FR-1995-11-16.pdf - Govinfo.gov

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ThursdayNovember 16, 1995Vol. 60 No. 221

Pages 57533–57680

11–16–95

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Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995

WASHINGTON, DC[Two Sessions]

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Contents Federal Register

III

Vol. 60, No. 221

Thursday, November 16, 1995

Agricultural Marketing ServiceRULESRaisins produced from grapes grown in California, 57533–

57534PROPOSED RULESPotatoes (Irish) grown in—

Maine, 57548–57549

Agriculture DepartmentSee Agricultural Marketing ServiceSee Animal and Plant Health Inspection ServiceSee Forest ServiceSee National Agricultural Statistics ServiceNOTICESAgency information collection activities under OMB

review, 57570

Animal and Plant Health Inspection ServiceRULESExportation and importation of animals and animal

products:Horses from contagious equine metritis-affected

countries; States authorized to receive, 57537PROPOSED RULESViruses, serums, toxins, etc.:

Analogous products—Rabies vaccines; killed and live viruses, 57549–57550

NOTICESEnvironmental statements; availability, etc.:

Nonregulated status determinations—Plant Genetic Systems (America), Inc.; genetically

engineered corn line, 57570–57571

Coast GuardRULESOffshore supply vessels, including liftboats, 57630–57674

Commerce DepartmentSee International Trade AdministrationSee National Oceanic and Atmospheric AdministrationNOTICESAgency information collection activities under OMB

review:Proposed agency information collection activities;

comment request, 57572–57573

Committee for the Implementation of Textile AgreementsNOTICESCotton, wool, and man-made textiles:

Czech Republic, 57574–57575Macau, 57575Thailand, 57575–57576Turkey, 57576–57577

Comptroller of the CurrencyNOTICESAgency information collection activities under OMB



Consumer Product Safety CommissionNOTICESSettlement agreements:

J.B.I., Inc., 57577–57579

Customs ServicePROPOSED RULESCountry of origin marking:

Proximity to geographic location marking other thancountry of origin on imported articles; requirements,57559–57560

NOTICESCountry of origin marking requirements:

Wearing apparel, 57621–57622

Defense DepartmentSee Navy Department

Education DepartmentNOTICESMeetings:

National Educational Research Policy and PrioritiesBoard, 57580

Employment and Training AdministrationNOTICESAdjustment assistance:

Brown Shoe Co./Brown Group, Inc., 57595Great American Knitting Mills, 57595J. Hertling & Co., Inc., 57596S&E Oilfield Services, Inc., 57596

Environmental statements; availability, etc.:Loring AFB Job Corps Center, ME, 57596–57597

NAFTA trade adjustment assistance:Pacific Personnel, Colville Branch, John Chopot Lumber

Co., Inc., 57598Pacific Personnel, Colville Branch, Vaagen Brothers

Lumber, Inc., 57598NAFTA transitional adjustment assistance:

Jeld-Wen of Bend et al., 57597–57598

Energy DepartmentSee Federal Energy Regulatory Commission

Environmental Protection AgencyPROPOSED RULESAir pollutants, hazardous; national emission standards:

Gasoline terminals and pipeline breakout stationsCorrection, 57628

Equal Employment Opportunity CommissionNOTICESMeetings; Sunshine Act, 57627

Federal Aviation AdministrationRULESAirworthiness directives:

Aerostar, 57539–57540Avro, 57541–57542

PROPOSED RULESClass E airspace, 57551–57552

IV Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Contents

NOTICESAdvisory circulars; availability, etc.:

Products and parts shipped prior to type certificateissuance, 57616–57617

Challenge 2000; FAA regulation and certificationcapabilities; study and comment request; correction,57628

Meetings:Civil Tiltrotor Development Advisory Committee, 57617

Federal Communications CommissionNOTICES,Meetings:

Network Reliability Council, 57582Meetings; Sunshine Act, 57627

Federal Deposit Insurance CorporationNOTICESAgency information collection activities under OMB



Federal Election CommissionRULESPresidential primary and general election candidates;

public financingCorrection, 57537–57539

Federal Energy Regulatory CommissionNOTICESEnvironmental statements; availability, etc.:

EcoElectrica, L.P., 57580–57581Applications, hearings, determinations, etc.:

CNG Transmission Corp., 57581–57582Transcontinental Gas Pipe Line Corp., 57582

Federal Highway AdministrationRULESMotor carrier safety standards:

Commercial motor vehicle driver’s license program; Statecompliance

Technical amendment, 57543–57545

Federal Maritime CommissionNOTICESAgreements filed, etc., 57582Casualty and nonperformance certificates:

Carnival Corp., 57582Freight forwarder licenses:

Odyssey International Forwarding Services et al., 57582–57583

Federal Reserve SystemNOTICESAgency information collection activities under OMB


comment request, 57618–57621Applications, hearings, determinations, etc.:

Citizens Bancshares, Inc., et al., 57583Gruber, Shirley A., 57583Republic Bancorp, Inc., 57583–57584U.S. Trust Corp., 57584

Federal Trade CommissionPROPOSED RULESTrade regulation rules:

Textile wearing apparel and piece goods; care labeling,57552–57558

NOTICESAutomotive fuel ratings, certification, and posting; octane

labels; partial exemption, 57584–57585Premerger notification waiting periods; early terminations,

57585–57586

Financial Management ServiceSee Fiscal Service

Fiscal ServiceNOTICESBook-entry Treasury securities held at Federal Reserve

banks; 1996 fee schedule for transfer, 57622–57623Surety companies acceptable on Federal bonds:

Pacific Insurance Co., Ltd., 57623

Fish and Wildlife ServiceNOTICESEndangered and threatened species permit applications,

57592–57593Meetings:

North American Wetlands Conservation Council, 57593

Food and Drug AdministrationNOTICESFood additive petitions:

Procter & Gamble Co., 57586–57587

Forest ServiceNOTICESEnvironmental statements; availability, etc.:

Pike National Forest, CO, 57571–57572

Health and Human Services DepartmentSee Food and Drug AdministrationSee Substance Abuse and Mental Health Services

Administration

Housing and Urban Development DepartmentRULESMortgage and loan insurance programs:

Single family mortgage insurance; special forbearanceagreement procedures, 57676–57679

NOTICESGrant and cooperative agreement awards:

Community outreach partnership centers demonstrationprogram, 57589–57590

Joint community devlopment program centers forcommunity revitalization, 57590–57591

Organization, functions, and authority delegations:Comptroller, Federal Housing Administration, 57589

Interior DepartmentSee Fish and Wildlife ServiceSee Land Management BureauSee Minerals Management ServiceRULESCost principles for State, local, and Indian tribal

governments (Circular A–87); applicability clarification,57542–57543

VFederal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Contents

International Trade AdministrationNOTICESAntidumping and countervailing duties:

