This This training program also must include licensing or certification of powered paragraph specifies, ‘‘The primary a periodic evaluation of the performance industrial truck operators either by itself responsibility of the operator is to use of the operator and refresher or remedial or as an adjunct to operator training. the powered industrial truck safely training as necessary. To maximize the OSHA does not have the resources to following the instructions given in the effectiveness of the training, OSHA is conduct such a program since there are training program.’’ proposing to allow the employer to close to 1.5 million employees who The consensus standard, at 4.19.4(e) avoid having to conduct training that is operate powered industrial trucks. and 4.19.5 specifies the type of training duplicative of other training the and the testing that should be VII. Summary and Explanation of the employee has previously received. conducted, whereas the OSHA standard Finally, the training provisions would Proposed Rule leaves the methods of training up to the require that the employer certify that the OSHA is proposing to revise the employer. As explained elsewhere in training and evaluations have been training requirement for powered this preamble, the employer is conducted. industrial truck operators, 29 CFR responsible for selecting the methods At paragraph (1)(i), OSHA specifies 1910.178(l), contained in the general that are employed to train the operators. that each potential operator of a industry standards, and to add In some circumstances, the employee powered industrial truck must be equivalent training requirements for the may be able to gain valuable capable of performing the duties that are maritime industries. This proposal is information from reading the operators required of the job after training and intended to enhance the safe operation manual for the vehicle. In other appropriate accommodation. This of powered industrial trucks in the circumstances, the employee may not be would include being able to climb onto workplace. able to read and comprehend the and off of a truck, to sit on the vehicle On February 27, 1995, OSHA contents of the manual and may have to for extended periods of time, and to turn submitted to the Advisory Committee be shown how to operate the truck his or her body to be able to look in the on Construction Safety and Health (AC) safely. direction of travel when driving in a draft of this document. The ACCOSH Many of the other OSHA standards reverse. Elements of this evaluation may recommended to OSHA that the Agency and the consensus standards specify include the employee having the not proceed with rulemaking for that that some means be used to verify that physical and mental abilities to perform industry until the Advisory Committee training was conducted. Examples of the job. Information obtained during the had sufficient time to completely study such verification include: (1) Requiring initial employee evaluation can be used the document and provide further documentation of the training, (2) the to, among other things, determine how recommendations. Consequently, this production and retention of lesson best to train the employee. For example, rulemaking is limited to general plans, (3) attendance rosters, and (4) the if the employee cannot read and industry and the maritime industries. issuance of training certificates. When comprehend the operator’s manuals for The Agency intends to propose to adopt refresher or remedial training is the type trucks that the employee will for the construction industry similar specified, these other rules usually operate, then this information would requirements for training the operators require that a set amount of training be have to taught by means other than Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13795 having the employee try to read the discussed elsewhere in this preamble, OSHA is specifying that the certification truck manuals. The initial evaluation the employer may have the necessary consist of the name of the employee, the can be useful for the avoidance of prerequisites to qualify as a designated date of the training or evaluation and duplicative training. person or he or she may assign the the signature of the person conducting Paragraph (1)(ii) provides that the training responsibility to another person the training or evaluation. employer shall assure that the employee (either a knowledgeable employee or an Under this paragraph, OSHA also has received required training, that the trainer from outside the company). specifies that all the current training employee has been evaluated and that To ensure that the training contains materials used in the conduct of training the potential operator can perform the the appropriate information for the or the name and address of the outside job competently. The evaluation must operator, OSHA has provided a list of trainer, if one is used, be maintained. be carried out after the training by a subjects at paragraph (3). Under this At paragraph (6), OSHA is proposing designated person so that the employer rule, it is the responsibility of the to allow the employer to forgo that can assure that the potential operator employer to select the particular items portion of the training that an employee can perform the duties required of an that are pertinent to the type trucks that has previously received. The intent of operator in a competent manner. The the employee will be allowed to operate these provisions is to allow the conduct of this evaluation during the and the work environment in which the employer to not have to train an training is known as a practical exercise vehicle will be operated. For example, employee in those phases of the or a performance test. OSHA believes if the employee will be allowed to operation of a powered industrial truck that only through evaluation by a operate an order picker, it is essential if the employee knows the necessary knowledgeable person after training can that he or she understand the location information and has been evaluated and an employer know that the employee and function of the controls, the has proven to be competent to perform has been adequately trained and can location and operation of the those duties. safely perform the job. powerplant, steering and maneuvering, As previously discussed, there are The designated person may be the visibility, inspection and maintenance three major areas of consideration that employer if qualified. A small business and other general operating functions of must be emphasized when conducting a person who has employees may send the vehicle. Additionally, it is essential powered industrial truck training the employees to an outside training that the employee know and understand program. These three areas are: (1) The organization. Alternately, the employer that he or she must be restrained from characteristics, operation and may take or have training so that the falling when the platform of the truck is limitations of the vehicles that the employer is qualified as a designated in an elevated position and that the trainee will be authorized to operate, (2) person. truck must never be driven when the the hazards due to the characteristics of At paragraph (2), OSHA is proposing platform is elevated. Under this the workplace in which these vehicles to require that the employer implement proposed requirement, it is the will operate, and (3) the general safety a training program for all powered responsibility of the employer to select rules that apply to these vehicles and industrial truck operators. This program those elements of the training that are their operation. would ensure that only trained drivers necessary for the type vehicle to be used This proposed rule has been drafted who have successfully completed the and the workplace in which that vehicle in performance language to allow training program would be allowed to will be operated. The employer may reasonable flexibility to the employer operate these vehicles. An exception to leave out elements if the employer can for developing the training program and the rule would allow trainees to operate demonstrate that they are not relevant to conducting the training. OSHA powered industrial trucks provided the safe operation in the employer’s recognizes the inherent differences in operation is under the direct workplace. the capabilities and limitations of supervision of a designated person and An additional component of the employees, both to assimilate the the operation is conducted where is training program is a continuing training and then to utilize the minimum danger to the trainee or other evaluation of the operator. At paragraph knowledge that has been gained. employees. (4), OSHA specifies that this evaluation Therefore, the proposed regulation does OSHA is proposing at paragraph be conducted on a periodic basis so that not limit the employer by specifying the (2)(ii) that the training consist of a the employee retains and uses the manner in which the training must be combination of classroom instruction knowledge, skills and abilities that are conducted. Similarly, the specific and practical training. The Agency necessary for the safe operation of the content of the training course has not believes that only by the use of a vehicle. This evaluation need not be been stated because there are different combination of training methods will conducted continuously, however, the topics which must be taught due to the employee be adequately trained. employer should conduct these variances in the operation of the many Although classroom training is evaluations at intervals that will ensure makes and models of vehicles and invaluable for the teaching of the that the operators have not forgotten or because there are different hazards in principles of vehicle operation, it is the chosen to disregard their training. This each workplace. However, OSHA has hands-on training and the evaluation of evaluation does not have to be proposed the various subject matters the operation of the vehicle that finally formalized but must consist of a that should be covered unless the proves the adequacy of the training and designated person observing the employer determines they are not the ability of the employee to use that operation to ensure that the use of the relevant to the employer’s vehicle and training to successfully operate a powered industrial truck is being workplace. Although some areas of powered industrial truck. conducted safely. OSHA requires that concern may not be pertinent to any one At paragraph (2)(iii), OSHA is this evaluation be carried out at least workplace and vehicle, other areas are proposing to require that all training be annually. pertinent to all vehicles and workplaces. conducted by a designated person. OSHA is requiring at paragraph (5) OSHA believes that a training OSHA defines a designated person as that the employer certify that the program needs to be conducted before one who has the requisite knowledge, required training and evaluations have the employee begins to operate a training and experience to train been conducted. To minimize the vehicle. To this end, OSHA has required powered industrial truck operators. As paperwork burden on the employer, initial training of employees so that they 13796 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules will acquire the knowledge and skills the type of equipment that this (1) The standard will substantially are necessary for the safe operation of employee professes to have operated, reduce a significant risk of material the powered industrial truck before how long ago this experience was harm; being allowed to operate the vehicle gained, and the type work environment (2) Compliance is technologically without close supervision. in which the employee worked. Written feasible in the sense that the protective OSHA has left the particulars of the documentation of the earlier training is measures being required already exist, type of training (lecture, conference, also necessary to determine that proper can be brought into existence with demonstration, practical exercise, test or training has been given. In addition, the available technology, or can be created examination, etc.) to the employer. The competency of the employee must be with technology that can reasonably be length of the training and other evaluated. Based on the resolution of developed; variables must be based on the these issues, the employer can (3) Compliance is economically employee’s experience and other determine whether the experience is feasible in the sense that industry can qualifications and the nature of the recent and thorough enough, the absorb or pass on the costs without work environment. The training must be documentation complete, and the major dislocation or threat of instability; based upon the type of vehicles the competency sufficient to forgo some or and employee will be allowed to operate, the much of the initial training. Some (4) The standard is cost effective in conditions that exist in the workplace, training on the specific factors of the that it employs the least expensive the general safety rules from this OSHA new employees workplace is always protective measures capable of reducing standard, the ability of the trainer to going to be necessary. Again, the major or eliminating significant risk. teach, and the ability of the trainee to criterion of evaluation of the employee Additionally, safety standards must learn. The ability of the employee to is: Does the person know how to do the better effectuate the Act’s protective assimilate the information presented in job and does the vehicle operator use purpose than any applicable national the training must be used as the primary those knowledge, skills and abilities to consensus standard, must be compatible criterion for the length, type and other do the job safely? with prior agency action, must be details of the training. Since each OSHA also is proposing to add two responsive to significant comment in employee is different in his or her non-mandatory appendices. These the record, and, to the extent allowed by ability to comprehend, assimilate and appendices are intended to provide statute, must be consistent with use the information received in the guidance to employers in establishing a applicable Executive Orders. OSHA training, OSHA believes that one training program (Appendix A) and in believes that application of these criteria standardized training course will not understanding to basic principles of results in standards that provide a high suffice for all employees. stability (Appendix B). In neither case is degree of worker protection without undue burden on employers. The employer may choose the training the information contained in these OSHA has long interpreted section provider. This could include contracting appendices intended to provide a with an outside professional training 3(8) of the OSH Act to require that, exhaustive explanation of the before it promulgates ‘‘a health or safety company to come into the company and techniques of conducting training or of train the powered industrial truck standard, it must find that a place of understanding the principles of employment is unsafe—in the sense that operators or the employer developing stability, but each appendix is intended and conducting the training program. In significant risks are present and can be to introduce the basic concepts so that eliminated or lessened by a change in either case, the employer can choose the the employer can utilize the material to method or methods by which the practices [See Industrial Union Dep’t, provide basic training. employees will be trained and when the AFL-CIO v. American Petroleum Inst., training is conducted. VIII. Statutory Considerations 448 U.S. 607, 642 (1980) (plurality) The standard requires not only (Benzene).’’ When, as frequently appropriate training but evaluation of A. Introduction happens in safety rulemaking, OSHA the operators competency by a Section 2(b)(3) of the Occupational promulgates standards that differ from designated person with the knowledge Safety and Health Act authorizes ‘‘the existing national consensus standards, it to make that evaluation. This is the Secretary of Labor to set mandatory must explain ‘‘why the rule as adopted method that will most accurately prove occupational safety and health will better effectuate the purposes of that the operator has been trained and standards applicable to businesses this Act than the national consensus that the training has been, and affecting interstate commerce’’, and standard [29 U.S.C. 655(b)(8)].’’ Thus, continues to be, effective. Through section 5(a)(2) provides that ‘‘[e]ach national consensus standards provide observation of the operation of the employer shall comply with the minimum level of effectiveness for vehicle, these questions can be occupational safety and health standards which OSHA may adopt (29 answered. standards promulgated under this Act’’ U.S.C. 655(a)). When a new employee claims prior (emphasis added). Section 3(8) of the As a result, OSHA is precluded from experience in operating a powered OSH Act (29 U.S.C. 652(8)) provides regulating insignificant safety risks or industrial truck, the employer must that ‘‘the term ’occupational safety and from issuing safety standards that do not ensure that the employee knows how to health standard’ means a standard lessen risk in a significant way. operate the vehicle safely. This can be which requires conditions, or the The OSH Act also limits OSHA’s ascertained by questioning the adoption or use of one or more discretion to issue overly burdensome employee on various aspects of the practices, means, methods, operations, rules, as the agency also has long operation of the truck and by requiring or processes, reasonably necessary or recognized that ‘‘any standard that was the operator to demonstrate his or her appropriate to provide safe or healthful not economically or technologically ability to operate the vehicle safely employment and places of feasible would a fortiori not be through the conduct of a practical employment.’’ ‘reasonably necessary or appropriate’ exercise. OSHA considers a standard to be under the Act. See Industrial Union In making a determination of an ‘‘reasonably necessary or appropriate’’ Dep’t v. Hodgson, [499 F.2d 467, 478 employee’s claim of sufficient prior within the meaning of section 3(8) if it (D.C. Cir. 1974)] (‘Congress does not experience, the employer must consider meets the following criteria: appear to have intended to protect Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13797 employees by putting their employers the period within which a violation Industrial Truck, Section III, Powered out of business.’) [American Textile must be corrected after issuance of a Industrial Truck Hazards, Section IV, Mfrs. Inst. Inc., 452 U.S. at 513 n. 31 (a citation (CPL. 2.45B, Chapter III, Accident, Injury and Other Data, and standard is economically feasible even if paragraph E6d(3)(a), Dec. 31, 1990). Section V, Basis for Agency Action, it portends ‘‘disaster for some marginal To reach the necessary findings and earlier in this preamble, and in Section firms,’’ but it is economically infeasible conclusions that a safety standard IX, Summary of the Regulatory Impact if it ‘‘threaten[s] massive dislocation to, substantially reduces a significant risk and Regulatory Flexibility Analysis and or imperil[s] the existence of,’’ the of harm, is both technologically and Environmental Impact Assessment, later industry)].’’ economically feasible, and is cost in this preamble, OSHA has determined By stating the test in terms of ‘‘threat’’ effective, OSHA must conduct that the operation of powered industrial and ‘‘peril,’’ the Supreme Court made rulemaking in accord with the trucks by untrained or inadequately clear in ATMI that economic requirements of section 6 of the OSH trained operators pose significant risks infeasibility begins short of industry- Act. The regulatory proceeding allows it to employees. There have been on wide bankruptcy. OSHA itself has to determine the qualitative and, if average 85 fatalities, 34,900 serious placed the line considerably below this possible, the quantitative nature of the injuries and 61,800 non-serious injuries level. (See for example, ATMI, 452 U.S. risk with and without regulation, the annually since 1981 due to unsafe at 527 n. 50; 43 FR 27,360 (June 23, technological feasibility of compliance, powered industrial truck operation. 1978). Proposed 200 µg/m3 PEL for the availability of capital to the industry OSHA estimates that compliance with cotton dust did not raise serious and the extent to which that capital is the revised training requirement for possibility of industry-wide bankruptcy, required for other purposes, the powered industrial truck operator will but impact on weaving sector would be industry’s profit history, the industry’s reduce the risk of hazards to those severe, possibly requiring ability to absorb costs or pass them on operators and other employees by 25 reconstruction of 90 percent of all to the consumer, the impact of higher percent (preventing 17 to 22 fatalities, weave rooms. OSHA concluded that the costs on demand, and the impact on 10,898 to 14,118 serious injuries and 200 µg/m3 level was not feasible for competition with substitutes and 15,450 non-serious injuries annually). weaving and that 750 µg/m3 was all that imports. (See ATMI at 2501–2503; This constitutes a substantial reduction could reasonably be required). See also American Iron & Steel Institute of significant risk of material harm. 54 FR 29,245–246 (July 11, 1989); generally.) The Agency believes that compliance American Iron & Steel Institute, 939 Finally, general principles of is technologically feasible because there F.2d at 1003. OSHA raised the administrative law require the Agency exists a current rule for the training of engineering control level for lead in to justify significant departures from powered industrial truck operators and small nonferrous foundries to avoid the prior practice. (See International Union, the revised regulation specifies in more possibility of bankruptcy for about half UAW v. Pendergrass, 878 F.2d 389, 400 detail what is to be taught to those of small foundries even though the (D.C. 1989)). In the twenty years since operators, and requires the employer to industry as a whole could have survived enactment of the OSH Act, OSHA has institute effective supervisory measures the loss of small firms.) Although the promulgated numerous safety to ensure continued safe operation of cotton dust and lead rulemakings standards—standards that provide those vehicles. In many companies, the involved health standards, the economic benchmarks for judging risks, benefits, training of vehicle operators and the feasibility ceiling established therein and feasibility of compliance in subsequent supervisory measures applies equally to safety standards. subsequent rulemakings. (OSHA’s required by the standard have already Indeed, because feasibility is a Hazardous Waste Operations and been implemented. necessary element of a ‘‘reasonably Emergency Response Standard, for Additionally, OSHA believes that necessary or appropriate’’ standard, this example, required use of existing compliance is economically feasible, ceiling boundary is the same for health technology and well accepted safety because, as documented by the and safety rulemaking since it comes practices to eliminate at least 32 deaths Regulatory Impact Analysis, all from section 3(8), which governs all and 18,700 lost workday injuries at a regulated sectors can readily absorb or permanent OSHA standards. cost of about $153 million per year (54 pass on compliance costs. All OSHA standards must also be FR 9311–9312; March 6, 1989). The The standard’s costs, benefits, and cost-effective in the sense that the Excavation standard also drew on compliance requirements are protective measures being required must existing technology and recognized reasonable, amounting to approximately be the least expensive measures capable safety practices to save 74 lives and over 34.9 million in the first year and 19.4 of achieving the desired end (ATMI, at 800 lost workday injuries annually at a million per year thereafter, preventing 514 n. 32; Building and Constr. Trades cost of about $306 million. (54 FR 17 to 22 fatalities, 10,898 to 14,118 Dep’t AFL-CIO v. Brock, 838 F.2d 1258, 45,954; Oct. 31, 1989). OSHA’s Grain serious injuries and 15,450 non-serious 1269 (D.C. Cir. 1988)). OSHA gives Handling Facilities standard relied injuries per year. As explained above, additional consideration to financial primarily on simple housekeeping using another definition, OSHA impact in setting the period of time that measures to save 18 lives and 394 estimates that it will eliminate between should be allowed for compliance injuries annually, at a total net cost of 11,968 and 15,504 lost workday injuries allowing as much as ten years for $5.9 to $33.4 million (52 FR 49,622; in addition to the fatalities prevented. compliance phase-in. (See United Dec. 31, 1991).) These percentages are consistent with Steelworkers of Am. v. Marshall, 647 B. The proposed amendment to the those of other OSHA safety standards. F.2d 1189, 1278 (D.C. Cir. 1980), cert. standard for the training of powered C. The requirement for the training of denied, 453 U.S. 913 (1981).) industrial truck operators and the powered industrial truck operators is Additionally, OSHA’s enforcement promulgation of like requirements for necessary to address the significant risks policy takes account of financial the construction and maritime of material harm posed by the operation hardship on an individualized basis. industries complies with the statutory of those vehicles. OSHA’s Field Operations Manual criteria described above. OSHA believes that Section I, provides that, based on an employer’s As explained in Section I, Background, Section II, The Powered economic situation, OSHA may extend Background, Section II, The Powered Industrial Truck, Section III, Powered 13798 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules Industrial Truck Hazards, Section IV, employees in those industries are trucks are used, rather than to Accident, Injury and Other Data, and exposed to the same kinds of hazards as characterize workplaces according to Section V, Basis for Agency Action, employees in industries for which there the injury or fatality experience of the earlier in this preamble have clearly and are reported injuries and fatalities. SIC codes in which they have been comprehensively set out the Agency’s Even in industry sectors in which no classified. bases for concluding that the operation injuries or fatalities have been reported, The Agency also notes that many of powered industrial trucks by the Agency believes there is sufficient accidents that occur as a result of untrained or inadequately trained information for OSHA to determine that powered industrial truck operations are employees pose significant risks and employees who work in areas in which not classified as an accident involving a that the training of those operators is powered industrial trucks are operated truck. For example, if a powered reasonably necessary to protect affected or operate those vehicles face significant industrial truck is used to lift an employees from those risks. In risks, based on analysis of the elements employee who is standing on the forks particular, as detailed in Section IX, of the hazards identified and of the of the vehicle and the employee falls Preliminary Regulatory Impact and similarity of hazard elements between from those forks while aloft, the Regulatory Flexibility Analysis and industry sectors. Therefore, the Agency accident could be classified as a fall Environmental Impact Assessment, later has determined that all employees who from height or a fall from an elevated in this preamble, OSHA estimates that operate those vehicles or work in areas platform. In both instances, the fact that the improper operation of powered in which those vehicles are operated the employee was unsafely taken aloft industrial trucks causes 85 fatalities, face a significant risk of material harm on the forks of a powered industrial 34,902 serious injuries, and 61,800 non- and that compliance with the powered truck and fell from those forks is not serious injuries annually, and that industrial truck standard is reasonably transferred to the accident report revision of and compliance with the necessary to protect affected employees because the accident was attributed to requirements of the OSHA standard for from those risks, regardless of the other causes. the training of powered industrial truck number of accidents and injuries Finally, it is well established in the operators will reduce the risk of fatality reported for the SIC code to which the OSH Act enforcement context that the and injury by 25 percent (preventing 17 employer has been assigned. lack of injuries or deaths to a particular to 22 fatalities, 10,898 to 14,118 serious Also, because of the difficulties the employer’s employees does not injuries and 15,450 non-serious Agency has experienced in compiling a establish that the employees are not injuries). database for powered industrial truck exposed to a hazard. In a frequently accidents, injuries or fatalities may have quoted passage, the Fifth Circuit long OSHA emphasizes that its risk occurred in industries, including those ago observed that ‘‘the goal of the Act assessment is based on employee for which no incidents have been is to prevent the first accident, not to exposure to the hazards of the operation documented, without being recorded. In serve as a source of consolation for the of powered industrial trucks, hazards addition, the SIC code-based first victim or his survivors’’ (Mineral that exists in a large range of industries. organization of incident data may mask Industries & Heavy Construction Group Although Section IX, Preliminary actual or potential hazards of the v. OSHRC, 639 F.2d 1289, 1294 (5th Cir. Regulatory Impact and Regulatory operation of powered industrial trucks 1981)). This principle applies to Flexibility Analysis and Environmental because, while a business is classified regulatory actions as well. Once the Impact Assessment, later in this for SIC purposes according to its agency determines that exposure to a preamble, presents OSHA’s estimate of principal activity, the workplace may particular condition constitutes a the costs and benefits of the revision of also contain warehousing areas where significant risk, it need not repeat that the training requirement in terms of the materials are stored as a ‘‘secondary’’ analysis for every situation or type of Standard Industrial Classification (SIC) purpose, that have necessitated the use workplace in which the condition is codes for the industries regulated, of powered industrial trucks with their found. OSHA does not believe that the risk resultant injuries or fatalities. For In addition, those segments with associated with these hazards vary example, a new car dealer would be fewer trucks and, consequently fewer according to what SIC code a vehicle classified under the new car dealer SIC, accidents, will have lower costs for may be operated in. Thus, some of the even though the dealer may store a large training and evaluation. However, the industry categories within the scope of number of auto accessories, such as tires risk to each individual operator for each the final rule that will have compliance and batteries. In many instances, large year of operation is approximately the costs have had few or no documented quantities of items like batteries are same as in industries with more trucks powered industrial truck accidents or palletized for ease of handling. When and operators. This approach was injuries or fatalities during the period these pallets of material are delivered to upheld in International Union, UAW, v. covered by the PRIA. In this case, OSHA the dealer, the items are either removed OSHA, —F. 2d—, (D.C. Circ., October has considered developing a scope of from the pallet and handling manually, 21, 1994) the rule to cover those situations it has or the pallet and the material are moved For all of the foregoing reasons, OSHA determined to be hazardous. As with some type of powered industrial has determined that it is inappropriate explained more fully below, OSHA has truck, such as a pallet jack. Although to exclude any of the SICs merely determined that the lack of prior the workplace is a new car dealer, a because they have not recently had documented injuries and deaths in some powered industrial truck is in use and documented powered industrial truck SIC Codes does not indicate that the an accident would have nothing to do injuries or fatalities, insofar as those employees in those industries are not with selling new cars. Therefore, OSHA SICs contain workplaces where those exposed to significant risks from the believes, based on the limitations of the vehicles are operated. unsafe operation of powered industrial accident data and the circumstantial trucks. As the summary of the PRIA nature of many vehicle accidents, that it D. Conclusion explains in detail, OSHA has is appropriate to require that employers OSHA has determined that the determined that it is appropriate to protect affected employees from the powered industrial truck standard, like include those industries within the hazards of vehicle operations in all other safety standards, is subject to the scope of the standard because workplaces where powered industrial constraints of section 3(8) of the OSH Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13799 Act, that the standard is ‘‘reasonably explosion (330 fatalities and 1917 trucks include workers employed as necessary or appropriate to provide safe injuries and illnesses annually) by 80 designated truck operators as well as or healthful employment and places of percent, at an annualized cost of $888.7 those who might operate powered employment.’’ But the standard is not million in the first five years and at an industrial truck as part of another job. subject to the section 6(b)(5) annualized cost of $470.8 million in the These alternate users of powered requirement that it limit significant risk following five years. industrial trucks include shipping and ‘‘to the extent feasible.’’ receiving clerks, order pickers, The Agency believes that the use of IX. Summary of the Preliminary maintenance personnel, and general powered industrial trucks in the Economic, Feasibility and Regulatory temporary workers. Non-driving workplace by untrained or poorly Flexibility Analyses and Environmental workers such as warehousemen, trained employees poses significant Impact Assessment materials handlers, laborers and risks and that the need to require that A. Introduction pedestrians who work on or are present only properly trained employees operate in the vicinity of powered industrial Executive Order 12866 and the those vehicles is reasonably necessary to trucks are also injured or killed in Regulatory Flexibility Act require protect affected employees from those powered industrial truck accidents. Federal Agencies to analyze the costs, risks. OSHA also has determined that Estimates of the number of non-driving benefits and other consequences and compliance with the standard for the employees are not included in the impacts of proposed standards and final training of those operators is population-at-risk numbers presented in technologically feasible because many rules. Consistent with these this economic analysis. However, non- companies offer the type training that requirements, OSHA has prepared a driving employees are included in the the standard would require. In addition, preliminary economic analysis for the number of preventable fatal and non- OSHA believes that compliance is proposed revisions to and adoption of fatal injuries estimated to be associated economically feasible, because, as the powered industrial truck operator with compliance with the proposed documented by the Preliminary training provisions which are proposed rule. Regulatory Impact Analysis (Ex. 2), all in this document. OSHA estimates that approximately regulated sectors can readily absorb or This analysis includes a description 1.2 million workers are employed as pass on initial compliance costs and of the industries that would be affected industrial truck operators in industries economic benefits will ultimately by the regulation, an assessment of the regulated by OSHA. Industries with the exceed compliance costs. In particular, benefits attributable to adoption of the largest number of operators include the Agency believes that compliance proposal, a determination of the wholesale trade (SIC 51) with 163,848 with the powered industrial truck technological feasibility of the proposed operators, and food and kindred training requirement will result in revisions, estimation of the costs of products (SIC 20) with 106,913 substantial cost savings and compliance, a determination of the operators. productivity gains at facilities that economic feasibility of compliance with Technological Feasibility utilize powered industrial trucks that the proposed provisions, and an might otherwise be disrupted by analysis of the economic and other OSHA could not identify any accidents and injuries. impacts of this rulemaking. The requirement in the proposed standard As detailed in the Summary of the Advisory Committee on Construction that raises technological feasibility Preliminary Regulatory Impact Analysis, Safety and Health is currently reviewing problems for establishments that use the standard’s costs, benefits, and the proposed rule for applicability to the industrial trucks. On the contrary, there compliance requirements are consistent construction industry and based on the is substantial evidence that with those of other OSHA safety Advisory Committee’s establishments can achieve compliance standards. For example, the Hazardous recommendations, OSHA may extend with all requirements using existing Waste Operations and Emergency the coverage of the proposed rule to this methods and equipment. In addition, Response standard (29 CFR 1910.120) sector in the future. the standard introduces no requires the use of existing technology Affected Industries technological requirements of any type. and well accepted safety practices to Therefore, OSHA has preliminarily eliminate at least 32 deaths and 18,700 Using powered industrial truck sales concluded that technological feasibility lost workday injuries at a cost of about data provided by the Industrial Truck is not an issue for the proposed $153 million per year (54 FR 9311– Association (ITA), OSHA estimates that standard. 9312; March 6, 1989). The Excavations there are 822,831 industrial trucks in Costs of Compliance standard (29 CFR 1926, Subpart P) also use in industries covered by the drew on existing technology and proposed standard. Industries with the The proposed OSHA industrial truck recognized safety practices to save 74 largest number of powered industrial operator training standard would lives and over 800 lost workday injuries trucks include wholesale trade-non- expand the initial training required by annually at a cost of about $306 million durable goods (SIC 51) with an the existing standard to include (54 FR 45,954; Oct. 31, 1989). estimated 109,232 powered industrial information on the operating Additionally, the Grain Handling trucks, and food and kindred products instructions and warnings appropriate Facilities standard (29 CFR 1910.272) (SIC 20) with an estimated 71,275 such to the type of truck used, the specific relied primarily on simple trucks. hazards in the workplace where the housekeeping measures to save 18 lives The proposed OSHA revisions will truck will be operated, and instructions and 394 injuries annually, at a total net cover workers who operate powered pertaining to the requirements of the cost of between $5.9 million and $33.4 industrial trucks. This includes OSHA standard. Additionally, the million (52 FR 49,622; Dec. 31, 1987). operators using these vehicles in the proposed standard requires employers Also, compliance with the planning, general industry and maritime sectors. to monitor the performance of industrial work practice, and training provisions The population-at-risk in powered truck operators through an annual of the Process Safety Management industrial truck accidents consists evaluation and to provide remedial standard (29 CFR 1910.119) will reduce primarily of the operators of these training when this evaluation suggests the risk of catastrophic fire and trucks. Operators of powered industrial that such training is needed. 13800 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules OSHA estimates that the first year sectors with the highest estimated have already voluntarily implemented cost of compliance with the proposed annualized compliance costs are practices that would be required by the standard will be $34.9 million and that manufacturing, with $9.8 million, and proposed standard, no cost is attributed the annual cost of compliance thereafter wholesale and retail trade with $5.6 to the standard. OSHA welcomes will be $19.4 million. Table 12 outlines million. Existing industry practice was comments on the preliminary costs and the annual costs by each sector affected taken into consideration when assumptions presented in this by the proposed standard. Industry calculating costs, i.e., where employers Preliminary Economic Analysis. TABLE 12.ÐESTIMATED ANNUALIZED COMPLIANCE COSTS FOR THE PROPOSED INDUSTRIAL TRUCK OPERATOR TRAINING STANDARD Initial Initial Remedial Sector evaluation training Monitoring training Total Agriculture ...... $2,457 $28,637 $39,404 $2,251 $72,749 Mining a ...... 1,109 12,923 17,778 1,016 32,825 Manufacturing ...... 332,222 3,872,651 5,327,726 304,441 9,837,040 Transportation and Utilities ...... 91,344 1,064,777 1,464,847 83,706 2,704,674 Wholesale and Retail Trade ...... 189,193 2,205,396 3,034,033 173,373 5,601,996 Finance, Insurance, & Real Estate ...... 2,607 30,389 41,807 2,389 77,192 Services ...... 37,477 436,859 601,001 34,343 1,109,679 Total ...... 656,408 7,651,632 10,526,595 601,519 19,436,154 a Oil and gas extraction. Note: Costs are annualized over 10 years at a 7 percent interest rate (annualization factor 0.1424). Source: US Department of Labor, OSHA, Office of Regulatory Analysis, based on ERG [1, Section 3]. Benefits and 14,118 lost workday injuries. These damage valued at an estimated $8 preventable fatalities and injuries are in million to $42 million annually. In An estimated 85 fatalities and 34,902 addition to lives saved and injuries addition, OSHA estimates that injuries result annually from industrial prevented by OSHA’s existing standard. approximately $770,018 will be saved truck-related accidents. As presented in The proposed standard will also annually in damages and settlements in Table 13, OSHA estimates that full reduce property damage and training- court cases that would have been compliance with the proposed standard related litigation. OSHA’s preliminary awarded as a result of injuries caused by will prevent between 17 and 22 of these analysis of the impacts of improved deficiencies in industrial truck operator fatalities per year and between 10,898 training show reductions in property training. TABLE 13.ÐNUMBER OF FATALITIES AND INJURIES PREVENTED BY COMPLIANCE WITH THE PROPOSED POWERED INDUSTRIAL TRUCK TRAINING STANDARD Total num- Preventable fatalities Total num- Preventable injuries ber of in- under proposed standard ber of in- under proposed standard Industry group dustrial dustrial truck fatali- truck inju- ties Low High ries Low High Forestry, Fishing and Agricultural Services ...... 0 0 0 219 68 88 MiningÐoil and gas extraction ...... 1 0.2 0.3 84 26 34 Manufacturing ...... 30 5.9 7.7 14,895 4,651 6,025 Transportation, communication, and utilities ...... 20 3.9 5.1 4,265 1,332 1,725 Wholesale and retail trade ...... 25 4.9 6.4 12,012 3,751 4,859 Finance, insurance, and real estate ...... 0 0 0 212 66 86 Services ...... 9 1.8 2.3 3,215 1,004 1,300 All industries ...... 85 17 22 34,902 10,898 14,118 Source: U.S. Department of Labor, OSHA, Office of Regulatory Analysis, based on ERG Report (1, Section 4). Economic Impacts and Regulatory increase in operating costs can analysis, Table V–1). These estimates Flexibility Analysis ordinarily be passed on to consumers. In indicate that even if all costs were this case, the maximum expected price passed on to consumers through price OSHA assessed the potential increase is calculated by dividing the increases, the proposed standard would economic impacts of compliance with average estimated compliance cost in have a negligible impact on prices the proposed standard and has each industry by the average revenue for overall. preliminarily determined that the that industry. OSHA estimates that the Given the minuscule price increases standard is economically feasible for all average price increase would be necessary to cover the cost of the industry groups. Detailed information at negligible, about 0.0002 percent. Table proposed training requirements, the three-digit SIC level is presented in 14 shows that the average price increase employers should be able to pass along OSHA’s Preliminary Economic at the two-digit SIC level would be compliance costs to customers. Analysis. When an industry enjoys an extremely small. (For impacts at the However, even if all costs were absorbed inelastic demand for its products, an three-digit SIC level, see economic by the affected firms, the average Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13801 reduction in profits would be only 0.007 will not find it necessary to absorb all decline to the extent calculated here. percent. As presented in Table 14, the of the costs from profits and should be OSHA, therefore, does not expect the largest potential decrease in profits— able to pass most if not all of the revised standard to have a significant 0.038 percent—would occur in SIC 51, standard’s costs on to consumers, economic impact on affected firms or Nondurable Goods. Because most firms average profits are not expected to industries. TABLE 14.ÐECONOMIC IMPACT OF THE PROPOSED POWERED INDUSTRIAL TRUCKS OPERATOR TRAINING STANDARD Value of in- dustry ship- Compliance Compliance ments, re- Annualized costs as a Pre-tax in- costs as a SIC/Industry sector ceipts or compliance percent of come ($ percent of sales ($ mil- costs sales millions) pre-tax in- lions) come 07 Agricultural services ...... NA $72,749 ...... 13 MiningÐoil and gas extraction ...... $48,178 32,825 Negligible ...... 20 Food and kindred products ...... 387,601 1,774,023 0.0005 ...... 36,213 0.005 21 Tobacco products ...... 32,032 43,951 0.0001 ...... (1)(1) 22 Textile mill products ...... 65,706 384,461 0.0006 ...... 5,102 0.008 23 Apparel and other textile products ...... 65,345 109,656 0.0002 ...... 3,548 0.003 24 Lumber and wood products ...... 70,569 415,093 0.0006 ...... 2,881 0.014 25 Furniture and fixtures ...... 40,027 194,006 0.0005 ...... 1,942 0.010 26 Paper and allied products ...... 128,824 760,042 0.0006 ...... 7,307 0.010 27 Printing, publishing, and allied industries ...... 156,685 435,959 0.0003 ...... 13,171 0.003 28 Chemicals and allied products ...... 292,326 931,407 0.0003 ...... 24,169 0.004 29 Petroleum refining and related industries ...... 158,076 92,786 0.0001 ...... 11,193 0.001 30 Rubber and miscellaneous plastics products ...... 100,668 522,973 0.0005 ...... 5,366 0.010 31 Leather and leather products ...... 9,142 47,059 0.0005 ...... (2)(2) 32 Stone, clay, glass, and concrete products ...... 59,611 396,003 0.0007 ...... 2,664 0.015 33 Primary metal industries ...... 132,837 567,368 0.0004 ...... 3,133 0.018 34 Fabricated metal products ...... 157,077 717,423 0.0005 ...... 7,660 0.009 35 Industrial and commercial machinery and computer equip ...... 243,479 900,774 0.0004 ...... 36 Electric and electronic equipment ...... 197,880 492,784 0.0002 ...... 15,378 0.003 37 Transportation equipment ...... 364,032 691,674 0.0002 ...... 1,916 0.036 38 Instruments and related equipment ...... 127,160 141,176 0.0001 ...... 8,326 0.002 39 Miscellaneous manufacturing industries ...... 37,131 218,423 0.0006 ...... 2,418 0.009 40 Railroad transportation ...... 44,422 69,042 0.0002 ...... 41 Local, suburban, and interurban passenger transit ...... 8,094 51,782 0.0006 ...... 42 Trucking and warehousing ...... 110,103 1,800,849 0.0016 ...... 44 Water transportation ...... 18,336 105,655 0.0006 ...... 45 Transportation by air ...... 82,055 188,820 0.0002 ...... 46 Pipelines, except natural gas ...... 2,098 4,707 0.0002 ...... 47 Transportation services ...... 54,432 156,391 0.0003 ...... 48 Communications ...... 232,257 60,673 Negligible ...... 49 Electric, gas and sanitary services ...... 292,280 266,754 0.0001 ...... 50 Durable goods ...... 981,208 1,335,982 0.0001 ...... 4,880 0.027 51 Nondurable goods ...... 943,174 2,201,118 0.0002 ...... 5,831 0.038 52 Building materials and garden supplies ...... 115,855 426,997 0.0004 ...... 53 General merchandise stores ...... 266,991 683,253 0.0003 ...... 54 Food stores ...... 392,400 690,815 0.0002 ...... 55 Automatic dealers and service stations ...... 587,890 67,212 Negligible ...... 56 Apparel and accessory stores ...... 106,128 39,537 Negligible ...... 57 Furniture and home furnishings stores ...... 113,673 136,581 0.0001 ...... 58 Eating and drinking places ...... 211,036 28,035 Negligible ...... 59 Miscellaneous retails ...... 249,463 265,974 0.0001 ...... 60 Banking ...... 48,477 15,103 Negligible ...... 61 Credit agencies other than banks ...... 69,148 6,293 Negligible ...... 62 Security and commodity brokers and services ...... 41,226 5,034 Negligible ...... 