Administrative review requests, 57573–57574

Interstate Commerce CommissionNOTICESEnvironmental statements; availability, etc.:

Burlington Northern Railroad Co., 57593Railroad operation, acquisition, construction, etc.:

Allegheny Valley Railroad Co., 57594Larson, Phillip C., et al., 57594

Labor DepartmentSee Employment and Training AdministrationSee Labor Statistics BureauSee Occupational Safety and Health Administration

Labor Statistics BureauNOTICESMeetings:

Labor Research Advisory Council, 57594–57595

Land Management BureauPROPOSED RULESRights-of-way; use; tramroads and logging roads; Oregon

and California (O&C) and Coos Bay revested lands,57561–57562

NOTICESAgency information collection activities under OMB


comment request, 57591–57592Survey plat filings:

Idaho, 57592

Minerals Management ServicePROPOSED RULESOuter Continental Shelf operations; oil, gas, and sulphur

operations:Lessee and contractor employee training; public

workshop and pilot testing program, 57560–57561

National Agricultural Statistics ServiceRULESFreedom of Information Act; implementation, 57536Organization, functions, and authority delegations, 57534–

57536

National Highway Traffic Safety AdministrationPROPOSED RULESLamps, Reflective Devices, and Associated Equipment

Negotiated Rulemaking Committee:Meetings, 57562

Motor vehicle safety standards:Brake hoses—

Whip resistance test, 57562–57565Fuel system integrity—

Compressed natural gas fuel containers, 57567–57569Steering control rearward displacement, 57565–57567

NOTICESMotor vehicle safety standards; exemption petitions, etc.:

Bridgestone/Firestone, Inc., 57617–57618

National Mediation BoardNOTICESAgency information collection activities under OMB



National Oceanic and Atmospheric AdministrationRULESFishery conservation and management:

Bering Sea and Aleutian Islands groundfish, 57545–57546Limited access management of Federal fisheries in and

off of AlaskaGulf of Alaska and Bering Sea and Aleutian Islands

groundfish and Pacific halibut; correction, 57546–57547

National Science FoundationNOTICESMeetings:

Astronomical Sciences Special Emphasis Panel, 57600–57601

Cross Disciplinary Activities Special Emphasis Panel,57601

Design, Manufacture, and Industrial Innovation SpecialEmphasis Panel, 57601

Geoscience Special Emphasis Panel, 57601Human Resource Development Special Emphasis Panel,

57601–57602Information Robotics and Intelligent Systems Special

Emphasis Panel, 57602Mathematical Sciences Special Emphasis Panel, 57602–

57603Polar Programs Special Emphasis Panel, 57603

Navy DepartmentNOTICESEnvironmental statements; availability, etc.:

Base realignment and closure—Naval Air Station Oceana, VA, 57579–57580

Nuclear Regulatory CommissionNOTICESEnvironmental statements; availability, etc.:

Nebraska Public Power District, 57603–57604Philadelphia Electric Co., 57604–57605

Applications, hearings, determinations, etc.:Niagara Mohawk Power Corp., 57605–57607

Occupational Safety and Health AdministrationNOTICESAgency information collection activities under OMB



Public Health ServiceSee Food and Drug AdministrationSee Substance Abuse and Mental Health Services

Administration

Securities and Exchange CommissionNOTICESSelf-regulatory organizations:

Options disclosure documents—Options Clearing Corp., 57611

Self-regulatory organizations; proposed rule changes:Chicago Board Options Exchange, Inc., 57607–57608

VI Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Contents

National Association of Securities Dealers, Inc., 57608–57611

Pacific Stock Exchange, Inc., 57611–57613Philadelphia Stock Exchange, Inc., 57613–57616

Statistical Reporting ServiceSee National Agricultural Statistics Service

Substance Abuse and Mental Health ServicesAdministration

NOTICESFederal workplace drug testing programs; mandatory

guidelinesProposed revisions, 57587–57589

Textile Agreements Implementation CommitteeSee Committee for the Implementation of Textile

Agreements

Transportation DepartmentSee Coast GuardSee Federal Aviation AdministrationSee Federal Highway AdministrationSee National Highway Traffic Safety Administration

Treasury DepartmentSee Comptroller of the CurrencySee Customs ServiceSee Fiscal Service

United States Information AgencyNOTICESGrants and cooperative agreements; availability, etc.:

Central and Eastern European training program, 57623–57626

Veterans Affairs DepartmentNOTICES

Agency information collection activities under OMBreview:

Proposed agency information collection activities;comment request, 57626

Separate Parts In This Issue

Part IIDepartment of Transportation, Coast Guard, 57630–57674

Part IIIDepartment of Housing and Urban Development, 57676–

57679

Reader AidsAdditional information, including a list of public laws,telephone numbers, and finding aids, appears in the ReaderAids section at the end of this issue.

Electronic Bulletin BoardFree Electronic Bulletin Board service for Public Lawnumbers, Federal Register finding aids, and a list ofdocuments on public inspection is available on 202–275–1538 or 275–0920.

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in theReader Aids section at the end of this issue.

VIIFederal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Contents

7 CFR989...................................575333600.................................575343601.................................57536Proposed Rules:950...................................57548

9 CFR92.....................................57537Proposed Rules:113...................................57549

11 CFR106...................................575379002.................................575379003.................................575379004.................................575379006.................................575379007.................................575379008.................................575379032.................................575379033.................................575379034 (2 documents) .......57537,

575389036.................................575379037.................................575379038 (2 documents) .......57537,

575389039.................................57537

14 CFR39 (2 documents) ...........57539,

57541Proposed Rules:71 (2 documents) ...........57551,

57552

16 CFRProposed Rules:423...................................57522


24 CFR203...................................57676


40 CFRProposed Rules:63.....................................57628

43 CFR12.....................................57542Proposed Rules:2810.................................57561

46 CFR90.....................................5763098.....................................57630125...................................57630126...................................57630127...................................57630128...................................57630129...................................57630130...................................57630131...................................57630132...................................57630133...................................57630134...................................57630135...................................57630136...................................57630170...................................57630174...................................57630175...................................57630

49 CFR384...................................57543Proposed Rules:571 (4 documents) .........57562,

57565, 57567

50 CFR675...................................57545676...................................57546

This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.

Rules and Regulations Federal Register

57533

Vol. 60, No. 221


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. FV95–989–4FIR]

Raisins Produced From Grapes Grownin California; Expenses andAssessment Rate

AGENCY: Agricultural Marketing Service,USDA.ACTION: Final rule.

SUMMARY: The Department ofAgriculture (Department) is adopting asa final rule, without change, theprovisions of an interim final rule thatauthorized expenses and established anassessment rate that will generate fundsto pay those expenses. Authorization ofthis budget enables the RaisinAdministrative Committee (Committee)to incur expenses that are reasonableand necessary to administer theprogram. Funds to administer thisprogram are derived from assessmentson handlers.EFFECTIVE DATE: August 1, 1995, throughJuly 31, 1996.FOR FURTHER INFORMATION CONTACT:Martha Sue Clark, Marketing OrderAdministration Branch, Fruit andVegetable Division, AMS, USDA, P.O.Box 96456, room 2523–S, Washington,DC 20090–6456, telephone 202–720–9918, or Richard P. Van Diest, CaliforniaMarketing Field Office, Fruit andVegetable Division, AMS, USDA, suite102B, 2202 Monterey Street, Fresno, CA93721, telephone 209–487–5901.SUPPLEMENTARY INFORMATION: This ruleis issued under Marketing Agreementand Order No. 989 (7 CFR part 989),both as amended (7 CFR part 989),regulating the handling of raisinsproduced from grapes grown inCalifornia, hereinafter referred to as the‘‘order.’’ The marketing agreement andorder are effective under the

Agricultural Marketing Agreement Actof 1937, as amended (7 U.S.C. 601–674),hereinafter referred to as the Act.

The Department of Agriculture isissuing this rule in conformance withExecutive Order 12866.

This rule has been reviewed underExecutive Order 12778, Civil JusticeReform. Under the provisions of themarketing order now in effect,California raisins are subject toassessments. It is intended that theassessment rate as issued herein will beapplicable to all assessable raisinshandled during the 1995–96 crop year,which began August 1, 1995, and endsJuly 31, 1996. This final rule will notpreempt any State or local laws,regulations, or policies, unless theypresent an irreconcilable conflict withthis rule.

The Act provides that administrativeproceedings must be exhausted beforeparties may file suit in court. Undersection 608c(15)(A) of the Act, anyhandler subject to an order may filewith the Secretary a petition stating thatthe order, any provision of the order, orany obligation imposed in connectionwith the order is not in accordance withlaw and request a modification of theorder or to be exempted therefrom. Suchhandler is afforded the opportunity fora hearing on the petition. The Actprovides that the district court of theUnited States in any district in whichthe handler is an inhabitant, or has hisor her principal place of business, hasjurisdiction in equity to review theSecretary’s ruling on the petition,provided a bill in equity is filed notlater than 20 days after the date of theentry of the ruling.

Pursuant to the requirements set forthin the Regulatory Flexibility Act (RFA),the Administrator of the AgriculturalMarketing Service (AMS) hasconsidered the economic impact of thisrule on small entities.

The purpose of the RFA is to fitregulatory actions to the scale ofbusiness subject to such actions in orderthat small businesses will not be undulyor disproportionately burdened.Marketing orders issued pursuant to theAct, and the rules issued thereunder, areunique in that they are brought aboutthrough group action of essentiallysmall entities acting on their ownbehalf. Thus, both statutes have smallentity orientation and compatibility.

There are approximately 20 handlersof California raisins who are subject to

regulation under the raisin marketingorder, and approximately 4,500producers in the regulated area. Smallagricultural service firms have beendefined by the Small BusinessAdministration (13 CFR 121.601) asthose whose annual receipts (from allsources) are less than $5,000,000, andsmall agricultural producers are definedas those having annual receipts of lessthan $500,000. No more than eighthandlers, and a majority of producers, ofCalifornia raisins may be classified assmall entities. Twelve of the 20 handlerssubject to regulation have annual salesestimated to be at least $5,000,000, andthe remaining eight handlers have salesless than $5,000,000, excluding receiptsfrom any other sources.

The budget of expenses for the 1995–96 crop year was prepared by theCommittee, the agency responsible forlocal administration of the marketingorder, and submitted to the Departmentfor approval. The members of theCommittee are producers and handlersof California raisins. They are familiarwith the Committee’s needs and withthe costs of goods and services in theirlocal area and are thus in a position toformulate an appropriate budget. Thebudget was formulated and discussed ina public meeting. Thus, all directlyaffected persons have had anopportunity to participate and provideinput.

The assessment rate recommended bythe Committee was derived by dividinganticipated expenses by expectedacquisitions of California raisins.Because that rate will be applied toactual acquisitions, it must beestablished at a rate that will providesufficient income to pay theCommittee’s expenses.

The Committee met August 15, 1995,and unanimously recommended a1995–96 budget of $1,500,000, which is$176,000 more than the previous year.Budget items for 1995–96 which haveincreased compared to those budgetedfor 1994–95 (in parentheses) are: Officesalaries, $226,000 ($123,000), field andcompliance salaries, $75,000 ($44,000),Payroll taxes, $32,000 ($30,000), groupretirement, $23,000 ($20,000), employeebenefit expense, $6,000 ($2,500), generalinsurance, $16,000 ($8,000), groupmedical insurance, $48,000 ($40,000),Committee members insurance, $385($350), equipment expense, $20,000($10,000), office travel, $20,000

57534 Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Rules and Regulations

($14,000), objective measurementsurvey, $15,500 ($14,750), and exportprogram foreign administration,$385,000 ($357,000). The Committeealso recommended $35,000 for exportprogram trade activities and $23,000 forresearch and communications, forwhich no funding was recommendedlast year. Items which have decreasedcompared to those budgeted for 1994–95(in parentheses) are: Executive salaries,$170,000 ($230,000), Committee travel,$50,000 ($75,000), and reserve forcontingencies, $142,115 ($142,400).

The Committee unanimouslyrecommended an assessment rate of$5.00 per ton, which is $1.00 more thanlast year. This rate, when applied toanticipated acquisitions of 300,000 tons,will yield $1,500,000 in assessmentincome, which will be adequate to coveranticipated administrative expenses.Any unexpended assessment funds fromthe crop year are required to be creditedor refunded to the handlers from whomcollected.

An interim final rule was publishedin the Federal Register on September15, 1995 (60 FR 47860). That interimfinal rule added § 989.346 to authorizeexpenses and establish an assessmentrate for the Committee. That ruleprovided that interested persons couldfile comments through October 16,1995. No comments were received.

While this rule will impose someadditional costs on handlers, the costsare in the form of uniform assessmentson handlers. Some of the additionalcosts may be passed on to producers.However, these costs will be offset bythe benefits derived by the operation ofthe marketing order. Therefore, theAdministrator of the AMS hasdetermined that this action will nothave a significant economic impact ona substantial number of small entities.

After consideration of all relevantmatter presented, including theinformation and recommendationssubmitted by the Committee and otheravailable information, it is hereby foundthat this rule, as hereinafter set forth,will tend to effectuate the declaredpolicy of the Act.