63 Insurance carriers ...... 521,036 27,269 Negligible ...... 64 Insurance agents, brokers, and services ...... 31,623 2,937 Negligible ...... 65 Real estate ...... 96,942 13,425 Negligible ...... 67 Holding and other investment offices ...... 47,301 7,132 Negligible ...... 70 Hotels and other lodging places ...... 64,630 13,486 Negligible ...... 72 Personal services ...... 59,052 13,486 Negligible ...... 78 Motion pictures ...... 43,838 17,164 Negligible ...... 79 Amusement and recreation services ...... 51,107 25,746 Negligible ...... 80 Health services ...... 285,040 72,743 Negligible ...... 81 Legal services ...... 96,179 4,495 Negligible ...... 82 Educational services ...... 4,617 64,569 0.0014 ...... 83 Social services ...... 68,312 22,068 Negligible ...... 84 Museums, art galleries, botanical and zoological gardens ...... 3,551 1,226 Negligible ...... 86 Membership organizations ...... 39,118 7,765 Negligible ...... 87 Engineering, accounting, research and management svcs ...... 224,238 52,309 Negligible ...... 89 Miscellaneous services, n.e.c...... 23,871 15,938 0.0001 ...... 13802 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules TABLE 14.ÐECONOMIC IMPACT OF THE PROPOSED POWERED INDUSTRIAL TRUCKS OPERATOR TRAINING STANDARDÐ Continued Value of in- dustry ship- Compliance Compliance ments, re- Annualized costs as a Pre-tax in- costs as a SIC/Industry sector ceipts or compliance percent of come ($ percent of sales ($ mil- costs sales millions) pre-tax in- lions) come Totals ...... 19,436,154 0.0002 ...... 0.007 1 =included under SIC 20. 2 =included under SIC 23. Negligible denotes less than 0.00001 percent. Source: US Department of Labor, OSHA, Office of Regulatory Analysis, based on ERG Report (1, Chapter 6). In accordance with the Regulatory an excluded action according to subpart Plan states must, among other things, be Flexibility Act of 1980 (5 U.S.C. 601 et B, § 11.10 of the DOL NEPA regulations. at least as effective in providing safe and seq.), OSHA has also analyzed the healthful employment and places of X. International Trade economic impact of the proposed employment as the Federal standards. standard on small establishments (19 or This revision of the OSHA standards When such standards are applicable to fewer employees), looking particularly on powered industrial trucks and the products distributed or used in for evidence that the rule would have a promulgation of the same standard for interstate commerce they may not significant impact on a substantial other industries is not likely to have a unduly burden commerce and must be number of small entities. Small significant effect on international trade justified by compelling local conditions. businesses will incur lower compliance because of the small magnitude of any The Federal proposed standard on costs than larger businesses because the price increase that would be required powered industrial truck operator compliance costs depend directly on the for passing forward compliance costs. training addresses hazards that are not number of industrial truck operators in As shown above, the maximum price unique to any one state or region of the a given facility. OSHA has preliminarily increases generated from the proposed country. Nonetheless, states with concluded that it would not have a rule would be less that 1.0 percent for occupational safety and health plans significant impact upon a substantial the majority of affected establishments. approved under section 18 of the OSH number of small entities. Assuming a 15 Further, none of the compliance Act will be able to develop their own percent turnover rate, compliance costs requirements affect the demand for state standards to deal with any special for a typical small business in public foreign-made safety equipment. It can be problems which might be encountered warehousing and storage (SIC 422) will concluded, therefore, that there will be in a particular state. Moreover, because be $1,188 in the first year and $280 no measurable impacts on foreign trade. this standard is written in general, annually thereafter. OSHA estimates XII. Federalism performance-oriented terms, there is that the average price impact for small considerable flexibility for state plans to This proposed regulation has been establishments will not exceed 0.12 require, and for affected employers to reviewed in accordance with Executive percent. Similarly, OSHA estimates that, use, methods of compliance which are Order 12612 (52 FR 41685, October 30, if the average establishment could not appropriate to the working conditions 1987), regarding Federalism. This Order pass any of these costs to its customers covered by the standard. through this very small price increase (a requires that agencies, to the extent highly unlikely scenario), the costs possible, refrain from limiting state In brief, this proposed rule addresses would impact average profits by less policy options, consult with states prior a clear national problem related to than 1.2 percent. These impacts are to taking any actions which would occupational safety and health in judged to be relatively minor; therefore, restrict state policy options, and take general industry. Those states which the proposed standard is economically such actions only when there is clear have elected to participate under section feasible for small establishments. constitutional authority and the 18 of the OSH Act are not preempted by presence of a problem of national scope. this standard, and will be able to XI. Environmental Assessment The Order provides for preemption of address any special conditions within The proposed rules have been state law only if there is a clear the framework of the Federal Act while reviewed in accordance with the Congressional intent for the Agency to ensuring that the state standards are at requirements of the National do so. Any such preemption is to be least as effective as their standard. State Environmental Policy Act (NEPA) of limited to the extent possible. comments are invited on this proposal 1969 (42 U.S.C. 4321 et seq.), the Section 18 of the Occupational Safety and will be fully considered prior to regulations of the Council of and Health Act (OSH Act) expresses promulgation of a final rule. Environmental Quality (CEQ) (40 CFR Congress’ intent to preempt state laws XIII. Public Participation part 1500), and DOL NEPA procedures relating to issues on which Federal (29 CFR part 11). The provision of the OSHA has promulgated occupational Interested persons are requested to standard focuses on the reduction and safety and health standards. Under the submit written data, views and avoidance of incidents involving OSH Act, a state can avoid preemption arguments concerning this proposal. powered industrial trucks. in issues covered by Federal standards These comments must be postmarked by Consequently, no major negative impact only if it submits, and obtains Federal July 12, 1995, and submitted in is foreseen on air, water or soil quality, approval of, a plan for the development quadruplicate to the Docket Office; plant or animal life, the use of land or of such standards and their Docket No. S–008, Room N2624; U.S. other aspects of the environment. enforcement. Occupational safety and Department of Labor, Occupational Therefore, this revision is categorized as health standards developed by such Safety and Health Administration; 200 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13803 Constitution Ave., NW., Washington, standard is promulgated, Federal OSHA (1) Operator qualifications. (i) The DC 20210. will provide interim enforcement employer shall ensure that each All written comments received within assistance, as appropriate, in those potential operator of a powered the specified comment period will be States. industrial truck is capable of performing made a part of the record and will be the duties that are required of the job. List of Subjects available for public inspection and (ii) In determining operator copying at the above Docket Office 29 CFR Part 1910 qualifications, the employer shall address. Motor vehicle safety, Occupational ensure that each potential operator has Additionally, under section 6(b)(3) of safety and health, Transportation. received the training required by this the OSH Act and 29 CFR 1911.11, paragraph (l), that each potential interested persons may file objections to 29 CFR Part 1915 operator has been evaluated by a the proposal and request an informal Motor vehicle safety, Occupational designated person while performing the hearing. The objections and hearing safety and health, Transportation, required duties, and that each potential requests should be submitted in Vessels. operator performs those operations quadruplicate to the Docket Office at the competently. above address and must comply with 29 CFR Part 1917 (2) Training program implementation. the following conditions: Marine terminals, Motor vehicle (i) The employer shall implement a 1. The objection must include the safety, Occupational safety and health, training program and ensure that only name and address of the objector; Vessels. trained drivers who have successfully 2. The objections must be postmarked completed the training program are by July 12, 1995; 29 CFR Part 1918 allowed to operate powered industrial 3. The objections must specify with Longshoring, Motor vehicle safety, trucks. Exception: Trainees under the particularity grounds upon which the Occupational safety and health, Vessels. direct supervision of a designated objection is based; person shall be allowed to operate a 4. Each objection must be separately XV. Authority powered industrial truck provided the numbered; and This document was prepared under operation of the vehicle is conducted in 5. The objections must be the direction of Joseph A. Dear, an area where other employees are not accompanied by a detailed summary of Assistant Secretary of Labor for near and the operation of the truck is the evidence proposed to be adduced at Occupational Safety and Health, U.S. under controlled conditions. the requested hearing. Department of Labor, 200 Constitution (ii) Training shall consist of a Interested persons who have Avenue, NW., Washington, DC 20210. combination of classroom instruction objections to various provisions or have Accordingly, pursuant to section 4, (Lecture, discussion, video tapes, and/or changes to recommend may of course 6(b), 8(c) and 8(g) of the Occupational conference) and practical training make those objections and their Safety and Health Act of 1970 (29 U.S.C. (demonstrations and practical exercises recommendations in their comments 653, 655, 657), Secretary of Labor’s by the trainee). and OSHA will fully consider them. Order No. 1–90 (55 FR 9033), and 29 (iii) All training and evaluation shall There is only need to file formal CFR part 1911, it is proposed to amend be conducted by a designated person ‘‘objections’’ separately if the interested 29 CFR parts 1910, 1915, 1917, 1918 who has the requisite knowledge, person requests a public hearing. and 1926 as set forth below. training and experience to train OSHA recognizes that there may be powered industrial truck operators and interested persons who, through their Signed at Washington, DC, this 24th day of February, 1995. judge their competency. knowledge of safety or their experience (3) Training program content. in the operations involved, would wish Joseph A. Dear, Powered industrial truck operator to endorse or support certain provisions Assistant Secretary of Labor. trainees shall be trained in the following in the standard. OSHA welcomes such topics unless the employer can supportive comments, including any PART 1910ÐOCCUPATIONAL SAFETY AND HEALTH STANDARDS demonstrate that some of the topics are pertinent accident data or cost not needed for safe operation. information which may be available, in 1. The authority citation for subpart N (i) Truck related topics. order that the record of this rulemaking of part 1910 would be revised to read as (A) All operating instructions, will present a balanced picture of the follows: warnings and precautions for the types public response on the issues involved. Authority: Secs. 4, 6, 8 of the Occupational of trucks the operator will be authorized XIV. State Plan Standards Safety and Health Act of 1970 (29 U.S.C. 653, to operate; (B) Similarities to and differences The 25 States with their own OSHA 655, 657); Secretary of Labor’s Order No. 12– 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 from the automobile; approved occupational safety and health (48 FR 35736) or 1–90 (55 FR 9033), as (C) Controls and instrumentation: plans must adopt a comparable standard applicable. location, what they do and how they within six months of the publication Section 1910.177 also issued under 5 work; date of the final standard. These States U.S.C. 553 and 29 CFR part 1911. (D) Power plant operation and are: Alaska, Arizona, California, Sections 1910.176, 1910.178, 1910.179, maintenance; Connecticut (for State and local 1910.183, 1910.184, 1910.189, and 1910.190 (E) Steering and maneuvering; government employees only), Hawaii, also issued under 29 CFR part 1911. (F) Visibility (including restrictions Indiana, Iowa, Kentucky, Maryland, 2. Section 1910.178 would be due to loading); Michigan, Minnesota, Nevada, New amended by revising paragraph (l) and (G) Fork and attachment adaption, Mexico, New York (for State and local by adding appendices A and B at the operation and limitations of their government employees only), North end of the section to read as follows: utilization; Carolina, Oregon, Puerto Rico, South (H) Vehicle capacity; Carolina, Tennessee, Utah, Vermont, § 1910.178 Powered industrial trucks. (I) Vehicle stability; Virginia, Virgin Island, Washington, and * * * * * (J) Vehicle inspection and Wyoming. Until such time as a State (l) Operator training. maintenance; 13804 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules (K) Refueling or charging, recharging (i) Each current truck operator who include that ability of the person to batteries; has received training in any of the work in areas of excessive cold or heat. (L) Operating limitations; and elements specified in paragraph (l)(3) of A–1.5. After an employee has been (M) Any other operating instruction, this section for the types of trucks the trained and appropriate warning or precaution listed in the employee is authorized to operate and accommodations have been made, the operator’s manual for the type vehicle the type workplace that the trucks are employer needs to determine whether which the employee is being trained to being operated in need not be retrained the employee can safely perform the job. operate. in those elements if the employer A–2. The Method(s) of Training (ii) Workplace related topics. certifies in accordance with paragraph (A) Surface conditions where the (l)(5)(i) of this section that the operator A–2.1. Among the many methods of vehicle will be operated; has been evaluated to be competent to training are the lecture, conference, (B) Composition of probable loads and perform those duties. demonstration, test (written and/or oral) load stability; (ii) Each new truck operator who has and the practical exercise. In most (C) Load manipulation, stacking, received training in any of the elements instances, a combination of these unstacking; specified in paragraph (l)(3) of this methods have been successfully used to (D) Pedestrian traffic; section for the types of trucks the train employees in the knowledge, skills (E) Narrow aisles and other restricted employee will be authorized to operate and abilities that are essential to places of operation; and the type of workplace in which the perform the job function that the (F) Operating in hazardous classified trucks will be operated need not be employee is being trained to perform. locations; retrained in those elements before initial To enhance the training and to make the (G) Operating the truck on ramps and assignment in the workplace if the training more understandable to the other sloped surfaces that could affect employer has written documentation of employee, employers and other trainers the stability of the vehicle; the training and if the employee is have used movies, slides, video tapes (H) Other unique or potentially evaluated pursuant to paragraph (l)(4) of and other visual presentations. Making hazardous environmental conditions this section to be competent. the presentation more understandable that exist or may exist in the workplace; has several advantages including: and Note to paragraph (l): Appendices A and (1) The employees being trained B at the end of this section provide non- (I) Operating the vehicle in closed remain more attentive during the environments and other areas where mandatory guidance to assist employers in implementing this paragraph (l). presentation if graphical presentation insufficient ventilation could cause a are used, thereby increasing the * * * * * buildup of carbon monoxide or diesel effectiveness of the training; exhaust. Appendixes to 31910.178 (2) The use of visual presentations (iii) The requirements of this section. allows the trainer to ensure that the Appendix A—Training of Powered (4) Evaluation and refresher or necessary information is covered during Industrial Truck Operators remedial training. the training; (i) Sufficient evaluation and remedial (Non-mandatory appendix to paragraph (3) The use of graphics makes better training shall be conducted so that the (l) of this section) utilization of the training time by employee retains and uses the A–1. Operator Selection decreasing the need for the instructor to knowledge, skills and ability needed to carry on long discussions about the operate the powered industrial truck A–1.1. Prospective operators of instructional material; and safely. powered industrial trucks should be (4) The use of graphics during (ii) An evaluation of the performance identified based upon their ability to be instruction provides greater retention by of each powered industrial truck trained and accommodated to perform the trainees. operator shall be conducted at least job functions that are essential to the annually by a designated person. operation of a powered industrial truck. A–3. Training Program Content (iii) Refresher or remedial training Determination of the capabilities of a A–3.1. Because each type (make and shall be provided when there is reason prospective operator to fulfill the model) powered industrial truck has to believe that there has been unsafe demands of the job should be based different operating characteristics, operation, when an accident or a near- upon the tasks that the job demands. limitations and other unique features, miss occurs or when an evaluation A–1.2. The employer should identify an optimum employee training program indicates that the operator is not capable all the aspects of the job that the for powered industrial truck operators of performing the assigned duties. employee must meet/perform when must be based upon the type vehicles (5) Certification. doing his or her job. These aspects that the employee will be trained and (i) The employer shall certify that could include the level at which the authorized to operate. The training must each operator has received the training, employee must see and hear, the also emphasize the features of the has been evaluated as required by this physical demands of the job, and the workplace which will affect the manner paragraph, and has demonstrated environmental extremes of the job. in which the vehicle must be operated. competency in the performance of the A–1.3. One factor to be considered is Finally, the training must include the operator’s duties. The certification shall the ability of the candidate to see and general safety rules applicable to the include the name of the trainee, the date hear within reasonably acceptable operation of all powered industrial of training, and the signature of the limits. Included in the vision trucks. person performing the training and requirements are the ability to see at A–3.2. Selection of the methods of evaluation. distance and peripherally. In certain training the operators has been left to (ii) The employer shall retain the instances, there also is a requirement for the reasonable determination of the current training materials and course the candidate to discern different colors, employer. Whereas some employees can outline or the name and address of the primarily red, yellow and green. assimilate instructional material while person who conducted the training if it A–1.4. The environmental extremes seated in a classroom, other employees was conducted by an outside trainer. that might be demanded of a potential may learn best by observing the conduct (6) Avoidance of Duplicative Training. powered industrial truck operator of operations (demonstration) and/or by Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13805 having to personally conduct the which exist or may exist in the which is necessary for the safe operation operations (practical exercise). In some workplace. of the vehicle. Insight into some of the instances, an employee can receive (i) Operating the vehicle in closed specifics of the above subject areas may valuable instruction through the use of environments and other areas where be obtained from the vehicle electronic mediums, such as the use of insufficient ventilation could cause a manufacturers’ literature, the national video tapes and movies. In most buildup of carbon monoxide or diesel consensus standards [e.g. the ANSI B56 instances, a combination of the different exhaust. series of standards (current revisions)] training methods may provide the (3) The requirements of this OSHA and this OSHA Standard. mechanism for providing the best Standard. Appendix B—Stability of Powered training in the least amount of time. A–5. Trainee Evaluation Industrial Trucks OSHA has specified at paragraph (l)(2)(ii) of this section that the training A–5.1. The provisions of these (Non-mandatory appendix to paragraph must consist of a combination classroom proposed requirements specify that an (l) of this section) employee evaluation be conducted both instruction and practical exercise. The B–1. Definitions use of both these modes of instruction as part of the training and after is the only way of assuring that the completion of the training. The initial To understand the principle of trainee has received and comprehended evaluation is useful for many reasons, stability, understanding definitions of the instruction and can utilize the including: the following is necessary: information to safely operate a powered (1) the employer can determine what Center of gravity is that point of an industrial truck. methods of instruction will produce a object at which all of the weight of an proficient truck operator with the object can be considered to be A–4. Initial Training minimum of time and effort; concentrated. A–4.1. The following is an outline of (2) the employer can gain insight into Counterweight is the weight that is a a generalized forklift operator training the previous training that the trainee has part of the basic structure of a truck that program: received; and is used to offset the weight of a load and (1) Characteristics of the powered (3) a determination can be made as to to maximize the resistance of the industrial truck(s) the employee will be whether the trainee will be able to vehicle to tipping over. allowed to operate: successfully operate a powered Fulcrum is the axis of rotation of the (a) Similarities to and differences industrial truck. This initial evaluation truck when it tips over. from the automobile; can be completed by having the Grade is the slope of any surface that (b) Controls and instrumentation: employee fill out a questionnaire, by an is usually measured as the number of location, what they do and how they oral interview, or by a combination of feet of rise or fall over a hundred foot work; these mechanisms. In many cases, horizontal distance (this measurement is (c) Power plant operation and answers received by the employee can designated as a percent). maintenance; be substantiated by contact with other Lateral stability is the resistance of a (d) Steering and maneuvering; employees or previous employers. truck to tipping over sideways. (e) Visibility; Line of action is an imaginary vertical (f) Fork and/or attachment adaption, A–6. Refresher or Remedial Training line through the center of gravity of an operation and limitations of their A–6.1. (The type information listed at object. utilization; paragraph A–6.2 of this appendix would Load center is the horizontal distance (g) Vehicle capacity; be used when the training is more than from the edge of the load (or the vertical (h) Vehicle stability; an on-the-spot correction being made by face of the forks or other attachment) to (i) Vehicle inspection and a supervisor or when there have been the line of action through the center of maintenance; multiple instances of on-the-spot gravity of the load. (j) Refueling or charging, recharging corrections having to be made.) When Longitudinal stability is the resistance batteries. an on-the-spot correction is used, the of a truck to overturning forward or (k) Operating limitations. (l) Any other operating instruction, person making the correction should rearward. warning or precaution listed in the point out the incorrect manner of Moment is the product of the weight operator’s manual for the type vehicle operation of the truck or other unsafe of the object times the distance from a which the employee is being trained to act being conducted, tell the employee fixed point. In the case of a powered operate. how to do the operation correctly, and industrial truck, the distance is (2) The operating environment: then ensure that the employee does the measured from the point that the truck (a) Floor surfaces and/or ground operation correctly. will tip over to the line of action of the conditions where the vehicle will be A–6.2. The following items may be object. The distance is always measured operated; used when a more general, structured perpendicular to the line of action. (b) Composition of probable loads and retraining program is utilized to train Track is the distance between wheels load stability; employees and eliminate unsafe on the same axle of a vehicle. (c) Load manipulation, stacking, operation of the vehicle: Wheelbase is the distance between the unstacking; (1) Common unsafe situations centerline of the front and rear wheels (d) Pedestrian traffic; encountered in the workplace; of a vehicle. (2) Unsafe methods of operating (e) Narrow aisle and restricted place B–2. General operation; observed or known to be used; (f) Operating in classified hazardous (3) The need for constant B–2.1. Stability determination for a locations; attentiveness to the vehicle, the powered industrial truck is not (g) Operating the truck on ramps and workplace conditions and the manner in complicated once a few basic principles other sloped surfaces which would which the vehicle is operated. are understood. There are many factors affect the stability of the vehicle; A–6.3. Details about the above subject that influence vehicle stability. Vehicle (h) Other unique or potentially areas need to be expanded upon so that wheelbase, track, height and weight hazardous environmental conditions the operator receives all the information distribution of the load, and the location 13806 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules of the counterweights of the vehicle (if fulcrum (moment) is equal to the moment, the greater load-moment will the vehicle is so equipped), all moment at the other end of the device, force the truck to tip forward. contribute to the stability of the vehicle. the device is balanced and it will not B–2.2. The ‘‘stability triangle’’, used move. However, if there is a greater B–4. The Stability Triangle in most discussions of stability, is not moment at one end of the device, the B–4.1. Almost all counterbalanced mysterious but is used to demonstrate device will try to move downward at the powered industrial trucks have a three truck stability in rather simple fashion. end with the greater moment. point suspension system, that is, the B–3.2. Longitudinal stability of a vehicle is supported at three points. B–3. Basic Principles counterbalanced powered industrial This is true even if it has four wheels. B–3.1. The determination of whether truck is dependent on the moment of The steer axle of most trucks is attached an object is stable is dependent on the the vehicle and the moment of the load. to the truck by means of a pivot pin in moment of an object at one end of a In other words, if the mathematic system being greater than, equal to or product of the load moment (the the center of the axle. This three point smaller than the moment of an object at distance is from the front wheels, the support forms a triangle called the the other end of that system. This is the point about which the vehicle would tip stability triangle when the points are same principle on which a see saw or forward) the system is balanced and will connected with imaginary lines. Figure teeter-totter works, that is, if the product not tip forward. However, if the load- 1 depicts the stability triangle. of the load and distance from the moment is greater than the vehicle- BILLING CODE 4510±26±P Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13807 BILLING CODE 4510±26±C 13808 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules B–4.2. When the line of action of the the line of action of the vehicle or the unstable and may tip over. (See Figure vehicle or load-vehicle falls within the vehicle/load combination falls outside 2.) stability triangle, the vehicle is stable the stability triangle, the vehicle is BILLING CODE 4510±26±P and will not tip over. However, when Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13809 BILLING CODE 4510±26±C 13810 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules B–5. Longitudinal Stability B–6. Lateral Stability 4. A new § 1915.120 with appendices A and B would be added to subpart G B–5.1. The axis of rotation when a B–6.1. The lateral stability of a vehicle to read as follows: truck tips forward is the point of contact is determined by the position of the line of the front wheels of the vehicle with of action (a vertical line that passes § 1915.120 Powered industrial trucks. the pavement. When a powered through the combined center of gravity (a) Operator training. (1) Operator industrial truck tips forward, it is this of the vehicle and the load) relative to qualifications. (i) The employer shall line that the truck will rotate about. the stability triangle. When the vehicle ensure that each potential operator of a When a truck is stable the vehicle- is not loaded, the location of the center powered industrial truck is capable of moment must exceed the load-moment. of gravity of the truck is the only factor performing the duties that are required As long as the vehicle-moment is equal to be considered in determining the of the job. to or exceeds the load-moment, the stability of the truck. As long as the line (ii) In determining operator vehicle will not tip over. On the other of action of the combined center of qualifications, the employer shall hand, if the load-moment slightly gravity of the vehicle and the load falls ensure that each potential operator has exceeds the vehicle-moment, the truck within the stability triangle, the truck is received the training required by this paragraph, that each potential operator will begin the tip forward, thereby stable and will not tip over. However, if has been evaluated by a designated causing loss of steering control. If the the line of action falls outside the person while performing the required load-moment greatly exceeds the stability triangle, the truck is not stable and may tip over. duties, and that each potential operator vehicle-moment, the truck will tip performs those operations competently. forward. B–6.2. Factors that affect the lateral stability of a vehicle include the (2) Training program implementation. B–5.2. In order to determine the (i) The employer shall implement a placement of the load on the truck, the training program and ensure that only maximum safe load moment, the truck height of the load above the surface on manufacturer normally rates the truck at trained drivers who have successfully which the vehicle is operating, and the completed the training program are a maximum load at a given distance degree of lean of the vehicle. from the front face of the forks. The allowed to operate powered industrial specified distance from the front face of B–7. Dynamic Stability trucks. Exception: Trainees under the the forks to the line of action of the load direct supervision of a designated B–7.1. Up to this point, we have is commonly called a load center. person shall be allowed to operate a covered stability of a powered industrial powered industrial truck provided the Because larger trucks normally handle truck without consideration of the loads that are physically larger, these operation of the vehicle is conducted in dynamic forces that result when the an area where other employees are not vehicles have greater load centers. A vehicle and load are put into motion. truck with a capacity of 30,000 pounds near and the operation of the truck is The transfer of weight and the resultant under controlled conditions. or less capacity is normally rated at a shift in the center of gravity due to the given load weight at a 24 inch load (ii) Training shall consist of a dynamic forces created when the combination of classroom instruction center. For trucks of greater than 30,000 machine is moving, braking, cornering, (Lecture, discussion, video tapes, and/or pound capacity, the load center is lifting, tilting, and lowering loads, etc., conference) and practical training normally rated at 36 or 48 inch load are important stability considerations. (demonstrations and practical exercises center distance. In order to safely B–7.2. When determining whether a by the trainee). operate the vehicle, the operator should (iii) All training and evaluation shall always check the data plate and load can be safely handled, the operator should exercise extra caution when be conducted by a designated person determine the maximum allowable handling loads that cause the vehicle to who has the requisite knowledge, weight at the rated load center. approach its maximum design training and experience to train B–5.3. Although the true load moment characteristics. For example, if an powered industrial truck operators and distance is measured from the front operator must handle a maximum load, judge their competency. wheels, this distance is greater than the the load should be carried at the lowest (3) Training program content. distance from the front face of the forks. position possible, the truck should be Powered industrial truck operator Calculation of the maximum allowable accelerated slowly and evenly, and the trainees shall be trained in the following load moment using the load center forks should be tilted forward topics unless the employer can distance always provides a lower load cautiously. However, no precise rules demonstrate that some of the topics are moment than the truck was designed to can be formulated to cover all of these not needed for safe operation. handle. When handling unusual loads, eventualities. (i) Truck related topics. such as those that are larger than 48 (A) All operating instructions, inches long (the center of gravity is PART 1915ÐOCCUPATIONAL SAFETY warnings and precautions for the types greater than 24 inches), with an offset AND HEALTH STANDARDS FOR of trucks the operator will be authorized center of gravity, etc., then calculation SHIPYARD EMPLOYMENT to operate; (B) Similarities to and differences of a maximum allowable load moment from the automobile; should be undertaken and this value 3. The authority citation for part 1915 would be revised to read as follows: (C) Controls and instrumentation: used to determine whether a load can be location, what they do and how they handled. For example, if an operator is Authority: Section 41, Longshore and work; operating a 3,000 pound capacity truck Harbor Workers’ Compensation Act (33 (D) Power plant operation and (with a 24 inch load center), the U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, maintenance; maximum allowable load moment is (E) Steering and maneuvering; 72,000 inch-pounds (3,000 times 24). If 657); Secretary of Labor’s Order No. 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 (F) Visibility (including restrictions a probable load is 60 inches long (30 FR 35736) or 1–90 (55 FR 9033), as due to loading); inch load center), then the maximum applicable. (G) Fork and attachment adaption, weight that this load can weigh is 2,400 Sections 1915.120 and 1915.152 also operation and limitations of their pounds (72,000 divided by 30). issued under 29 CFR part 1911. utilization; Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13811 (H) Vehicle capacity; outline or the name and address of the include that ability of the person to (I) Vehicle stability; person who conducted the training if it work in areas of excessive cold or heat. (J) Vehicle inspection and was conducted by an outside trainer. A–1.5. After an employee has been maintenance; (6) Avoidance of duplicative training. trained and appropriate (K) Refueling or charging, recharging (i) Each current truck operator who accommodations have been made, the batteries; has received training in any of the employer needs to determine whether (L) Operating limitations; and elements specified in paragraph (a)(3) of the employee can safely perform the job. (M) Any other operating instruction, this section for the types of trucks the A–2. The Method(s) of Training warning or precaution listed in the employee is authorized to operate and operator’s manual for the type vehicle the type workplace that the trucks are A–2.1. Among the many methods of which the employee is being trained to being operated in need not be retrained training are the lecture, conference, operate. in those elements if the employer demonstration, test (written and/or oral) (ii) Workplace related topics. certifies in accordance with paragraph and the practical exercise. In most (A) Surface conditions where the (a)(5)(i) of this section that the operator instances, a combination of these vehicle will be operated; has been evaluated to be competent to methods have been successfully used to (B) Composition of probable loads and perform those duties. train employees in the knowledge, skills load stability; (ii) Each new truck operator who has and abilities that are essential to (C) Load manipulation, stacking, received training in any of the elements perform the job function that the unstacking; specified in paragraph (a)(3) of this employee is being trained to perform. (D) Pedestrian traffic; section for the types of trucks the To enhance the training and to make the (E) Narrow aisles and other restricted employee will be authorized to operate training more understandable to the places of operation; and the type of workplace in which the employee, employers and other trainers (F) Operating in hazardous classified trucks will be operated need not be have used movies, slides, video tapes locations; retrained in those elements before initial and other visual presentations. Making (G) Operating the truck on ramps and assignment in the workplace if the the presentation more understandable other sloped surfaces that could affect employer has written documentation of has several advantages including: the stability of the vehicle; the training and if the employee is (1) The employees being trained (H) Other unique or potentially evaluated pursuant to paragraph (a)(4) remain more attentive during the hazardous environmental conditions of this section to be competent. presentation if graphical presentation that exist or may exist in the workplace; (b) [Reserved] are used, thereby increasing the and effectiveness of the training; (I) Operating the vehicle in closed Appendixes to § 1915.120 (2) The use of visual presentations environments and other areas where Appendix A—Training of Powered allows the trainer to ensure that the insufficient ventilation could cause a Industrial Truck Operators necessary information is covered during buildup of carbon monoxide or diesel the training; exhaust. (Non-mandatory appendix to paragraph (3) The use of graphics makes better (iii) The requirements of this section. (a) of this section) utilization of the training time by (4) Evaluation and refresher or A–1. Operator Selection decreasing the need for the instructor to remedial training. carry on long discussions about the (i) Sufficient evaluation and remedial A–1.1. Prospective operators of instructional material; and training shall be conducted so that the powered industrial trucks should be (4) The use of graphics during employee retains and uses the identified based upon their ability to be instruction provides greater retention by knowledge, skills and ability needed to trained and accommodated to perform the trainees. operate the powered industrial truck job functions that are essential to the safely. operation of a powered industrial truck. A–3. Training Program Content (ii) An evaluation of the performance Determination of the capabilities of a A–3.1. Because each type (make and of each powered industrial truck prospective operator to fulfill the model) powered industrial truck has operator shall be conducted at least demands of the job should be based different operating characteristics, annually by a designated person. upon the tasks that the job demands. limitations and other unique features, (iii) Refresher or remedial training A–1.2. The employer should identify an optimum employee training program shall be provided when there is reason all the aspects of the job that the for powered industrial truck operators to believe that there has been unsafe employee must meet/perform when must be based upon the type vehicles operation, when an accident or a near- doing his or her job. These aspects that the employee will be trained and miss occurs or when an evaluation could include the level at which the authorized to operate. The training must indicates that the operator is not capable employee must see and hear, the also emphasize the features of the of performing the assigned duties. physical demands of the job, and the workplace which will affect the manner (5) Certification. environmental extremes of the job. in which the vehicle must be operated. (i) The employer shall certify that A–1.3. One factor to be considered is Finally, the training must include the each operator has received the training, the ability of the candidate to see and general safety rules applicable to the has been evaluated as required by this hear within reasonably acceptable operation of all powered industrial paragraph, and has demonstrated limits. Included in the vision trucks. competency in the performance of the requirements are the ability to see at A–3.2. Selection of the methods of operator’s duties. The certification shall distance and peripherally. In certain training the operators has been left to include the name of the trainee, the date instances, there also is a requirement for the reasonable determination of the of training, and the signature of the the candidate to discern different colors, employer. Whereas some employees can person performing the training and primarily red, yellow and green. assimilate instructional material while evaluation. A–1.4. The environmental extremes seated in a classroom, other employees (ii) The employer shall retain the that might be demanded of a potential may learn best by observing the conduct current training materials and course powered industrial truck operator of operations (demonstration) and/or by 13812 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules having to personally conduct the which exist or may exist in the which is necessary for the safe operation operations (practical exercise). In some workplace; of the vehicle. Insight into some of the instances, an employee can receive (i) Operating the vehicle in closed specifics of the above subject areas may valuable instruction through the use of environments and other areas where be obtained from the vehicle electronic mediums, such as the use of insufficient ventilation could cause a manufacturers’ literature, the national video tapes and movies. In most buildup of carbon monoxide or diesel consensus standards [e.g. the ANSI B56 instances, a combination of the different exhaust. series of standards (current revisions)] training methods may provide the (3) The requirements of this OSHA and this OSHA Standard. mechanism for providing the best Standard. Appendix B—Stability of Powered training in the least amount of time. A–5. Trainee Evaluation Industrial Trucks OSHA has specified at paragraph (a)(2)(ii) of this section that the training A–5.1. The provisions of these (Non-mandatory appendix to paragraph must consist of a combination classroom proposed requirements specify that an (a) of this section) employee evaluation be conducted both instruction and practical exercise. The B–1. Definitions use of both these modes of instruction as part of the training and after is the only way of assuring that the completion of the training. The initial To understand the principle of trainee has received and comprehended evaluation is useful for many reasons, stability, understanding definitions of the instruction and can utilize the including: the following is necessary: information to safely operate a powered (1) the employer can determine what Center of Gravity is that point of an industrial truck. methods of instruction will produce a object at which all of the weight of an proficient truck operator with the object can be considered to be A–4. Initial Training minimum of time and effort; concentrated. A–4.1. The following is an outline of (2) the employer can gain insight into Counterweight is the weight that is a a generalized forklift operator training the previous training that the trainee has part of the basic structure of a truck that program: received; and is used to offset the weight of a load and (1) Characteristics of the powered (3) a determination can be made as to to maximize the resistance of the industrial truck(s) the employee will be whether the trainee will be able to vehicle to tipping over. allowed to operate: successfully operate a powered Fulcrum is the axis of rotation of the (a) Similarities to and differences industrial truck. This initial evaluation truck when it tips over. from the automobile; can be completed by having the Grade is the slope of any surface that (b) Controls and instrumentation: employee fill out a questionnaire, by an is usually measured as the number of location, what they do and how they oral interview, or by a combination of feet or rise of fall over a hundred foot work; these mechanisms. In many cases, horizontal distance (this measurement is (c) Power plant operation and answers received by the employee can designated as a percent). maintenance; be substantiated by contact with other Lateral stability is the resistance of a (d) Steering and maneuvering; employees or previous employers. truck to tipping over sideways. (e) Visibility; Line of action is a imaginary vertical (f) Fork and/or attachment adaption, A–6. Refresher or Remedial Training line through the center of gravity of an operation and limitations of their A–6.1. (The type information listed at object. utilization; paragraph A–6.2 of this appendix would Load center is the horizontal distance (g) Vehicle capacity; be used when the training is more than from the edge of the load (or the vertical (h) Vehicle stability; an on-the-spot correction being made by face of the forks or other attachment) to (i) Vehicle inspection and a supervisor or when there have been the line of action through the center of maintenance; multiple instances of on-the-spot gravity of the load. (j) Refueling or charging, recharging corrections having to be made.) When Longitudinal stability is the resistance batteries; an on-the-spot correction is used, the of a truck to overturning forward or (k) Operating limitations; (l) Any other operating instruction, person making the correction should rearward. warning or precaution listed in the point out the incorrect manner of Moment is the product of the weight operator’s manual for the type vehicle operation of the truck or other unsafe of the object times the distance from a which the employee is being trained to act being conducted, tell the employee fixed point. In the case of a powered operate. how to do the operation correctly, and industrial truck, the distance is (2) The operating environment: then ensure that the employee does the measured from the point that the truck (a) Floor surfaces and/or ground operation correctly. will tip over to the line of action of the conditions where the vehicle will be A–6.2. The following items may be object. The distance is always measured operated; used when a more general, structured perpendicular to the line of action. (b) Composition of probable loads and retraining program is utilized to train Track is the distance between wheels load stability; employees and eliminate unsafe on the same axle of a vehicle. (c) Load manipulation, stacking, operation of the vehicle: Wheelbase is the distance between the unstacking; (1) Common unsafe situations centerline of the front and rear wheels (d) Pedestrian traffic; encountered in the workplace; of a vehicle. (2) Unsafe methods of operating (e) Narrow aisle and restricted place B–2. General operation; observed or known to be used; (f) Operating in classified hazardous (3) The need for constant B–2.1. Stability