It is further found that good causeexists for not postponing the effectivedate of this action until 30 days afterpublication in the Federal Register (5U.S.C. 553) because the Committeeneeds to have sufficient funds to pay itsexpenses which are incurred on acontinuous basis. The 1995–96 cropyear began on August 1, 1995. Themarketing order requires that the rate ofassessment for the crop year apply to allassessable raisins handled during thecrop year. In addition, handlers areaware of this action which was

unanimously recommended by theCommittee at a public meeting andpublished in the Federal Register as aninterim final rule.

List of Subjects in 7 CFR Part 989Grapes, Marketing agreements,

Raisins, Reporting and recordkeepingrequirements.

For the reasons set forth in thepreamble, 7 CFR part 989 is amended asfollows:

PART 989—RAISINS PRODUCEDFROM GRAPES GROWN INCALIFORNIA

Accordingly, the interim final ruleamending 7 CFR part 989 which waspublished at 60 FR 47860 on September15, 1995, is adopted as a final rulewithout change.

Dated: November 8, 1995.Sharon Bomer Lauritsen,Deputy Director, Fruit and Vegetable Division.[FR Doc. 95–28323 Filed 11–15–95; 8:45 am]BILLING CODE 3410–02–P

National Agricultural Statistics Service

7 CFR Part 3600

Organization and Functions

AGENCY: National Agricultural StatisticsService, USDA.ACTION: Final rule.

SUMMARY: This document amendsregulations of the National AgriculturalStatistics Service (NASS) regardingAgency organization and functions ofmajor operational units. Thisamendment is necessary to reflectchanges in the organization of NASSdue to an internal reorganization.EFFECTIVE DATE: November 16, 1995.FOR FURTHER INFORMATION CONTACT:Rich Allen, Associate Administrator,NASS, U.S. Department of Agriculture,Room 4117 South Building, 12th andIndependence Avenue, SW.,Washington, DC 20250–2000, (202) 720–4333.SUPPLEMENTARY INFORMATION: TheFreedom of Information Act, 5 U.S.C.552(a)(1), requires Federal Agencies topublish in the Federal Registerdescriptions of its central and fieldorganizations. NASS is the agencywithin the U.S. Department ofAgriculture primarily responsible forthe development and dissemination ofnational and State agricultural statistics,statistical research, and coordination ofthe Department’s statistical programs.This amendment to 7 CFR Part 3600 isnecessary to reflect changes in the

organization of NASS due to an internalreorganization.

This rule relates to internal agencymanagement. Therefore, pursuant to 5U.S.C. 553, notice of proposedrulemaking and opportunity forcomment are not required, and this rulemay be made effective less than 30 daysafter publication in the FederalRegister. Further, since this rule relatesto internal agency management, it isexempt from the provisions of ExecutiveOrder 12291. Also, this rule will notcause a significant economic impact orother substantial effect on small entities.Therefore, the requirements of theRegulatory Flexibility Act, 5 U.S.C. 601et seq., do not apply.

List of Subjects in 7 CFR Part 3600Organization and functions.Accordingly, 7 CFR Part 3600 is

revised to read as follows:

PART 3600—ORGANIZATION ANDFUNCTIONS

Sec.3600.1 General.3600.2 Organization.3600.3 Functions.3600.4 Authority to act for the

Administrator.

Appendix A to Part 3600—List of StateStatistical Offices

Authority: 5 U.S.C. 301 and 552: and 7 CFR2.85.

§ 3600.1 General.The National Agricultural Statistics

Service (NASS) was established onApril 17, 1986, by Secretary’sMemorandum 1020–24, which renamedthe Statistical Reporting Serviceconcurrent with an internalrestructuring. Primary NASSresponsibilities are development anddissemination of national and Stateagricultural statistics, statisticalresearch, and coordination ofDepartment statistical programs.

§ 3600.2 Organization.The headquarters organization

consists of: The Administrator andAssociate Administrator; DeputyAdministrator for Field Operations;Four Divisions: Estimates, SurveyManagement, Research, and Systemsand Information; and the AgriculturalStatistics Board. In the field, each of the45 State Statistical Offices, serving the50 States, is under a State Statistician.

§ 3600.3 Functions.(a) Administrator. The Administrator

is responsible for the formulation ofcurrent, intermediate, and long-rangepolicies and plans to carry out a broadstatistical program for the agricultural

57535Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Rules and Regulations

sector and Departmental functions andactivities assigned to NASS. Specificfunctions are:

(1) Administering an agriculturalstatistics program which includesestimates of production, marketings,inventories, and selected economiccharacteristics of the U.S. agriculturaland rural economy.

(2) Administering a methodologicalresearch program to improveagricultural data collection andprocessing, data management,estimation, and forecasting.

(3) Administering programs toconduct surveys for other agencies,improve statistics through statisticalstandards for the Department, andcoordinate statistical methods andtechniques within the FederalGovernment.

(4) Administering statistical programsjointly developed through cooperativeagreements with State agencies,universities, private groups, and otherFederal agencies.

(5) Administering selectedinternational agricultural statisticsprograms which provide foreigntechnical assistance, training onstatistical methodology for developingcountries, and exchange of information.

(b) Associate Administrator. TheAssociate Administrator is responsiblefor advising and counseling theAdministrator and high-level policyofficials on matters related to programsof NASS. Major functions include:

(1) Chairing Agricultural StatisticsBoard activities, designating Boardmembership, presiding at Boardsessions, and formulating specificprocedures.

(2) Chairing the NASS StrategicPlanning Council which coordinateslong-range planning, informationresources management, and researchreviews.

(3) Chairing the ResourceManagement Council which coordinatesNASS hiring, promotion, and trainingactivities.

(c) Deputy Administrator for FieldOperations. The Deputy Administratormanages and coordinates data collectionand estimating programs carried out byState Statistical Offices. This includessupervision of statistical programs withcooperating State and private groups,universities, and other Federal agencies.Major functions include:

(1) Formulating policies and programsthat relate to functions andresponsibilities of State StatisticalOffices.

(2) Directing agricultural statisticsprograms established throughcooperative agreements with StateDepartments of Agriculture, Land-Grant

colleges and universities, or appropriateprivate organizations.

(3) Establishing and maintainingrelationships with respondents,producers, commodity groups, datausers, and other interested groups togain cooperation in providing useful,timely, and reliable information.

(d) Director, Estimates Division. TheDirector is responsible for NASSestimating and forecasting programs.Major functions include:

(1) Defining input and outputrequirements, estimators and variancesto be utilized, statistical standards,editing and summarizationrequirements, and analytic procedures.

(2) Collaborating with the Chairpersonof the Agricultural Statistics Board toestablish the annual programs ofstatistical reports.

(3) Developing appropriate systemsparameters; processing, summarizing,and presenting current survey andrelated historical data for AgriculturalStatistics Board analysis; and preparingofficial estimates and forecasts.

(e) Director, Survey ManagementDivision. The Director is responsible forapplication of survey design and datacollection methodologies to theagricultural statistics program. Majorfunctions include:

(1) Constructing and maintainingappropriate sampling frames foragricultural and rural surveys.

(2) Designing, testing, andestablishing survey techniques andstandards, including sample design,sample selection, questionnaires, datacollection methods, survey materials,and training methods for NASS.

(3) Reviewing specifications forspecial data collection activities forprograms of other Federal or Stateagencies.

(f) Director, Research Division. TheDirector is responsible for researchingstatistical methodology for surveydesign, data collection, processing,estimating, and forecasting. Majorfunctions include:

(1) Conducting statistical research todevelop new and improved samplingtechniques, develop improved datacollection methods, and identifymethods of controlling sampling andnonsampling errors.

(2) Researching statistical computingmethods and developing efficient usesof computer technology includingtelecommunications, networking, andother applications.

(3) Developing new statistical theoryand models and solving statisticalproblems, including numerical methodsinvolving advanced mathematicalstatistics.

(g) Director, Systems and InformationDivision. The Director is responsible forNASS information management systemand processing services. Specificfunctions are:

(1) Designing, maintaining, andproviding access to an integrated andstandardized information managementsystem containing sampling frames,survey data, estimates, andadministrative records utilized byNASS.

(2) Providing appropriate support forassisting users of the informationmanagement system throughdocumentation, evaluation, training,and resolution of informationmanagement problems.

(3) Designing and issuing all reportsreleasing official State and nationalestimates and forecasts from NASS.

(h) Chairperson, AgriculturalStatistics Board. The Chairpersonreviews, prepares, and issues on specificdates, following approval by theSecretary of Agriculture as provided bylaw (7 U.S.C. 411a) and DepartmentalRegulation, the official State andnational estimates relating to cropproduction, livestock and livestockproducts, dairy and dairy products,poultry and poultry products, stocks ofagricultural commodities, value of farmproducts, farm inputs, and otherassigned agricultural aspects.

§ 3600.4 Authority to act for theAdministrator.

In the absence of the Administrator,the following officials are designated toserve as Acting Administrator in theorder indicated:Associate AdministratorDeputy Administrator for Field

OperationsDirector, Estimates DivisionDirector, Survey Management DivisionDirector, Systems and Information

DivisionDirector, Research Division

Appendix A to Part 3600—List of StateStatistical Offices

Section 1. General

Information concerning NASS statisticsprograms and activities related to individualStates may be obtained from the StateStatistician, State Statistical Office, NASS, inthe locations listed below.

Section 2. List of Addresses

Alabama, Sterling Centre, Suite 200, 4121Carmichael Road, Montgomery, AL 36106–2872

Alaska, 809 South Chugach Street, Suite 4,Palmer, AK 99645

Arizona, 3003 North Central Avenue, Suite950, Phoenix, AZ 85012

Arkansas, 3408 Federal Office Building,Little Rock, AR 72201


California, 1220 ‘‘N’’ Street, Room 243,Sacramento, CA 95814

Colorado, 645 Parfet Street, Suite W–201,Lakewood, CO 80215–5517

Delaware, Delaware Department ofAgriculture Building, 2320 South DupontHighway, Dover, DE 19901

Florida, 1222 Woodward Street, Orlando, FL32803

Georgia, Stephens Federal Building, Suite320, Athens, GA 30613

Hawaii, State Department of AgricultureBuilding, 1428 South King Street,Honolulu, HI 96814

Idaho, 2224 Old Penitentiary Road, Boise, ID83712

Illinois, Illinois Department of AgricultureBuilding, 801 Sangamon Avenue, Room 54,Springfield, IL 62702

Indiana, 1148 AGAD Building, PurdueUniversity, Room 223, West Lafayette, IN47907–1148

Iowa, 833 Federal Building, 210 WalnutStreet, Des Moines, IA 50309

Kansas, 632 S.W. Van Buren, Room 200,Topeka, KS 66603

Kentucky, Gene Snyder & CourthouseBuilding, 601 W. Broadway, Room 645,Louisville, KY 40202

Louisiana, 5825 Florida Boulevard, BatonRouge, LA 70806

Maryland, 50 Harry S Truman Parkway, Suite202, Annapolis, MD 21401

Michigan, 201 Federal Building, Lansing, MI48904

Minnesota, 8 East 4th Street, Suite 500, St.Paul, MN 55101

Mississippi, 121 North Jefferson Street,Jackson, MS 39201

Missouri, 601 Business Loop West, Suite 240,Columbia, MO 65203

Montana, Federal Building & U.S. CourtHouse, Room 398, 301 S. Park Avenue,Helena, MT 59626

Nebraska, 100 Centennial Mall N., Room 273Federal Building, Lincoln, NE 68508

Nevada, Max C. Fleischmann AgricultureBuilding, Room 232, University of Nevada,Reno, NV 89557

New Hampshire, 22 Bridge Street, Room 301,Concord, NH 03301

New Jersey, Health and Agriculture Building,Room 205, CN–330 New Warren Street,Trenton, NJ 08625

New Mexico, 2507 North Telshor Boulevard,Suite 4, Las Cruces, NM 88001

New York, Department of Agriculture &Markets, 1 Winners Circle, Albany, NY12235

North Carolina, 2 W. Edenton Street, Raleigh,NC 27601–1085

North Dakota, 1250 Albrecht Boulevard,NDSU, Room 448, Fargo, ND 58105

Ohio, 200 N. High Street, New FederalBuilding, Room 608, Columbus, OH 43215

Oklahoma, 2800 North Lincoln Boulevard,Oklahoma City, OK 73105

Oregon, 1220 S.W. Third Avenue, Room1735, Portland, OR 97204

Pennsylvania, 2301 N. Cameron Street, RoomG–19, Harrisburg, PA 17110

South Carolina, 1835 Assembly Street, Room1008, Columbia, SC 29201

South Dakota, 3528 S. Western Avenue,Sioux Falls, SD 57117

Tennessee, 440 Hogan Road, Holeman OfficeBuilding, Ellington Agricultural Center,Nashville, TN 37220–1626

Texas, 300 E. 8th Street, Federal Building,Room 504, Austin, TX 78701

Utah, 176 N. 2200 West—Suite 260, Salt LakeCity, UT 84116

Virginia, 1100 Bank Street, Room 706,Richmond, VA 23219

Washington, 1111 Washington Street, SE,Olympia, WA 98504

West Virginia, 1900 Kanawha Boulevard E,Charleston, WV 25305

Wisconsin, 2811 Agriculture Drive, Madison,WI 53704

Wyoming, 504 W. 17th Street, Suite 250,Cheyenne, WY 82001Done at Washington, D.C., this 2nd day of

November, 1995.Rich Allen,Acting Administrator, National AgriculturalStatistics Service.[FR Doc. 95–27678 Filed 11–15–95; 8:45 am]BILLING CODE 3410–20–M

7 CFR Part 3601

Availability of Information to the Public

AGENCY: National Agricultural StatisticsService, USDA.ACTION: Final rule.