determination for a locations; attentiveness to the vehicle, the powered industrial truck is not (g) Operating the truck on ramps and workplace conditions and the manner in complicated once a few basic principles other sloped surfaces which would which the vehicle is operated. are understood. There are many factors affect the stability of the vehicle; A–6.3. Details about the above subject that influence vehicle stability. Vehicle (h) Other unique or potentially areas need to be expanded upon so that wheelbase, track, height and weight hazardous environmental conditions the operator receives all the information distribution of the load, and the location Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13813 of the counterweights of the vehicle (if fulcrum (moment) is equal to the moment, the greater load-moment will the vehicle is so equipped), all moment at the other end of the device, force the truck to tip forward. contribute to the stability of the vehicle. the device is balanced and it will not B–2.2. The ‘‘stability triangle’’, used move. However, if there is a greater B–4. The Stability Triangle in most discussions of stability, is not moment at one end of the device, the B–4.1. Almost all counterbalanced mysterious but is used to demonstrate device will try to move downward at the powered industrial trucks have a three truck stability in rather simple fashion. end with the greater moment. point suspension system, that is, the B–3.2. Longitudinal stability of a vehicle is supported at three points. B–3. Basic Principles counterbalanced powered industrial This is true even if it has four wheels. B–3.1. The determination of whether truck is dependent on the moment of The steer axle of most trucks is attached an object is stable is dependent on the the vehicle and the moment of the load. to the truck by means of a pivot pin in moment of an object at one end of a In other words, if the mathematic system being greater than, equal to or product of the load moment (the the center of the axle. This three point smaller than the moment of an object at distance is from the front wheels, the support forms a triangle called the the other end of that system. This is the point about which the vehicle would tip stability triangle when the points are same principle on which a see saw or forward) the system is balanced and will connected with imaginary lines. Figure teeter-totter works, that is, if the product not tip forward. However, if the load- 1 depicts the stability triangle. of the load and distance from the moment is greater than the vehicle- BILLING CODE 4510±26±P 13814 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules BILLING CODE 4510±26±C Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13815 B–4.2. When the line of action of the the line of action of the vehicle or the unstable and may tip over. (See Figure vehicle or load-vehicle falls within the vehicle/load combination falls outside 2.) stability triangle, the vehicle is stable the stability triangle, the vehicle is BILLING CODE 4510±26±P and will not tip over. However, when 13816 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules BILLING CODE 4510±26±P Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13817 B–5. Longitudinal Stability B–6. Lateral Stability adding appendices A and B at the end of the section to read as follows: B–5.1. The axis of rotation when a B–6.1. The lateral stability of a vehicle truck tips forward is the point of contact is determined by the position of the line § 1917.43 Powered industrial trucks. of the front wheels of the vehicle with of action (a vertical line that passes * * * * * the pavement. When a powered through the combined center of gravity (i) Operator training. industrial truck tips forward, it is this of the vehicle and the load) relative to (1) Operator qualifications. (i) The line that the truck will rotate about. the stability triangle. When the vehicle employer shall ensure that each When a truck is stable the vehicle- is not loaded, the location of the center potential operator of a powered moment must exceed the load-moment. of gravity of the truck is the only factor industrial truck is capable of performing As long as the vehicle-moment is equal to be considered in determining the the duties that are required of the job. to or exceeds the load-moment, the stability of the truck. As long as the line (ii) In determining operator qualifications, the employer shall vehicle will not tip over. On the other of action of the combined center of ensure that each potential operator has hand, if the load-moment slightly gravity of the vehicle and the load falls received the training required by this exceeds the vehicle-moment, the truck within the stability triangle, the truck is stable and will not tip over. However, if paragraph, that each potential operator will begin the tip forward, thereby the line of action falls outside the has been evaluated by a designated causing loss of steering control. If the stability triangle, the truck is not stable person while performing the required load-moment greatly exceeds the and may tip over. duties, and that each potential operator vehicle-moment, the truck will tip performs those operations competently. forward. B–6.2. Factors that affect the lateral stability of a vehicle include the (2) Training program implementation. B–5.2. In order to determine the placement of the load on the truck, the (i) The employer shall implement a maximum safe load moment, the truck height of the load above the surface on training program and ensure that only manufacturer normally rates the truck at which the vehicle is operating, and the trained drivers who have successfully a maximum load at a given distance degree of lean of the vehicle. completed the training program are from the front face of the forks. The allowed to operate powered industrial specified distance from the front face of B–7. Dynamic Stability trucks. Exception: Trainees under the direct supervision of a designated the forks to the line of action of the load B–7.1. Up to this point, we have person shall be allowed to operate a is commonly called a load center. covered stability of a powered industrial powered industrial truck provided the Because larger trucks normally handle truck without consideration of the operation of the vehicle is conducted in loads that are physically larger, these dynamic forces that result when the an area where other employees are not vehicles have greater load centers. A vehicle and load are put into motion. near and the operation of the truck is truck with a capacity of 30,000 pounds The transfer of weight and the resultant or less capacity is normally rated at a under controlled conditions. shift in the center of gravity due to the (ii) Training shall consist of a given load weight at a 24 inch load dynamic forces created when the combination of classroom instruction center. For trucks of greater than 30,000 machine is moving, braking, cornering, (Lecture, discussion, video tapes, and/or pound capacity, the load center is lifting, tilting, and lowering loads, etc., conference) and practical training normally rated at 36 or 48 inch load are important stability considerations. (demonstrations and practical exercises center distance. In order to safely B–7.2. When determining whether a by the trainee). operate the vehicle, the operator should load can be safely handled, the operator (iii) All training and evaluation shall always check the data plate and should exercise extra caution when be conducted by a designated person determine the maximum allowable handling loads that cause the vehicle to who has the requisite knowledge, weight at the rated load center. approach its maximum design training and experience to train B–5.3. Although the true load moment characteristics. For example, if an powered industrial truck operators and distance is measured from the front operator must handle a maximum load, judge their competency. wheels, this distance is greater than the the load should be carried at the lowest (3) Training program content. distance from the front face of the forks. position possible, the truck should be Powered industrial truck operator Calculation of the maximum allowable accelerated slowly and evenly, and the trainees shall be trained in the following load moment using the load center forks should be tilted forward topics unless the employer can distance always provides a lower load cautiously. However, no precise rules demonstrate that some of the topics are moment than the truck was designed to can be formulated to cover all of these not needed for safe operation. handle. When handling unusual loads, eventualities. (i) Truck related topics. such as those that are larger than 48 (A) All operating instructions, PART 1917ÐMARINE TERMINALS inches long (the center of gravity is warnings and precautions for the types of trucks the operator will be authorized greater than 24 inches), with an offset 5. The authority citation for part 1917 center of gravity, etc., then calculation to operate; would be revised to read as follows: (B) Similarities to and differences of a maximum allowable load moment Authority: Section 41, Longshore and from the automobile; should be undertaken and this value Harbor Workers’ Compensation Act (33 (C) Controls and instrumentation: used to determine whether a load can be U.S.C. 941); secs. 4, 6, 8, Occupational Safety location, what they do and how they handled. For example, if an operator is and Health Act of 1970 (29 U.S.C. 653, 655, work; operating a 3000 pound capacity truck 657); Secretary of Labor’s Order No. 12–71 (D) Power plant operation and (with a 24 inch load center), the (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 maintenance; maximum allowable load moment is FR 35736) or 1–90 (55 FR 9033), as (E) Steering and maneuvering; 72,000 inch-pounds (3,000 times 24). If applicable. (F) Visibility (including restrictions a probable load is 60 inches long (30 Section 1917.43 also issued under 29 CFR part 1911. due to loading); inch load center), then the maximum (G) Fork and attachment adaption, weight that this load can weigh is 2,400 6. Section 1917.43 would be amended operation and limitations of their pounds (72,000 divided by 30). by adding a new paragraph (i) and by utilization; 13818 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules (H) Vehicle capacity; person who conducted the training if it powered industrial truck operator (I) Vehicle stability; was conducted by an outside trainer. include that ability of the person to (J) Vehicle inspection and (6) Avoidance of duplicative training. work in areas of excessive cold or heat. maintenance; (i) Each current truck operator who A–1.5. After an employee has been (K) Refueling or charging, recharging has received training in any of the trained and appropriate batteries; elements specified in paragraph (i)(3) of accommodations have been made, the (L) Operating limitations; and this section for the types of trucks the employer needs to determine whether (M) Any other operating instruction, employee is authorized to operate and the employee can safely perform the job. warning or precaution listed in the the type workplace that the trucks are operator’s manual for the type vehicle being operated in need not be retrained A–2. The Method(s) of Training which the employee is being trained to in those elements if the employer A–2.1. Among the many methods of operate. certifies in accordance with paragraph training are the lecture, conference, (ii) Workplace related topics. (i)(5)(i) of this section that the operator demonstration, test (written and/or oral) (A) Surface conditions where the has been evaluated to be competent to and the practical exercise. In most vehicle will be operated; perform those duties. instances, a combination of these (B) Composition of probable loads and (ii) Each new truck operator who has methods have been successfully used to load stability; received training in any of the elements train employees in the knowledge, skills (C) Load manipulation, stacking, specified in paragraph (i)(3) of this and abilities that are essential to unstacking; section for the types of trucks the perform the job function that the (D) Pedestrian traffic; employee will be authorized to operate employee is being trained to perform. (E) Narrow aisles and other restricted and the type of workplace in which the To enhance the training and to make the places of operation; trucks will be operated need not be training more understandable to the (F) Operating in hazardous classified retrained in those elements before initial employee, employers and other trainers locations; assignment in the workplace if the have used movies, slides, video tapes (G) Operating the truck on ramps and employer has written documentation of and other visual presentations. Making other sloped surfaces that could affect the training and if the employee is the presentation more understandable the stability of the vehicle; evaluated pursuant to paragraph (i)(4) of has several advantages including: (H) Other unique or potentially this section to be competent. (1) The employees being trained hazardous environmental conditions Note to paragraph (i): Appendices A and remain more attentive during the that exist or may exist in the workplace; B provide non-mandatory guidance to assist presentation if graphical presentation and employers in implementing this paragraph are used, thereby increasing the (I) Operating the vehicle in closed (i). effectiveness of the training; environments and other areas where Appendices to § 1917.43 (2) The use of visual presentations insufficient ventilation could cause a allows the trainer to ensure that the buildup of carbon monoxide or diesel Appendix A—Training of Powered necessary information is covered during exhaust. Industrial Truck Operators the training; (iii) The requirements of this section. (Non-mandatory appendix to paragraph (3) The use of graphics makes better (4) Evaluation and refresher or (i) of this section) utilization of the training time by remedial training. (i) Sufficient decreasing the need for the instructor to evaluation and remedial training shall A–1. Operator Selection carry on long discussions about the be conducted so that the employee A–1.1. Prospective operators of instructional material; and retains and uses the knowledge, skills powered industrial trucks should be (4) The use of graphics during and ability needed to operate the identified based upon their ability to be instruction provides greater retention by powered industrial truck safely. trained and accommodated to perform the trainees. (ii) An evaluation of the performance job functions that are essential to the A–3. Training Program Content of each powered industrial truck operation of a powered industrial truck. operator shall be conducted at least Determination of the capabilities of a A–3.1. Because each type (make and annually by a designated person. prospective operator to fulfill the model) powered industrial truck has (iii) Refresher or remedial training demands of the job should be based different operating characteristics, shall be provided when there is reason upon the tasks that the job demands. limitations and other unique features, to believe that there has been unsafe A–1.2. The employer should identify an optimum employee training program operation, when an accident or a near- all the aspects of the job that the for powered industrial truck operators miss occurs or when an evaluation employee must meet/perform when must be based upon the type vehicles indicates that the operator is not capable doing his or her job. These aspects that the employee will be trained and of performing the assigned duties. could include the level at which the authorized to operate. The training must (5) Certification. employee must see and hear, the also emphasize the features of the (i) The employer shall certify that physical demands of the job, and the workplace which will affect the manner each operator has received the training, environmental extremes of the job. in which the vehicle must be operated. has been evaluated as required by this A–1.3. One factor to be considered is Finally, the training must include the paragraph, and has demonstrated the ability of the candidate to see and general safety rules applicable to the competency in the performance of the hear within reasonably acceptable operation of all powered industrial operator’s duties. The certification shall limits. Included in the vision trucks. include the name of the trainee, the date requirements are the ability to see at A–3.2. Selection of the methods of of training, and the signature of the distance and peripherally. In certain training the operators has been left to person performing the training and instances, there also is a requirement for the reasonable determination of the evaluation. the candidate to discern different colors, employer. Whereas some employees can (ii) The employer shall retain the primarily red, yellow and green. assimilate instructional material while current training materials and course A–1.4. The environmental extremes seated in a classroom, other employees outline or the name and address of the that might be demanded of a potential may learn best by observing the conduct Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13819 of operations (demonstration) and/or by (h) Other unique or potentially A–6.3. Details about the above subject having to personally conduct the hazardous environmental conditions areas need to be expanded upon so that operations (practical exercise). In some which exist or may exist in the the operator receives all the information instances, an employee can receive workplace. which is necessary for the safe operation valuable instruction through the use of (i) Operating the vehicle in closed of the vehicle. Insight into some of the electronic mediums, such as the use of environments and other areas where specifics of the above subject areas may video tapes and movies. In most insufficient ventilation could cause a be obtained from the vehicle instances, a combination of the different buildup of carbon monoxide or diesel manufacturers’ literature, the national training methods may provide the exhaust. consensus standards [e.g. the ANSI B56 mechanism for providing the best (3) The requirements of this OSHA series of standards (current revisions)] training in the least amount of time. Standard. and this OSHA Standard. OSHA has specified at paragraph Appendix B—Stability of Powered (i)(2)(ii) of this section that the training A–5. Trainee Evaluation Industrial Trucks must consist of a combination classroom A–5.1. The provisions of these instruction and practical exercise. The proposed requirements specify that an (Non-mandatory appendix to paragraph use of both these modes of instruction employee evaluation be conducted both (i) of this section) is the only way of assuring that the as part of the training and after B–1. Definitions trainee has received and comprehended completion of the training. The initial the instruction and can utilize the evaluation is useful for many reasons, To understand the principle of information to safely operate a powered including: stability, understanding definitions of industrial truck. (1) the employer can determine what the following is necessary: Center of Gravity is that point of an A–4. Initial Training methods of instruction will produce a proficient truck operator with the object at which all of the weight of an A–4.1. The following is an outline of minimum of time and effort; object can be considered to be a generalized forklift operator training (2) the employer can gain insight into concentrated. Counterweight is the weight that is a program: the previous training that the trainee has part of the basic structure of a truck that (1) Characteristics of the powered received; and is used to offset the weight of a load and industrial truck(s) the employee will be (3) a determination can be made as to to maximize the resistance of the allowed to operate: whether the trainee will be able to vehicle to tipping over. (a) Similarities to and differences successfully operate a powered Fulcrum is the axis of rotation of the from the automobile; industrial truck. This initial evaluation truck when it tips over. (b) Controls and instrumentation: can be completed by having the location, what they do and how they Grade is the slope of any surface that employee fill out a questionnaire, by an is usually measured as the number of work; oral interview, or by a combination of (c) Power plant operation and feet of rise of fall over a hundred foot these mechanisms. In many cases, horizontal distance (this measurement is maintenance; answers received by the employee can (d) Steering and maneuvering; designated as a percent). be substantiated by contact with other (e) Visibility; Lateral stability is the resistance of a employees or previous employers. (f) Fork and/or attachment adaption, truck to tipping over sideways. operation and limitations of their A–6. Refresher or Remedial Training Line of action is a imaginary vertical utilization; line through the center of gravity of an A–6.1. (The type information listed in (g) Vehicle capacity; object. paragraph A–6.2 of this appendix would (h) Vehicle stability; Load center is the horizontal distance (i) Vehicle inspection and be used when the training is more than from the edge of the load (or the vertical maintenance; an on-the-spot correction being made by face of the forks or other attachment) to (j) Refueling or charging, recharging a supervisor or when there have been the line of action through the center of batteries. multiple instances of on-the-spot gravity of the load. (k) Operating limitations. corrections having to be made.) When Longitudinal stability is the resistance (l) Any other operating instruction, an on-the-spot correction is used, the of a truck to overturning forward or warning or precaution listed in the person making the correction should rearward. operator’s manual for the type vehicle point out the incorrect manner of Moment is the product of the weight which the employee is being trained to operation of the truck or other unsafe of the object times the distance from a operate. act being conducted, tell the employee fixed point. In the case of a powered (2) The operating environment: how to do the operation correctly, and industrial truck, the distance is (a) Floor surfaces and/or ground then ensure that the employee does the measured from the point that the truck conditions where the vehicle will be operation correctly. will tip over to the line of action of the operated; A–6.2. The following items may be object. The distance is always measured (b) Composition of probable loads and used when a more general, structured perpendicular to the line of action. load stability; retraining program is utilized to train Track is the distance between wheels (c) Load manipulation, stacking, employees and eliminate unsafe on the same axle of a vehicle. unstacking; operation of the vehicle: Wheelbase is the distance between the (d) Pedestrian traffic; (1) Common unsafe situations centerline of the front and rear wheels (e) Narrow aisle and restricted place encountered in the workplace; of a vehicle. operation; (2) Unsafe methods of operating (f) Operating in classified hazardous observed or known to be used; B–2. General locations; (3) The need for constant B–2.1. Stability determination for a (g) Operating the truck on ramps and attentiveness to the vehicle, the powered industrial truck is not other sloped surfaces which would workplace conditions and the manner in complicated once a few basic principles affect the stability of the vehicle; which the vehicle is operated. are understood. There are many factors 13820 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules that influence vehicle stability. Vehicle teeter-totter works, that is, if the product moment is greater than the vehicle- wheelbase, track, height and weight of the load and distance from the moment, the greater load-moment will distribution of the load, and the location fulcrum (moment) is equal to the force the truck to tip forward. of the counterweights of the vehicle (if moment at the other end of the device, the vehicle is so equipped), all the device is balanced and it will not B–4. The Stability Triangle contribute to the stability of the vehicle. move. However, if there is a greater B–4.1. Almost all counterbalanced B–2.2. The ‘‘stability triangle’’, used moment at one end of the device, the powered industrial trucks have a three in most discussions of stability, is not device will try to move downward at the point suspension system, that is, the mysterious but is used to demonstrate end with the greater moment. vehicle is supported at three points. B–3.2. Longitudinal stability of a truck stability in rather simple fashion. This is true even if it has four wheels. counterbalanced powered industrial The steer axle of most trucks is attached B–3. Basic Principles truck is dependent on the moment of B–3.1. The determination of whether the vehicle and the moment of the load. to the truck by means of a pivot pin in an object is stable is dependent on the In other words, if the mathematic the center of the axle. This three point moment of an object at one end of a product of the load moment (the support forms a triangle called the system being greater than, equal to or distance is from the front wheels, the stability triangle when the points are smaller than the moment of an object at point about which the vehicle would tip connected with imaginary lines. Figure the other end of that system. This is the forward) the system is balanced and will 1 depicts the stability triangle. same principle on which a see saw or not tip forward. However, if the load- BILLING CODE 4510±26±P Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13821 BILLING CODE 4510±26±C 13822 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules B–4.2. When the line of action of the the line of action of the vehicle or the unstable and may tip over. (See Figure vehicle or load-vehicle falls within the vehicle/load combination falls outside 2.) stability triangle, the vehicle is stable the stability triangle, the vehicle is BILLING CODE 4510±26±P and will not tip over. However, when Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13823 BILLING CODE 4510±26±C 13824 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules B–5. Longitudinal Stability B–6. Lateral Stability § 1918.77 Powered Industrial Trucks. (a) Operator training. B–5.1. The axis of rotation when a B–6.1. The lateral stability of a vehicle is determined by the position of the line (1) Operator qualifications. (i) The truck tips forward is the point of contact employer shall ensure that each of the front wheels of the vehicle with of action (a vertical line that passes through the combined center of gravity potential operator of a powered the pavement. When a powered of the vehicle and the load) relative to industrial truck is capable of performing industrial truck tips forward, it is this the stability triangle. When the vehicle the duties that are required of the job. line that the truck will rotate about. (ii) In determining operator is not loaded, the location of the center When a truck is stable the vehicle- qualifications, the employer shall of gravity of the truck is the only factor moment must exceed the load-moment. ensure that each potential operator has to be considered in determining the received the training required by this As long as the vehicle-moment is equal stability of the truck. As long as the line to or exceeds the load-moment, the paragraph, that each potential operator of action of the combined center of has been evaluated by a designated vehicle will not tip over. On the other gravity of the vehicle and the load falls hand, if the load-moment slightly person while performing the required within the stability triangle, the truck is duties, and that each potential operator exceeds the vehicle-moment, the truck stable and will not tip over. However, if will begin the tip forward, thereby performs those operations competently. the line of action falls outside the (2) Training program implementation. causing loss of steering control. If the stability triangle, the truck is not stable load-moment greatly exceeds the (i) The employer shall implement a and may tip over. training program and ensure that only vehicle-moment, the truck will tip B–6.2. Factors that affect the lateral trained drivers who have successfully forward. stability of a vehicle include the completed the training program are B–5.2. In order to determine the placement of the load on the truck, the allowed to operate powered industrial maximum safe load moment, the truck height of the load above the surface on trucks. Exception: Trainees under the manufacturer normally rates the truck at which the vehicle is operating, and the direct supervision of a designated a maximum load at a given distance degree of lean of the vehicle. person shall be allowed to operate a from the front face of the forks. The B–7. Dynamic Stability powered industrial truck provided the specified distance from the front face of operation of the vehicle is conducted in the forks to the line of action of the load B–7.1. Up to this point, we have an area where other employees are not is commonly called a load center. covered stability of a powered industrial near and the operation of the truck is Because larger trucks normally handle truck without consideration of the under controlled conditions. loads that are physically larger, these dynamic forces that result when the (ii) Training shall consist of a vehicles have greater load centers. A vehicle and load are put into motion. combination of classroom instruction The transfer of weight and the resultant truck with a capacity of 30,000 pounds (Lecture, discussion, video tapes, and/or shift in the center of gravity due to the or less capacity is normally rated at a conference) and practical training dynamic forces created when the given load weight at a 24 inch load (demonstrations and practical exercises machine is moving, braking, cornering, center. For trucks of greater than 30,000 by the trainee). lifting, tilting, and lowering loads, etc., pound capacity, the load center is (iii) All training and evaluation shall are important stability considerations. normally rated at 36 or 48 inch load be conducted by a designated person B–7.2. When determining whether a who has the requisite knowledge, center distance. In order to safely load can be safely handled, the operator operate the vehicle, the operator should training and experience to train should exercise extra caution when powered industrial truck operators and always check the data plate and handling loads that cause the vehicle to determine the maximum allowable judge their competency. approach its maximum design (3) Training program content. weight at the rated load center. characteristics. For example, if an Powered industrial truck operator B–5.3. Although the true load moment operator must handle a maximum load, trainees shall be trained in the following distance is measured from the front the load should be carried at the lowest topics unless the employer can wheels, this distance is greater than the position possible, the truck should be demonstrate that some of the topics are distance from the front face of the forks. accelerated slowly and evenly, and the not needed for safe operation. Calculation of the maximum allowable forks should be tilted forward (i) Truck related topics. load moment using the load center cautiously. However, no precise rules (A) All operating instructions, distance always provides a lower load can be formulated to cover all of these warnings and precautions for the types moment than the truck was designed to eventualities. of trucks the operator will be authorized handle. When handling unusual loads, to operate; such as those that are larger than 48 PART 1918ÐSAFETY AND HEALTH (B) Similarities to and differences inches long (the center of gravity is REGULATIONS FOR LONGSHORING from the automobile; greater than 24 inches), with an offset (C) Controls and instrumentation: 7. The authority citation for part 1918 location, what they do and how they center of gravity, etc., then calculation would be revised to read as follows: of a maximum allowable load moment work; should be undertaken and this value Authority: Section 41, Longshore and (D) Power plant operation and Harbor Workers’ Compensation Act (33 used to determine whether a load can be maintenance; U.S.C. 941); secs. 4, 6, 8, Occupational Safety (E) Steering and maneuvering; handled. For example, if an operator is and Health Act of 1970 (29 U.S.C. 653, 655, (F) Visibility (including restrictions operating a 3,000 pound capacity truck 657); Secretary of Labor’s Order No. 12–71 due to loading); (with a 24 inch load center), the (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 (G) Fork and attachment adaption, maximum allowable load moment is FR 35736) or 1–90 (55 FR 9033), as operation and limitations of their 72,000 inch-pounds (3,000 times 24). If applicable. Section 1918.77 also issued under 29 CFR part 1911. utilization; a probable load is 60 inches long (30 (H) Vehicle capacity; inch load center), then the maximum 8. A new § 1918.77 with appendices (I) Vehicle stability; weight that this load can weigh is 2,400 A and B would be added to subpart G (J) Vehicle inspection and pounds (72,000 divided by 30). to read as follows: maintenance; Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13825 (K) Refueling or charging, recharging (i) Each current truck operator who accommodations have been made, the batteries; has received training in any of the employer needs to determine whether (L) Operating limitations; and elements specified in paragraph (a)(3) of the employee can safely perform the job. (M) Any other operating instruction, this section for the types of trucks the A–2. The Method(s) of Training warning or precaution listed in the employee is authorized to operate and operator’s manual for the type vehicle the type workplace that the trucks are A–2.1. Among the many methods of which the employee is being trained to being operated in need not be retrained training are the lecture, conference, operate. in those elements if the employer demonstration, test (written and/or oral) (ii) Workplace related topics. certifies in accordance with paragraph and the practical exercise. In most (A) Surface conditions where the (a)(5)(i) of this section that the operator instances, a combination of these vehicle will be operated; has been evaluated to be competent to methods have been successfully used to (B) Composition of probable loads and perform those duties. train employees in the knowledge, skills load stability; (ii) Each new truck operator who has and abilities that are essential to (C) Load manipulation, stacking, received training in any of the elements perform the job function that the unstacking; specified in paragraph (a)(3) of this employee is being trained to perform. (D) Pedestrian traffic; section for the types of trucks the To enhance the training and to make the (E) Narrow aisles and other restricted employee will be authorized to operate training more understandable to the places of operation; and the type of workplace in which the employee, employers and other trainers (F) Operating in hazardous classified trucks will be operated need not be have used movies, slides, video tapes locations; retrained in those elements before initial and other visual presentations. Making (G) Operating the truck on ramps and assignment in the workplace if the the presentation more understandable other sloped surfaces that could affect employer has written documentation of has several advantages including: the stability of the vehicle; the training and if the employee is (1) The employees being trained (H) Other unique or potentially evaluated pursuant to paragraph (a)(4) remain more attentive during the hazardous environmental conditions of this section to be competent. presentation if graphical presentation that exist or may exist in the workplace; (b) [Reserved] are used, thereby increasing the and effectiveness of the training; (I) Operating the vehicle in closed Appendixes to § 1918.77 (2) The use of visual presentations environments and other areas where Appendix A—Training of Powered allows the trainer to ensure that the insufficient ventilation could cause a Industrial Truck Operators necessary information is covered during buildup of carbon monoxide or diesel the training; exhaust. (Non-mandatory appendix to paragraph (3) The use of graphics makes better (iii) The requirements of this section. (a) of this section) utilization of the training time by (4) Evaluation and refresher or A–1. Operator Selection decreasing the need for the instructor to remedial training. carry on long discussions about the (i) Sufficient evaluation and remedial A–1.1. Prospective operators of instructional material; and training shall be conducted so that the powered industrial trucks should be (4) The use of graphics during employee retains and uses the identified based upon their ability to be instruction provides greater retention by knowledge, skills and ability needed to trained and accommodated to perform the trainees. operate the powered industrial truck job functions that are essential to the safely. operation of a powered industrial truck. A–3. Training Program Content (ii) An evaluation of the performance Determination of the capabilities of a A–3.1. Because each type (make and of each powered industrial truck prospective operator to fulfill the model) powered industrial truck has operator shall be conducted at least demands of the job should be based different operating characteristics, annually by a designated person. upon the tasks that the job demands. limitations and other unique features, (iii) Refresher or remedial training A–1.2. The employer should identify an optimum employee training program shall be provided when there is reason all the aspects of the job that the for powered industrial truck operators to believe that there has been unsafe employee must meet/perform when must be based upon the type vehicles operation, when an accident or a near- doing his or her job. These aspects that the employee will be trained and miss occurs or when an evaluation could include the level at which the authorized to operate. The training must indicates that the operator is not capable employee must see and hear, the also emphasize the features of the of performing the assigned duties. physical demands of the job, and the workplace which will affect the manner (5) Certification. environmental extremes of the job. in which the vehicle must be operated. (i) The employer shall certify that A–1.3. One factor to be considered is Finally, the training must include the each operator has received the training, the ability of the candidate to see and general safety rules applicable to the has been evaluated as required by this hear within reasonably acceptable operation of all powered industrial paragraph, and has demonstrated limits. Included in the vision trucks. competency in the performance of the requirements are the ability to see at A–3.2. Selection of the methods of operator’s duties. The certification shall distance and peripherally. In certain training the operators has been left to include the name of the trainee, the date instances, there also is a requirement for the reasonable determination of the of training, and the signature of the the candidate to discern different colors, employer. Whereas some employees can person performing the training and primarily red, yellow and green. assimilate instructional material while evaluation. A–1.4. The environmental extremes seated in a classroom, other employees (ii) The employer shall retain the that might be demanded of a potential may learn best by observing the conduct current training materials and course powered industrial truck operator of operations (demonstration) and/or by outline or the name and address of the include that ability of the person to having to personally conduct the person who conducted the training if it work in areas of excessive cold or heat. operations (practical exercise). In some was conducted by an outside trainer. A–1.5. After an employee has been instances, an employee can receive (6) Avoidance of Duplicative Training. trained and appropriate valuable instruction through the use of 13826 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules electronic mediums, such as the use of insufficient ventilation could cause a manufacturers’ literature, the national video tapes and movies. In most buildup of carbon monoxide or diesel consensus standards [e.g. the ANSI B56 instances, a combination of the different exhaust. series of standards (current revisions)] training methods may provide the (3) The requirements of this OSHA and this OSHA Standard. Standard. mechanism for providing the best Appendix B—Stability of Powered training in the least amount of time. A–5. Trainee Evaluation Industrial Trucks OSHA has specified at paragraph (a)(2)(ii) of this section that the training A–5.1. The provisions of these (Non-mandatory appendix to paragraph must consist of a combination classroom proposed requirements specify that an (a) of this section) instruction and practical exercise. The employee evaluation be conducted both B–1. Definitions use of both these modes of instruction as part of the training and after To understand the principle of is the only way of assuring that the completion of the training. The initial stability, understanding definitions of trainee has received and comprehended evaluation is useful for many reasons, the following is necessary: the instruction and can utilize the including: (1) the employer can determine what Center of Gravity is that point of an information to safely operate a powered object at which all of the weight of an industrial truck. methods of instruction will produce a proficient truck operator with the object can be considered to be A–4. Initial Training minimum of time and effort; concentrated. Counterweight is the weight that is a A–4.1. The following is an outline of (2) the employer can gain insight into part of the basic structure of a truck that a generalized forklift operator training the previous training that the trainee has is used to offset the weight of a load and program: received; and (1) Characteristics of the powered (3) a determination can be made as to to maximize the resistance of the industrial truck(s) the employee will be whether the trainee will be able to vehicle to tipping over. Fulcrum is the axis of rotation of the allowed to operate: successfully operate a powered truck when it tips over. (a) Similarities to and differences industrial truck. This initial evaluation Grade is the slope of any surface that can be completed by having the from the automobile; is usually measured as the number of (b) Controls and instrumentation: employee fill out a questionnaire, by an feet of rise of fall over a hundred foot location, what they do and how they oral interview, or by a combination of horizontal distance (this measurement is work; these mechanisms. In many cases, (c) Power plant operation and designated as a percent). answers received by the employee can Lateral stability is the resistance of a maintenance; be substantiated by contact with other truck to tipping over sideways. (d) Steering and maneuvering; employees or previous employers. Line of action is a imaginary vertical (e) Visibility; (f) Fork and/or attachment adaption, A–6. Refresher or Remedial Training line through the center of gravity of an operation and limitations of their object. A–6.1. (The type information listed at Load center is the horizontal distance utilization; paragraph A–6.2 of this appendix would (g) Vehicle capacity; from the edge of the load (or the vertical be used when the training is more than face of the forks or other attachment) to (h) Vehicle stability; an on-the-spot correction being made by (i) Vehicle inspection and the line of action through the center of a supervisor or when there have been gravity of the load. maintenance; multiple instances of on-the-spot (j) Refueling or charging, recharging Longitudinal stability is the resistance corrections having to be made.) When of a truck to overturning forward or batteries. an on-the-spot correction is used, the (k) Operating limitations. rearward. person making the correction should (l) Any other operating instruction, Moment is the product of the weight point out the incorrect manner of warning or precaution listed in the of the object times the distance from a operation of the truck or other unsafe operator’s manual for the type vehicle fixed point. In the case of a powered act being conducted, tell the employee which the employee is being trained to industrial truck, the distance is how to do the operation correctly, and operate. measured from the point that the truck (2) The operating environment: then ensure that the employee does the will tip over to the line of action of the (a) Floor surfaces and/or ground operation correctly. object. The distance is always measured conditions where the vehicle will be A–6.2. The following items may be perpendicular to the line of action. operated; used when a more general, structured Track is the distance between wheels (b) Composition of probable loads and retraining program is utilized to train on the same axle of a vehicle. load stability; employees and eliminate unsafe Wheelbase is the distance between the (c) Load manipulation, stacking, operation of the vehicle: centerline of the front and rear wheels unstacking; (1) Common unsafe situations of a vehicle. encountered in the workplace; (d) Pedestrian traffic; B–2. General (e) Narrow aisle and restricted place (2) Unsafe methods of operating operation; observed or known to be used; B–2.1. Stability determination for a (f) Operating in classified hazardous (3) The need for constant powered industrial truck is not locations; attentiveness to the vehicle, the complicated once a few basic principles (g) Operating the truck on ramps and workplace conditions and the manner in are understood. There are many factors other sloped surfaces which would which the vehicle is operated. that influence vehicle stability. Vehicle affect the stability of the vehicle; A–6.3. Details about the above subject wheelbase, track, height and weight (h) Other unique or potentially areas need to be expanded upon so that distribution of the load, and the location hazardous environmental conditions the operator receives all the information of the counterweights of the vehicle (if which exist or may exist in the which is necessary for the safe operation the vehicle is so equipped), all workplace. of the vehicle. Insight into some of the contribute to the stability of the vehicle. (i) Operating the vehicle in closed specifics of the above subject areas may B–2.2. The ‘‘stability triangle’’, used environments and other areas where be obtained from the vehicle in most discussions of stability, is not Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13827 mysterious but is used to demonstrate moment at one end of the device, the B–4. The Stability Triangle truck stability in rather simple fashion. device will try to move downward at the end with the greater moment. B–4.1. Almost all counterbalanced B–3. Basic Principles powered industrial trucks have a three- B–3.1. The determination of whether B–3.2. Longitudinal stability of a point suspension system, that is, the an object is stable is dependent on the counterbalanced powered industrial vehicle is supported at three points. moment of an object at one end of a truck is dependent on the moment of This is true even if it has four wheels. system being greater than, equal to or the vehicle and the moment of the load. The steer axle of most trucks is attached In other words, if the mathematic smaller than the moment of an object at to the truck by means of a pivot pin in product of the load moment (the the other end of that system. This is the the center of the axle. This three-point distance is from the front wheels, the same principle on which a seesaw or support forms a triangle called the point about which the vehicle would tip teeter-totter works, that is, if the product stability triangle when the points are forward) the system is balanced and will of the load and distance from the connected with imaginary lines. Figure fulcrum (moment) is equal to the not tip forward. However, if the load- 1 depicts the stability triangle. moment at the other end of the device, moment is greater than the vehicle- the device is balanced and it will not moment, the greater load-moment will BILLING CODE 4510±26±P move. However, if there is a greater force the truck to tip forward. 13828 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules BILLING CODE 4510±26±C Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13829 B–4.2. When the line of action of the the line of action of the vehicle or the unstable and may tip over. (See Figure vehicle or load-vehicle falls within the vehicle/load combination falls outside 2.) stability triangle, the vehicle is stable the stability triangle, the vehicle is BILLING CODE 4510±26±P and will not tip over. However, when 13830 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules BILLING CODE 4510±26±C Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13831 B–5. Longitudinal Stability determine the maximum allowable within the stability triangle, the truck is weight at the rated load center. stable and will not tip over. However, if B–5.1. The axis of rotation when a B–5.3. Although the true load moment the line of action falls outside the truck tips forward is the point of contact distance is measured from the front stability triangle, the truck is not stable of the front wheels of the vehicle with wheels, this distance is greater than the and may tip over. the pavement. When a powered distance from the front face of the forks. B–6.2. Factors that affect the lateral industrial truck tips forward, it is this Calculation of the maximum allowable stability of a vehicle include the line that the truck will rotate about. load moment using the load center placement of the load on the truck, the When a truck is stable the vehicle- distance always provides a lower load height of the load above the surface on moment must exceed the load-moment. moment than the truck was designed to which the vehicle is operating, and the As long as the vehicle-moment is equal handle. When handling unusual loads, degree of lean of the vehicle. to or exceeds the load-moment, the such as those that are larger than 48 vehicle will not tip over. On the other inches long (the center of gravity is B–7. Dynamic Stability hand, if the load-moment slightly greater than 24 inches), with an offset B–7.1. Up to this point, we have exceeds the vehicle-moment, the truck center of gravity, etc., then calculation covered stability of a powered industrial will begin the tip forward, thereby of a maximum allowable load moment truck without consideration of the causing loss of steering control. If the should be undertaken and this value dynamic forces that result when the load-moment greatly exceeds the used to determine whether a load can be vehicle and load are put into motion. vehicle-moment, the truck will tip handled. For example, if an operator is The transfer of wight and the resultant forward. operating a 3000 pound capacity truck shift in the center of gravity due to the (with a 24 inch load center), the B–5.2. In order to determine the dynamic forces created when the maximum allowable load moment is maximum safe load moment, the truck machine is moving, braking, cornering, 72,000 inch-pounds (3,000 times 24). If manufacturer normally rates the truck at lifting, tilting, and lowering loads, etc., a probable load is 60 inches long (30 are important stability considerations. a maximum load at a given distance inch load center), then the maximum from the front face of the forks. The B–7.2. When determining whether a weight that this load can weigh is 2,400 load can be safely handled, the operator specified distance from the front face of pounds (72,000 divided by 30). the forks to the line of action of the load should exercise extra caution when is commonly called a load center. B–6. Lateral Stability handling loads that cause the vehicle to Because larger trucks normally handle approach its maximum design B–6.1. The lateral stability of a vehicle characteristics. For example, if an loads that are physically larger, these is determined by the position of the line vehicles have greater load centers. A operator must handle a maximum load, of action (a vertical line that passes the load should be carried at the lowest truck with a capacity of 30,000 pounds through the combined center of gravity position possible, the truck should be or less capacity is normally rated at a of the vehicle and the load) relative to accelerated slowly and evenly, and the given load weight at a 24 inch load the stability triangle. When the vehicle forks should be tilted forward center. For trucks of greater than 30,000 is not loaded, the location of the center cautiously. However, no precise rules pound capacity, the load center is of gravity of the truck is the only factor can be formulated to cover all of these normally rated at 36 or 48 inch load to be considered in determining the eventualities. center distance. In order to safely stability of the truck. As long as the line operate the vehicle, the operator should of action of the combined center of [FR Doc. 95–5826 Filed 3–13–95; 8:45 am] always check the data plate and gravity of the vehicle and the load falls BILLING CODE 4510±26±P federal register March 14,1995 Tuesday Final Rule Manufactured HomeInsurancePrograms; Title IPropertyImprovementand Mortgagees; InvestingLendersinthe Approval ofLendingInstitutionsand 24 CFRParts25,201,and202 HousingÐFederal HousingCommissioner Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part III 13833 13834 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations DEPARTMENT OF HOUSING AND of financial institutions, including 4. An investing lender must be URBAN DEVELOPMENT charitable and nonprofit associations responsible for the servicing of the Title and pension funds, to invest in Title I I loans that it holds, through contractual Office of the Assistant Secretary for loans, without the obligation of or other arrangements with another HousingÐFederal Housing maintaining the staff and facilities lender holding a valid Title I contract of Commissioner needed for loan origination and insurance, but it may not directly servicing. service such loans except with the prior 24 CFR Parts 25, 201, and 202 By making greater levels of capital approval of the Secretary. [Docket No. R±95±1769; FR±3847±F±01] available, both the property improvement and manufactured home Conforming and Clarifying RIN 2502±AG43 loan programs will benefit. Increased Amendments capital investment in Title I loans will The Department is also amending Approval of Lending Institutions and help expand the availability of the other sections of parts 25, 201, and 202 Mortgagees; Investing Lenders in the property improvement loan program to to conform them to the changes outlined Title I Property Improvement and all areas of the nation, and will increase above and to clarify the text of the Manufactured Home Insurance its use in carrying out community regulations. The rule includes the Programs revitalization and the rehabilitation of following amendments: AGENCY: Office of the Assistant housing for low- and moderate-income 1. The last sentence of § 25.2 is Secretary for Housing—Federal Housing families. In addition, making more amended to clearly list those violations Commissioner, HUD. funds available for Title I loans will of the Title I lender approval ACTION: Final rule. help make the manufactured home loan requirements in part 202 that are subject program a more competitive financing to redelegation by the Mortgagee Review SUMMARY: This final rule amends the vehicle to enable first-time buyers to Board. regulations that govern the approval of achieve homeownership. 2. In § 25.3, the definition of ‘‘lender’’ lending institutions to participate in the The rule adds a new § 202.2(f), which is amended to more closely conform to property improvement and defines an ‘‘investing lender’’ as a the definition of this term in parts 201 manufactured home loan insurance financial institution, including a and 202. In addition, a definition of programs under Title I, section 2 of the charitable or nonprofit organization or ‘‘loan correspondent’’ is added, and the National Housing Act. The rule creates pension fund, which is approved by the definition of ‘‘mortgagee’’ is revised to a new category of approved lending Secretary to purchase, hold, and sell include Title I lenders and loan institutions, to be known as ‘‘investing loans that have been originated and correspondents, as provided for in lenders,’’ and provides minimum insured under the Title I program. An section 202(c)(7) of the National requirements and criteria for their investing lender may not originate Title Housing Act (12 U.S.C. 1708(c)(7)). approval and operation. In addition, this I loans in its own name, and it may not 3. Section 25.9(cc) is amended to rule makes conforming changes to service such loans except with the prior correct an obsolete reference to the several HUD regulations. approval of the Secretary. section in part 202 that lists the grounds In addition to the general approval EFFECTIVE DATE: April 13, 1995. for an administrative action against a requirements applicable to all Title I FOR FURTHER INFORMATION CONTACT: Title I lender or loan correspondent. lenders, the rule adds a new § 202.7 that 4. In §§ 201.2(o) and 202.2(a), the Karen Garner-Wing, Director, Lender establishes the following additional definition of ‘‘lender’’ is amended to Approval and Recertification Division, requirements for approval as an specify that a Title I lender may be Room 9146, U.S. Department of Housing investing lender: approved for the purpose of holding and Urban Development, 451 Seventh 1. An investing lender must have Title I loans. Street SW., Washington, D.C. 20410. lawful authority to purchase, hold, and 5. Section 202.3(c) is amended to Telephone 202–708–3976, ext. 2024. sell Title I property improvement and clarify that a corporate officer or other Hearing- or speech-impaired individuals manufactured home loans in its own person authorized to bind the lender may call the Office of Housing’s TDD name. Since a Title I loan correspondent shall be responsible for reporting all number, 202–708–4594. (These are not is not authorized to report loans for originations, purchases, and sales of toll-free numbers.) insurance, an investing lender may Title I loans to the Secretary for the SUPPLEMENTARY INFORMATION: purchase loans only from a lender purpose of obtaining or transferring holding a valid Title I contract of Introduction insurance coverage. insurance, and not from a loan 6. In § 202.7, which has been Under Title I, section 2 of the correspondent. redesignated § 202.8, paragraph (c)(3) is National Housing Act (12 U.S.C. 1703), 2. An investing lender must have, or amended to correct an obsolete the Department insures approved have made arrangements for, funds reference to the Title I lender approval lending institutions against losses sufficient to support a projected requirements. sustained as a result of borrower investment of at least $1,000,000 in 7. In § 202.8 (redesignated § 202.9), defaults on property improvement loans property improvement and the introductory text to paragraph (a) is and manufactured home loans. The manufactured home loans. For example, amended to clarify that, for purposes of regulations governing the approval of the investing lender may have a that section, the term ‘‘lender’’ also lending institutions to participate in the warehouse line of credit or other includes loan correspondents. In Title I property improvement and funding program that would meet this addition, paragraph (b)(8) is amended to manufactured home loan insurance requirement. change an obsolete reference to the programs are found in 24 CFR part 202. 3. In lieu of the staffing and facilities Under Secretary and to correct a This final rule amends part 202 to requirements in § 202.3(b), an investing typographical error. create a new category of approved lender must have officers or employees lending institutions, to be known as who are capable of managing its Justification for Final Rulemaking ‘‘investing lenders.’’ This change will activities in purchasing, holding, and The requirements for approval as an provide opportunities for a wider range selling Title I loans. investing lender in §§ 202.2(f) and 202.7 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13835 are based upon § 202.16, which contains Regulatory Flexibility Act 14.162 Mortgage Insurance— the approval requirements for an Combination and Manufactured Home The Secretary, in accordance with the investing mortgagee in HUD’s mortgage Lot Loans. Regulatory Flexibility Act (5 U.S.C. insurance programs. Section 202.16 had 605(b)) has reviewed and approved this List of Subjects its genesis in an interim rule published final rule, and in so doing certifies that 24 CFR Part 25 in the Federal Register on July 30, 1980 this final rule would not have a (45 FR 50561). One of the provisions significant economic impact on a Administrative practice and added by the interim rule was § 203.6 to substantial number of small entities. procedure, Loan programs—housing create a new class of investing The majority of institutions that would and community development, mortgagees. Although the Department participate in the Title I program as Organization and functions solicited public comments, it received investing lenders are large financial (Government agencies). no comments with regard to § 203.6. institutions and pension funds. 24 CFR Part 201 In 1991, the Department published a Executive Order 12612, Federalism Health facilities, Historic proposed rule that would revise the preservation, Home improvement, Loan The General Counsel, as the mortgagee approval regulations and programs—housing and community Designated Official under section 6(a) of move them from part 203 to part 202 development, Manufactured homes, Executive Order 12612, Federalism, has (see 56 FR 29100, June 25, 1991). In this Mortgage insurance, Reporting and determined that this rule will not have proposed rule, the section on investing recordkeeping requirements. mortgagees would be redesignated as substantial direct effects on States or § 202.16 and would incorporate the their political subdivisions, or the 24 CFR Part 202 existing requirements for investing relationship between the Federal Administrative practice and mortgagees found in § 203.6, except that government and the States, or on the procedure, Home improvement, trusts would no longer be eligible to be distribution of power and Manufactured homes, Mortgage approved as mortgagees. None of the responsibilities among the various insurance, Reporting and recordkeeping public comments received on the June levels of government. Specifically, the requirements. 25, 1991 proposed rule addressed the requirements of this rule relate solely to Accordingly, 24 CFR parts 25, 201, the approval of lending institutions, and provisions of § 202.16, and the proposed and 202 are amended as follows: will not impinge upon the relationship rule was published in the Federal between the Federal government and Register essentially without change in a PART 25ÐMORTGAGEE REVIEW State and local governments. As a result, BOARD final rule on December 9, 1992 (57 FR the rule is not subject to review under 58326). the Order. 1. The authority citation for 24 CFR As previously stated, creation of a part 25 continues to read as follows: Executive Order 12606, The Family new category of investing lender will Authority: 12 U.S.C. 1715b; 42 U.S.C. provide opportunities for a wider range The General Counsel, as the 3535(d). of financial institutions, including Designated Official under section 6(a) of 2. Section 25.2 is amended by revising charitable and nonprofit associations Executive Order 12606, The Family, has the last sentence to read as follows: and pension funds, to invest in Title I determined that this rule will not have loans and make greater levels of capital potential for significant impact on § 25.2 Establishment of Board. available to these programs. Considering family formation, maintenance, or ** * With respect to actions taken the past experience with the investing general well-being, and thus, is not against Title I lenders and loan mortgagee provision, the Department subject to review under the Order. The correspondents, the Mortgagee Review believes that publishing a proposed rule rule relates solely to the approval of Board may redelegate its authority to and requesting public comments on lending institutions. No significant take administrative actions for failure to these regulatory changes would be changes in existing HUD policies or remain in compliance with the unnecessary. Therefore, the Department programs will result from promulgation requirements for approval in 24 CFR finds good cause to omit prior public of this rule. 202.3(j), 202.4(a), 202.5 (a) and (c), and procedure, and promulgates these 202.6 (a) and (e). Regulatory Agenda 3. Section 25.3 is amended by revising changes as a final rule. This rule was not listed in the the definitions of ‘‘Lender’’ and Findings and Other Matters Department’s Semiannual Agenda of ‘‘Mortgagee’’, and by adding a definition Regulations published November 14, of ‘‘Loan correspondent’’ in alphabetical Environmental Impact 1994 (59 FR 57632) under Executive order, to read as follows: Under HUD’s regulations Order 12291 and the Regulatory § 25.3 Definitions. Flexibility Act. implementing the National * * * * * Environmental Policy Act at 24 CFR Catalog of Federal Domestic Assistance Lender. A financial institution that 50.20(k), this rule is exempt from the holds a valid Title I contract of The Catalog of Federal Domestic requirements of an environmental insurance and is approved by the Assistance program numbers are: finding. The rule relates solely to Secretary under 24 CFR part 202 to internal administrative procedures that 14.110 Manufactured Home Loan originate, purchase, hold, service, and/ do not involve a development decision Insurance—Financing Purchase of or sell loans insured under 24 CFR part or affect the physical condition of Manufactured Homes as Principal 201. In matters involving the imposition project areas or building sites, but only Residences of Borrowers; of civil money penalties, the term relate to criteria and requirements for 14.142 Property Improvement Loan ‘‘lender’’ also includes a financial the approval of lending institutions to Insurance for Improving All Existing institution that holds a Title I contract participate in HUD loan insurance Structures and Building of New of insurance that has been terminated, programs. Nonresidential Structures; and but that remains responsible for 13836 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations servicing or selling Title I loans that it purposes of loan origination under requirements to qualify as an investing holds and is authorized to file insurance subparts A, B, and C of this part, the lender: claims on such loans. term ‘‘lender’’ also includes a ‘‘loan (a) An investing lender shall have * * * * * correspondent’’ as defined in paragraph lawful authority to purchase, hold, and Loan correspondent. A financial (q) of this section. sell Title I property improvement and institution approved by the Secretary to * * * * * manufactured home loans in its own originate direct loans under Title I, name. section 2 of the National Housing Act, PART 202ÐAPPROVAL OF LENDING (b) An investing lender shall have, or 12 U.S.C. 1703, for sale or transfer to a INSTITUTIONS AND MORTGAGEES have made arrangements for, funds sponsoring lending institution that sufficient to support a projected 7. The authority citation for 24 CFR holds a valid Title I contract of investment of at least $1,000,000 in part 202 continues to read as follows: insurance and that is not under property improvement and suspension. Authority: 12 U.S.C. 1703, 1709, and manufactured home loans. Mortgagee. For purposes of this 1715b; 42 U.S.C. 3535(d). (c) In lieu of the staffing and facilities regulation, the term ‘‘mortgagee’’ 8. Section 202.2 is amended by requirements in § 202.3(b), an investing includes: revising paragraph (a) and by adding a lender shall have officers or employees (1) The original lender under the new paragraph (f) to read as follows: who are capable of managing its mortgage, as that term is defined at activities in purchasing, holding, and sections 201(a) and 207(a)(1) of the § 202.2 Definitions. selling Title I loans. National Housing Act, 12 U.S.C. 1707(a) * * * * * (d) An investing lender shall be and 1713(a)(1); (a) Lender means a financial responsible for the servicing of the Title (2) A lender or loan correspondent as institution that: I loans that it holds, through contractual defined in this section; or (1) Holds a valid Title I contract of or other arrangements with another (3) A branch office or subsidiary of insurance and is approved by the lender holding a valid Title I contract of the mortgagee, lender, or loan Secretary under this part to originate, insurance, but it may not directly correspondent. The term ‘‘mortgagee’’ purchase, hold, service, and/or sell service such loans except with the prior also includes successors and assigns of loans insured under 24 CFR part 201; or approval of the Secretary. the mortgagee, lender, or loan (2) Is under suspension or holds a 11. Newly designated § 202.8 is correspondent, as are approved by the Title I contract of insurance that has amended by revising paragraph (c)(3) to Commissioner. been terminated, but that remains read as follows: * * * * * responsible for servicing or selling Title 4. Section 25.9 is amended by revising I loans that it holds and is authorized to § 202.8 Termination of insurance contract. paragraph (cc) to read as follows: file insurance claims on such loans. * * * * * (c) * * * § 25.9 Grounds for an administrative * * * * * action. (f) Investing lender means a financial (3) A lender’s right to apply for and be granted a new Title I contract of * * * * * institution, including a charitable or insurance, provided that the (cc) Violation by a Title I lender or nonprofit organization or pension fund, requirements for approval under this loan correspondent of any of the that is approved under this part to subpart are met. applicable provisions of this section or purchase, hold, and sell loans that have of 24 CFR 202.9(b). been originated and insured under 24 12. Newly designated § 202.9 is amended by revising the paragraph (a) * * * * * CFR part 201. An investing lender may not originate Title I loans in its own introductory text and paragraph (b)(8) to PART 201ÐTITLE I PROPERTY name, and it may not service such loans read as follows: IMPROVEMENT AND MANUFACTURED except with the prior approval of the § 202.9 Administrative actions. Secretary. HOME LOANS (a) General. Administrative actions 9. Section 202.3 is amended by that may be taken against Title I lenders 5. The authority citation for 24 CFR revising paragraph (c) to read as follows: part 201 continues to read as follows: are set forth in 24 CFR 25.5 and § 202.3 General approval requirements. paragraph (a) of this section. Civil Authority: 12 U.S.C. 1703; 42 U.S.C. 3535(d). * * * * * money penalties may also be imposed (c) It shall ensure that a corporate against Title I lenders in accordance 6. Section 201.2 is amended by with 24 CFR 25.13 and 24 CFR part 30. revising paragraph (o) to read as follows: officer or other person authorized to bind the lender shall be responsible for For purposes of this section, the term § 201.2 Definitions. reporting all originations, purchases, ‘‘lender’’ shall also include loan correspondents as defined in § 202.2(b) * * * * * and sales of Title I loans to the Secretary (o) Lender means a financial for the purpose of obtaining or of this subpart. institution that: transferring insurance coverage. * * * * * (1) Holds a valid Title I contract of * * * * * (b) * * * insurance and is approved by the 10. Part 202 is amended by (8) Such other reason as the Secretary under 24 CFR part 202 to redesignating §§ 202.7 and 202.8 as Mortgagee Review Board, Secretary, originate, purchase, hold, service, and/ §§ 202.8 and 202.9, respectively, and by Deputy Secretary, or Hearing Officer, as or sell loans insured under this part; or adding a new § 202.7 to read as follows: appropriate, determines to be justified. (2) Is under suspension or holds a Such reasons include, but are not Title I contract of insurance that has § 202.7 Requirements for investing limited to, failure to exercise prudent been terminated, but that remains lenders. credit judgment; failure to observe responsible for servicing or selling Title In addition to the general approval proper business practices; failure to I loans that it holds and is authorized to requirements in § 202.3, a financial observe proper loan origination or file insurance claims on such loans. For institution shall meet the following servicing procedures; or failure to Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13837 comply with HUD requirements or other requirements of law or regulation. * * * * * Dated: February 8, 1995. Nicolas P. Retsinas, Assistant Secretary for Housing Federal Housing Commissioner. [FR Doc. 95–6158 Filed 3–13–95; 8:45 am] BILLING CODE 4210±27±P federal register March 14,1995 Tuesday Proposed Rule Significant FacilitiesandServices; Housing forOlderPersons;Defining 24 CFRPart100 Housing andEqualOpportunity Office oftheAssistantSecretaryforFair Development Housing andUrban Department of Part IV 13839 13840 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: and Community Development Act of URBAN DEVELOPMENT I. Background 1992. Customarily proposed rules provide for a 60-day public comment Office of the Assistant Secretary for A. The Significant Facilities and period. However, in order to ensure Fair Housing and Equal Opportunity Services Requirement broad public input into the rulemaking process, the Department granted a 90- 24 CFR Part 100 The Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended by day comment period. As the October 5, the Fair Housing Amendments Act of 1994 public comment deadline [Docket No. R±95±1706; FR±3502±P±06] 1988, 42 U.S.C. 3601–19) (the Act) approached it became clear to the exempts ‘‘housing for older persons’’ Department that there was significant RIN: 2529±AA66 from the prohibitions against public interest in the proposed rule. On discrimination because of familial September 26, 1994 (59 FR 49035), the Housing for Older Persons; Defining status. Specifically, section 807(b)(2)(C) Department extended the comment Significant Facilities and Services; of the Act exempts housing intended period to November 30, 1994. Proposed Amendments and operated for occupancy by at least The Department also scheduled one person 55 years of age or older per public meetings to hear from those AGENCY: Office of the Secretary for Fair unit that satisfies certain criteria. The affected by the proposed rule. Five such Housing and Equal Opportunity, HUD. purpose of the prohibition against meetings were held across the country: ACTION: Proposed rule. discrimination on the basis of familial Fontana, California on August 15, 1994; status and the ‘‘housing for older Tampa, Florida on August 25, 1994; SUMMARY: This proposed rule would persons’’ exemption is to protect Phoenix, Arizona on September 29, implement section 919 of the Housing families with children from 1994; Washington, DC on October 6, and Community Development Act of discrimination in housing without 1994 and; Spokane, Washington on 1992. Section 919 requires the Secretary unfairly limiting housing choices for November 17, 1994. Transcribed records of HUD to issue ‘‘rules defining what are elderly persons (see 134 Cong. Rec. S of these meetings were prepared and ‘significant facilities and services 19722 (Aug. 1, 1988) statement of made part of the public comment especially designed to meet the physical Senator Karnes). docket. or social needs of older persons’ The Department has implemented the The July 7, 1994 proposed rule was of required under section 807(b)(2) of the housing for older persons exemption at great interest to many seniors. By close Fair Housing Act to meet the definition 24 CFR part 100, subpart E. Congress of business on November 30, 1994, of the term ‘housing for older persons’ mandated that, in determining whether 15,219 comments had been received. in such section.’’ This proposed rule housing qualifies as housing for persons Based on the written comments received would amend HUD’s regulations 55 years of age or older, the Secretary on the proposed rule, and the comments governing ‘‘housing for older persons’’, develop regulations which require at received at the five public meetings, the to provide the definitions required by least the following factors: Department decided to make significant section 919. (1) The existence of significant changes to the July 7, 1994 proposed rule. DATES: Comments due date: May 15, facilities and services specifically 1995. designed to meet the physical or social On December 12, 1994 (59 FR 64104), needs of older persons, or if the the Department published a notice in ADDRESSES: Interested persons are provision of such facilities is not the Federal Register announcing it invited to submit comments regarding practicable, that such housing is would not proceed to final rulemaking this proposed rule to the Office of the necessary to provide important housing on the July 7, 1994 proposed rule. General Counsel, Rules Docket Clerk, opportunities for older persons; and Instead, as a result of the significant Room 10276, Department of Housing (2) that at least 80 percent of the units changes to the July 7, 1994 rule, the and Urban Development, 451 Seventh are occupied by at least one person 55 Department is issuing this new Street, SW., Washington, DC 20410– years of age or older per unit; and proposed rule, which addresses the 0500. Communications should refer to (3) the publication of, and adherence issues raised by the commenters and the above docket number and title and to, policies and procedures which solicits additional public comment. to the specific sections in the regulation. demonstrate an intent by the owner or Facsimile (FAX) comments are not II. Overview of Proposed Rule manager to provide housing for persons acceptable. A copy of each 55 years of age or older. Like the July 7, 1994 rule, this communication submitted will be Section 919 of the Housing and proposed rule would implement the available for public inspection and Community Development Act of 1992 rulemaking required by section 919 of copying during regular business hours (Pub. L. 102–550, approved October 28, the Housing and Community at the above address. 1992), requires the Secretary of HUD to Development Act of 1992. Specifically, FOR FURTHER INFORMATION CONTACT: Sara issue a rule further defining what are this proposed rule would revise the 55- K. Pratt, Office of Investigations, Office ‘‘significant facilities and services or-over housing currently set forth in of Fair Housing and Equal Opportunity, especially designed to meet the physical § 100.304(b)(1). A new § 100.305 would Room 5204, U.S. Department of Housing or social needs of older persons’’ be added and would address the and Urban Development, 451 Seventh required under section 807(b)(2) of the standards housing providers must meet Street, SW., Washington, DC 20410– Fair Housing Act to meet the definition in order to qualify as 55-or-over 0500, telephone (202) 708–0836. of the term ‘‘housing for older persons.’’ housing. A new § 100.306 would be Hearing or speech-impaired individuals added and would address the may call HUD’s TDD number (202) 708– B. The July 7, 1994 Proposed Rule requirement for ‘‘significant facilities 0113, or 1–800–877–8399 (Federal On July 7, 1994 (59 FR 34902) the and services specifically designed to Information Relay Service TDD). (Other Department published for public meet the physical or social needs of than the ‘‘800’’ number, these are not comment a proposed rule intended to toll-free numbers.) implement section 919 of the Housing Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13841 older persons.’’ 1 A new § 100.307 Once a community has met the apart as housing intended for and would be added and would set forth the requirements of proposed § 100.306, a operated as housing for older persons. standards for housing providers new § 100.307 would permit the Without such evidence, the familial choosing to self-certify their compliance community to self-certify that it status prohibitions of the Act will apply. with the Act’s requirements. In addition qualifies under the Act. Absent However, absent evidence to the to adding these three sections, the evidence to the contrary, the contrary, the Department will assume substance of existing § 100.304(b)(2) Department will assume that those that communities which have chosen to would be amended and located in new communities which have chosen to self- self-certify under proposed § 100.307 § 100.310. Existing subsection certify are in compliance with the Act’s are in compliance with the Act’s § 100.304(e) would be deleted and requirements. requirements. existing subsections §§ 100.304(c)(1) However, the Department does not and 100.304(d) would be amended and wish to provide certainty in complying III. Proposed Amendments provide the substance of new § 100.315. with the requirements of the Act at the New § 100.305—Criteria Existing subsection § 100.304(c)(2) expense of flexibility. The Department New § 100.305 proposes to establish would be amended and redesignated as has concluded that a flexible standard is the criteria by which a community will new § 100.316. necessary in order to reflect regional The Department recognizes that the variations in services and facilities that be determined to qualify under the majority of seniors are healthy and lead distinguish housing for older persons ‘‘housing for older persons’’ exemption active and independent lives. In from other similar housing, as well as to the Act’s requirements. developing this proposed regulation, the variations determined by the geography New § 100.306—Significant Facilities Department has rejected the assumption of the site or by the differences in the and Services Specifically Designed for that all residents of senior housing are nature or cost of the housing in Older Persons frail or disabled. This proposed rule question. The Department believes that does not require that a facility or service the ‘‘menu’’ set forth in proposed New § 100.306 proposes to set forth be accessible to the disabled in order to § 100.306 is sufficiently broad to the standards by which to ascertain be classified as ‘‘significant’’ or accommodate regional differences in the whether a facility or service is ‘‘specifically designed to meet the need for facilities and services. ‘‘significant’’ or is ‘‘specifically physical or social needs of older In addition, the Department designed to meet the physical or social persons.’’ Neither does this proposed recognizes that housing for older needs of older persons.’’ New § 100.306 regulation require that a housing persons is not limited to the affluent. sets forth a ‘‘menu’’ of facilities and provider furnish congregate dining Therefore, § 100.306’s menu includes services a housing provider may choose areas, nursing services, or expensive many facilities and services which are to furnish. A housing provider which and unwanted facilities to qualify for not costly and may be provided by provides ten items from the menu (two the housing for older persons volunteers. Furthermore, the proposed items from five of the menu categories), exemption. rule allows facilities and services to be is deemed to be in compliance with the In developing this proposed provided away from the housing Act’s requirements. regulation, the Department desires to premises, so long as there is sufficient New § 100.307—Self Certification provide as much certainty as possible transportation to ensure that the off- regarding the determination that premise facility or service is truly New § 100.307 sets forth the housing qualifies as housing for older accessible to the community residents. requirements for those communities persons. It has sought to structure the As is the case with other exemptions which choose to self-certify their regulations to allow both housing to civil rights statutes and other compliance with the Act. Absent providers and protected classes alike to exemptions under the Act, the burden of evidence to the contrary, the ascertain with confidence whether a demonstrating that the ‘‘older persons’’ Department will assume that a community qualifies under the Act. exemption applies rests on the party community that has elected to self- Proposed § 100.306 sets forth a asserting the exemption. Part of that certify qualifies as 55-or-over housing. diverse ‘‘menu’’ of facilities and services party’s burden in establishing New § 100.310—Impracticability which a community may choose to qualification for the exemption requires provide. The facilities and services are affirmatively demonstrating through Existing § 100.304(b)(2), which would listed under twelve broad categories credible and objective evidence that the be redesignated as new § 100.310, (e.g. Social Needs, Leisure Needs, requirements for the exemption exist as would be revised by adding the Educational Needs). In order to qualify of the date of an alleged violation of the following language as the introductory as 55-or-over housing, the community Act. The Department believes that the text to the current provisions contained must provide at least two facilities or Act imposes a strict burden upon a in paragraph (b)(2): services from five of the categories, for person claiming the exemption to The provisions regarding familial status in a total of at least ten facilities or provide credible and objective evidence this part shall not apply to housing intended services. Both facilities and services showing that the facilities and services and operated for occupancy by at least one must be provided. offered by the housing provider were person 55 years of age or older per unit, designed, constructed or adapted to provided that the person or entity affirmatively proves through credible and 1 meet the particularized needs of older The language of section 919 contains the word objective evidence that the housing satisfies ‘‘especially’’: ‘‘* * * rules defining what are persons. In order to be considered as the requirements of §§ 100.305, 100.306, ‘significant facilities and services especially sufficient to qualify a housing facility designed to meet the physical or social needs of 100.315 and 100.316 or 100.310, 100.315 and older persons’ required under section 807(b)(2) of for the exemption, the evidence must 100.316. Housing satisfies the requirements the Fair Housing Act to meet the definition of the show that the housing in question is of § 100.310 if * * * term ‘housing for older person’ in such section.’’ clearly distinguished from the bulk of (emphasis added) This proposed rule uses the word other housing (except for other older New § 100.315—80 percent occupancy ‘‘specifically’’ rather than the word ‘‘especially’’ to comply with congressional intent and reflect the persons housing) in a particular area, by Existing § 100.304(e) would be actual language of section 807(b)(2) of the Fair the existence of those facilities and deleted and existing §§ 100.304(c)(1) Housing Act. services which set the housing facility and 100.304(d) would be combined as 13842 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules new § 100.315. The following language Regulatory Planning and Review, issued F. Regulatory Agenda would be added to the new § 100.315: by the President on September 30, 1993. This proposed rule was listed as The provisions regarding familial status in Any changes made in this proposed rule sequence 1860 in the Department’s this part shall not apply to housing intended as a result of that review are clearly Semiannual Regulatory Agenda, and operated for occupancy by at least one identified in the docket file, which is published on November 14, 1994 (59 FR person 55 years of age or older per unit, available for public inspection in the 57632, 57637) under Executive Order provided that the person or entity office of the Department’s Rules Docket 12866 and the Regulatory Flexibility affirmatively proves through credible and Clerk, Room 10276, 451 Seventh Street, Act. objective evidence that the housing satisfies SW., Washington, DC 20410–0500. the requirements of §§ 100.305, 100.306, List of Subjects in 24 CFR Part 100 100.315 and 100.316 or 100.310, 100.315 and C. Impact on Small Entities 100.316. Housing satisfies the requirements Aged, Fair housing, Individuals with of this § 100.315 if * * * The Secretary, in accordance with the disabilities, Mortgages, Reporting and Regulatory Flexibility Act (5 U.S.C. recordkeeping requirements. Additionally, there is also new 605(b)), has reviewed this proposed rule language further describing how a Accordingly, 24 CFR part 100, subpart before publication and, by approving it, E, would be amended as follows: housing provider may meet the 55-or- certifies that the proposed rule will not over exemption if it does not have 80 have a significant impact on a PART 100ÐDISCRIMINATORY percent of its units occupied by at least substantial number of small entities. CONDUCT UNDER THE FAIR HOUSING one person who is 55 and older. The proposed rule would implement ACT New § 100.316—Intent to Provide section 919 of the Housing and Housing for Older Persons Community Development Act of 1992, 1. The authority citation for part 100 be revised to read as follows: Existing § 100.304(c)(2), which would which requires the Secretary of HUD to be redesignated as new § 100.316, further define the term ‘‘significant Authority: 42 U.S.C. 3535(d) and 3600– 3620. would be revised by adding the facilities and services specifically following language as the introductory designed to meet the physical or social text to new § 100.316: needs of older persons.’’ The Subpart EÐHousing for Older Persons Department anticipates that the The provisions regarding familial status in proposed rule will have an impact on 2. In subpart E, § 100.304 would be this part shall not apply to housing intended some small housing providers. revised, and new §§ 100.305, 100.306, and operated for occupancy by at least one However, the number of small housing 100.307, 100.310, 100.315 and 100.316 person 55 years of age or older per unit, would be added, to read as follows: provided that the person or entity providers affected is not considered to affirmatively proves through credible and be so great as to constitute a significant § 100.304 55 or over housing. objective evidence that the housing satisfies economic impact on a substantial (a) The provisions regarding familial the requirements of §§ 100.305, 100.306, number of small entities. status in this part shall not apply to 100.315 and 100.316 or 100.310, 100.315 and 100.316. Housing satisfies the requirements D. Executive Order 12606, the Family housing intended and operated for of § 100.316 if * * * occupancy by at least one person 55 The General Counsel, as the years of age or older per unit, provided With respect to the use of age Designated Official under Executive that, at the time of an alleged violation verification procedures, while the Order 12606, The Family, has of the Act, the housing satisfies the Department does not require the use of determined that this proposed rule does requirements of: any particular type of age verification, not have potential for significant impact (1) Sections 100.304, 100.305, nor does it require the use of age on family-formation, maintenance, and 100.306, 100.315 and 100.316; or verification procedures at all, if such general well-being, and, thus is not (2) Sections 100.310, 100.315 and procedures are utilized, they must be subject to review under the Order. 100.316. reliable and consistently utilized. E. Executive Order 12612, Federalism (b) With reference to complaints filed IV. Other Matters pursuant to the Act, this means that the The General Counsel, as the person or entity claiming the exemption A. Environmental Impact Designated Official under section 6(a) of must affirmatively prove by a A Finding of No Significant Impact Executive Order 12612, Federalism, has preponderance of evidence as of the with respect to the environment has determined that this proposed rule date of the alleged violation of the Act been made in accordance with HUD would not have substantial, direct that the housing meets the requirements regulations at 24 CFR part 50, which effects on States, on their political of paragraph (a) of this section. implements section 102(2)(C) of the subdivisions, or on their relationship (c) For purposes of this part, ‘‘older National Environmental Policy Act of with the Federal government, or on the persons’’ means persons 55 years of age 1969 (NEPA). This Finding of No distribution of power and or older. Significant Impact is available for public responsibilities among the various (d) For purposes of this part, ‘‘housing inspection between 7:30 a.m. and 5:30 levels of government. The Fair Housing provider’’ means: p.m. weekdays in the Office of the Rules Act, and section 919 of the Housing and (1) The owner or manager of a Docket Clerk, Office of the General Community Development Act of 1992 housing facility; or Counsel, Department of Housing and direct HUD to provide further guidance (2) The owner or manager of the Urban Development, Room 10276, 451 on the meaning of significant facilities common and public use areas of a Seventh Street, SW., Washington, DC and services so that States, local housing facility, where the dwelling 20410–0500. governments, and housing providers units are individually owned. will have a better understanding of what (3) The term ‘‘housing provider’’ may B. Executive Order 12866 housing is exempt from the Fair include any person or entity which This proposed rule was reviewed by Housing Act’s prohibition against operates a housing facility, including the Office of Management and Budget discrimination on the basis of familial but not limited to homeowner’s (OMB) under Executive Order 12866 on status. associations or resident associations. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13843 (e) For purposes of this part, criteria found in paragraph (f) of this —free cable TV programs information to ‘‘occupied by’’ means one or more section. residents internal or external support persons over the age of 55 actually groups for residents (c) A housing provider provides —seminars on the aging process, estate occupying a unit at the time of an significant facilities and services if it alleged violation of the Act and for at planning, dealing with death or other makes available, directly or indirectly, issues affecting older persons least 60 days in the preceding 365 day at least 2 facilities or services of the —on-site legal services period. facilities described in paragraph (d) of —informational sessions on fire safety, (f) With reference to self-certifications this section, in paragraph (d)(10) of this mental health issues, political and of compliance with the provisions of section (category 10) or in paragraph environmental issues this part, the housing provider claiming (d)(11) of this section (category 11). —seminars on governmental benefits the exemption for 55 and older housing programs (d) Facilities and services which may may demonstrate publicly, by the be considered for purposes of qualifying # posting of one of the notices described (4) Category 4 (Physical Needs) for the 55 and older housing exemption in § 100.307, compliance with the Homemaker services are the following: provisions of this part. —employees assist with housework or (1) Category #1 (Social Needs) yardwork § 100.305 Criteria. —organized committee of residents to (a) The provisions regarding familial Social and Recreational Services provided on a regular, organized basis perform light household tasks or yard work status in this part shall not apply to for those who cannot do them themselves housing intended and operated for —softball, golf, shuffleboard tournaments, or —referrals to housecleaning services occupancy by at least one person 55 similar team activity —bill-paying services years of age or older per unit, pursuant —bridge club, card games, chess, checkers —pet care/pet therapy services —exercise classes—low-impact, stretching, to this part. ´ —minor home repair service tai-chi, swim-therapy —tool loan service (b) The housing shall have significant —bingo facilities and services specifically —fellowship meetings (5) Category #5 (Safety Needs) designed to meet the physical or social —musical theater group needs of older persons as described in —dances, square dancing, polka, ballroom Outside maintenance/health and safety § 100.306. dancing services (c) At least 80 percent of the units in —monthly or weekly potluck dinners, —on-staff medical personnel with first aid/ the housing shall be occupied by at least breakfasts, luncheons, coffees CPR training one person who is at least 55 years of —coordinated holiday parties for residents —on-staff repair, maintenance and painting —Lions club, clubs or classes for sewing, services age or older as described in § 100.315. needlepoint, art, gardening, music, books, (d) The housing provider shall —meals on wheels golf, bowling, photography, travel, etc. —lawn care and grass cutting, shrubbery and publish and adhere to policies and —cooking classes tree trimming procedures which demonstrate an intent —crafts classes: ceramics, macrame, —snow shoveling and plowing by the housing provider to provide woodworking, jewelry, quilting, painting —referrals to doctors or other health care housing for older persons as described —field trips—bowling, sightseeing, concerts, professionals in § 100.316. The publication of policies plays, hiking, shopping outlets —regular system to contact residents who are and procedures describing an intent to —fashion shows house-bound to make sure they are o.k. provide housing as ‘‘adult housing’’ —on-site movies or other theatrical events —referrals for transportation shall not suffice for this purpose. —liaison/coordination with activities at —referrals to income tax preparer community-wide senior centers and —referrals to repair and maintenance § 100.306 Significant facilities and activities services services specifically designed for older —emergency meal service for residents who —security guards/patrols, organizing persons. are ill or in need neighborhood or block watch —organized travel opportunities (a) The provisions regarding familial —organizing committee of residents to do status in this part shall not apply to (2) Category #2 (Educational Needs) household repairs and yard work for those housing intended and operated for who cannot do them themselves Continuing education activities —exterior lighting—alarm systems occupancy by at least one person 55 monitoring years of age or older per unit, provided —at least monthly presentations on subjects such as health care, nutrition, stress —vacation house watch that the person or entity asserting the management, medicare, insurance, social —limited access to property by controlled exemption affirmatively demonstrates security, tax preparation, vacation access gate or similar system through credible and objective evidence planning, gardening, crime prevention (6) Category #6 (Health Needs) that facilities and services specifically —consumer protection education designed to meet the needs of older —regularly offered CPR classes Emergency and preventative health care persons are ‘‘significant’’. Significant —regularly offered language study classes programs facilities and services which are —regularly offered videotapes on health care —meetings about nutrition, back care, breast specifically designed for older persons —courses available at local educational cancer/self-examination/mammogram, are those which actually or predictably institutions prostate cancer screening, vision care, or benefit the health, safety, social, (3) Category #3 (Educational Needs) other health care topics (see continuing educational or leisure needs of older education) Information and counseling services persons. —monthly blood pressure checks (b) The facilities and services —providing new residents with package of —annual flu vaccine shots available provided by a housing provider are information about local services of interest —periodic vision or hearing tests to seniors —staff or volunteers pick up food from social significant and specifically designed to —bulletin board for exchange of information services for mobility impaired seniors meet the housing needs of older persons or services —organizing committees of residents to do when the housing provider meets the —printed resident directory provided to each errands for people who become ill and/or criteria found in paragraphs (c), (d), and resident to stay with sick persons while their (e) of this section and complies with the —bus schedules spouses do errands 13844 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules —emergency telephone network, staff or —kiln capacity of each facility or service volunteers monitor people who have —fishing pond specifically designed to meet the serious medical problems (11) Category #11 (Health/Safety Needs) physical or social needs of older persons —doctor/medical facilities located within depends upon but is not limited to such two miles of facility Accessible physical environment —health care equipment pool for resident use factors as: —accessible clubhouse (i) The size of the facility in (7) Category #7 (Social/Health Needs) —at least one accessible bathroom facility in relationship to the scope of the service public and common use areas Congregate dining offered; —ramps (curbs or drainage ditches are cut to (ii) The length of time during which —available congregate dining for at least one allow wheelchair/walker access) the facility or service is made available meal each day —ramped sidewalks in public and common —sit-down service use areas; stairs at a minimum or the service is offered; —special menus for dietary needs —benches in public and common use areas (iii) The frequency with which the —activities conducted in conjunction with —assigned and designated parking spaces, facility or service is made available or congregate dining including handicapped parking the service is offered; and (iv) Whether the facility or service is (8) Category #8 (Transportation) —accessible swimming pool (i.e., ramped entrance to pool area) offered only at one location or there are Transportation to facilitate access to social —accessible management office a number of locations at which the services —accessible dining area or activity area facility is made available or at which the —transportation provided to doctors’ offices, —vans, buses available with wheelchair lifts service is offered. shopping, religious services, outside social or easy access for persons with mobility (2) The extent to which the facility or or recreational activities difficulties —lift to assist in swimming pool use service will be of benefit to older —public bus stop or train station within persons, given the climate and physical walking distance (12) Category #12 (Social, Leisure, setting of the housing facility. —organized system to provide transportation Health, Safety or Educational Needs) for residents who cannot drive (3) The extent to which the facility or —sign-up board for shared transportation Other service is actually usable by and regularly available to residents on a day- needs —Any facility or service which is not listed —shared ride services to social events, above but which is designed to meet the to-day basis. functions, medical care, shopping health, safety, social or leisure needs of § 100.307 Self-Certification. (9) Category #9 (Social Needs) persons who are 55 and older and which is actually available to and used by (a) A housing provider may indicate, Services to encourage and assist residents to residents of the property. by display of a notice complying with use available facilities and services this part, its intent to provide housing (e) A housing provider provides —volunteer or staff activity planner for older persons in substantially the —lifeguards, swimming or water aerobics significant facilities and services if the same form as that attached as Appendix instructors facilities and services are provided on 1 to this part. —dance or exercise instructors the premises by paid staff, resident (b) Such a notice shall be provided by —crafts instructors volunteers, or by agencies, entities or the Department, and shall include, at a —newsletters, newspapers or flyers persons other than the housing minimum, a certification of compliance informing residents of activities, trips, provider. A housing provider provides clubs, etc. with § 100.315 and an indication of the significant facilities and services if the housing provider’s intent to provide, —monthly calendar of events facilities or services are provided off the —resident council or committees to and its certification that it does in fact encourage participation in activities premises by paid staff, resident provide, facilities and services which volunteers, or by agencies, entities or # comply with § 100.306. (10) Category 10 (Leisure Needs) persons other than the housing provider (c) Such a notice shall be signed by Social and Recreational Facilities on the premises of the housing or off the one or more housing providers, with premises, provided that if facilities or —clubhouse, communal kitchen, or authority to sign. communal dining area services are made available off the (d) Such a notice shall be signed —library with large print books or premises, the housing provider, through under penalty of perjury of the laws of subscriptions to publications targeted to paid staff, resident volunteers, or by the United States. older persons agencies, entities or persons other than (e) Such a notice shall be posted in —swimming pool, sauna or whirlpool the housing provider, shall make every public or common area where —recreation or game room, arts and crafts available transportation services or housing transactions are conducted. room, community room or meeting room coordination of information and (f) A copy of a current self- —television room for communal use transportation resources which ensure certification shall be considered by the —exercise equipment that residents are aware of and have —ping pong, pool tables, shuffleboard courts, Department to be sufficient evidence of horseshoe pits or bocce ball (with ready access to such facilities or compliance with the Act to allow the functional equipment) services. publication of advertisements, notices —golf course (f) In determining whether a housing or the making of other statements as —stage, piano and dance floor provider provides significant facilities evidencing the operation of the property —picnic area, picnic tables, barbecue grills and services, the Department will in question as housing for older persons —woodworking shop evaluate each facility or service that and as excluding families with children —restaurant for resident use meets the requirements of § 100.305 by as described in section 807(b)(2) of the —bank the following criteria to determine Act, but not as conclusive evidence of —lawyer’s office whether the facilities in the aggregate —travel agency eligibility for the housing for older —convenience store and the services in the aggregate are persons exemption. —barber shop ‘‘significant’’: § 100.310 Impracticability. —dry cleaners (1) The extent to which a facility or —hair salon service can accommodate the older (a) The provisions regarding familial —lapidary population of the housing facility. The status in this part shall not apply to Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13845 housing intended and operated for certifications from new residents of the years of age or older until at least 80 occupancy by at least one person 55 housing facility. percent of the units are occupied by at years of age or older per unit, provided (8) The availability of other similarly least one person who is 55 and older; that the person or entity affirmatively priced housing for older persons in the and demonstrates through credible and relevant geographic area. If similarly (ii) Meets the requirements of: objective evidence that the housing priced housing for older persons with (A) Sections 100.305, 100.306, satisfies the requirements of §§ 100.305, significant facilities and services is 100.307, and 100.316; or 100.306, 100.315 and 100.316 or reasonably available in the relevant (B) Sections 100.310, 100.315, and §§ 100.310, 100.315 and 100.316. geographic area then the housing facility 100.316. Housing satisfies the requirements of does not meet the requirements of (iii) Where application of the 80 § 100.310 if it is not practicable to § 100.310. percent rule results in a fraction of a provide significant facilities and § 100.315 80 percent occupancy. unit, that unit shall be considered to be services designed to meet the physical (a) The provisions regarding familial included in the units which must be or social needs of older persons and the status in this part shall not apply to occupied by at least one person who is housing facility is necessary to provide housing intended and operated for 55 or older. important housing opportunities for occupancy by at least one person 55 older persons. § 100.316 Intent to provide housing for years of age or older per unit, provided (b) In order to satisfy the requirements older persons. that the person or entity demonstrates of § 100.310 the housing provider must (a) The provisions regarding familial through credible and objective evidence affirmatively demonstrate through status in this part shall not apply to that housing satisfies the requirements credible and objective evidence that the housing intended and operated for of §§ 100.305, 100.306, 100.315 and provision of significant facilities and occupancy by at least one person 55 100.316 or §§ 100.310, 100.315 and services designed to meet the physical years of age or older per unit, provided 100.316. Housing satisfies the or social needs of older persons would that the person or entity proves that the requirements of § 100.315 if at least 80 result in depriving older persons in the housing satisfies the requirements of percent of the units in the housing §§ 100.305, 100.306, 100.315 and relevant geographic area of needed and facility are occupied by at least one desired housing. The following factors, person 55 years of age or older per unit 100.316 or §§ 100.310, 100.315 and among others, are relevant in meeting except that a newly constructed housing 100.316. Housing satisfies the the requirements of § 100.310: facility for first occupancy after March requirements of § 100.316 if the owner (1) Whether the owner or manager of 12, 1989 need not comply with or manager of a housing facility the housing facility has endeavored to § 100.315 until 25 percent of the units publishes and adheres to policies and provide significant facilities and in the facility are occupied. procedures which demonstrate an intent services designed to meet the physical (b) Housing satisfies the requirements by the housing provider to provide or social needs of older persons either of this section even though: housing for persons 55 years of age or by the owner or by some other entity. (1) On September 13, 1988, under 80 older. Demonstrating that such services and percent of the occupied units in the (b) The following factors, among facilities are expensive to provide is not housing facility are occupied by at least others, are relevant in determining alone sufficient to demonstrate that the one person 55 years of age or older per whether the owner or manager of a provision of such services is not unit, provided that at least 80 percent of housing facility has complied with the practicable. the units that are occupied by new requirements of § 100.316: (2) The amount of rent charged, if the occupants after September 13, 1988 are (1) The manner in which the housing dwellings are rented, or the price of the occupied by at least one person 55 years facility is described to prospective dwellings, if they are offered for sale. of age or older. residents. (3) The geographical or other physical (2) There are unoccupied units, (2) The nature of any advertising limitations inherent in the property provided that at least 80 percent of the designed to attract prospective which makes the provisions of facilities occupied units are occupied by at least residents. or services impracticable. one person 55 years of age or over. (3) Age verification procedures. (4) The income range of the residents (3) There are units occupied by (4) Lease provisions. of the housing facility. employees of the housing (and family (5) Written rules and regulations. (5) The demand for housing for older members residing in the same unit) who (6) Actual practices of the owner or persons in the relevant geographic area. are under 55 years of age provided they manager in enforcing relevant lease (6) The vacancy rate of the housing perform substantial duties directly facility. provisions and relevant rules or related to the management or regulations. (7) The certification of 90 percent of maintenance of the housing. (7) The public posting of the self- the residents of the housing facility that (4) There are insufficient units certification described in this part. a particular category of facility or occupied by at least one person 55 years service is not necessary or desired. Such of age or over to meet the 80 percent 3. Appendix 1 is added to part 100 to certification shall be maintained as part requirement, but the housing provider, read as follows: of the official records of the housing at the time the exemption is asserted: Appendix 1 to Part 100—Housing For facility, be made available for public (i) Reserves all unoccupied units for Older Persons—Self-Certification inspection, and updated by occupancy by at least one person 55 BILLING CODE 4210±28±P 13846 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13847 13848 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules Dated: February 8, 1995. Roberta Achtenberg, Assistant Secretary for Fair Housing and Equal Opportunity. [FR Doc. 95–5968 Filed 3–9–95; 2:57 pm] BILLING CODE 4210±28±C federal register March 14,1995 Tuesday Demonstration; Notice Centers After-SchoolProgram:Noticeof Public HousingFamilyInvestment Public andIndianHousing Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part V 13849 13850 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices DEPARTMENT OF HOUSING AND ADDRESSES: Interested persons are (3) improve the capacity of management URBAN DEVELOPMENT invited to submit comments regarding to assess the supportive services and this rule to the Rules Docket Clerk, training needs; and (4) provide for Office of the Assistant Secretary for Office of General Counsel, Room 10276, supportive services and related training Public and Indian Housing Department of Housing and Urban that cannot otherwise be funded. The [Docket No. N±95±3886; FR±3871±N±01] Development, 451 Seventh Street, SW, Department expects that this funding Washington, DC 20410–0500. will demonstrate the importance of Public Housing Family Investment Communications should refer to the comprehensive support services in Centers After-School Program: Notice above docket number and title. contributing to the local neighborhood of Demonstration Facsimile (FAX) comments are not revitalization. acceptable. A copy of each The FIC, as described in Section 22 of AGENCY: Office of the Assistant communication submitted will be the Housing Act of 1937 and the FIC Secretary for Public and Indian available for public inspection and NOFA published on February 15, is to Housing, HUD. copying between 7:30 a.m. and 5:30 ‘‘provide families living in public and ACTION: Notice of demonstration p.m. weekdays at the above address. Indian housing with better access to program. FOR FURTHER INFORMATION CONTACT: education and job opportunities to achieve self-sufficiency and SUMMARY: This Notice announces the Beverly Hardy, Housing Management independence.’’ Appropriately, the FIC Department’s intention to contribute up Specialist, Office of Community After-School Program provides safe to $3.5 million from the Family Relations and Involvement, Department havens for children that will help their Investment Center (FIC) program to of Housing and Urban Development, parents to take better advantage of assist in developing and expanding 451 Seventh Street SW, Room 4112, education, job opportunities and social effective after-school programs that Washington, DC 20410; telephone services to achieve self-sufficiency and provide safe environments that help number (202) 708–4214 (TDD users may independence, as well as directly children to develop their full potential call the Federal Information Relay helping the children to develop similar while permitting their parents to receive Service at (202) 708–9300 or 1–800– skills, knowledge, and competencies, education or training or go to work. 877–8339). (Other than the ‘‘800’’ while simultaneously exposing them to These programs will be located at number, telephone numbers are not toll different lifestyle choices that will assist housing authorities in Los Angeles, CA; free.) in their positive development. This Oakland, CA; Philadelphia, PA; and SUPPLEMENTARY INFORMATION: demonstration will be a part of a Kansas City, MO. The purpose of this comprehensive strategy to bring together effort is to demonstrate ways to Paperwork Reduction Act Statement resources among housing authorities, promote, through supervised activities The information collection local school systems, the colleges and and joint community and private sector requirements contained in this notice universities system, and the public/ collaboration, the long-term welfare of have been approved by the Office of private sector. children ages 7 to 13 living in public Management and Budget, under section In accordance with the requirements housing communities. This 3504(h) of the Paperwork Reduction Act of section 470(a) of the Housing and demonstration will create safe havens of 1980 (44 U.S.C. 3501–3520), and Urban-Rural Recovery Act of 1983 (42 where children can develop skills, assigned OMB control number 2577– U.S.C. 3542), this notice describes the knowledge, and competencies, while 0189. proposed demonstration and invites simultaneously exposing the children to Authority public comment. Any changes made in different lifestyle choices that will assist this demonstration as a result of the in their positive development. These Section 22 of the United States Department’s consideration of public intervention programs will pull together Housing Act of 1937 (42 U.S.C. 1437t) comments, and any extension of time public and private resources to link provides for the establishment of Family for the commitment of funds necessary adults who work with children to build Investment Centers (FICs). As indicated because of these changes, also will be self-confidence, provide homework in the FIC NOFA published on February published in the Federal Register. The counseling, tutoring, mentoring, and 15, 1995 (60 FR 8900), the Department Department will not commit funds for support as an alternative to gang-related intends to use $3.5 million of the funds the proposed demonstration until after activities that exist in and around public available for the FIC program in FY the latest of: (1) The date the housing communities. This 1995 for purposes of demonstrating Department has considered any demonstration will also improve ways for families living in public and comments received in response to this accessibility and supportive service Indian housing in a neighborhood notice; (2) May 15, 1995, which is 60 coordination efforts among public undergoing a concentrated effort of local days after today’s publication date; and housing authorities, local schools revitalization to gain access to 4–H (3) the date the Department has received systems, the colleges and universities After-School programs for children to and approved proposals that meet the system, and the public and private develop the self-confidence needed to requirements imposed in this notice and sectors. This notice provides guidelines reach their full potential and achieve any subsequent notice announcing for the use of these funds and invites success. changes in the demonstration. comments on the proposed The demonstration will enable Applications will be due May 30, 1995, demonstration. housing authorities to create after- unless as a result of significant changes DATES: Comment due date: April 13, school programs for children who may made in the application requirements 1995. Applications will be due May 30, otherwise have no supervised place to upon consideration of public comments, 1995, unless as a result of significant go during non-school hours. These the Department publishes a separate changes made in the application funds will be used to: (1) Cover notice changing that deadline. requirements upon consideration of administrative costs and other eligible public comments, the Department activities; (2) mobilize public and Background of Demonstration publishes a separate notice changing private resources to expand and The 4–H After-School program is a that deadline. improve delivery of supportive services; partnership between the public and Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13851 private sector to bring organized, after- employment and economic program, and as established in this school activities to children ages 7–13 independence. HUD also expects that notice and any subsequent notice issued who live in public housing communities the parents of participating children after the comment period has closed, to with strong private sector support. The will be encouraged to pursue training, contribute to an integrated network of funds will be used to expand the Los education, and employment supportive services for public housing Angeles model and replicate the opportunities leading to self-sufficiency, and other neighborhood residents. program in Oakland, CA; Philadelphia, because their children will be in secure Most of the funding provided under PA; and Kansas City, MO. The Los environments while the parents are this demonstration will be used for Angeles model is a strong partnership away from home. administration and service coordination among the private sector; HUD; Because of the working partnership by the Community Vision Team and for Extension Service, United States taking place at the local level in Los core support services. The 4–H After- Department of Agriculture (USDA); Angeles, there is an ideal demonstration School activities and supportive University of California Cooperative environment for service delivery services will help children to overcome Extension Service; and the National 4– integrated across existing Federal and personal difficulties that inhibit their H Council. The program is coordinated private sector program lines. Too often readiness to learn and be successful in by the UNOCAL Petroleum Corporation the requirements of Federal programs school. Core support services and and the Los Angeles 4–H Council, is have dictated institutional structures at Community Vision Team activities backed by the Los Angeles City Council, the local level that stand in the way of supported by FIC funding provided and draws on the resources of VISTA, comprehensive delivery of housing and under this demonstration will be the University of California, the Housing services to those who need these targeted to ensure that a proportionate Authority of the City of Los Angeles, the services to achieve self-sufficiency. This number of public housing families are Los Angeles Unified School District, coordination creates a rare opportunity served. and HUD. for the Department to test the capacity In addition to the FIC funding Inner cities are experiencing a serious of its existing programs to serve in the proposed under this demonstration, crisis with youth gangs. The context of a truly integrated and public and private organizations will demonstration will involve joint comprehensive transformation effort. support the demonstration project. This HUD has chosen four public housing investment by the public and private network will deliver necessary services agencies that already have partnerships sectors to provide counseling, tutoring, to public housing children as part of the in place to develop a comprehensive mentoring, and other supportive larger community, through the services designed to reduce gang-related strategy to provide safe environments community-wide system developed by activities. HUD expects that this funding for children ages 7–13 living in public the housing authorities, the University will demonstrate the success of public/ housing communities. This will happen Extension provider, and the private private partnerships and commitments through cooperative arrangements sector. The Department believes that the in public housing communities that among housing authorities, local school institutional integration—of which this address specific, long-term counseling systems, the colleges and universities demonstration will be one part—will needs, thereby resulting in reduced system, the active involvement of enhance the quality, continuity, and gang-related activities and enhanced supportive service agencies, and strong impact of support provided to public lifestyle choices. This demonstration private sector support. The strategy housing children and their families. The serves ‘‘at-risk’’ children living in public must provide activities that link adults housing communities, 2–5 times per who work with children to build self- private sector entity must have week on a year-round basis. The confidence, provide homework committed funding and in-kind program is intended to create a counseling, tutoring, mentoring, and donations to the project. The nurturing environment that offers a supportive services during non-school Department expects that this positive alternative to unstructured, hours. demonstration will leverage more public unsupervised free time in The key factors that make Oakland, and private funding as the effort neighborhoods where gang-related CA; Philadelphia, PA; and Kansas City, progresses, with private funding activities are prevalent. MO, unique have been the strong ultimately being responsible for The system of services and outreach interest of the housing authorities of contributing total financial support. planned by the community will not only those cities, USDA, the University Eligible Activities increase the intensity and variety of Cooperative Extension Service, the youth activities and supportive services National 4–H Council, and the private Funds may be used for the following available to neighborhood residents, it sector to form Community Vision Teams activities: will also establish a delivery system that bring together educational and (1) The provision of not more than 15 involving residents who will work with other public and private resources for percent of the total cost of supportive neighbors to ensure progression towards the benefit of public housing children services (which may be provided resolving gang-related activities. who otherwise have no safe place to go directly to eligible residents by the HA Residents will work with trained during non-school hours. or by contract or lease through other coordinators to manage the program. appropriate agencies or providers), but Together with service providers, the Funding only if the HA demonstrates that: public and private sector will form For purposes of this demonstration, (a) The supportive services are ‘‘Community Vision Teams’’ at the the Department will make up to $3.5 appropriate to improve the access of community level to bring together the million available to the Los Angeles, eligible residents to educational multiple supportive service programs Oakland, Philadelphia, and Kansas City opportunities; and and financial supporters. Housing Authorities for use in (b) The HA has made diligent efforts As a result of this demonstration, establishing and expanding FIC 4–H to use or obtain other available HUD expects that the children After-School programs in the public resources to fund or provide such participating will be more likely to housing neighborhoods. The funding services; and avoid the lure of the gangs and instead will be used in accordance with the (2) The employment of service choose to stay in school with a goal of statutory requirements of the FIC coordinators. 13852 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Eligible Costs In order to receive the funding (7) A description of efforts to use or proposed in this notice, each housing obtain other available resources to fund Activities that may be funded and authority must submit an original and or provide supportive services that carried out by an HA include, but are one copy of a proposal describing its enhance educational opportunities; not limited to, the following: program in detail. Proposals must be (8) A description of efforts to improve (1) Administrative costs. Costs that are prepared in accordance with accessibility and provide supportive reasonable and include maintenance, instructions in the FIC Application Kit services coordination efforts among utility costs (telephone, fax, light, gas), (available by contacting the person public housing authorities, local schools postage, printing, copier, building listed in FOR FURTHER INFORMATION systems, the college and university leasing/rent costs, Service Coordinator/ CONTACT, above) and must include: system, and the public and private Case Manager, accounting staff, initial (1) A brief summary of the proposed sectors; equipment purchase (i.e., desks, chairs, program (not to exceed 150 words), (9) A description of how the program computer equipment, tools, etc.). including a brief description of the key will be evaluated, describing the (2) Other program costs. Costs that program components; baseline indicators against which include advertisement, reimbursement (2) A copy of the signed agreement(s) success will be measured and for participant travel costs, travel between the PHA, 4–H Extension replicated; stipends, vehicle lease (to transport Service, United States Department of (10) A description of plans for participants to program-related Agriculture (USDA), the private sector continuing operation of the program and activities), insurance liability costs entity, and the community vision team the provision of services to residents (personal property/property off HA site) members for each demonstration site; after completion of the demonstration and technical assistance (T/A contractor phase; fees, etc.). (3) A description of how the eligible participants will be recruited, with an (11) A narrative on the location and Applicable Requirements accompanying implementation accessibility of the 4–H After-School schedule; facility; and The PHA will be required to meet the (12) A narrative, budget, timetable, (4) A description of supervised applicable programmatic and and list of milestones for the 5-year activities and joint community and application requirements set out in the period. Milestones shall include number private sector youth intervention NOFA for Public and Indian Housing of families to be served, types of projects; Family Investment Centers (published at services, and dollar amounts to be 60 FR 8900, February 15, 1995) and any (5) A description of resident allocated over the 5-year period. subsequent notice that is published after (including parents) involvement in the the comment period for this notice has program’s planning and Authority: 42 U.S.C. 1437t and 3535(d). closed. When applicable, recipients of implementation; Dated: March 3, 1995. funding under this demonstration also (6) A description (based on projected Joseph Shuldiner, are subject to the certifications, findings, needs) of the type of supportive services Assistant Secretary for Public and Indian determinations, and requirements listed that are to be provided over at least a 5- Housing. in the ‘‘Other Matters’’ section of the year period after the initial receipt of [FR Doc. 95–6156 Filed 3–13–95; 8:45 am] FIC NOFA. funding under this program; BILLING CODE 4210±33±P federal register March 14,1995 Tuesday Final Rule Payment ofTitleIInsuranceCharges; Manufactured HomeLoans;Electronic Title IPropertyImprovementand 24 CFRPart201 Development Housing andUrban Department of Part VI 13853 13854 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations DEPARTMENT OF HOUSING AND national trade associations; both of these Penalty charges and interest charges URBAN DEVELOPMENT were favorable to the proposal, although will be processed in the same manner as one expressed a number of technical in the past and billed on the next Office of the Assistant Secretary for operational concerns. The fifth statement. Penalty charges are levied if HousingÐFederal Housing comment, from a small lender, payment is received later than 25 days Commissioner expressed a similar concern to one after the billing date. Interest charges are raised by one of the trade associations, assessed when payment is received on 24 CFR Part 201 namely the financial impact on small or after the 55th day after the billing [Docket No. R±95±1765; FR±3823±F±01] lenders. date. For the ACH program, penalty On March 8, 1993, HUD published a charge and interest charge amounts are RIN 2502±AG41 final rule in the Federal Register (58 FR automatically calculated by the system. Title I Property Improvement and 12901) that was unchanged from the ACH provides lenders with numerous Manufactured Home Loans; Electronic proposed rule. However, because of the tangible benefits that should reduce Payment of Title I Insurance Charges concerns communicated in the their servicing costs. The advantages of comments, HUD allowed a one-year ACH are: AGENCY: Office of the Assistant grace period for institutions making 300 (1) Control of payment timing—The Secretary for Housing—Federal Housing or fewer new FHA single family loans use of ACH debits and credits can Commissioner, HUD. per year. Also in 1993, HUD increase control of payment initiation ACTION: Final rule. implemented the ACH program on a and funds availability; voluntary basis for the payment of Title (2) Banking costs are reduced—ACH SUMMARY: This final rule amends the I insurance charges. regulations governing the property transfers cost less than paper checks and The ACH system is designed to wire transfers; improvement and manufactured home process the collection of Title I loan insurance programs under Title I, (3) Accounting reconciliation is insurance charges from lenders, using reduced—Payments are computerized section 2 of the National Housing Act. remote terminals instead of sending This rule permits the Secretary to and cash application is more automated checks and HUD–646 forms by mail. than with manual systems; require that Title I insurance charge The lender’s terminal operator dials a (4) On-line edits can reduce data payments be made through the number that ties the terminal or errors created by manual recording; Automated Clearing House (ACH) personal computer into the collection program. The purpose of this rule is to agent’s telenet system. The collection (5) The chance of lost/late mail is improve the efficiency of the Federal agent originates an ACH file of debit eliminated; Housing Administration (FHA) Title I transactions based on the data keyed by (6) ACH payments are fully traceable; insurance program and reduce costs to the lender. (7) The premium payments are drawn HUD lenders. Each day at 6 p.m. eastern time, the down electronically from the lender’s EFFECTIVE DATE: April 13, 1995. collection agent originates an ACH file designated bank account. FOR FURTHER INFORMATION CONTACT: of debit transactions based on the data Because ACH provides lenders as well James A. White, Acting Director, Title I keyed by the lender. When the debit as HUD with numerous tangible benefits Accounting and Servicing Division, transactions have been processed, the that reduce servicing costs, HUD Room 3100, Department of Housing and ACH will transmit the Title I insurance intends to use ACH as the sole method Urban Development, 470 L’Enfant Plaza, charge data to HUD’s Title I Insurance for collecting Title I insurance charges. East, Washington, DC 20024; telephone System. Through this ACH process, the HUD believes that this rule does not (202) 755–7545, extension 105; or (202) debit amount is drawn electronically have a significant economic impact on 708–4594 (voice/TDD). (These are not from the designated lender’s bank the smaller lending community for two toll-free telephone numbers.) account the next day, or can be reasons. First, lenders need only have access to a personal computer to SUPPLEMENTARY INFORMATION: ‘‘warehoused’’ and drawn on the lender’s bank account on a future date. participate in the ACH program, and I. Background The corresponding credit entry will personal computing is pervasive within In 1985 the Department of Housing update HUD’s account. the industry. Second, implementation of and Urban Development (HUD) Without ACH, HUD personnel must this process will be phased in and implemented the Automated Clearing correct all incorrect data submitted by coordinated with lenders on an House (ACH) program, with voluntary lenders, and the HUD system must individual basis. This rule implements participation by mortgagees, for the prepare, key, and then reprocess the a program that will enhance operations payment of up-front mortgage insurance corrected transaction. The ACH transfer and be cost beneficial for all Title I premiums for single-family mortgages system eliminates most errors. Built-in lenders. that are obligations of the Mutual edits will verify data and produce an Under this final rule, insurance Mortgage Insurance Fund. error message for lenders entering their charges will be collected by the ACH On June 9, 1992, HUD published a payment data via terminal/personal program for all property improvement proposed rule in the Federal Register computer, and an error fax confirmation and manufactured home loan insurance (57 FR 24424) that would amend the for lenders entering their payment data programs under Title I, section 2 of the Title II regulations to permit the FHA via mainframe to mainframe. The ACH National Housing Act (12 U.S.C. 1703). Commissioner to require that all such transfer system uses the lender contract Instructions implementing this rule will premium payments be made through number as part of the logon procedure. be transmitted to all Title I lenders at ACH. Five comments were received in Any error in the lender contract number least 30 days before payment of Title I response to that proposed rule. Two results in the ACH transfer system insurance charges by ACH will be comments were from automated rejecting the logon attempt. In addition, required. The instructions will provide clearing house associations, and the ACH transfer system will verify that for a grace period of up to one year for expressed general approval of HUD’s the payment amount equals the billing compliance by small lenders with proposal. Two comments were from amount less the exceptions. portfolios of fewer than 200 loans. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Rules and Regulations 13855 II. Justification for Final Rulemaking operations and be cost beneficial for all 14.110 Manufactured Home Loan In general, HUD publishes a rule for Title I lenders. In addition, the plan to Insurance—Financing Purchase of public comment before issuing a rule for phase in the program with lenders on an Manufactured Homes as Principal effect, in accordance with its own individual basis assures against undue Residences of Borrowers; regulations on rulemaking (24 CFR part burdens on small organizations. 14.142 Property Improvement Loan 10). However, part 10 provides for Regulatory Agenda Insurance for Improving All Existing exceptions from that general rule if HUD Structures and Building of New This rule was not listed in the finds good cause to omit advance notice Nonresidential Structures; and Department’s Semiannual Agenda of and public participation. The good 14.162 Mortgage Insurance— cause requirement is satisfied when Regulations published on November 14, Combination and Manufactured Home prior public procedure is 1994 (59 FR 57632) in accordance with Lot Loans. ‘‘impracticable, unnecessary, or contrary Executive Order 12866 and the List of Subjects in 24 CFR Part 201 to the public interest’’ (24 CFR 10.1). Regulatory Flexibility Act. HUD finds that good cause exists to Executive Order 12612, Federalism Health facilities, Historic publish this rule for effect without first The General Counsel, as the preservation, Home improvement, Loan soliciting public comment. Due to Designated Official under section 6(a) of programs—housing and community HUD’s experience in promulgating the Executive Order 12612, Federalism, has development, Manufactured homes, amendment to the Title II regulations for determined that the policies contained Mortgage insurance, Reporting and payment of insurance premiums in this rule will not have substantial recordkeeping requirements. through ACH, and the voluntary direct effects on States or their political Accordingly, 24 CFR part 201 is participation in the ACH program by subdivisions, or the relationship amended as follows: some Title I lenders, HUD finds that between the Federal government and prior public procedure is unnecessary. the States, or on the distribution of PART 201ÐTITLE I PROPERTY III. Other Matters power and responsibilities among the IMPROVEMENT AND MANUFACTURED various levels of government. As a HOME LOANS Environmental Impact result, the rule is not subject to review 1. The authority citation for 24 CFR In accordance with 40 CFR 1508.4 of under the Order. Specifically, the part 201 continues to read as set forth the regulations of the Council on requirements of this rule are directed to below: Environmental Quality, and 24 CFR lenders, and do not impinge upon the 50.20(k) of the HUD regulations, this relationship between the Federal Authority: 12 U.S.C. 1703; 42 U.S.C. rule is categorically excluded from the government and State and local 3535(d). requirements of the National governments. 2. A new paragraph (b)(4) is added to Environmental Policy Act. The rule § 201.31 to read as follows: relates solely to internal administrative Executive Order 12606, The Family procedures, the content of which do not The General Counsel, as the § 201.31 Insurance charge. involve a development decision or affect Designated Official under Executive * * * * * the physical condition of project areas Order 12606, The Family, has (b) * * * or building sites, but only relate to the determined that this rule does not have (4) The Secretary may require that performance of accounting, auditing, potential for significant impact on loan insurance charges be remitted and fiscal functions. family formation, maintenance, and electronically. Instructions general well-being, and thus is not Regulatory Flexibility Act implementing this requirement shall be subject to review under the Order. No communicated to all affected lenders. The Secretary, in accordance with the significant change in existing HUD Regulatory Flexibility Act (5 U.S.C. policies or programs will result from * * * * * Dated: February 8, 1995. 