SUMMARY: This document amendsregulations of the National AgriculturalStatistics Service (NASS) regarding theavailability of information to the publicin accordance with the Freedom ofInformation Act (FOIA). Thisamendment is necessary to inform thepublic of the change of location and titleof the FOIA coordinator for NASSdelegated the authority to make initialdeterminations on FOIA requests.EFFECTIVE DATE: November 16, 1995.FOR FURTHER INFORMATION CONTACT:Stasia A.M. Hutchison, FOIACoordinator, Agricultural ResearchService, U.S. Department of Agriculture,6303 Ivy Lane, Room 456, Greenbelt,MD 20770, (301) 344–2207.SUPPLEMENTARY INFORMATION: Part 3601of Title 7, Code of Federal Regulations,is issued in accordance with theregulations of the Secretary ofAgriculture at 7 CFR Part 1, Subpart A,implementing FOIA. This amendmentto §§ 3601.3 and 3601.4 is necessary toinform the public of the change in thelocation and title of the FOIAcoordinator for NASS delegated theauthority to make initial determinationson FOIA requests in accordance with 7CFR 1.3(a)(3).

This rule relates to internal agencymanagement. Therefore, pursuant to 5U.S.C. 553, notice of proposedrulemaking and opportunity forcomment are not required, and this rule

may be made effective less than 30 daysafter publication in the FederalRegister. Further, since this rule relatesto internal agency management, it isexempt from the provisions of ExecutiveOrder 12291. Also, this rule will notcause a significant economic impact orother substantial effect on small entities.Therefore, the requirements of theRegulatory Flexibility Act, 5 U.S.C. 601,et seq., do not apply.

List of Subjects in 7 CFR Part 3601

Freedom of Information Act.

Accordingly, 7 CFR Part 3601 isamended to read as follows:

PART 3601—PUBLIC INFORMATION

1. The authority citation for Part 3601continues to read as follows:

Authority: 5 U.S.C. 301 and 552; 7 CFR1.1–1.23 and Appendix A.

2. Part 3601 is amended by revising§§ 3601.3 and 3601.4 to read as follows:

§ 3601.3 Requests for records.

Requests for records of NASS shall bemade in accordance with § 1.6 (a) and(b) of this title and addressed to: FOIACoordinator, Agricultural ResearchService, USDA, 6303 Ivy Lane, Room456, Greenbelt, MD 20770; Telephone(301) 344–2207, Facsimile (301) 344–2325, TDD (301) 344–2435. The FOIACoordinator is delegated authority tomake determinations regarding suchrequests in accordance with § 1.3(a)(3)of this title.

§ 3601.4 Denials.

If the FOIA Coordinator determinesthat a requested record is exempt frommandatory disclosure and thatdiscretionary release would beimproper, the FOIA Coordinator shallgive written notice of denial inaccordance with § 1.8(a) of this title.

Done at Washington, D.C., this 2nd day ofNovember, 1995.Rich Allen,Acting Administrator, National AgriculturalStatistics Service.[FR Doc. 95–27679 Filed 11–15–95; 8:45 am]BILLING CODE 3410–20–M


Animal and Plant Health InspectionService

9 CFR Part 92

[Docket No. 95–064–2]

Specifically Approved StatesAuthorized To Receive Mares andStallions Imported From CEM-AffectedCountries

AGENCY: Animal and Plant HealthInspection Service, USDA.ACTION: Direct final rule; confirmation ofeffective date.

SUMMARY: On September 27, 1995, theAnimal and Plant Health InspectionService published a direct final rule.(See 60 FR 49751–49752, Docket No.95–044–1). The direct final rule notifiedthe public of our intention to amend theanimal importation regulations byadding Texas to the list of Statesapproved to receive certain mares andstallions imported into the United Statesfrom countries affected with contagiousequine metritis (CEM). We did notreceive any written adverse commentsor written notice of intent to submitadverse comments in response to thedirect final rule.EFFECTIVE DATE: The effective date of thedirect final rule is confirmed as:November 27, 1995.FOR FURTHER INFORMATION CONTACT: Dr.David Vogt, Senior Staff Veterinarian,Import/Export Animals, National Centerfor Import and Export, VS, APHIS, Suite3B05, 4700 River Road Unit 39,Riverdale, MD 20737–1231, (301) 734–8423.

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;21 U.S.C. 102–105, 111, 114a, 134a, 134b,134c, 134d, 134f, 135, 136, and 136a; 31U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

Done in Washington, DC, this 7th day ofNovember 1995.Terry L. Medley,Acting Administrator, Animal and PlantHealth Inspection Service.[FR Doc. 95–28272 Filed 11–15–95; 8:45 am]BILLING CODE 3410–34–P

FEDERAL ELECTION COMMISSION

11 CFR Parts 106, 9002, 9003, 9004,9006, 9007, 9008, 9032, 9033, 9034,9036, 9037, 9038 and 9039

[Notice 1995–20]

Public Financing of PresidentialPrimary and General ElectionCandidates; Correction

AGENCY: Federal Election Commission.

ACTION: Technical Corrections to finalrules.

SUMMARY: This document containstechnical corrections to final rulespublished June 16, 1995 (60 FR 31854)regarding public financing ofpresidential primary and generalelection candidates.EFFECTIVE DATE: August 16, 1995.FOR FURTHER INFORMATION CONTACT:Ms. Susan E. Propper, Assistant GeneralCounsel, 999 E Street, NW.,Washington, DC 20463, (202) 219–3690or (800) 424–9530.SUPPLEMENTARY INFORMATION: On June16, 1995, the Commission publishedfinal rules revising its regulationsgoverning public financing ofpresidential primary and generalelection candidates. 60 FR 31854 (June16, 1995). These regulations implementprovisions of the Presidential ElectionCampaign Fund Act and thePresidential Primary Matching PaymentAccount Act.

Unfortunately, the June 16 final ruledocument contained a number of errorsthat could make the rules misleadingand could cause problems when therules are codified in the Code of FederalRegulations. Some of the errors reflectmistakes contained in the documentsubmitted by the Commission to theFederal Register. Other errors occurredwhen the Federal Register typeset thedocument for publication.

Most of the errors are technical innature. The Commission is publishingthis document to correct these technicalerrors. These corrections are set outbelow. However, the June 16 final ruledocument also contains two errors of amore substantive nature that must becorrected. The Commission ispublishing another document in today’sedition of the Federal Register thatcorrects these errors. Readers interestedin the Commission’s public financingregulations should carefully review bothnotices.