605(b)), has reviewed this rule before promulgation of this rule, as those publication and by approving it certifies policies and programs relate to family Nicolas P. Retsinas, that this rule does not have a significant concerns. Assistant Secretary for Housing—Federal economic impact on a substantial Housing Commissioner. number of small entities. The rule Catalog of Federal Domestic Assistance [FR Doc. 95–6157 Filed 3–13–95; 8:45 am] implements a program that will enhance Program numbers are: BILLING CODE 4210±27±P federal register March 14,1995 Tuesday to NegotiateRegulations;ProposedRule Establishment ofanAdvisoryCommittee 30 CFRPartVII Enforcement Office ofSurfaceMiningReclamationand Interior Department ofthe Part VII 13857 13858 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Negotiated rulemaking has been used quite successfully to address highly Office of Surface Mining Reclamation I. Negotiated Rulemaking II. Subject and Scope of Rule for Negotiated controversial subjects in a practical and Enforcement Rulemaking manner. For that reason, OSM thought III. How Does Negotiated Rulemaking Work? it would be an appropriate process to 30 CFR Part VII IV. What is the Purpose of the Committee? use for the coal refuse rule. V. How are Committee Members Selected? Establishment of an Advisory VI. Who Has Been Contacted to Participate in II. Subject and Scope of Rule for Committee to Negotiate Regulations this Process? Negotiated Rulemaking VII. Will All of These Groups Participate in Numerous coal refuse piles exist AGENCY: Office of Surface Mining the Regulatory Negotiation Process? Reclamation and Enforcement, Interior. throughout the coal fields in the eastern VIII. How Can You Participate in the Process? United States. These piles are a major ACTION: Proposed rule. I. Negotiated Rulemaking source of aesthetic and environmental degradation. A significant number of SUMMARY: Notice is hereby given that The purpose of a negotiated the Secretary of the Interior is rulemaking committee (or ‘‘reg neg’’ as these piles, however, still contain large, administratively establishing an it is frequently called) is to develop a potentially marketable quantities of advisory committee to be known as the consensus on a proposed rule. Before coal. Modern technology enables the Office of Surface Mining Reclamation establishing such a committee, § 583(a) recovery of the coal in these piles, and and Enforcement Negotiated of the Negotiated Rulemaking Act in some cases the direct utilization of Rulemaking Committee on Coal Refuse directs the head of an agency to the material, for example in refuse Disposal. This notice is published in consider whether— burning power plants, electric power accordance with the Federal Advisory • There is a need for the rule generation and co-generation facilities. Under current law and policies, Committee Act (FACA), and the • There are a limited number of permitting and performance standards Negotiated Rulemaking Act of 1990. The identifiable interests that will be are the same for refuse pile operations notice is attached as an appendix. affected by the rule as for any other mining operations. • There is a reasonable likelihood The Office of Surface Mining Section 2503 of the Energy Policy Act of that a committee can be convened with Reclamation and Enforcement (OSM) 1992 requires the publication of new a balanced representation of persons seeks comments on the establishment of regulations on permitting and who can adequately represent those the advisory committee chartered to performance standards that distinguish interests and are willing to negotiate in negotiate a rule on Coal Refuse Disposal, between (1) operations that reprocess good faith to reach a consensus on a and nominations for its membership. abandoned coal refuse on-site and (2) proposed rule Issues to be considered by the advisory those that completely remove • There is a reasonable likelihood committee include general permits, abandoned coal refuse from a site for the that a committee will reach consensus baseline hydrologic studies and direct use of such coal refuse or for the on the proposed rule within a fixed hydrologic requirements at refuse sites, reprocessing of such coal refuse at period of time the application of valid existing rights to another location. These standards must • The negotiated rulemaking will not coal refuse sites, the collection of recognize the distinct differences unreasonably delay the notice of Abandoned Mine Land fees from between these operations and other proposed rulemaking and the issuance companies processing coal refuse for surface coal mining operations. of the final rule reuse, and other environmental The committee will try to reach • The agency has adequate resources protection standards. OSM anticipates consensus on the major issues that and is willing to commit such resources, that the negotiation process will help could not be resolved in the draft including technical assistance, to the resolve at least some of these rulemaking, specifically: outstanding issues. committee, and • Environmental protection standards • The agency, to the maximum extent DATES: Interested parties may file • Permits comments and/or nominations for possible consistent with the legal • The application of valid existing Committee Membership on or before obligations, will use the consensus of rights to coal refuse sites April 13, 1995. the committee with respect to the • Abandoned mine land fees proposed rule as the basis for the rule If the committee is able to reach ADDRESSES: Written Comments: Hand- proposed by the agency for notice and consensus on these issues, the deliver to the Office of Surface Mining comment. committee will propose a rule on coal Reclamation and Enforcement, ‘‘Consensus’’ in tern means the refuse. Administrative Record, room 660, 800 unanimous concurrence among the In addition, the committee may also North Capitol Street, Washington, DC: interests represented on the negotiated address other appropriate remining or mail to the Office of Surface Mining rulemaking committee unless the issues that may arise from the Reclamation and Enforcement, committee explicitly adopts some other discussion of coal refuse. Administrative Record, room 660 NC, definition. Thus, under the Negotiated 1951 Constitution Avenue NW., Rulemaking Act, each interest on the III. How Does Negotiated Rulemaking Washington, DC 20240. Comments may committee has a veto: nothing can be Work? also be sent electronically through the adopted by the committee over the Negotiated Rulemaking typically Internet to: [email protected]. dissent of an interest. That has served to occurs in two stages: FOR FURTHER INFORMATION CONTACT: provide important protection for the 1. The Convening Stage. During this Melanie Wilson, Office of Surface parties and to help the parties focus on stage, an outside neutral party assists Mining Reclamation and Enforcement, developing an entire regulation. This the agency in selecting participants to 1951 Constitution Avenue NW., room definition also means that the agency ensure balanced representation and 52, Washington, DC 20240, (202) 208– itself participates in the negotiations in helps the agency identify which specific 4609. For the hearing impaired, contact a manner similar to that of any other issues should be negotiated. He or she TTD (202) 208–2737. party. educates the participants about the Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13859 negotiation process and attempts to get Industry whether the entity would be the parties to commit to the product that Inter-Power/AHICon Partners substantially affected by the rule and will be produced. Convening typically Western Kentucky Coal Association whether that entity is already takes one or two months. Kentucky Coal Association adequately represented in the 2. The Negotiation Stage. This stage Pennsylvania Coal Association negotiating group. typically takes six to eight months. WV Mining & Reclamation Assoc. IX. What Happens After the Committee Again, a neutral outside party is often Gilberton Power Company Members are Selected? used to facilitate group meetings, which Inter-Power Development Corporation are generally held once a month. The National Coal Association Once membership in the Committee goal of this stage is to produce American Mining Congress has been selected, an organizational regulatory language and, if possible, Consol, Inc. meeting will be held to develop the preamble text. specific issues and groundrules for how States the negotiation will be conducted. The IV. What is the Purpose of the Interstate Mining Compact Commission location and dates of future meetings Committee? West Virginia Department of will be published in the Federal The purpose of the Committee is to Environmental Protection Register. Meetings will be open to the provide a forum to discuss the Pennsylvania Department of public unless specifically noted as being regulatory and reclamation issues of Reclamation closed in the Federal Register, as concern to the public, primacy States Illinois Division of Land Reclamation authorized by FACA. Abandoned Mine Lands Reclamation which regulate surface coal mining, X. Conclusion environmental groups, coal mine region Council residents, industry, the Congress, and Kentucky Department for Surface OSM requests public comment on other State and Federal agencies. Mining whether: (1) It should establish a Federal Advisory Commission, (2) it has V. How Are Committee Members Federal properly identified the interests that are Selected? Office of Surface Mining significantly affected by the key issues The Secretary of the Interior will Environmental Protection Agency listed above, (3) the suggested committee membership reflects a appoint 20–25 members to the VII. Will All of These Groups balanced representation of these Committee to represent a cross-section Participate in the Regulatory interests, and (4) regulatory negotiation of those who are interested in and Negotiation Process? directly affected by this proposed is appropriate for this rulemaking. No. First, the Secretary of the Interior rulemaking. OSM has sought the advice Dated: March 2, 1995. will select committee members based on of an outside neutral professional Bob Armstrong, convener in an effort to carefully whether the entity will be substantially affected by this rule. Second, some of Assistant Secretary, Land and Minerals monitor membership to ensure that Management. there is a balance among those interests the groups, for various reasons, may affected by the Surface Mining Control decide not to participate in this specific Appendix and Reclamation Act of 1977 (30 U.S.C. regulatory negotiation. This notice is published in accordance with Section 9(a) (2) of the Federal Advisory 1201 et seq.). Members will represent VIII. How Can You Participate in the the following segments of the Committee Act (FACA), 5 U.S.C. App. (1988). Process? Following consultation with the General population in appropriate mix and Services Administration and the Office of the balance for the task at hand. If you believe that your interests may not have been adequately represented Management and Budget, notice is hereby Categories of Members by any of the parties listed above you given that the Secretary of the Interior is administratively establishing an advisory • Environmental groups may apply for, or nominate another committee to be known as the Office of • Representatives from the coal refuse entity for membership on the committee Surface Mining Reclamation and removal and reprocessing industry to represent your interests. Each Enforcement Negotiated Rulemaking • Primary states with responsibility application for nomination must Committee on Coal Refuse Disposal. for regulating surface coal mining include: The purpose of the Committee is to provide operations 1. The name of the applicant or a forum to discuss a variety of regulatory and reclamation issues of concern to the public, • General coal mining industry nominee and a description of the • interests the entity will represent. primacy States which regulate surface coal Citizens/residents of areas with mining, environmental groups, coal mine significant deposits of coal refuse 2. Evidence that the applicant or region residents, industry, the Congress, and nominee is authorized to represent VI. Who Has Been Contacted to other State and Federal agencies. parties related to the interests the entity The Secretary of the Interior will appoint Participate in this Process? proposes to represent. 20–25 members to the Committee to The following parties were identified 3. A written commitment that the represent a cross-section of those who are as potentially affected interests and applicant or nominee shall actively interested in and directly affected by were contacted during the convening participate in good faith in the regulatory and reclamation activities. OSM stage of the process. development of the rule under has sought the advice of an outside neutral consideration. professional convener in an effort to carefully Environmental Groups 4. The reasons that the entities monitor membership to ensure that there is a balance among those interests affected by Citizen’s Coal Council specified above do not adequately the Surface Mining Control and Reclamation Kentucky Resources Council, Inc. represent the interests of the entity Act of 1977 (30 U.S.C. 1201 et seq.). Members National Wildlife Federation submitting the application or will represent the following segments of the Western Pennsylvania Land nomination. population in appropriate mix and balance Conservancy The OSM will advise the Secretary for the task at hand. West Virginia Highlands Conservancy whether that entity should be added to Categories of Members: Armstrong Conservation District the group. The decision will be based on * Environmental groups; 13860 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules * Representatives from the coal refuse Certification Reclamation Act of 1977 (30 U.S.C. 1201 et. removal and reprocessing industry; I hereby certify that the administrative seq.). * Primacy States with responsibility for establishment of the Office of Surface Mining Dated: August 18, 1994. regulating surface coal mining operations; Reclamation and Enforcement Negotiated Bruce Babbitt, * General coal mining industry; and Rulemaking Committee on Coal Refuse * Citizens/residents of areas with Disposal is necessary and in the public Secretary of the Interior. significant deposits of coal refuse. interest in connection with the performance [FR Doc. 95–6226 Filed 3–13–95; 8:45 am] of duties imposed on the Department of the BILLING CODE 4310±05±M Interior by the Surface Mining Control and federal register March 14,1995 Tuesday Parameters; ProposedRule Increased FlightDataRecorder 14 CFRParts121,125,and135 Federal AviationAdministration Transportation Department of Part VIII 13861 13862 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules DEPARTMENT OF TRANSPORTATION Branch (AIR–120), Aircraft Certification the cost of increasing the recorded Service, Federal Aviation parameters on FDR’s would necessitate Federal Aviation Administration Administration, 800 Independence a significant monetary investment, the Avenue, SW., Washington, DC 20591, NTSB stated that public safety 14 CFR Parts 121, 125, and 135 Telephone (202) 267–9567. outweighs the costs. With this notice, the FAA is soliciting [Docket No. 28109, Notice No. 95±4] SUPPLEMENTARY INFORMATION: comments on the following NTSB Increased Flight Data Recorder Participation at the Meeting recommendations: Parameters Requests from persons who wish to Require that each Boeing 737 airplane operated under 14 CFR parts 121 or 125 be AGENCY: present oral statements at the public Federal Aviation equipped, by December 31, 1995, with a Administration, DOT. meeting should be received by the FAA no later than April 15, 1995. Such flight data recorder system that records, as a ACTION: Notice of public meeting and requests should be submitted to Jeanne minimum, the parameters required by request for comments. current regulations applicable to that Trapani at the address listed in the airplane plus the following parameters SUMMARY: The FAA is soliciting section entitled FOR FURTHER (recorded at the sampling rates specified in comments from the public, aircraft INFORMATION CONTACT and should ‘‘Proposed Minimum FDR Parameter manufacturers and operators, and include a written summary of oral Requirements for Airplanes in Service’’ [see manufacturers of flight data recorders remarks to be presented. Requests Table 1 below]): lateral acceleration; flight (FDR’s) on the recent recommendations received after the date specified above control inputs for pitch, roll, and yaw; and will be scheduled if time is available primary flight control surface positions for issued by the National Transportation pitch, roll, and yaw. Safety Board (NTSB) on increased FDR during the meeting; however, the name of those individuals may not appear on Amend, by December 31, 1995, 14 CFR parameters. The FAA seeks comment on 121.343, 125.225, and 135.152 to require that any aspect of the NTSB the written agenda for the public Boeing 727 airplanes, Lockheed L–1011 recommendations, including the meeting. airplanes, and all transport category airplanes potential safety benefits and financial The FAA will prepare an agenda of operated under 14 CFR parts 121, 125, or 135 costs for each of the NTSB speakers who will be available at the whose type certificate applies to airplanes recommendations. Comments received meeting. Every effort will be made to still in production, be equipped to record on on the recommendations will assist the accommodate as many speakers as a flight data recorder system, as a minimum, possible. The amount of time allocated the parameters listed in ‘‘Proposed Minimum Federal Aviation Administration (FAA) FDR Parameter Requirements for Airplanes in preparing potential regulatory action to each speaker may be less than the amount of time requested. in Service’’ plus any other parameters and in analyzing specific exceptions or required by current regulations applicable to alternatives that should be considered. Background each individual airplane. Specify that the DATES: Comments must be received on airplanes be so equipped by January 1, 1998, On February 22, 1995, the NTSB or by the later date when they meet Stage 3 or before March 31, 1995. issued three recommendations to the A public meeting to discuss the NTSB noise requirements but, regardless of Stage 3 FAA as a result of its investigation of compliance status, no later than December recommendations will be held on April accidents and incidents that, in the 31, 1999. 20, 1995, starting at 9 a.m. opinion of the NTSB, have Amend, by December 31, 1995, 14 CFR ADDRESSES: Comments on the NTSB demonstrated that more information 121.343, 125.225, and 135.152 to require that recommendations discussed in this about flight control parameters should all airplanes operated under 14 CFR parts document should be mailed or be recorded by FDR’s. A copy of the 121, 125, or 135 (10 seats or larger), for which an original airworthiness certificate is delivered, in triplicate, to: Federal NTSB Safety Recommendation letter of Aviation Administration, Attention: received after December 31, 1996, record the February 22, 1995, has been placed in parameters listed in ‘‘Proposed FDR Rules Docket (AGC–200), 800 the FAA docket. Contrasting accident/ Enhancements for Newly Manufactured Independence Ave., SW., Washington, incident data involving airplanes with Airplanes’’ [see Table 2 below] on a flight DC 20591. Comments must be marked: 5- and 128-parameter FDR’s, the NTSB data recorder having at least 25-hour Docket No. 28109. Comments may also indicated that investigations were recording capacity. be sent electronically to the following greatly aided by the availability of The FAA requests that commenters be Internet address: enhanced recorded information. The specific and provide as much factual [email protected]. Comments NTSB recommended that the FAA detail in comments as possible. Cost may be examined in room 915G require operators to retrofit certain information is also particularly weekdays between 8:30 a.m. and 5 p.m., airplanes currently in operation with requested. except Federal holidays. enhanced FDR’s and require certain Because of the time frame The public meeting will be held at the enhanced FDR’s on newly- recommended by the NTSB and the date FAA National Headquarters, 800 manufactured airplanes. The NTSB also of the public meeting, the FAA requests Independence Ave., SW., Washington, issued recommendations to operators that commenters be timely in their DC 20591. and manufacturers of aircraft operated response. All comments received will be FOR FURTHER INFORMATION CONTACT: under parts 121, 125, and 135. However, available, both before and after the Requests to present a statement at the these recommendations will not be closing date for comments, in the Rules meeting or questions regarding the addressed at the public meeting. See Docket. logistics of the meeting should be attachment A of NTSB Safety The FAA anticipates that comments directed to Jeanne Trapani, Office of Recommendation letter dated February provided in response to this notice will Rulemaking, 800 Independence Avenue, 22, 1995. assist the agency in responding to the SW., Washington, DC 20591; telephone The NTSB stated that among the NTSB recommendations. (202) 267–7624. additional flight control parameters that Questions concerning the subject are needed are parameters that pertain Meeting Procedures matter of the meeting should be directed to the flight control inputs and control The following procedures are to Frank Rock, Technical Analysis surface positions. Acknowledging that established to facilitate the meeting: Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13863 (1) There will be no admission fee or (11) The meeting is designed to solicit Table 2.—Proposed FDR Enhance- other charge to attend or to participate public views and more complete ments for Newly Manufactured in the meeting. The opportunity to information. Therefore, the meeting will Airplanes (from Attachment B of speak will be available to all persons be conducted in an informal and the NTSB Safety Recommenda- who have requested in advance to nonadversarial manner. No individual tion, February 22, 1995). present statements or who register on will be subject to cross-examination by the day of the meeting subject to Acceleration Parameters: any other participant; however, panel Vertical availability of space in the meeting members may ask questions to clarify a Lateral room. statement and to ensure a complete and Longitudinal (2) There will be morning, lunch, and accurate record. Airplane Performance/Position Parameters: afternoon breaks. Altitude (3) The meeting may adjourn early if (12) Speakers are encouraged, before Airspeed scheduled speakers complete their the meeting, to review the comments Air/ground sensor (primary airplane sys- statements in less time than is received in the docket, providing them tems reference, nose or main gear) Brake pressure and pedal position scheduled for the meeting. an opportunity to express their view at the meeting on the comments in the Drift angle (when an information source (4) An individual, whether speaking is installed) in a personal or a representative docket, as well as present any additional Ground speed (when an information capacity on behalf of an organization, comments. source is installed) may be limited to a 10-minute Wind speed and direction (when an in- statement. If possible, we will notify the Table 1.—Proposed Minimum FDR formation source is installed) speaker if additional time is available. Parameter Requirements for Air- Outside air temperature or total air tem- (5) The FAA will try to accommodate perature planes in Service (from Attach- Radio altitude (when an information all speakers. If the available time does ment A, NTSB Safety Rec- source is installed) not permit this, speakers generally will ommendation, February 22, Latitude and longitude (when an infor- be scheduled on a first-come-first-served 1995) mation source is installed) basis. However, the FAA reserves the Airplane Attitude Parameters: Angle of attack left and right (when an right to exclude some speakers if Proposed Minimum Parameters: necessary to present a balance of information source is installed) 1. Altitude Pitch viewpoints and issues. 2. Airspeed (6) Sign and oral interpretation may Roll 3. Vertical acceleration Magnetic heading be made available at the meeting, as 4. Heading True heading (when an information well as an assistive listening device, if 5. Time of each radio transmission to air source is installed, sampled 1 per 4 requested at least 10 calendar days traffic control seconds) before the meeting. 6. Pitch attitude Yaw or sideslip angle (when an informa- (7) Representatives of the FAA will 7. Roll attitude tion source is installed) preside over the meeting. A panel of 8. Longitudinal acceleration Flight Controls Position and Input Param- FAA personnel involved in this issue 9. Pitch trim position* eters: All control surface positions—primary will be present. 10. Yaw trim position** controls (pitch, roll, and yaw) (8) The meeting will be recorded by 11. Roll trim position** All cockpit flight control input positions a court reporter. A transcript of the 12. Control column and pitch control and forces (control wheel, control col- meeting and any material accepted by surface position** umn, rudder pedal) the panel during the meeting will be 13. control wheel and lateral control sur- (sidestick controllers on fly-by-wire included in the public docket. Any face position** systems) person who is interested in purchasing 14. Rudder pedal and yaw control sur- All trim surface positions—primary con- a copy of the transcript should contact face position** trols (pitch, roll, and yaw) the court reporter directly. 15. Thrust of each engine All cockpit trim control input positions— (9) The FAA will review and consider 16. Position of each thrust reverser (or primary controls (pitch, roll, and yaw) equivalent for propeller airplane)* Thrust/power—primary flightcrew ref- all material presented by participants at 17. Trailing edge flap or cockpit flap con- erence (may require multiple param- the meeting. Position papers or material trol position* eters for all phases of flight) presenting views or information related 18. Leading edge flap or cockpit flap con- Throttle/power lever position to the FDR’s may be accepted at the trol position* Thrust reverser status (i.e., stow, transit, discretion of the presiding officer and 19. Ground spoiler position/speed brake deployed, reverse pitch) subsequently placed in the public selection** Thrust command (when an information source is installed) docket. The FAA requests that persons 20. angle of attack (when information Thrust target (when an information participating in the meeting provide 10 source is available)** source is installed) copies of all materials to be presented Engine bleed valve position (when an in- for distribution to the panel members; 21. Lateral acceleration** formation source is installed) other copies may be provided to the 22. Autopilot engagement status** Airplane Configuration Parameters: audience at the discretion of the 23. Automatic Flight Control System Flap position (trailing and leading edge) participant. (AFCS) modes and engagement Spoiler position (ground and speed (10) Statements made by members of status** brake) the meeting panel are intended to 24. Outside or total air temperature** Spoiler/speed brake cockpit selection/sta- facilitate discussion of the issues or to tus (armed—ground spoiler) (*) Indicates a new or changed parameter Flap cockpit control selection relative to the current 11-parameter require- clarify issues. Any statement made Landing gear position during the meeting by a member of the ment. (**) Indicates a new or changed pa- rameter relative to the current 17-parameter Landing gear cockpit control selection panel is not intended to be, and should requirement. De-icing or anti-icing system selection not be construed as, a position of the (when an information source is in- FAA. stalled, sampled 1 per 4 seconds) 13864 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules Table 2.—Proposed FDR Enhance- Table 2.—Proposed FDR Enhance- ments for Newly Manufactured ments for Newly Manufactured Airplanes (from Attachment B of Airplanes (from Attachment B of Over speed (when an information source is installed) the NTSB Safety Recommenda- the NTSB Safety Recommenda- Windshear (when an information source tion, February 22, 1995).—Con- tion, February 22, 1995).—Con- is installed) tinued tinued Computer failure Stick shacker/pusher (when an informa- Fuel quantity in CG trim tank (when an Recorder elapsed time (frame counter, 0 tion source is installed) information source is installed) to 4095) Manual/Automatic Selected Parameters: Computed center of gravity (when an in- CVR/DFDR synchronization reference Selected barometric setting formation source is installed) (when an information source is in- Selected speed AC electrical bus status stalled) Selected vertical speed DC electrical bus status Event marker Selected heading APU bleed valve position Selected flight path Hydraulic pressure (all systems) Warning Parameters: Selected decision height Navigation Aids: GPWS EFIS display format Localizer deviation Hydraulic pressure low (each system) Head-up display (when an information Glideslope deviation Master warning source is installed) DME 1 and 2 distances Loss of cabin pressure Para-visual display (when an information Nav 1 and 2 selected frequency TCAS—TA, RA, and sensitivity (as se- source is installed) GPS position data (when an information lected by crew) Multi-function/engine/alerts display for- source is installed) Icing (when an information source is in- mat Marker beacon passage stalled) Issued in Washington, DC on March 8, Autopilot Parameters: Engine warnings each engine— 1995. Engagement status (all systems) Vibration (when an information source Anthony J. Broderick, AFCS modes and engagement status is installed) Associate Administrator for Regulation and Timing: Over temp. (when an information Certification. Radio transmitter keying source is installed) UTC (when an information source is in- Oil pressure low (when an information [FR Doc. 95–6274 Filed 3–13–95; 8:45 am] stalled) source is installed) BILLING CODE 4910±13±M federal register March 14,1995 Tuesday Assistance Programs;Notice Availability, Etc.:EconomicDevelopment Grants andCooperativeAgreements; Economic DevelopmentAdministration Commerce Department of Part IX 13865 13866 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices DEPARTMENT OF COMMERCE decline in per capita employment, especially creative from an economic substantial loss of population because of development standpoint and that Economic Development the lack of employment opportunities, leverage a substantial amount of Administration large numbers (or high rates) of business nonfederal resources. [Docket No. 950302065±5065±01] failures, sudden major layoffs or plant Eligible applicants that can closures, and reduced tax bases. demonstrate substantial local support Economic Development Assistance Potential applicants are responsible for proposed projects have a better ProgramsÐAvailability of Funds for demonstrating to EDA, through the chance to receive EDA assistance. provision of statistics and other Proposals that do not provide evidence AGENCY: Economic Development appropriate information, the nature and of strong support from the governmental Administration (EDA), Department of level of the distress their efforts are entities in which the proposed project is Commerce (DoC). intended to alleviate. In the absence of located are less likely to receive EDA ACTION: Notice. evidence of high levels of distress, EDA assistance. Support can be demonstrated funding is unlikely. In considering by the commitment of funds necessary SUMMARY: The Economic Development proposals to benefit severely distressed to finance all or part of the nonfederal Administration (EDA) announces its areas, EDA will give consideration to share. policies and application procedures for those that address the needs of both EDA expects those responsible for funds available in fiscal year 1995, as rural and urban communities, developing and managing projects to described in Public Law 103–317, particularly aid that is directed toward maximize the impact of the public funds Departments of Commerce, Justice, the economic diversification of such by implementing projects as thoroughly State, the Judiciary, and Related areas. and expeditiously as possible. In the Agencies Appropriations, to support During FY 1995, EDA will place a case of projects involving construction, projects designed to alleviate conditions special emphasis on assisting projects EDA expects construction to be initiated of substantial and persistent that focus on: (1) Exports; (2) and completed in a timely manner. unemployment and underemployment entrepreneurship; (3) Applicants are expected to anticipate in economically-distressed areas and telecommunications; and (4) technology predictable delays such as those caused regions of the Nation and to address initiatives including innovation, staying by normal weather conditions, permits economic dislocations resulting from competitive in high value markets (well and approvals, legal complications, sudden, severe job losses. The purpose paying quality jobs), transfer, and community disputes, land acquisition, of this announcement is to commercialization, to alleviate etc., and account for them in developing communicate to potential applicants for conditions of substantial and persistent project schedules. Projects which by EDA funds the policies and procedures unemployment and underemployment their nature are likely to encounter that will be used to administer the in economically-distressed areas and significant delays are less likely to be Agency’s programs during fiscal year regions, through the provision of grants considered for funding. Projects that 1995. for Public Works and Development experience unreasonable delays DATES: This announcement is effective Facilities, Technical Assistance, following EDA approval may be for applications considered for fiscal Economic Development Planning, terminated and the funds deobligated. year 1995. Applications are accepted on Research and Evaluation, and Economic These policies are consistent with a continuous basis and will be Adjustment Assistance. EDA’s objective of supporting activities processed as funds are available. EDA recognizes that small that can begin to benefit local Normally, two months are required for communities experience impediments economies as soon as possible, thereby a final decision after the receipt of a to economic development other than the meeting the pressing development completed application that meets all traditional inadequacies of existing needs identified by project applicants. EDA requirements. water, sewer and roadway systems; Generally, EDA funding will not be therefore, in fiscal year 1995, EDA will ADDRESSES: Interested parties should used directly or indirectly to assist give consideration to projects that will contact the EDA office in their area (see employers who transfer one or more assist an area to overcome a special Section XII). jobs from one commuting area to development or infrastructure problem another. EDA nonrelocation FOR FURTHER INFORMATION CONTACT: See that is preventing employment growth information at the end of each program requirements (13 CFR 309.3) apply to all and economic development from taking grants involving construction, section and Section XII for the EDA place. Such projects may involve, but regional office and Economic rehabilitation or repair of real estate are not limited to, activities designed to under Titles I, IV, IX, and Section 301(f) Development Representative for the enhance the expansion of the service area. of the Public Works and Economic sector of the economy when that sector Development Act of 1965 (Pub. L. 89– SUPPLEMENTARY INFORMATION: is deemed more growth oriented than 136, 42 U.S.C. 3121–3246h), as the traditional industrial sector, or I. General Policies amended and grants under Title IX for innovative projects designed for the any purpose (including Revolving Loan EDA encourages certain types of development of publicly-owned Funds). project applications such as those telecommunications infrastructure No award of Federal funds will be proposals having the greatest potential when it can be demonstrated that such made to an applicant who has an to benefit areas experiencing or a project is needed to foster productivity outstanding delinquent Federal debt threatened with substantial economic or enhance economic growth within an until either: distress. EDA is particularly interested EDA-eligible area. Such proposals must 1. The delinquent account is paid in in projects located in authorized and be appropriately scaled and provide full; designated enterprise zones. Distress substantial and direct benefit to the 2. A negotiated repayment schedule is may exist in a variety of forms, local economy or otherwise enhance the established and at least one payment is including high levels of unemployment, economic prosperity of the area. EDA received, or low income levels, large concentrations will consider providing assistance to 3. Other arrangements satisfactory to of low income families, significant demonstration type projects that are DoC are made. Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13867 Applicants may be subject to a pre- Suspension’’ and the related section of Depending on the project location, award accounting system survey by the the certification form prescribed above environmental information concerning Department of Commerce’s Office of applies; specific projects can be obtained from Inspector General, and fund recipients b. Drug-Free Workplace—Grantees (as the Regional Environmental Officer may be subject to audits or other defined at 15 CFR Part 26, Section 605) (REO) in the appropriate EDA regional inspections by the same office. are subject to 15 CFR Part 26, Subpart office listed in Section XII or from Dr. Applicants eligible for additional F, ‘‘Governmentwide Requirements for Frank Monteferrante, Environmental grant assistance because of membership Drug-Free Workplace (Grants)’’ and the Branch, Compliance Review Division, in an economic development district related section of the certification form EDA, U.S. Department of Commerce, must be active participants in the prescribed above applies; Washington, DC 20230, (202) 482–4208. district’s economic development c. Anti-Lobbying—Persons (as defined Applicants should be aware that a planning process. at 15 CFR Part 28, Section 105) are false statement on the application is EDA will evaluate applications for subject to the lobbying provisions of 31 grounds for denial of the application or conformance with published statutory, U.S.C. 1352, ‘‘Limitation on use of termination of the grant award and regulatory, and policy requirements. appropriated funds to influence certain grounds for possible punishment by a Applications proposed for funding Federal contracting and financial fine or imprisonment as provided in 18 under these programs are subject to the transactions,’’ and the lobbying section U.S.C. 1001 and 42 U.S.C. 3220. requirements of Executive Order 12372, of the certification form which applies All nonprofit and for-profit applicants ‘‘Intergovernmental Review of Federal to applications/bids for grants, are subject to a name check review Programs.’’ cooperative agreements, and contracts process. Name checks are intended to EDA will not approve projects that for more than $100,000, and loans and reveal if any key individuals associated involve actual or potential conflict-of- loan guarantees for more than $150,000, with the applicant have been convicted interest situations. If EDA identifies or or the single family maximum mortgage of, or are presently facing, criminal suspects a possible conflict-of-interest limit for affected programs, whichever is charges such as fraud, theft, perjury, or situation, or an appearance of such, greater; and other matters which significantly reflect application processing and/or the grant d. Anti-Lobbying Disclosures—Any on the applicant’s management, honesty award may be suspended and the applicant that has paid or will pay for or financial integrity. burden will be on the applicant/grantee lobbying using any funds must submit to take appropriate steps to eliminate an SF–LLL, ‘‘Disclosure of Lobbying Application Procedures the perception or actual conflict of Activities,’’ as required under 15 CFR Applications are accepted on a interest before the application Part 28, Appendix B. continuous basis. Processing time for processing or award is resumed. Recipients shall require applicants/ applications will depend upon the Recipients must agree that no funds bidders for subgrants, contracts, completeness of the information and made available by EDA will be used, subcontracts, or other lower tier covered supporting documents provided in the directly or indirectly, for paying transactions at any tier under the award application at the time of submission. attorneys’ or consultants’ fees in to submit, if applicable, a completed Applications that require additional connection with securing awards made Form CD–512, ‘‘Certifications Regarding information from applicants or other by the Government, such as preparation Debarment, Suspension, Ineligibility sources will not be processed further of the application. However, attorneys’ and Voluntary Exclusion-Lower Tier pending correction of deficiencies, and and consultants’ fees incurred for Covered Transactions and Lobbying’’ the official application receipt dates will meeting award requirements, such as and disclosure form, SF–LLL, be adjusted accordingly. Normally, two conducting a title search or preparing ‘‘Disclosure of Lobbying Activities.’’ months are required for a final decision plans and specifications, may be eligible Form CD–512 is intended for the use of after the receipt of a completed project costs and may be paid out of recipients and should not be transmitted application that meets all EDA funds made available by EDA, if such to the Department. SF–LLL submitted requirements. Please see the specific costs are otherwise eligible. by any tier recipient or subrecipient program sections of this Notice for The total dollar amount of the indirect should be submitted to DoC in appropriate preapplication and costs proposed in an application under accordance with the instructions application procedures. Proponents any EDA programs must not exceed the contained in the award document. should contact the appropriate EDR (see indirect cost rate negotiated and Buy American-Made Equipment or Section XII) to obtain the necessary approved by a cognizant Federal agency Products—Applicants are hereby application forms. prior to the proposed effective date of notified that they will be encouraged, to An invitation to submit an application the award or 100 percent of the total the greatest extent practicable to does not assure EDA funding. Factors proposed direct costs dollar amount in purchase American-made equipment that will be considered in selecting the application, whichever is less. and products with funding provided proposals include if and to what extent Primary Applicant Certification—All under these programs in accordance the project meets the evaluation criteria primary applicants must submit a with Congressional intent as set forth in and ‘‘General Policies’’ described above. completed Form CD–511, the resolution contained in Public Law Project applications invited but not ‘‘Certifications Regarding Debarment, 103–317, Sections 607 (a) and (b). funded or denied in any fiscal year Suspension and Other Responsibility The implementing regulations of the remain eligible for funding Matters; Drug-Free Workplace National Environmental Policy Act consideration in the next fiscal year. Requirements and Lobbying,’’ and the (NEPA) require EDA to provide public Applications invited and received prior following explanations are hereby notice of the availability of project to the date of this Notice will be provided: specific environmental documents such processed and evaluated in accordance a. Nonprocurement Debarment and as environmental impact statements, with the project evaluation and Suspension—Prospective participants environmental assessments, findings of selection criteria published for FY 1994 (as defined at 15 CFR Part 26, Section no significant impact, records of and current legal requirements. Those 105) are subject to 15 CFR Part 26, decision etc., to the affected public as applications invited on or after the date ‘‘Nonprocurement Debarment and specified in 40 CFR 1506.6(b). of this Notice must be consistent with 13868 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices this Notice. Applicants whose projects program is authorized by Titles I and IV Funding Availability were invited but not submitted to EDA of the Public Works and Economic Funds in the amount of $195 million in FY 1994 should contact the Development Act of 1965, as amended are available for this program. Grants appropriate EDA regional office (PWEDA), 42 U.S.C. 3131 and 42 U.S.C. awarded under this program generally regarding the forms to be used for FY 3171(a)(3). range between $100,000 and $1.5 1995. Eligibility million. Selection Procedures Eligible applicants under this program Funding Instrument Generally, preapplications are include any state, or political EDA may provide direct grants not to reviewed by the Economic Development subdivision thereof, Indian tribe, the exceed 50 percent of the estimated cost Representative, the Project Review Federated States of Micronesia, the of the project. However, under certain Committee and then the Regional Republic of the Marshall Islands, the circumstances supplementary grants to Director. Based on the evaluation Commonwealth of Puerto Rico, the augment the direct grant may be criteria, general policies and availability Virgin Islands, Guam, American Samoa provided up to a maximum of 80 of funds, final funding decisions on all and the Commonwealth of the Northern percent of the eligible project costs. applications under Titles I and IX and Mariana Islands, or private or public Supplementary grant assistance to Title III, Local Technical Assistance and nonprofit organization or association finance over 50 percent of the project Planning, are made by the Regional representing any redevelopment area or costs will be approved by EDA only for Directors subject to such conditions as part thereof, provided such project is proposals in areas of high distress. the Assistant Secretary for Economic located within an eligible EDA area that Decisions on such supplementary grant Development may prescribe. All other is represented by the nonprofit assistance will be based on the nature of funding decisions are made by the organization or association. the project, the amount of fair user Assistant Secretary for Economic Eligible areas, other than those charges or other revenues the project Development. designated under the Public Works may reasonably be expected to generate, Recipients and subrecipients are Impact Program, must have a current and the relative needs of the area (see subject to all Federal laws and Federal EDA-approved Overall Economic 13 CFR 305.5). But in no event will the and DoC policies, regulations, and Development Program (OEDP). Political Federal participation exceed 80 percent procedures applicable to Federal entities claiming eligibility under of the aggregate cost of any such project, financial assistance awards. OEDPs developed by multicounty except as authorized by section 101(c) of Unsatisfactory performance under economic development organizations PWEDA of 1965, as amended, which prior Federal awards may result in an are expected to continue to participate permits EDA to waive the nonfederal application not being considered for actively in the organization. Further share under certain conditions. funding. information on eligibility is available Applicants are required to provide the If an application is selected for from EDA’s regional offices. Nonprofit local share from acceptable sources funding, EDA has no obligation to applicants are urged to seek the including, but not limited to cash, local provide any additional future funding in cooperation and support of units of government general obligation or connection with an award. Renewal of local government and, when deemed revenue bonds, Community an award to increase funding or extend appropriate by EDA, to have the local Development Block Grant (CDBG) the period of performance is at the total government serve as co-applicant for entitlement funds or balance of state discretion of EDA. EDA assistance. This ensures the awards, Farmers Home Administration Applicants should be aware that if financial stability and continuity of the loans, and other public and private they incur any costs prior to an award project, in the event that the nonprofit financing, including donations. The local share need not be in hand being made they do so solely at their entity finds itself in a position of not at the time of application, however, the own risk of not being reimbursed by the having the financial resources to applicant must assure EDA that the Government. Notwithstanding any properly and efficiently administer, funds will be available to provide the verbal or written assurance that may operate, and maintain the EDA-assisted nonfederal share of the project. The have been received, there is no facility consistent with the provisions of obligation on the part of EDA to cover local share must not be encumbered in 13 CFR 314–Property Management any way that would preclude its use pre-award costs. Standards. The following material describes consistent with the requirements of the other requirements, policies and Program Objective grant. procedures associated with each of The purpose of the Public Works Project Duration EDA’s programs. Program is to assist communities with Projects are expected to be completed II. Program: Public Works and the funding of public works and in a timely manner consistent with the Development Facilities Assistance development facilities that contribute to nature of the project. Normally, the the creation or retention of private maximum period for any financial (Catalog of Federal Domestic Assistance: sector jobs and to the alleviation of 11.300 Economic Development Grants and assistance that is provided shall be not Loans for Public Works and Development unemployment and underemployment. more than five (5) years from date of Facilities. 11.304 Economic Development Such assistance is designed to help award. Public Works Impact Program (PWIP)) 13 communities achieve lasting CFR Part 305 improvement by stabilizing and Evaluation Criteria diversifying local economies, and For both regular public works projects Authority improving local living conditions and and Public Works Impact Program Funds available under the Public the economic development of the area. (PWIP) projects, priority consideration Works and Development Facilities The alleviation of unemployment and will be given to those which are the Program are used to finance projects underemployment among residents of most competitive based upon the project that contribute to the economic the project area is a primary focus of evaluation criteria set forth below, that development of distressed areas. This this program. best meet the needs of eligible areas, Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13869 and that are located in areas of is not awarded or EDA requirements are 1. A detailed analysis of existing substantial economic distress. not met. EDA also requires that industrial park capacity and utilization; Evaluation criteria will not be assigned compliance with environmental occupancy rates for existing developed weights. Projects will be evaluated on regulations be completed before industrial parks currently available the basis of the elements listed below to construction begins. EDA’s regional within a 25-mile radius of the project meet the goals described above. office must have time to complete its site. For cities with populations over ‘‘Finding of No Significant Impact,’’ and 50,000, the prescribed area may be A. Public Works Projects clearances must be obtained from determined by an analysis of industrial Factors that will be taken into account appropriate state and Federal agencies. sites within an established industrial in considering projects eligible under Furthermore, EDA may view the start of area, which may be less than a 25-mile section 101(a)(1)(A)—(C) of PWEDA, 42 construction prior to grant award as an radius. Contact the economic U.S.C. 3131(a)(1)(A)—(C), include if and indication that the grant funds are not development representative (EDR) for to what extent the project: essential for the successful the area or the appropriate EDA regional 1. Improves opportunities for the implementation of the project. office for guidance. successful establishment or expansion 12. If located in an Economic 2. Commitments in writing from of industrial or commercial facilities in Development Center (i.e., Growth identified tenants to expand existing the area where such project will be Center) that has a stable economy with operations or to locate in the industrial located. little distress, includes an employment park or site. Commitments should 2. Is consistent with the EDA plan that explains how new include a description of the industry, approved Overall Economic employment opportunities for residents the number of jobs created or saved, an Development Program (OEDP) for the of nearby highly distressed implementation schedule, and the area in which it is, or will be, located, redevelopment areas will be provided. relationship of the commitment to the and has broad community support. requested grant assistance. 