Correction of PublicationAccordingly, the publication of final

regulations on June 16, 1995 (60 FR31854), which were the subject to FRDoc. 95–14667, is corrected as follows:

Explanation and Justification(Preamble) [Corrected]

1. On page 31860, in the thirdcolumn, in the 19th line, ‘‘workable’’should read ‘‘unworkable’’.

2. On page 31860, in the thirdcolumn, in the 34th line, ‘‘selection’’should read ‘‘election’’.

3. On page 31861, in the thirdcolumn, in the last line, ‘‘not’’ shouldread ‘‘no’’.

4. On page 31869, in the secondcolumn, in the first paragraph after theitalicized heading, in the 12th line,‘‘(a)(1)(vi)’’ should read ‘‘(b)(1)(vi)’’.

5. On page 31870, in the first column,in the third paragraph after theheadings, in the 12th line, ‘‘radio’’should read ‘‘ratio’’.

6. On page 31870, in the secondcolumn, in the first and second lines,‘‘is greater than zero and moreaccurately reflects the mix’’ should beremoved.

§ 9003.3 Allowable contributions.[Corrected]

7. On page 31874, in the first column,in § 9003.3(b)(5), in the 11th line,‘‘expendute’’ should read‘‘expenditure’’.

§ 9003.4 Expenses incurred prior to thebeginning of the expenditure report periodor prior to receipt of Federal funds.[Corrected]

8. On page 31874, in the thirdcolumn, the amendatory language ininstruction 8 should read ‘‘Section9003.4 is amended by revising the lastsentence of paragraph (a)(1), and addinga new sentence to the end of paragraph(a)(1), to read as follows:’’.

PART 9006—REPORTS ANDRECORDKEEPING [CORRECTED]

9. On page 31877, in the thirdcolumn, the authority citation followinginstruction 16 should read:

Authority: 2 U.S.C. 434 and 26 U.S.C.9009(b).

PART 9008—FEDERAL FINANCING OFPRESIDENTIAL NOMINATINGCONVENTIONS [CORRECTED]

10. On page 31880, in the thirdcolumn, the authority citation followinginstruction 24 should read:

Authority: 2 U.S.C. 437, 438(a)(8), 26U.S.C. 9008, 9009(b).

PART 9034—ENTITLEMENTS

§ 9034.4 Use of contributions andmatching payments. [Corrected]

11. On page 31882, in the firstcolumn, in § 9034.4(a)(3)(i), in theeighth line, insert a comma after ‘‘officesupplies’’.

12. On page 31882, in the firstcolumn, in § 9034.4(a)(3)(iii), in thesecond line, insert a comma after‘‘9035.1’’.

§ 9034.6 Expenditures for transportationand services made available to mediapersonnel; reimbursements. [Corrected]

13. On page 31884, in the firstcolumn, in § 9034.6, in the heading ofparagraph (c), ‘‘limitations’’ should read‘‘limitation’’.


§ 9038.2 Repayments [Corrected]14. On page 31886, in the second

column, in instruction 44, ‘‘addingparagraphs (a)(4) and (i)’’ should read‘‘adding paragraph (a)(4) and revisingparagraph (h)’’.

15. On page 31886, in the secondcolumn, in § 9038.2(a)(3), in the fourthline, ‘‘given’’ should read ‘‘give’’.

16. On page 31887, in § 9038.2, in thethird column, in the third line, the fiveasterisks following paragraph (g) shouldbe removed, and in the fourth line, theparagraph designated as paragraph (i)should be designated as paragraph (h).

Dated: November 9, 1995.Lee Ann Elliott,Vice Chairman, Federal Election Commission.[FR Doc. 95–28276 Filed 11–15–95; 8:45 am]BILLING CODE 6715–01–M

11 CFR Parts 9034 and 9038

[Notice 1995–19]

Public Financing of PresidentialPrimary and General ElectionCandidates

AGENCY: Federal Election Commission.ACTION: Final rule; correctingamendments.

SUMMARY: This document contains finalrules correcting promulgation errorsmade in final rules published June 16,1995 (60 FR 31854) regarding publicfinancing of presidential primary andgeneral election candidates.DATES: The Commission will announcean effective date for these rules afterthey have been before Congress for 30legislative days pursuant to 26 U.S.C.9039(c). This announcement will bepublished in the Federal Register.FOR FURTHER INFORMATION CONTACT:Ms. Susan E. Propper, Assistant GeneralCounsel, 999 E Street, N.W.,Washington, D.C. 20463, (202) 219–3690or (800) 424–9530.SUPPLEMENTARY INFORMATION: On June16, 1995, the Commission publishedfinal rules revising its regulationsgoverning public financing ofpresidential primary and generalelection candidates. 60 FR 31854 (June16, 1995). These regulations implementprovisions of the Presidential ElectionCampaign Fund Act and thePresidential Primary Matching PaymentAccount Act.

Unfortunately, there were a number oferrors in the June 16 final ruledocument. The Commission ispublishing two documents in today’sedition of the Federal Register to correctthese errors. Readers interested in theCommission’s public financing

regulations should carefully reviewthese two documents.

Most of the errors were of a technicalnature. A Commission documentpublished elsewhere in today’s FederalRegister corrects these technical errors.

However, two of the errors in the June16 final rule document were not purelytechnical in that they reflect errors madein approval of the final rules.Specifically, the June 16 final rulesreplaced § 9034.4(a)(3)(ii) with theversion of that provision that was ineffect before the public financing ruleswere last revised in 1991. 56 FR 35898(July 29, 1991). This had the effect ofeliminating language relating tocandidates who continue to campaignafter their dates of ineligibility. The June16 final rules also removed the‘‘continuing to campaign’’ referencefrom the heading in § 9034.4(a)(3).

In addition, the rules deleted languageinserted in § 9038.2(b)(2)(iii). Thedeleted language reduces the amount ofan ineligible candidate’s repayment byshortening the time period duringwhich the candidate’s non-qualifiedcampaign expenses would generate arepayment obligation.

The Commission never intended tomake these revisions, as is evidenced byreferences to the deleted provisions thatremain in other parts of the final rules.See, e.g., § 9034.4(a)(3)(iii).Consequently, the Commission ispublishing this document to restore thedeleted provisions. The correctedversions of these rules are set out below.Because the regulated community hadan opportunity to comment on theserules before they were promulgated in1991, the Commission believes anadditional comment period isunnecessary. Therefore, in accordancewith 5 U.S.C. 553(b)(B), the Commissionis approving these corrections as finalrules without seeking further comment.The explanation and justification forthese rules is set out at 56 FR 35898(July 29, 1991).