3. Assists in creating or retaining B. Public Works Impact Program 3. The existence of a documented private sector jobs in the near term and Factors that will be considered in the marketing strategy and demonstrated assists in the creation of additional long- evaluation of projects under the Public financial ability to market space in the term employment opportunities, Works Impact Program (PWIP) industrial park or site. Strong emphasis provided the jobs are not transferred authorized by section 101(a)(1)(D) of will be placed upon this evaluation from any other area of the United States, PWEDA, 42 U.S.C. 3131(a)(1)(D), criterion. and will result in a low cost-per-job in include if and to what extent the relation to total EDA cost. project: Construction Project Implementation 4. Benefits the long-term unemployed 1. Directly assists in creating As indicated in the first section of this and members of low-income families immediate useful work (i.e., Notice, EDA expects construction who are residents of the area to be construction jobs) for the unemployed projects to be initiated and completed in served by the project. and underemployed residents in the a timely manner and in accordance with 5. Fulfills a pressing need of the area, project area; the schedule agreed upon in the grant or part thereof, in which it will be 2. Improves the economic or documentation. located. community environment in areas of Under most circumstances, EDA will 6. Is supported by significant private severe economic distress; not provide additional funds to finance sector investment. 3. Includes a specific plan (i.e., PWIP cost overruns that occur during project 7. Has evidence of adequate local Employment Strategy) for hiring the implementation. share of funds. unemployed and underemployed Proposal Submission Procedures 8. Supports developments taking persons from the project area to work on place in designated empowerment the construction of the project; EDA will To establish the merits of project zones/enterprise communities. evaluate all plans to ensure that they proposals, interested parties should first 9. Demonstrates that necessary contain a logical explanation of how the contact the economic development permits, land acquisitions, or options on employment objectives will be met; representative (EDR) for the area (see land and rights-of-way have been or will 4. Assists in providing long-term listing in Section XII). The economic be obtained and that all other legal employment opportunities or other development representative for the area requirements of the application process economic benefits for the unemployed will provide a preapplication form (ED– have been satisfied. and underemployed in the project area; 101P, OMB Control No. 0610–0011) and 10. Maximizes the amount of local, 5. Primarily benefits low-income arrange for conferences to discuss the state or other Federal funding that is families by providing essential proposal. EDA will evaluate proposals available. community services, or satisfying a before inviting the submission of an 11. Gives evidence of the ability to pressing public need; application. As previously mentioned, begin and complete construction in a 6. In addition to the requirement for an invitation to submit an application timely manner in accordance with a regular public works projects, as does not assure EDA funding. Proposals schedule to be agreed upon by EDA and contained in paragraph A 11., can begin will be evaluated based upon: the applicant and included in the grant construction quickly (normally within 1. Conformance with the evaluation award. EDA discourages the start of 120 days after acceptance of the grant by criteria mentioned above; construction prior to grant award and the applicant); 2. Merits of the proposal in addressing cautions that financial hardship may be 7. Has significant labor intensity, the economic development needs of the experienced by applicants whose where labor intensity is the proportion eligible area; and projects are not approved. EDA will of labor costs to the total project costs. 3. The availability of program funds. require all applicants that request Processing time for project proposals approval to proceed with construction C. Industrial Park Projects depends upon the completeness of prior to grant award to acknowledge that Projects that will primarily serve an information and supporting documents they are proceeding at their own risk industrial park or site may be evaluated provided in the preapplication form at and without recourse to EDA if the grant on such additional factors as: the time of submission. Project 13870 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices proposals that require additional prevent conditions of excessive 5. Benefits severely distressed areas, information from applicants or other unemployment or underemployment both rural and urban counties and sources will not be processed further and problems of economically communities. until deficiencies are corrected. distressed populations in rural and 6. Diversifies distressed rural and urban areas. urban economies by means of Application Procedures empowerment zones, enterprise Funding Availability Following a review of project communities and other strategies. proposals, EDA will invite entities Funds in the amount of $1.5 million 7. Demonstrates innovative whose projects are selected for are available for the Local Technical approaches to stimulating economic consideration to submit applications Assistance Program. It is expected that development in depressed areas. EDA is within 30 days after receipt of an these funds will be made available for particularly interested in receiving invitation letter. The application will projects serving specific local or innovative proposals in the following include a form ED–101A, as approved substate areas and also for projects areas: by the Office of Management and whose impacts will affect multistate a. Export development used as an Budget Control No. 0610–0011. The areas within EDA regional office economic development strategy; demand for public works assistance is boundaries. Individual award amounts b. Assistance to business in uses of expected to exceed available funding. have averaged $25,000 in recent years. technology; and The processing of applications that c. Sustainable development. cannot be recommended for approval Funding Instrument 8. Is consistent with the EDA within 60 days of receipt in a regional EDA will provide grants and approved Overall Economic office because of unresolved issues will cooperative agreements not to exceed 75 Development Program (OEDP) for the be suspended. Such applications may be percent of the proposed project costs. area in which the project is located and reconsidered at a future date, but must Applicants are expected to provide the has been recommended by the OEDP compete with other applications for the remaining share, preferably in cash. The Committee (if appropriate to the nature funds available at that time. Assistant Secretary may waive all or of the project). 9. Presents an appropriate and clear Further Information part of the 25 percent share of technical assistance grants, if he/she determines project design. For further information contact the that the nonfederal share is not 10. Is proposed by organization or appropriate EDA regional office or reasonably available because of the individual(s) with the capacity, economic development representative critical nature of the situation requiring qualifications and staff necessary to for your area (see Section XII of this technical assistance or for other good undertake the intended activities. Notice). cause. 11. Presents a reasonable, itemized budget for the proposed activities. III. Program: Local Technical Project Duration 12. Involves a significant (preferably Assistance Assistance will be for the period of cash) contribution in excess of (Catalog of Federal Domestic Assistance: time required to complete the scope of minimum required from applicant or 11.303 Economic Development-Technical the work. This typically does not exceed other nonfederal sources. Assistance) 13 CFR Part 307, Subpart A twelve months. Pre-Application Procedures Authority Evaluation Criteria Parties seeking support for Local Funds under the Local Technical Technical Assistance projects should Evaluation criteria will not be Assistance Program are awarded to contact the economic development assigned weights. Projects will be eligible applicants to provide assistance representative (EDR) for the area to evaluated on the basis of the elements intended to assure the successful discuss their proposal. (See EDR listing listed below in order to meet the goals initiation and implementation of area, in Section XII of this announcement.) described above. Evaluation criteria state, and regional development efforts EDA will evaluate all proposals as include whether the local Technical designed to alleviate economic distress. they are received and invite Assistance proposal: This program is authorized under applications for those which best satisfy Section 301(a) of the Public Works and 1. Produces strong evidence that the the evaluation criteria. An invitation Economic Development Act of 1965, as proposed project will lead to the near- does not, however, assure EDA funding. amended, 42 U.S.C. 3151(a). term (between one and five years) Potential applicants should submit generation or retention of private sector one original and two copies of a brief Eligibility jobs. and concise proposal, not to exceed 20 Eligible applicants for Local 2. Does not depend upon further EDA pages. Vita and capability information Technical Assistance grants or or other Federal funding assistance to may be appended. cooperative agreements include public achieve results. or private nonprofit national, state, area, 3. Strengthens the capability of state Proposal Submission Procedures district, or local organizations; public and local organizations and institutions, Potential applicants must submit to and private colleges and universities; including nonprofit development the appropriate EDR proposals that Indian tribes, local governments, and groups, to undertake and promote include: state agencies. In certain circumstances, effective economic development 1. A cover page giving a short applications may be considered from programs targeted to people and areas of descriptive project title, the name and other applicants such as private distress. address of the applicant organization, individuals, partnerships, firms, and 4. Stimulates significant private and the name and telephone number of the corporations. nonfederal public investment for project director, the project duration, economic development purposes, total project cost, the amount of EDA Program Objective including funds from commercial funds requested, and the program (Local The Local Technical Assistance lenders, public and private pension Technical Assistance) from which EDA Program is designed to help alleviate or funds and other nontraditional sources. funds are being requested; Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13871 2. A brief section indicating why the IV. Program: National Technical the work. Generally, this will not exceed project is needed, giving its objectives, Assistance fifteen months. and providing a capsule description of (Catalog of Federal Domestic Assistance: Evaluation Criteria the project; 11.303 Economic Development-Technical 3. A more detailed description of the Assistance) 13 CFR Part 307, Subpart A Evaluation criteria will not be project and its methodology; assigned weights. Projects will be 4. A work plan showing different Authority evaluated on the basis of the elements phases of the project and their timing; Funds under the National Technical listed below in order to meet the goals 5. A detailed budget, not to exceed Assistance Program are awarded to described above. EDA will consider one page, showing cost breakdowns, eligible applicants who will offer proposals for National Technical with EDA-funded and non-EDA-funded assistance to local, regional and state Assistance that include whether the costs presented in separate columns and organizations, and/or conduct proposal: with the EDA-funded costs adding to demonstrations of and disseminate 1. Effectively supports, through the total shown on the cover page; information about innovative providing information and other means, 6. Resumes for the project director development techniques designed to the capability of state and local and principal staff; and alleviate economic distress. This organizations and institutions, 7. A corporate or institutional program is authorized under Section including nonprofit development capability statement, where appropriate. 301(a) of the Public Works and groups, to undertake and promote effective economic development Parties seeking support for projects Economic Development Act of 1965, as programs targeted to people and areas in where impacts will cross EDA regional amended, 42 U.S.C. 3151(a). boundaries should submit proposals to distress. the Director, Technical Assistance and Eligibility 2. Demonstrates innovative Research Division, Economic Eligible applicants for National approaches to stimulating economic Development Administration, Room Technical Assistance grants or development in one or more of the 7315, U.S. Department of Commerce, cooperative agreements include public following: a. Assistance to business in Washington, DC 20230. Individuals or or private nonprofit national, state, area, implementing technology initiatives organizations located outside the district, or local organizations; public including innovations, transfer, and Washington, DC, metropolitan area and private colleges and universities; commercialization including high value should submit a copy of the letter Indian tribes, local governments, and transmitting their proposal to manufacturing through collaboration; state agencies. In certain circumstances, b. Export assistance; Washington, and to the EDR for the area applications may be considered from in which they are located. c. Entrepreneurship assistance; other eligible applicants such as private d. Sustainable development and Application Procedures individuals, partnerships, firms, and growth management; corporations. e. Empowerment zones/enterprise The appropriate EDA regional office communities; will invite entities whose proposals for Program Objective f. Defense conversion and industrial Local Technical Assistance projects are The National Technical Assistance restructuring; selected for further consideration to Program is designed to help alleviate or g. Assistance to colleges and submit application packages. The prevent conditions of excessive universities, including community application will include a Standard unemployment or underemployment colleges in implementing technology Form-424 (OMB Control No. 0348– and to address problems of and/or developing curricula for 0043). economically distressed populations. economic development; and Eligibility for Specific Solicitations Funding Availability h. Other relevant economic development issues. EDA may, during the course of the Funds in the amount of $1.85 million 3. Presents an appropriate and clear year, identify specific economic are available for the National Technical project design. development technical assistance Assistance Program. Individual award 4. Is proposed by organizations with activities it wishes to have conducted. amounts may vary and generally will the capacity, qualifications, and staff Organizations and individuals not exceed $200,000. necessary to undertake the intended interested in being invited to respond to Funding Instrument activities. Solicitations of Applications (SOAs) to 5. Presents a reasonable, itemized conduct such work should submit EDA will provide grants not to exceed budget for the proposed activities. information on their capabilities and 75 percent of proposed project costs. experience to the Director, Technical Applicants are expected to provide the Pre-Application Procedure Assistance and Research Division, remaining share. In cases where EDA Potential applicants should submit Economic Development Administration, issues a Solicitation of Applications, an one original and two copies of a brief Room 7315, U.S. Department of applicant’s share may not be required. and concise proposal, not to exceed 20 Commerce, Washington, DC 20230. The Assistant Secretary may waive all pages. Vita and capability information or part of the 25 percent nonfederal may be appended. Further Information share of technical assistance grants, if Proposals should include: For further information about Local he/she determines that the nonfederal 1. A cover page giving a short Technical Assistance projects contact share is not reasonably available descriptive project title, the name and the appropriate EDR. (See EDR listing in because of the critical nature of the address of the performing organization, Section XII of this announcement.) For situation requiring technical assistance the name and telephone number of the further information about submitting or for other good cause. project director, the project duration, projects whose impact will cross EDA the project costs, the amount of EDA regional office boundaries, contact the Project Duration funds requested, and the program National Technical Assistance Assistance will be for the period of (National Technical Assistance) from Coordinator, telephone (202) 482–2127. time required to complete the scope of which EDA funds are being requested; 13872 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 2. A brief scope-and-objectives section selected colleges and universities Award Period indicating why the project is needed, mobilize their own and other resources The project period for grants awarded giving its objectives, and providing a to assist in the economic development under this program generally will not capsule description of the project; of distressed areas. The efforts of exceed twelve months. 3. A more detailed description of the university centers should focus on project and its methodology; helping public bodies, nonprofit Indirect Costs 4. A work plan showing different organizations and businesses plan and EDA encourages applicants to waive phases of the project and their timing; implement activities designed to indirect costs for this program. No more 5. A detailed budget, not to exceed generate jobs and income. In addition, than 20 percent of the Federal grant and one page, showing cost breakdowns, funds may be used for projects which the minimum nonfederal share may be with EDA-funded and non-EDA-funded promote the goals of the University allocated for indirect costs. costs presented in separate columns and Center program in other ways that with the EDA-funded costs adding to demonstrate innovative economic Application Procedures the total shown on the cover page; development. Support for these types of The appropriate EDA regional office 6. Resumes for the project director projects is authorized under Section will invite entities whose proposals for and principal staff; and 301(a) of the Public Works and University Center Technical Assistance 7. A corporate or institutional Economic Development Act of 1965, as projects are selected for further capability statement, where appropriate. amended, 42 U.S.C. 3151(a). consideration to submit application Proposals should be submitted to the Eligibility packages. The application will include Director, Technical Assistance and a Standard Form 424 (OMB Control No. Research Division, Economic Eligible applicants for University 0348–0043). Development Administration, Room Center grants are public and private Project Funding Priorities 7315, U.S. Department of Commerce, colleges and universities, associations Washington, DC 20230. representing such institutions, and other Innovative proposals with a variety of Application Procedures organizations with expertise in economic development foci are University Center program issues. welcome. However, applicants should The Technical Assistance and note that EDA will not award University Research Division will invite entities Program Description Center Technical Assistance program whose proposals for National Technical funds to provide general business Assistance projects are selected for This program helps educational institutions establish and maintain assistance (e.g., preparing business further consideration to submit plans) in areas served by Small Business application packages. Such invitation, outreach programs which permit them to be active and on-going participants in Development Centers (SBDCs), Minority however, does not assure EDA funding. Business Development Centers The application will include a Standard economic development. The objective of the program is to use the resources of (MBDCs), or Trade Adjustment Form-424 (OMB Control No. 0348– Assistance Centers (TAACs). Most 0043). the educational institutions to provide technical assistance to alleviate or successful proposals funded in the Eligibility for Specific Solicitations prevent conditions of excessive recent past have emphasized providing technical assistance to public sector and EDA may, during the course of the unemployment or underemployment nonprofit organizations related to year, identify additional specific and problems of distressed populations economic development planning and economic development technical in individual states or substate areas. projects, or helping private sector firms assistance activities. Organizations and The technical assistance provided under use technology to solve manufacturing individuals interested in being invited this program must be directed to clients or processing problems. to respond to Solicitations of outside the institution of higher Applications (SOAs) to conduct such education. Evaluation Criteria work should submit information on Funding Availability For existing University Centers, EDA their capabilities and experience to the will primarily consider past Director, Technical Assistance and The FY 1995 budget for this program performance in determining whether to Research Division, Economic is $7.57 million. While the expected continue the award and the amount of Development Administration, Room funding range for each award is $75,000 funding to be offered. In evaluating a 7315, U.S. Department of Commerce, to $150,000, circumstances may warrant proposal for new University Center Washington, DC 20230. funding projects at higher or lower funding, EDA will consider the levels. In FY 1994, EDA provided Further Information elements listed below. Evaluation funding to 66 colleges and universities criteria are not assigned weights, as all For further information about under this program. Since most of them factors are equally important and National Technical Assistance projects are expected to seek continuation contribute to the overall goals described contact the Technical Assistance and funding, it is unlikely that any new above. Research Division, telephone (202) 482– University Centers will be funded in FY 1. Addresses the economic 2127. 1995. development needs of the service area; V. Program: University Center Matching Requirements 2. Complements the activities of other Technical Assistance Projects organizations in the proposed service A minimum match, equal to 25 area that are engaged in economic (Catalog of Federal Domestic Assistance: percent of the total project cost, is 11.303 Economic Development-Technical development; Assistance) 13 CFR Part 307, Subpart A required. 3. Has the commitment of the highest Type of Funding Instrument management levels of the sponsoring Authority institution; Funds for the basic University Center This program uses grants as its 4. Provides evidence of adequate projects are used as seed money to help funding instrument. nonfederal financial support, either Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13873 from the sponsoring institution or other funding will be notified of the amount designed to create or retain full-time sources; of the required nonfederal share and permanent jobs and income, particularly 5. Outlines activities consistent with provided with additional program for the unemployed and underemployed the expertise of the proposed University guidance. in the most distressed areas served by Center staff and the academic programs Proposal Submission Procedures for the applicant. Planning activities and other available resources within the New Basic Grants supported by these program funds must sponsoring institution; be part of a continuous process 6. Complements and supports the Institutions seeking funding for a involving significant leadership by local, regional or state economic University Center should submit a public officials and private citizens. development strategies in the service proposal describing the activities to be area; carried out with the grant funds, to the Funding Availability 7. Presents a reasonable budget, appropriate EDA regional office, or to Funds in the amount of $21.484 including both the Federal and the EDR for the area. (See EDA regional million are available in two categories: nonfederal shares; office and EDR listing in Section XII of Districts/Areas (Category A)—$18.583 8. Documents past experience of the the announcement.) million; and Indian tribes (Category B)— sponsoring institution in operating Further Information $2.901 million. Individual awards may technical assistance programs; and vary but generally will not exceed 9. Adds to the geographic distribution For further information about the $57,000. of University Centers across the country. University Center Technical Assistance All proposals must include a work program contact the appropriate Funding Instrument program organized under the following regional office or EDR (Section XII) or Grant assistance can be provided for categories: (1) providing technical the University Center Coordinator, up to 75 percent of project costs for assistance; (2) conducting applied Technical Assistance and Research Category A grants with the applicant research; and (3) disseminating results Division, Economic Development required to provide the remaining share of the University Center activities. For Administration, Room H7315, U.S. from local (non-federal) sources. this program, technical assistance is Department of Commerce, Washington, Category B grant assistance may be defined as an activity carried out by the D.C. 20230, telephone (202) 482–2127. provided for up to 100 percent of project University Center in response to a direct VI. Program: Planning Assistance for costs. request from a client outside the Economic Development Districts, Project Duration sponsoring educational institution. Indian Tribes, and Redevelopment Applied research is defined as an Areas Assistance will normally be for a economic development activity period of twelve months. undertaken by the University Center at (Catalog of Federal Domestic Assistance: 11.302 Economic Development—Support for Evaluation Criteria its own initiative. Planning Organizations) 13 CFR Part 307, Evaluation criteria will not be All proposals must include Subpart D quantitative and qualitative evaluation assigned weights. EDA will consider the criteria for each activity listed under the Authority elements listed below in order to three categories of the work program. evaluate funding requests. Funds under this program are 1. The responsiveness of the proposed These criteria, when accepted by EDA, awarded to defray administrative work program to the program will be the primary guide used in expenses in support of the economic regulations contained in 13 CFR 307.22; evaluating the performance of the development planning efforts of 2. Past performance of any currently University Center. economic development districts funded grantee (including information All proposals must include a program (Districts), redevelopment areas (Areas) provided in scheduled progress reports); budget that, at a minimum, indicates the and Indian tribes. This program is 3. The economic distress of the area Federal and nonfederal funds allocated authorized under Section 301(b) of the served by the applicant; to each of the three work program Public Works and Economic 4. Management and staff capacity and categories. At least 70 percent of the Development Act of 1965, as amended, qualifications in economic program/ direct costs of the project budget must 42 U.S.C. 3151(b). policy development and operations; be allocated to the first category of the Eligibility 5. The local leaders’ involvement in work program, providing technical the applicant’s economic development assistance to clients outside the Eligible applicants are economic activities; and sponsoring institutions. development districts, redevelopment 6. Priority consideration will be given areas, organizations representing to currently funded grantees. Selection Procedures redevelopment areas (or parts of such The EDA regional offices review the areas), Indian tribes, organizations Proposal Submission Procedures proposals and make recommendations representing multiple Indian tribes, the Application procedures may be for funding of new grants to the Federated States of Micronesia, the obtained from EDA’s regional offices for Assistant Secretary for Economic Republic of the Marshall Islands, the the following: Development, who makes the final Commonwealth of Puerto Rico, the U.S. a. Currently funded planning decisions based on the relative merits of Virgin Islands, Guam, American Samoa, grantees; and the applications. and the Commonwealth of the Northern b. Proposals from applicants not Mariana Islands. currently funded under Categories A or Proposal Submission Procedures for B, that would fit into either of those Continuation Grants Program Objective categories. Each existing University Center will The primary objective of planning Eligible applicants under both be notified by the appropriate regional assistance for administrative expenses Categories A and B should submit office of its eligibility for continuation under section 301(b) is to support the proposals which include: funding. At that time, University formulation and implementation of 1. A letter signed by the chief elected Centers eligible for continuation economic development programs official (Chairman of the Board, Tribal 13874 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Chairman) or another legally authorized administrative expenses in support of sustainable growth, as well as efforts official of the applicant stating the economic development planning efforts that lend themselves to replication in organization’s desire to receive funds to of eligible applicants. This program is other areas. carry out the types of planning and authorized under Section 302(a) of the Funding Availability administrative activities eligible under Public Works and Economic the 301(b) program. Development Act of 1965, as amended, Funds in the amount of $4.87 million 2. Significant, verifiable information 42 U.S.C. 3151a. are available for providing grant on the level of economic distress in the Eligibility assistance under this program. area, including unemployment and Individual grants under this program income data. Any major changes in Eligible applicants under this program generally will range between $50,000 to distress levels during the past year are the governors of states, the chief $200,000. should be described. executive officers of cities and counties, 3. A work program outlining the and substate planning and development Funding Instrument specific development activities that will organizations (including redevelopment Grant assistance may be provided for be carried out under the grant and areas and economic development up to 75 percent of project costs. explaining how they relate to the districts). Applicants will be required to provide problems identified in the area OEDP, Program Objective the remaining share, preferably in cash. annual report, or other documents. Applications for grants exceeding The primary objective of planning New applicants should submit one $200,000 may be given low funding assistance under section 302(a) is to copy of the proposal to the appropriate priority. EDA may consider proposals strengthen significant economic economic development representative, for smaller grants to support the development planning capability and and an original and one copy to the aforementioned appropriate activities. appropriate EDA regional office. initiatives of eligible applicants to Addresses of the EDA regional offices ensure a more productive use of Project Duration available resources in reducing the and listing of the economic Assistance will be for the period of effects of economic problems, development representatives are found time required to complete the work. particularly in those areas experiencing in Section XII of this Notice. This period is normally 12 to 18 severe economic distress. Formal Application Procedures Assistance must be part of a months. If Congress makes funds continuous process involving significant available for this program in subsequent EDA regional offices will contact years, grantees may submit applications currently funded grantees to inform local leadership from public officials and private citizens and should include for appropriate projects for up to a total them of the procedures for submitting of three awards. applications for continuation funding. efforts to reduce unemployment and Following review of the proposals increase incomes. These efforts should Evaluation Criteria submitted, EDA will invite those be systematic and coordinated, when applicable, with other planning Evaluation criteria will not be selected for funding consideration to assigned weights. Projects will be submit formal applications. Funding organizations in the area, and should strengthen the planning capabilities of evaluated on the basis of the elements levels will be determined by the listed below to meet the goals described economic distress and need of the area applicants. Activities eligible for support include above. The content of the development served by the applicants, past economic analysis, definition of plan and overall quality of the proposal performance of previously funded development goals, determination of and the economic distress of the area grantees, and availability of program project opportunities, development of will be the principal factors considered funds. The application will include an economic development policies, in evaluating proposals from eligible SF–424 (approved by the Office of processes and procedures, and entities. In assessing the distress factor, Management and Budget Control No. formulation and implementation of an priority consideration will be given to 0348–0043), proposed budget, scope of economic development program. proposals from states and urban areas work and staffing plan. Planning program funds will not be experiencing substantial economic Further Information used to provide support to activities that distress. In the case of urban areas, high priority will be given to those with For further information contact the more appropriately meet the criteria for funding under the EDA Technical unemployment rates two or more appropriate economic development percentage points higher than the U.S. representative, EDA regional office (see Assistance programs. EDA is interested in proposals for average and per capita income levels 80 Section XII of this Notice), or the planning activities designed to address percent or less of the U.S. average. For Director, Planning Division, Economic problems of economically-distressed states, high priority will be given to Development Administration, Room segments of the population. Funding those that meet both of the above 7319, U.S. Department of Commerce, priority will be given to proposals criteria, as well as those that meet one Washington, DC 20230; telephone (202) promoting exports; entrepreneurship; of the above criteria and have distress 482–3027. and technology initiatives including equal to or greater than the national VII. Program: Planning Assistance for innovation, transfer, commercialization, level for the other criterion. The most States and Urban Areas high value manufacturing through recent per capita income and 24-month collaboration, or that reduce barriers to average unemployment data available (Catalog of Federal Domestic Assistance: will be used to measure economic 11.305 Economic Development—State and the development of new businesses. In Urban Area Economic Development the case of proposals from states, EDA distress. Planning) 13 CFR Part 307, Subpart D is particularly interested in innovative Proposals from states or urban areas approaches to planning and which do not exhibit significant distress Authority implementing economic development on the basis of unemployment or Funds under the State and Urban initiatives such as tourism development, income data will not be considered Planning Program are awarded to defray manufacturing technology, and unless other acceptable evidence of Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13875 substantial distress is provided by the of interest displayed by the chief 7319, U.S. Department of Commerce, applicant. executive. Washington, DC 20230; telephone (202) Proposals from states and urban areas 4. A time chart showing all major 482–3027. which are both below the U.S. national work program elements, projected unemployment rate and above the element start and completion dates, and VIII. Program: Research and Evaluation national per capita income are unlikely the related financial expenditures Projects to be funded. programmed for each work element. (Catalog of Federal Domestic Assistance: Proposals will be evaluated on the 5. A work program of no more than 11.312 Economic Development—Research basis of the elements listed below. 10 pages which outlines the specific and Evaluation Program) 13 CFR Part 307, 1. Appropriateness of the work planning activities that will be carried Subpart C program to the section 302(a) program out under the grant and specifies which objectives; activities will be handled by in-house Authority 2. The economic distress of the area staff, consultants, etc. The work Funds under the Research and served by the applicant; program should also explain the Evaluation Program are used to support 3. Extent to which the proposed analysis and basis of the need for the studies that will increase knowledge planning activities are expected to proposed activities, expected impacts about the causes of economic distress impact upon the service area’s economic and their timing, target population(s), and approaches to alleviating such development needs, and the extent to and involvement of the private sector in problems. This program is authorized which the proposal addresses the the proposed activities. under Section 301(c) of the Public problems of the unemployed and Current grantees seeking additional Works and Economic Development Act underemployed of the area, including funding under this announcement of 1965, as amended, 42 U.S.C. 3151(c). minorities, workers displaced by plant should comply with the instructions of closings, etc.; this notice. Current grantees must also Eligible Applicants 4. The proximity of the performing include a 3–5 page progress report for office to the chief executive (i.e., the current grant when they submit the Eligible applicants for research and likelihood that the activities will have a proposal and at the time they forward evaluation grants or cooperative significant influence on the policy and the formal application. agreements include private individuals, decision making process); One copy of the proposal should be partnerships, corporations, associations, 5. Past performance of currently or sent to the appropriate economic colleges and universities, and other formerly funded grantees, when development representative, and an suitable organizations with expertise applicable; original and one copy to the appropriate relevant to economic development 6. The amount of local participation EDA regional office. The EDA regional research. provided as matching dollars to the office and the name, address and Program Objective Federal funds; and telephone number of the economic 7. Other characteristics, such as development representative for the The objectives of section 301(c) grants involvement of the private sector applicant’s area can be found in Section and cooperative agreements are the businesses and professional groups in XII of this Notice. following: the proposed activities, and particularly 1. To determine the causes of for states, the innovativeness of the Formal Application Procedures unemployment, underemployment, proposed approach and replicability of EDA will evaluate proposals using the underdevelopment, and chronic the model process or results. selection criteria cited above. Once the merits of the proposal are established, depression in various areas and regions Proposal Submission Procedures EDA will initiate discussions with the of the Nation. Potential applicants should submit prospective applicant to clarify and 2. To assist in the formulation and proposals that include: improve elements of the proposal, if implementation of national, state, and 1. A letter, signed by the chief necessary, and will invite those whose local programs that will raise executive of the applicant organization, proposals are selected for funding employment and income levels and indicating a desire to receive funds to consideration to submit formal otherwise produce solutions to carry out the planning activities applications, which will include an SF– problems resulting from the above outlined in the proposal; where the 424 (OMB Control No. 0348–0043), conditions. funded planning program will be placed scope of work, proposed budget, staffing 3. To evaluate the effectiveness of in the organization, including the name plan and other requested information. It programs, projects, and techniques used and title of the person to be responsible should be noted that an invitation to to (a) alleviate economic distress and (b) for program implementation; the submit a proposal does not assure EDA promote economic development. amount and for what period funding is funding. Applications will be processed being requested; and the anticipated as they are received. Applications Funding Availability funding arrangement if the planning received after FY 1995 funds are Funds in the amount of $500,000 are activity is to continue beyond the period exhausted may be retained by EDA for available for this program. Funds will be of EDA support. consideration for funding the following used for projects selected through the 2. Significant, verifiable information fiscal year, assuming funds are application procedures described below on the level of economic distress in the available. area, including unemployment and and through EDA-initiated solicitations. income data. Any major changes in Further Information Individual awards may vary but distress levels during the past year For further information contact the generally will not exceed $100,000. should be described. appropriate economic development Funding Instrument 3. Information indicating the representative, EDA regional office (see applicant’s commitment to the proposed Section XII of this Notice), or the EDA will provide grants and work program as demonstrated by Director, Planning Division, Economic cooperative agreements covering up to amount of local funding and the degree Development Administration, Room 100 percent of project costs. 13876 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices Project Duration Proposal Submission Procedures Eligibility for Specific Solicitations Assistance under this program will Potential applicants should submit In addition to using research and normally be for a period not exceeding one original and two (2) copies of a brief evaluation funds to support proposals 15 months. and concise proposal, not to exceed 20 submitted under the procedures pages, and vita and capability described above, EDA may during the Evaluation Criteria information. Proposals should avoid fiscal year identify other studies, To meet the goals described above, long background discussions and including program evaluations, for EDA will use the following unweighted literature surveys, but should be funding consideration. criteria to evaluate research and reasonably detailed, particularly in Organizations and individuals evaluation proposals: explaining value to EDA, methodology, interested in being invited to respond to 1. Suitability of the subject. and data sources. Solicitations of Applications (SOAs) to 2. Potential usefulness of the research Each proposal should include: conduct such studies should submit to state and local economic 1. A cover page stating that funding is information on their capabilities and development officials and specialists. sought under EDA’s Research and experience to the address listed above. 3. General quality and clarity of the Evaluation program, giving a short This information will be used to proposal. descriptive project title, the name and determine eligibility to compete for 4. Soundness and completeness of the address of the performing organization, projects under specific SOAs. research methodology. the names and telephone numbers of the Further Information 5. Qualifications of principal project director and principal investigator(s) and, where appropriate, investigators, the project duration, the For further information, contact the performing organization(s). amount of EDA funds requested, and Director, Technical Assistance and 6. Previous performance of principal total project cost; Research Division, at the above address; investigator or performing organization 2. A brief scope-and-objectives section telephone, (202) 482–4085. on EDA-funded projects, if applicable. indicating why the project is needed, 7. Cost and value of proposed product IX. Program: Economic Adjustment giving its objectives, and providing a in relation to cost. Assistance (Title IX) EDA is interested in receiving capsule description of the project; 3. A more detailed description of the (Catalog of Federal Domestic Assistance No. proposals dealing with: project and its methodology; 11.307 Special Economic Development and 1. Employment and unemployment; Adjustment Assistance Program—Long-Term 2. Income and poverty; 4. A work plan showing different Economic Deterioration (LTED) and Sudden 3. Rural and nonmetropolitan phases of the project and their timing; and Severe Economic Dislocation (SSED)) 13 economic development; 5. A detailed budget, not to exceed CFR Part 308 two pages, showing cost breakdowns, 4. Urban economic development; Authority 5. Regional and local growth and with EDA-funded and non-EDA-funded competitiveness; costs presented in separate columns, Funds under the Economic 6. Industrial location, industrial where applicable, and with the EDA- Adjustment Program are used to assist networks, and industrial clustering; funded costs adding to the total shown areas experiencing changes in their 7. Sustainable development and on the cover page; economic situation which are causing, growth management; 6. Resumes for the project director or threaten to cause, serious structural 8. Minority businesses and and principal investigators; and damage to the underlying economic employment; 7. A corporate or institutional base. Such changes may occur suddenly 9. Export development; capability statement, where appropriate. or over time, and result from industrial 10. Development finance; and The cover letter accompanying the or corporate restructuring in response to 11. Productivity and technology. proposal should inform EDA of whether technological advancements or changes Requests should be for specific, well- any other organization(s) or Federal in the marketplace, new Federal laws or defined, one-time research projects. agency(ies) is or will be considering the requirements, reductions in defense EDA research grants are not intended for proposal. Any non-EDA contributions to expenditures, depletion of natural support of continuing programs the project, whether by the performing resources and natural disasters. Strategy (permanent research programs, organization or third parties, should be grants provide the resources for publication and information programs, identified. organizing and conducting a strategic periodic forecasts, etc.), or for non- The deadline for receipt of proposals planning process and Implementation research activities. EDA normally will be three months after the date of grants support one or more activities prefers research of broad geographic this announcement. identified in an adjustment strategy scope, that covers the whole country or Proposals should be submitted to the approved, though not necessarily a large multistate region, as opposed to Director, Technical Assistance and funded by EDA. Such activities include research covering (in declining order of Research Division, Economic but are not limited to: the creation or preference) a small region, a state, a Development Administration, Room expansion of strategically targeted multicounty area, or a single city or 7315, U.S. Department of Commerce, business development and financing county. Preference will be given to Washington, DC 20230. programs, infrastructure improvements, practical cause-and-effect research and Formal Application Procedures organizational development, and market descriptive analyses, and funding for or industry research and analysis. This such will receive higher priority than EDA will evaluate the proposals as program is authorized under Title IX of theoretical studies, modeling (other than they are received using the selection the Public Works and Economic for hypothesis testing), etc. Economic criteria described above. Organizations Development Act of 1965, as amended, development planning and technical and individuals whose proposals are 42 U.S.C. 3241–3245. assistance will not be funded under the selected for further consideration will Research and Evaluation Program; the be invited to submit an application. The Program Objective Planning and Technical Assistance formal application will include an SF– The purpose of the Economic Programs are for those purposes. 424 (OMB Control No. 0348–0043). Adjustment Program is to enable Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13877 communities in affected areas to meet awards; and other public and private unemployment; low per capita income; the challenge of economic change, donations. The Assistant Secretary may or chronic distress (i.e., failure to keep constructively and effectively, through waive all or part of the 25 percent pace with national economic growth strategies for inducing capital nonfederal share of economic trends over the last five years). Priority investment in production of the types of adjustment assistance grants, if he will be given to those areas with two or goods and/or services for which the determines that the nonfederal share is more of these indicators. Eligibility is community may have or be able to not reasonably available because of the generally determined statistically. develop a comparative economic critical nature of the situation requiring Further information is available from advantage, and which will lead to economic adjustment assistance or for EDA’s regional offices or the economic saving and/or creating permanent jobs. other good cause. The full amount of the development representative for your In providing funding to support the local share need not be in hand at the area (see Section XII of this Notice). adjustment process, EDA’s objectives time of application; however, the are to: (1) Provide impacted applicant must have a firm commitment B. Sudden and Severe Economic communities with the skills and from identified source(s), and the funds Dislocation (SSED) knowledge needed to organize and carry must be readily available. The local To receive priority consideration for out a strategic planning process focusing share must not be encumbered in any funding as an SSED area, the area must on increasing the productivity and way that would preclude its use as show actual or threatened permanent competitiveness of a community’s required by the grant agreement. The job losses that exceed the following assets, for example, existing industries local share for grants to establish or threshold criteria, unless otherwise and business acumen, natural resources, recapitalize a revolving loan fund (RLF) determined by the Assistant Secretary: and labor force skills; (2) expand the must be in cash, and while the local 1. For areas not in Metropolitan capacity of public officials and share for grants for other activities may Statistical Areas: development organizations to work be cash or in-kind, priority a. If the unemployment rate of the more effectively with their business consideration will be given to proposals Labor Market Area exceeds the national community to identify and address with a cash local share. average, the dislocation must amount to unmet needs of strategically targeted the lesser of two (2.0) percent of the Eligible Applicants firms for management assistance, access employed population, or 500 direct jobs. to information to help with marketing Eligible applicants within areas b. If the unemployment rate of the and modernization and finding sources meeting the EDA eligibility criteria Labor Market Area is equal to or less of financing, and in organizing described below include a than the national average, the collaborative alliances among firms for redevelopment area or economic dislocation must amount to the lesser of such activities as product and market development district established under four (4.0) percent of the employed research, and new product Title IV; an Indian tribe; a state; a city population, or 1,000 direct jobs. development; (3) assist communities or other political subdivision of a state, 2. For areas within Metropolitan overcome critical impediments to or a consortium of such political Statistical Areas: implementing their adjustment strategy, subdivisions; a Community a. If the unemployment rate of the such as a lack of available financing for Development Corporation defined in the Metropolitan Statistical Area exceeds the targeted businesses or weaknesses in Community Economic Development Act the national average, the dislocation their economic infrastructure for which of 1981, 42 U.S.C. 9802 (i.e., must amount to the lesser of one-half no other sources of funding, including Community Development Corporations (0.5) percent of the employed EDA’s Title I Program, are available; (4) receiving financial assistance under the population, or 4,000 direct jobs. enable communities to coordinate and authority of the Community Services b. If the unemployment rate of the strategically target Federal resources Block Grant Act, as amended, 42 U.S.C. Metropolitan Statistical Area is equal to available to support economic recovery 9910(d)); a nonprofit organization or less than the national average, the from Federal actions adversely affecting determined by EDA to be the dislocation must amount to the lesser of a major industrial sector and/or the representative of a redevelopment area one (1.0) percent of the employed economy of a discrete geographic for purposes of the particular project; population or 8,000 direct jobs. region, and from natural disasters; and the Federated States of Micronesia, the In addition, fifty (50) percent of the (5) encourage the development of Republic of the Marshall Islands, the job loss threshold must result from the innovative public/private approaches to Commonwealth of Puerto Rico, the action of a single employer, or eighty economic restructuring and Virgin Islands, Guam, American Samoa, (80) percent of the job loss threshold revitalization. and the Commonwealth of the Northern must occur in a single standard industry Mariana Islands. classification (i.e., two digit SIC code). Funding Availability In the case of a Presidentially Funds in the amount of $45 million Eligible Areas declared natural disaster, the area are available for the Economic The area(s) to be assisted by the eligibility criteria are waived. In other Adjustment Program in FY 1995. Grants applicant generally must be eligible on exceptional circumstances, the criteria awarded under this program generally the basis of the criteria, described may be partially or fully waived at the range between $25,000 and $5 million. below, for establishing that it is discretion of the Assistant Secretary. experiencing either Long-Term Actual dislocations must have Funding Instrument Economic Deterioration or a Sudden occurred within one year and Title IX funds are awarded through and Severe Economic Dislocation. threatened dislocations must be grants generally not to exceed 75 anticipated to occur within two years of A. Long-Term Economic Deterioration percent of the project cost. Acceptable the date EDA is contacted. sources of the local share include, but (LTED) are not limited to, local government To receive priority consideration for Project Duration general revenue funds; Community funding as an LTED area, the area must Projects are expected to be completed Development Block Grant (CDBG) be experiencing at least one of three in a timely manner consistent with the entitlement funds or balance of state economic problems: very high nature of the project. However, the 13878 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices maximum period for which assistance to, or detract from, its current and Plan in addition to the adjustment will be provided shall not be more than potential economic competitiveness. strategy for the area. Guidelines on five years from date of award. d. Strategic objectives that flow from RLF’s are available from the regional the economic analysis and conclusions offices. Evaluation Criteria and focus on stimulating investment in Further Information All proposals, regardless of the basis new and/or expanding economic for the area’s eligibility, will be screened activities that offer the best prospects for For further information, contact the for conformance to statutory and revitalization and growth; appropriate economic development regulatory requirements, the relative e. Appropriate and necessary representative, EDA regional office (see severity of the area’s economic problem, resources in the area and elsewhere Section XII of this Notice), or the the quality of the strategy developed (or have been/will be mobilized and Director, Economic Adjustment scope of work for the strategy to be coordinated to support implementation Division, Economic Development developed) to address the problem, the of the strategy; and Administration, Room 7327, U.S. merits of the activity(ies) for which f. The performance measures which Department of Commerce, Washington, funding is requested, and ability of the the applicant will use to assess progress DC 20230; telephone (202) 482–2659. prospective applicant to carry out the toward accomplishing its strategic X. Program: Defense Conversion proposed activity(ies) successfully. objectives. Assistance Particular program requirements and 2. All individual activities or projects (Catalog of Federal Domestic Assistance No: factors are not weighted in EDA’s proposed for funding must be consistent with one or more of the Economic 11.307 Special Economic Development and evaluation of proposals as all factors are Adjustment Assistance Program—Long-Term equally important. Projects will be Adjustment Program objectives stated Economic Deterioration (LTED) and Sudden evaluated on the basis of the elements above. Particular consideration will be and Severe Economic Dislocation (SSED)) 13 listed below in order to meet the goals given to proposals involving innovative CFR Part 308 described above. approaches to building and implementing public/private and Authority A. For Strategy Grants multifirm partnerships for such Funds under the Defense Conversion 1. The applicant organization has the purposes as new product development program are used to enable areas where necessary authority, mandate and and marketing, and dissemination and economies are adversely impacted by capacity to lead and manage the application of new production reductions in defense spending, to planning process and implementation of technologies and management practices. facilitate the orderly redeployment of the resulting strategy. 3. Proposals for capitalizing or their defense created assets to activities 2. The planning process provides for recapitalizing a RLF must in addition which help restructure and/or the representation of public and private describe and/or provide evidence of: strengthen their economic base. Areas sector entities with a contribution to a. The need for a new or expanded experiencing closure of a military make to the development of the strategy public financing tool to complement facility, a defense related Department of and/or on which accomplishment of the other business assistance programs and Energy facility and/or reductions in strategic objectives will depend. These services available to firms and/or defense procurements may be eligible entities include public program and would-be entrepreneurs in industry for assistance. This program is service providers, trade and business sectors and/or locations targeted by the authorized under section 4103(b) of associations, educational and research adjustment strategy; Division D of Public Law 101–510 for b. The types of financing activities institutions, community development FY 1991, and section 4305 of Division anticipated; and D of Public Law 102–484 for FY 1993, corporations, etc. c. The prospective RLF’s 10 U.S.C. 2391 note; and by the Public 3. The proposed scope of work organizational capacity to work Works and Economic Development Act focuses on the specific economic effectively with the business community of 1965, as amended, 42 U.S.C. 3131, problems to be addressed and provides and other financing providers, to 3151(a), 3151(b), and 3171(a)(3). for undertaking the appropriate research function as an integral part of the Program Objective and analysis needed to formulate a overall economic adjustment effort and realistic, market-based, adjustment to manage the lending function. The program is designed to provide strategy. defense impacted communities with the Proposal Submission Procedures B. For Implementation Grants resources to develop and/or carry out Interested parties should contact the programs and projects, singly or in 1. Any activity or project proposed for economic development representative combination, that support funding must generally be clearly for the area or the appropriate EDA implementation of a defense conversion identifiable as an integral and priority regional office (see Section XII of this strategy or base re-use plan. Commonly element within an adjustment strategy Notice) for a proposal package. funded types of programs and projects for the eligible area(s) prepared or include, but are not limited to: planning updated within the preceeding two Application Procedures and strategy development (only as may years. The strategy should address and/ Following a review of project be necessary to complement and expand or provide evidence of the following: proposals, EDA will invite those work funded by the Office of Economic a. An appropriately designed and proponents of projects selected for Adjustment, Department of Defense); conducted planning process; funding consideration to submit research and analysis, such as marketing b. A thorough understanding of the applications. It should be noted that an and feasibility studies; design and economic problems being addressed; invitation to apply does not assure delivery of conversion or development c. A sound analysis of the industry funding. The application will include assistance and services for affected sectors and the firms within them that an ED–540, as approved by the Office of businesses, typically smaller defense comprise the area’s economic base, and Management and Budget Control No. contractors in order to, for example, fill of the particular strengths and 0610–0058. Applicants for RLF funding gaps in available technical services, weaknesses of the area that contribute are generally required to submit a RLF developing collaborative alliances for Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13879 new product and market development, project must be in cash, and while the A. Department of Defense Criteria and establishing or expanding financing local share for other types of defense (1) In the case of a proposed or actual programs for targeted businesses; and conversion activities may be cash or in- establishment, realignment, or closure infrastructure improvements needed to kind, priority consideration will be of a military installation, where the facilitate the re-use of former military given to proposals with a cash local Secretary of Defense determines that facilities. share. such action is likely to have a direct and Assistance may be provided directly For information regarding local share significantly adverse consequence on to affected communities, and also requirements for the Title I Public the affected community. through other entities, such as states or Works and the Title III Technical (2) In the case of a publicly regional development organizations, Assistance, Research and Planning announced planned reduction in DOD when to do so would result in more programs, Sections II, IV and VI of this spending, the cancellation or effective and efficient delivery of a Announcement should be consulted. termination of a DOD contract, or the particular service or program. In accordance with Public Law 103– failure to proceed with a previously Funding Availability 317, financial assistance may be approved major defense acquisition program, assistance may be provided Funds in the amount of $120 million provided for projects to be located on only if the reduction, cancellation, are available for the Defense Conversion military installations closed or termination, or failure will have a direct program in FY 1995. Grants awarded scheduled for closure or realignment to and significant adverse impact on a under this program generally range eligible grantees under PWEDA without community and will result in the loss of between $25,000 and $5 million. it being required that the grantee have the lesser of: title or ability to obtain a lease for the Note: The Selection Criteria and (a) 2,500 or more employee positions, property, for the useful life of the Application Procedures set forth in this in the case of a Metropolitan Statistical project when, in the opinion of the announcement supersede those previously Area (MSA) or similar area (as defined announced in the Federal Register of May 6, Secretary of Commerce such financial by the Director of the Office of 1993 (58 FR 27188), and apply to the assistance is necessary for the economic Management and Budget); unobligated balance of the $80 million development of the area; and the authorized under section 4305 of Division D (b) 1,000 or more employee positions, Secretary of Commerce may, as he or in the case of a labor market area of Public Law 102–484 and of the $50 million she deems appropriate, consult with the authorized under section 4103(b) of Division outside of an MSA; or D of Public Law 101–510. Secretary of Defense regarding title to (c) one percent of the total number of the land on military installations closed civilian jobs in that area. Funding Instrument or scheduled for closure or realignment. B. EDA Criteria Assistance is in the form of grants, Eligible Applicants which will normally be awarded under The dislocation must satisfy one of the authority of EDA’s Title IX Eligible applicants within areas the following criteria (in exceptional Economic Adjustment program. meeting the eligibility criteria described circumstances, the criteria may be However, grants for assistance under the below include a redevelopment area or partially waived by the Assistant Defense Conversion program may also economic development district Secretary for Economic Development): be made to applicants eligible for established under Title IV of this Act, 42 (1) For areas not in MSAs: assistance under the Title I Public U.S.C. 3161; an Indian tribe; a state; a (a) If the unemployment rate of the Works and the Title III Technical city or other political subdivision of a Labor Market Area exceeds the national Assistance, Research and Planning state, or a consortium of such political average, the dislocation must amount to programs. subdivisions; a Community the lesser of two (2.0) percent of the Title IX grants may be awarded for up Development Corporation defined in the employed population, or 500 direct jobs. to 75 percent of the total project cost. Community Economic Development Act (b) If the unemployment rate of the Acceptable sources of the local share of 1981, 42 U.S.C. 9802 (i.e., Labor Market Area is equal to or less include, but are not limited to, local Community Development Corporations than the national average, the government general revenue funds; receiving financial assistance under the dislocation must amount to the lesser of Community Development Block Grant authority of the Community Services four (4.0) percent of the employed (CDBG) entitlement funds or balance of Block Grant Act, as amended, 42 U.S.C. population, or 1,000 direct jobs. state awards; and other public and 9910(d)); a nonprofit organization (2) For areas within MSAs: private donations. The Assistant determined by EDA to be the (a) If the unemployment rate of the Secretary may waive all or part of the representative of a redevelopment area; MSA exceeds the national average, the 25 percent nonfederal share of economic and the Federated States of Micronesia, dislocation must amount to the lesser of adjustment assistance grants, if he the Republic of the Marshall Islands, the one-half (0.5) percent of the employed determines that the nonfederal share is Commonwealth of Puerto Rico, the population, or 4,000 direct jobs. not reasonably available because of the Virgin Islands, Guam, American Samoa, (b) If the unemployment rate of the critical nature of the situation requiring and the Commonwealth of the Northern MSA is equal to or less than the national economic adjustment assistance or for Mariana Islands. average, the dislocation must amount to other good cause. The full amount of the the lesser of one (1.0) percent of the local share need not be in hand at the For assistance under the Title I Public employed population, or 8,000 direct time of application; however, the Works program, and Title III Technical jobs. applicant must have a firm commitment Assistance, Research and Planning Under the Defense program, an area from identified source(s), and the funds programs, Sections II, IV and VI of this will normally be eligible for up to two must be readily available. The local Announcement should be consulted. years before the announced date for a share must not be encumbered in any Applicants must meet either the base closure or contract reduction and way that would preclude its use as Department of Defense criteria or the for two years after. However, if required by the grant agreement. The Economic Adjustment program criteria completion of an area’s adjustment local share for a revolving loan fund described in A and B below: strategy is delayed for good reason, the 13880 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices area’s eligibility may be extended for up 3. The degree to which the proposed should be noted that an invitation to to one year from the date the strategy is program/project contributes to: apply does not assure funding. accepted by EDA. a. Productive redeployment of defense created assets (facilities, workforce Further Information Project Duration skills, industrial technologies and For further information, contact the Projects are expected to be completed production capacity); appropriate economic development in a timely manner consistent with the b. Overcoming critical impediments representative, EDA regional office (see nature of the project. However, the to a community’s ability to progress Section XII of this Notice), or the maximum period for which assistance with implementing its strategy or base Director, Economic Adjustment will be provided shall not be more than reuse plan; and Division, Economic Development five years from date of award for Title c. Facilitating/stimulating private Administration, Room 7327, U.S. I and Title IX projects. For projects sector investment in the production of Department of Commerce, Washington, under Title III Technical Assistance, the types of goods and services that will DC 20230; telephone (202) 482–2659. Research and Planning programs, strengthen the economic base of the area XI. Program: Trade Adjustment assistance will be for the period of time over the long term, and lead to the Assistance required to complete the scope of work, generation of new employment which typically will not exceed twelve opportunities and revenue. (Catalog of Federal Domestic Assistance: months. 4. The capacity of the prospective 11.313 Economic Development—Trade applicant to administer the proposed Adjustment Assistance) 13 CFR Part 315 Evaluation Criteria project and ensure achievement of the Authority Evaluation criteria will not be stated objectives. Funds under the Trade Adjustment assigned weights as all factors are Proposal Submission Procedures equally important. Projects will be Assistance Program are awarded to a evaluated on the basis of the elements When a major defense cutback is network of Trade Adjustment listed below in order to meet the goals announced, EDA’s economic Assistance Centers (TAACs), located described above. Key factors in EDA’s development representative for the state around the Nation, which provide evaluation of proposed defense in which it is to occur will normally technical assistance to certified firms conversion projects include: contact officials of the affected adversely affected by increased imports. 1. The relative severity of the impact community. Otherwise, the interested This program is authorized under Title of the defense cutbacks on the economic parties should contact either the II, Chapter 3 of the Trade Act of 1974, and employment base of the area(s). economic development representative 19 U.S.C. 2341–2355. for the area or the appropriate EDA 2. The quality of the area economic Funding Availability adjustment/defense conversion strategy regional office (see Section XII of this Funds in the amount of $10.0 million or base reuse plan which is a Notice). The economic development are available for trade adjustment prerequisite for funding consideration. representative will track the assistance. Nearly all of these funds will The plan should address and/or provide community’s strategy/base reuse be provided to the nationwide network evidence of the following: planning process and provide of TAACs through cooperative a. An appropriately designed and information regarding activities/projects agreements. Individual awards generally conducted planning process; that could be considered for EDA range between $650,000 and $1.025 b. The scale and characteristics of the assistance. At such time as the planning million. No new centers will be funded impact of the defense cutbacks on process is sufficiently advanced for in FY 1995. workers, industry sectors and prospective implementation programs Funds are also awarded under this businesses; and projects to have been identified, the program to organizations representing c. Strategic objectives that address the economic development representative trade-injured industries. Limited funds defense related problems and will advise the community on the are available for industry technical opportunities, are appropriate to the preparation of a short funding proposal. assistance for continuation of an area’s particular economic attributes Application Procedures existing program. No new industry and circumstances, and are based on EDA will evaluate proposals using the assistance projects are expected to be sound research and analysis; evaluation criteria cited above. Once the funded in FY 1995. d. All appropriate and available merits of the proposal are established, Federal, State and local resources, Program Objective EDA will work if necessary with the programs, services, etc., have been prospective applicant to clarify The Trade Adjustment Assistance identified and will be mobilized and elements of the proposal and such EDA Program is designed to provide coordinated to support implementation administrative policies and technical assistance to certified firms of the strategy; and requirements as may apply to the and industries hurt by the impact of e. The performance measures which particular type of program or project for increased imports. The TAACs help the applicant will use to assess progress which assistance is being requested. For firms submit certification petitions to toward accomplishing its strategic example, applicants for assistance to the Trade Adjustment Assistance objectives. capitalize a revolving loan fund (RLF) Division (TAAD) of EDA. If the firm is Note: EDA may, in some instances, are generally required to submit a RLF certified, TAACs provide technical consider funding a project prior to Plan. assistance to the firm in developing a completion of the strategy/plan, provided When a proposal is selected for strategy to adjust to the import injury. that (a) an appropriate community planning funding consideration, EDA will invite A firm should work closely with the process is underway, (b) sufficient analysis has been done to show that the proposed the proponent to submit a formal appropriate TAAC in petitioning for project is economically viable and potentially application under the authority of the certification. Certified firms should also consistent with the evolving strategy and (c) specified funding program, i.e., Title I, work closely with the appropriate the proposed project has the support of the III or IX. The appropriate formal TAAC in diagnosing their problems and community. application package will be provided. It developing an adjustment proposal, and Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13881 in applying for technical assistance if evaluated on the basis of the elements Formula and Matching Requirements their adjustment proposal is accepted by listed below in order to meet the goals Generally, a minimum of 50 percent EDA. described above. share is required for industry assistance An industry association or other The emphasis is on practical results cooperative agreements. organization interested in receiving an that can be implemented in the near industry assistance cooperative term, and long-term research and Length and Time Phasing of Assistance agreement must meet with a TAAD development activities are given low Industry assistance cooperative representative to discuss the industry’s priority. It is also expected that the agreements are generally for a 12-month problems, opportunities, and assistance industry will continue activities on its period, but may be longer for tasks needs. own without the need for continued requiring more time to complete. Federal assistance. Criteria for Evaluating Industry Further Information Assistance Proposals Application Procedures For further information, contact the Industry associations and other Industry associations or other Director, Trade Adjustment Assistance organizations seeking trade adjustment organizations seeking industry Division, Economic Development industry assistance must demonstrate assistance must submit an application Administration, Room 7023, U.S. that the industry is injured by foreign identified as Standard Form 424 (OMB Department of Commerce, Washington, trade and that the activities to be funded Control No. 0348–0043), if encouraged DC 20230; telephone (202) 482–3373. will yield some short-term actions that to do so as a result of the meeting with the industry itself (and individual firms) a TAAD representative. XII. EDA Regional Offices and can and will take toward the restoration Acceptable industry assistance Economic Development Representatives of the industry’s international applications will be processed as funds The EDA regional and field offices, competitiveness. Evaluation criteria will are available; normally one to three states covered, and the economic not be assigned weights as all factors are months is required for final decision on development representatives (EDRs) are equally important. Projects will be application. listed below. EDRs States covered Atlanta Regional Office 401 West Peachtree Street, N.W., Suite 1820 Atlanta, Georgia 30308±3510 Telephone: (404) 730±3002 Burnette, F. Wayne, Aronov Building, Room 705, 474 South Court Street, Montgomery, AL 36104, Telephone: Alabama. (205) 223±7008. Smith, Lola B., Federal Building, Room 423, 80 North Hughey Avenue, Orlando, FL 32801, Telephone: (407) 648± Florida. 6572. Day, William J., Jr., 401 West Peachtree Street, N.W., Suite 1820, Atlanta, GA 30308±3510, Telephone: (404) Georgia. 730±3000. Hunter, Bobby D., 771 Corporate Drive, Suite 200, Lexington, KY 40503±5477, Telephone: (606) 224±7426 ...... Kentucky. Ainsworth, Bob, 221 Federal Building, 100 West Capital Street, Jackson, MS 39269, Telephone: (601) 965±4342 .. Mississippi. Jones, Dale L., P.O. Box 2522, Raleigh, NC 27601, Telephone: (919) 856±4570 ...... North Carolina. Dixon, Patricia M., Strom Thurmond Federal Building, 1835 Assembly Street, Room 307, Columbia, SC 29201, South Carolina. Telephone: (803) 765±5676. Parks, Mitchell S., 261 Cumberland Bend Drive, Nashville, TN 37228, Telephone: (615) 736±5911 ...... Tennessee. Austin Regional Office Thornberry Building, Suite 121 903 San Jacinto Boulevard Austin, Texas 78701±2450 Telephone: (512) 482±5461 Spearman, Sam, Room 2509, Federal Building, 700 West Capitol, Little Rock, AR 72201, Telephone: (501) 324± Arkansas. 5637. Davidson, Pamela, 412 North Fourth Street, Room 104, Baton Rouge, LA 70802±5523, Telephone: (504) 389± Louisiana. 0227. Swearingen, James, P.O. Box 2662, Santa Fe, NM 87504, Telephone: (505) 988±6557 ...... New Mexico. Waters, Alvin X. Jr., 5500 North Western, Suite 148, Oklahoma City, OK 73118±4011, Telephone: (405) 231±4198 Oklahoma. Ramirez, Roy, Suite 121, Thornberry Building, 903 San Jacinto Boulevard, Austin, TX 78701±2450, Telephone: Texas (south). (512) 482±5118. Jacob, Lawrence, Suite 121, Thornberry Building, 903 San Jacinto Boulevard, Austin, TX 78701±2450, Telephone: Texas (north). (512) 482±5119. California Field Office Oakland Federal Building 1301 Clay Street, Suite 675N Oakland, California 94612±5217 Telephone: (510) 637±2988 Sosson, Deena R., 1345 J Street, Suite B, Sacramento, CA 95814, Telephone: (916) 551±1541 ...... California (northern). Lewis, William J., 1345 J Street, Suite A, Sacramento, CA 95814, Telephone: (916) 551±2160 ...... California (central). 13882 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices EDRs States covered Oaks, Charles W., 297 Marengo Avenue, Room 100, Pasadena, CA 91102±6020, Telephone: (818) 583±6967 ..... California (southern). Chicago Regional Office 111 North Canal Street, Suite 855 Chicago, IL 60606±7204 Telephone: (312) 353±7706 Casals, Alfred L., 509 West Capitol, Suite 204, Springfield, IL 62704, Telephone: (217) 492±4224 ...... Illinois. Henderson, Richard L., Federal Building Courthouse, Room 402, 46 East Ohio Street, Indianapolis, IN 46204, Indiana. Telephone: (317) 226±6104. Collison, James L., 100 North Warren Avenue, Room 1018, Saginaw, MI 48606±0867, Telephone: (517) 758± Michigan. 4097. Arnold, John B. III, 104 Federal Building, 515 West First Street, Duluth, MN 55802, Telephone: (218) 720±5326 .... Minnesota. Hickey, Robert F., Federal Building, Room 607, 200 North High Street, Columbus, Ohio 43214, Telephone: (614) Ohio. 469±7314. Price, Jack D., 1320 W. Clairemont Ave., Suite 114, Eau Claire, WI 54701, Telephone: (715) 834±4079 ...... Wisconsin. Denver Regional Office 1244 Speer Boulevard, Room 670 Denver, Colorado 80204 Telephone: (303) 844±4714 Zender, John, 1244 Speer Boulevard, Room 632, Denver, CO 80204, Telephone: (303) 844±4902 ...... Colorado, Kansas. Cecil, Robert, Federal Building, Room 593A, 210 Walnut Street, Des Moines, IA 50309, Telephone: (515) 284± Iowa. 4746. Paul Hildebrandt, Federal Building, Room B±02, 608 East Cherry, Columbia, MO 65201, Telephone: (314) 442± Missouri. 8084. Rogers, John C., Federal Building, Room 196, Drawer 10074, Helena, MT 59626, Telephone: (406) 449±5074 ...... Montana. Albertson, Warren A., Federal Building, Room 219, Pierre, SD 57501, Telephone: (605) 224±8280 ...... Nebraska, South Dakota. Grant, Cornelius P., P.O. Box 1911, Bismarck, ND 58501, Telephone: (701) 250±4321 ...... North Dakota. Ockey, Jack, Federal Building, Room 2414, 125 South State Street, Salt Lake City, UT 84138, Telephone: (801) Utah, Wyoming. 524±5119. Philadelphia Regional Office Curtis Center Independence Square West Suite 140 South Philadelphia, PA 19106 Telephone: (215) 597±4603 Hammarlund, C.N. Jr., Federal Office Building, Room 453, 450 Main Street, Hartford, CT 06103, Telephone: (203) Connecticut, Rhode Island. 240±3256. Flynn, Patricia A., 2568±A Riva Road, Suite 200, Annapolis, MD 21401±7450, Telephone: (410) 962±2513 ...... Delaware, Maryland, District of Columbia. Blitz, Sandford, Federal Building, Room 410D, 40 Western Avenue, Augusta, ME 04330, Telephone: (207) 622± Maine. 8271. Fitzhenry, William A., Boston Federal Office Building, 10 Causeway Street, Room 420 (Box 2), Boston, MA Massachusetts. 02222±1036, Telephone: (617) 565±7235. Potter, Rita V., 143 North Main Street, Suite 209, Concord, NH 03301, Telephone: (603) 225±1624 ...... New Hampshire, Vermont. Rossignol, Clifford J., 44 South Clinton Avenue, Room 703, Trenton, NJ 08609, Telephone: (609) 989±2192 ...... New Jersey. Marshall, Harold J. II, 620 Erie Boulevard West, Suite 104, Syracuse, NY 13204, Telephone: (315) 423±5203 ...... New York. Pecone, Anthony M., 1933A New Berwick Highway, Bloomsburg, PA 17815, Telephone: (717) 389±7560 ...... Pennsylvania. Cruz, Ernesto L., Federal Office Building, Room 620, 150 Carlos Chardon Avenue, Hato Rey, PR 00918±1738, Puerto Rico, Virgin Islands. Telephone: (809) 766±5187. Noyes, Neal E., 700 Centre Building, Room 230, 704 E. Franklin Street, Richmond, VA 23219, Telephone: (804) Virginia. 771±2061. Davis, R. Byron, Rose City Press Building, 550 Eagan Street, Room 305, Charleston, WV 25301, Telephone: West Virginia. (304) 347±5252. Seattle Regional Office Jackson Federal Building, Room 1856 915 Second Avenue Seattle, Washington 98174 Telephone: (206) 220±7660 Richert, Bernhard E. Jr., 605 West 4th Avenue, Room G±80, Anchorage, AK 99501±7594, Telephone: (907) 271± Alaska. 2274. Perot, C. Antony, Phoenix Plaza, Suite 965, 2901 North Central, Phoenix, AZ 85012, Telephone: (602) 640±2541 . Arizona, Nevada (except Elko, Eureka and White) Pine Counties). Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Notices 13883 EDRs States covered McChesney, Frank, P.O. Box 50264, Federal Building, Room 4106, Honolulu, HI 96850, Telephone: (808) 541± Hawaii, Guam, American 3391. Samoa, Marshall Islands, Micronesia, Northern Marianas. Ames, Aldred F., Room 441, 304 North 8th Street, Boise, ID 83702, Telephone: (208) 334±1533 ...... Idaho, Nevada (counties of Elko, Eureka & White Pine). Berblinger, Anne S., One World Trade Center, 121 S.W. Salmon Street, Suite 244, Portland, OR 97204, Tele- Oregon. phone: (503) 326±3078. Kirry, Lloyd P., Jackson Federal Building, 915 Second Avenue, Room 1856, Seattle, WA 98174, Telephone: (206) Washington. 220±7682. Dated: March 8, 1995. William W. Ginsberg, Assistant Secretary for Economic Development. [FR Doc. 95–6261 Filed 3–13–95; 8:45 am] BILLING CODE 3510±24±P federal register March 14,1995 Tuesday Proclamation 6775ÐNationalParkWeek The President Part X 13885 13887 Federal Register Presidential Documents Vol. 60, No. 49 Tuesday, March 14, 1995 Title 3— Proclamation 6775 of March 10, 1995 The President National Park Week, 1995 By the President of the United States of America A Proclamation Each National Park is a classroom without walls, a living laboratory for learning about natural environments, important historical events, and valu- able cultural resources that make up our national heritage. To preserve this heritage, the National Park Service works with students and teachers to create exciting learning environments in which to activate a child’s inter- est. Within each park lies a compelling story—a powerful reminder of our Na- tion’s origins and destiny. Geology, political science, marine ecology, the Civil War, language, art, music, maritime history, geography, wildlife, the American Revolution, technology—all come to life in our National Park System. Today, the men and women of the National Park Service are reaching out to the next generation of caretakers, instilling in our children a respect for the land, an understanding of our common American heritage, and an appreciation of parks as places of inspiration. Through innovative educational programs, the National Park Service is ac- tively building a new constituency of park supporters who will carry with them the most valued lessons of our country. ‘‘Junior Ranger’’ programs throughout the United States help children understand the wonders of the national parks and the importance of preserving them for years to come. ‘‘Parks As Classrooms’’ links parks with local schools and communities, reaching out to new audiences with hands-on activities. Residential camping programs open up new worlds of exploration and self-discovery for today’s young people, in both inner cities and rural areas. Seminars for teachers assist in encouraging and improving the connections of young people to park areas. National Park Week, 1995, is a time to celebrate the rich educational tradition of our parks. I encourage all Americans to join me in observing National Park Week as the beginning of a lifetime of learning, appreciating, and acting on behalf of our national treasures. I call on all Americans to learn more about our National Park System and to observe this week with appro- priate ceremonies and programs. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim the week of May 22 through May 28, 1995, as ‘‘National Park Week.’’ 13888 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Presidential Documents IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of March, in the year of our Lord nineteen hundred and ninety-five, and of the Independence of the United States of America the two hundred and nineteenth. [FR Doc. 95–6477 œ– Filed 3-13-95; 10:12 am] Billing code 3195–01–P i Reader Aids Federal Register Vol. 60, No. 49 Tuesday, March 14, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING MARCH Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. Document drafting information 523±3187 Machine readable documents 523±4534 3 CFR 3...... 12908 Proclamations: 102...... 12159, 12162 Code of Federal Regulations 6772...... 11609 104...... 12159 Index, finding aids & general information 523±5227 6773...... 12101 105...... 12159 Printing schedules 523±3419 6774...... 12657 114...... 12162 6775...... 13887 116...... 12159 Laws 160...... 13084 Executive Orders: Public Laws Update Service (numbers, dates, etc.) 523±6641 November 24, 1916 161...... 13084 Additional information 523±5230 (Revoked in part by 10 CFR PLO 7121)...... 12886 Presidential Documents 12903 (Superseded by 50...... 13615 Executive orders and proclamations 523±5230 EO 12955)...... 13365 55...... 13615 Public Papers of the Presidents 523±5230 12954...... 13023 73...... 13615 Weekly Compilation of Presidential Documents 523±5230 12955...... 13365 Proposed Rules: Administrative Orders: 20...... 13385 The United States Government Manual Memorandums: 12 CFR General information 523±5230 March 2, 1995 ...... 12393 Other Services Presidential Determinations: 543...... 12103 No. 95±15 of Feb. 28, 552...... 12103 Data base and machine readable specifications 523±4534 1995 ...... 12859 571...... 12103 Guide to Record Retention Requirements 523±3187 708a...... 12759 Legal staff 523±4534 5 CFR Proposed Rules: Privacy Act Compilation 523±3187 362...... 11017 7...... 11924 Public Laws Update Service (PLUS) 523±6641 532...... 12395, 12396 31...... 11924 TDD for the hearing impaired 523±5229 582...... 13027 543...... 13008 731...... 13613 552...... 13008 ELECTRONIC BULLETIN BOARD 843...... 13034 571...... 13008 722...... 13388 Free Electronic Bulletin Board service for Public Law 1300...... 12396 1650...... 13604 numbers, Federal Register finding aids, and list of 13 CFR documents on public inspection. 202±275±0920 1653...... 13604 Ch. LXXVII...... 12396 Proposed Rules: FAX-ON-DEMAND Proposed Rules: 120...... 11941 You may access our Fax-On-Demand service. You only need a fax Ch. XIV ...... 11057 122...... 11941 machine and there is no charge for the service except for long 7 CFR 14 CFR distance telephone charges the user may incur. The list of documents on public inspection and the daily Federal Register’s 29 ...... 12398, 12399, 12400, 11...... 12034, 12108 table of contents are available using this service. The document 13515 25...... 11194 numbers are 7050-Public Inspection list and 7051-Table of 51...... 11242 39 ...... 11020, 11611, 11613, Contents list. The public inspection list will be updated 56...... 12401, 13780 11615, 11617, 11619, 11621, immediately for documents filed on an emergency basis. 58...... 11246 11623, 12406, 12407, 12408, NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 354...... 11897 12410, 12411, 12413, 12414, FILE AND NOT THE ACTUAL DOCUMENT. Documents on 372...... 13212 12663, 12666, 13618, 13620, public inspection may be viewed and copied in our office located 989...... 12403 13621, 13623, 13624 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 1209...... 13613 61...... 11254 telephone number is: 301±713±6905 1210...... 13515 71 ...... 11625, 12108, 12667, 1942...... 11019 13626 Proposed Rules: 91...... 13627 FEDERAL REGISTER PAGES AND DATES, MARCH 51...... 11918 95...... 13035 58 ...... 11919, 12154, 12156 97...... 12109, 12110 11017±11608...... 1 12659±12858...... 8 319...... 13382 121...... 11194, 12034 11609±11896...... 2 12859±13022...... 9 945...... 13080 135...... 11194, 13010 1099...... 12907 1241...... 11022 11897±12102...... 3 13023±13366...... 10 1230...... 13384 1262...... 12668 12103±12394...... 6 13367±13612...... 13 1940...... 13650 Proposed Rules: 12395±12658...... 7 13613±13888...... 14 33...... 12360 9 CFR 39 ...... 11635, 11637, 11942, 77...... 11898 11944, 11945, 12714, 317...... 12883 71...... 11057 381...... 12883 121...... 13008, 13862 Proposed Rules: 125...... 13862 1...... 12908 135...... 13862 ii Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Reader Aids 15 CFR 26 CFR 52 ...... 12121, 12123, 12125, 12...... 13570 925...... 12592 1 ...... 11028, 11906, 12415 12438, 12442, 12446, 12451, 67...... 12188 12453, 12459, 12685, 12688, Proposed Rules: Proposed Rules: 47 CFR 905...... 11947 1 ...... 11059, 11060, 11195, 12691, 12695, 12700, 13042, 1...... 13636 11950, 12034, 13213, 13393 13631, 13634 16 CFR 58...... 11907 2...... 13071 63 ...... 11029, 12670, 13045 5...... 13636 Proposed Rules: 28 CFR 70 ...... 12128, 12478, 13046 15...... 13071 1700...... 12165 0...... 11906 81 ...... 12453, 12459, 13368, 32...... 12137 31...... 13330 17 CFR 13634 36...... 12137 180 ...... 11029, 11032, 12702, 61...... 13637 239...... 11876 29 CFR 12703, 12704, 12705, 12707 65...... 12137 270...... 11876, 11887 1910...... 11194, 13782 281...... 12630, 12709 73 ...... 11909, 11910, 11911 274...... 11876 1915...... 11194, 13782 282...... 12630 Proposed Rules: 400...... 11022 1917...... 13782 372...... 13047 Ch. I ...... 13102 1918...... 13782 401...... 11022 721...... 11033 1...... 13396 1926...... 11194 402...... 11022, 12825 2...... 11644, 13687 403...... 11022 1952...... 12416, 12417 Proposed Rules: 50...... 13663 63...... 11644 404...... 11022 2509...... 12328 51...... 12492 64...... 12529 405...... 11022 Proposed Rules: 52 ...... 12180, 12184, 12185, 73 ...... 12530, 12724, 12725 450...... 11022 1952...... 12488 12519, 12520, 12721, 12722 Proposed Rules: 48 CFR 30 CFR 53...... 13663 239...... 11890 58...... 12492 2 ...... 12366, 12384, 13397 270...... 11890 914...... 13038 63 ...... 12723, 13088, 13664 3...... 12366, 13397 274...... 11890 936...... 13040 68...... 13526 4...... 12366, 12384 944...... 13367 5 ...... 12366, 12384, 13397 18 CFR 70 ...... 12521, 13088, 13683 Proposed Rules: 81...... 12520 6...... 12366, 13397 Proposed Rules: 254...... 13652 85...... 12185 7...... 12384, 13397 154...... 13651 VII ...... 13858 148...... 11702 8...... 12366, 12384 158...... 13651 756...... 13086 194...... 11060 9 ...... 12366, 12384, 13397 201...... 13651 773...... 13087 261...... 12525 10...... 13397 250...... 13651 925...... 11640 266...... 11702 11...... 13397 284...... 13651 12...... 12384, 13397 31 CFR 268...... 11702 271...... 11702, 12525 13...... 12366, 13397 19 CFR 500...... 12885 302...... 12525 14...... 12384, 13397 12...... 13352 15 ...... 12366, 12384, 13397 32 CFR 761...... 13095 16 ...... 12366, 12384, 13397 20 CFR 199...... 12419 42 CFR 22...... 12366, 13397 Proposed Rules: Proposed Rules: 485...... 11632 23...... 12366, 13397 200...... 11639 199...... 12717 486...... 11632 25...... 12366 404...... 12166 209...... 11642 Proposed Rules: 27...... 12366 416...... 12166 65a...... 12525 28...... 12366 33 CFR 29...... 12366 21 CFR 100...... 11629 43 CFR 32...... 12366, 12384 173...... 11899 117...... 13629 2720...... 12710 36...... 12366, 13397 179...... 12669 143...... 13550 Public Land Orders: 41...... 12366 328...... 13590 155...... 13318 7100...... 12592 42...... 12366, 13397 450...... 11026 157...... 13318 7117...... 11045 43...... 12366 510...... 11027 165...... 12112 7118...... 11046 44...... 12366, 13397 558...... 11027, 11028 Proposed Rules: 7119...... 11633 45...... 12366, 12384 Proposed Rules: 117 ...... 12178, 13393, 13395, 7120...... 11633 46...... 12366, 13397 310...... 13014 13653 7121...... 12886 47...... 12366, 13397 314...... 13014 320...... 13654 7122...... 12887 49...... 12366, 13397 325...... 13654 7123...... 12887 52 ...... 12366, 12384, 13397 24 CFR 333...... 13654 53 ...... 12366, 12384, 13397 15...... 11901 402...... 11643 44 CFR 209...... 13073 25...... 13834 65...... 13049 219...... 13074 58...... 13518 34 CFR 67...... 13050 223...... 13075 92...... 13348 3...... 11907 152...... 11236 235...... 13076 201...... 13834, 13854 75...... 12096, 12648 Proposed Rules: 252...... 13073, 13075 202...... 13834 67...... 13096 701...... 11911, 12825 243...... 11828 36 CFR 703...... 11911, 12825 290...... 11844 7...... 13629 45 CFR 715...... 11911, 12825 760...... 11828 Proposed Rules: 2543...... 13055 724...... 11911 813...... 11626 7...... 13662 Proposed Rules: 731...... 11911, 12825 886...... 11844 1180...... 12186 752...... 11911, 12825 888...... 12594 38 CFR 927...... 11812 889...... 11828 3...... 12886 46 CFR 952...... 11812 890...... 11836, 13515 2...... 13550 970...... 11812 905...... 11626 39 CFR 30...... 13318 1517...... 12712 908...... 11626 3001...... 12113, 12116 32...... 13318 1837...... 11634 913...... 11626 Proposed Rules: 70...... 13318 Ch. 99 ...... 12711 3500...... 11194 111...... 12490 90...... 13318 Proposed Rules: Proposed Rules: 172...... 13318 Ch. I ...... 11198 100...... 13840 40 CFR Proposed Rules: 45...... 12530 888...... 11870 9...... 12670 10...... 13570 52...... 12530 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Reader Aids iii 933...... 11646 571 ...... 11913, 13216, 13286, 50 CFR 13079 970...... 11646 13297, 13639 17...... 12483, 12887 673...... 11054, 12825 9904...... 12725 575...... 11913 204...... 11050 675 ...... 11915, 12149, 12487 653...... 12296 611...... 13780 676...... 11916, 12152 49 CFR 654...... 12296, 12298 646...... 12592 Proposed Rules: 1...... 11046, 13639 1312...... 13077 651...... 13078 17 ...... 11768, 12531, 12728, 107...... 12139 1314...... 13077 663...... 13377 12730, 13105, 13397 218...... 11047 Proposed Rules: 675...... 13780 222...... 11951 382...... 13369 234...... 11649 676...... 13780 663...... 11062 391...... 13369 393...... 13306 681...... 13380 672...... 13106 393...... 12146 571...... 12192, 13688 672 ...... 11915, 12149, 12152, 675...... 13106