Section 9039(c) of Title 26, UnitedStates Code requires that any rules orregulations prescribed by theCommission to carry out the provisionsof Title 26 of the United States Code betransmitted to the Speaker of the Houseof Representatives and the President ofthe Senate 30 legislative days beforethey are finally promulgated. Theseregulations were transmitted toCongress on November 9, 1995.

Certification of No Effect Pursuant to 5U.S.C. 605(b) (Regulatory FlexibilityAct)

The attached final rules, ifpromulgated, will not have a significantimpact on a substantial number of small

entities. The basis for this certificationis that few, if any, small entities will beaffected by these final rules.Furthermore, any small entities affectedare already required to comply with therequirements of the Presidential PrimaryMatching Payment Account Act in theseareas.

List of Subjects

11 CFR 9034

Campaign funds.

11 CFR 9038

Campaign funds.For the reasons set out in the

preamble, subchapter F of chapter I oftitle 11 of the Code of FederalRegulations is amended as follows:

PART 9034—ENTITLEMENTS

1. The authority citation for part 9034continues to read as follows:

Authority: 26 U.S.C. 9034 and 9039(b).

2. Section 9034.4 is amended byrevising the heading in paragraph (a)(3),and by revising paragraph (a)(3)(ii), toread as follows:

§ 9034.4 Use of contributions andmatching payments.

(a) * * *(3) Winding down costs and

continuing to campaign. * * *(ii) If the candidate continues to

campaign after becoming ineligible dueto the operation of 11 CFR 9033.5(b), thecandidate may only receive matchingfunds based on net outstandingcampaign obligations as of thecandidate’s date of ineligibility. Thestatement of net outstanding campaignobligations shall only include costsincurred before the candidate’s date ofineligibility for goods and services to bereceived before the date of ineligibilityand for which written arrangement orcommitment was made on or before thecandidate’s date of ineligibility, andshall not include winding down costsuntil the date on which the candidatequalifies to receive winding down costsunder paragraph (a)(3)(i) of this section.

Contributions received after thecandidate’s date of ineligibility may beused to continue to campaign, and maybe submitted for matching fundpayments. The candidate shall beentitled to receive the same proportionof matching funds to defray netoutstanding campaign obligations as thecandidate received before his or her dateof ineligibility. Payments from thematching payment account that arereceived after the candidate’s date ofineligibility may be used to defray thecandidate’s net outstanding campaign


obligations, but shall not be used todefray any costs associated withcontinuing to campaign unless thecandidate reestablishes eligibility under11 CFR 9033.8.* * * * *

PART 9038—EXAMINATIONS ANDAUDITS


Authority: 26 U.S.C. 9038 and 9039(b).

2. Section 9038.2 is amended byrevising the last sentence in paragraph(b)(2)(iii)(B) to read as follows:

§ 9038.2 Repayments.

* * * * *(b) * * *(2) * * *(iii) * * *(B) * * * In doing this, the

Commission will review committeeexpenditures from the date of the lastmatching fund payment to which thecandidate was entitled, using theassumption that the last payment hasbeen expended on a last-in, first-outbasis.* * * * *

Dated: November 9, 1995.Lee Ann Elliott,Vice Chairman, Federal Election Commission.[FR Doc. 95–28275 Filed 11–15–95; 8:45 am]BILLING CODE 6715–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–CE–81–AD; Amendment 39–9431; AD 95–23–11]

Airworthiness Directives; AerostarAircraft Corporation PA–60–600(Aerostar 600) Series (Formerly PiperAircraft Corporation) Airplanes

AGENCY: Federal AviationAdministration, DOT.ACTION: Final rule; request forcomments.

SUMMARY: This amendment adopts anew airworthiness directive (AD) thatapplies to certain Aerostar AircraftCorporation (Aerostar) PA–60–600series airplanes. This action requiresrepetitively inspecting the fuselagehorizontal stabilizer attach fittings forcracks, and replacing any crackedfuselage horizontal stabilizer attachfitting. A report of several cracks foundon the forward horizontal stabilizerattach spar fitting on an Aerostar Model

PA–60–601P airplane prompted thisaction. The actions specified by this ADare intended to prevent undetectedcracked fuselage horizontal attachfittings, which could result in thefuselage horizontal stabilizer separatingfrom the airplane while in flight withsubsequent loss of control of theairplane.DATES: Effective November 30, 1995.

The incorporation by reference ofcertain publications listed in theregulations is approved by the Directorof the Federal Register as of November30, 1995.

Comments for inclusion in the RulesDocket must be received on or beforeJanuary 10, 1996.ADDRESSES: Submit comments intriplicate to the Federal AviationAdministration (FAA), Central Region,Office of the Assistant Chief Counsel,Attention: Rules Docket 95–CE–81–AD,Room 1558, 601 E. 12th Street, KansasCity, Missouri 64106.

Service information that applies tothis AD may be obtained from theAerostar Aircraft Corporation, CustomerService Department, South 3608Davison Boulevard, Spokane,Washington 99204; telephone (509)455–8872. This information may also beexamined at the Federal AviationAdministration (FAA), Central Region,Office of the Assistant Chief Counsel,Attention: Rules Docket 95–CE–81–AD,Room 1558, 601 E. 12th Street, KansasCity, Missouri 64106; or at the Office ofthe Federal Register, 800 North CapitolStreet, NW., suite 700, Washington, DC.FOR FURTHER INFORMATION CONTACT: Mr.Richard N. Simonson, AerospaceEngineer, Seattle Aircraft CertificationOffice, 1601 Lind Avenue, S.W., Renton,Washington 98055–4056; telephone(206) 227–2597; facsimile (206) 227–1181.SUPPLEMENTARY INFORMATION: The FAAhas received a report where severalcracks were found in the fuselageforward horizontal stabilizer attach sparfitting on an Aerostar Model PA–60–601P airplane. Further investigationrevealed that stress corrosion caused thecracks. This airplane had beeninspected for cracks in the fuselagehorizontal stabilizer attach spar fittingsconsistently at intervals of 200 hourstime-in-service (TIS).

The affected airplane had a total usagetime of 4,279 hours (TIS), which isconsidered about average for the fleet ofapproximately 600 Aerostar PA–60–600series airplanes registered in the UnitedStates. Undetected cracked fuselagehorizontal stabilizer attach fittings couldresult in the fuselage horizontalstabilizer separating from the airplane

while in flight with subsequent loss ofcontrol of the airplane.

Aerostar has issued Service BulletinSB600–130, dated September 26, 1995,which specifies procedures forinspecting fuselage horizontal stabilizerattach fittings on Aerostar PA–60–600series airplanes.

After examining the circumstancesand reviewing all available informationrelated to the incidents described aboveincluding the referenced servicebulletin, the FAA has determined thatAD action should be taken to preventundetected cracked fuselage horizontalattach fittings, which could result in thefuselage horizontal stabilizer separatingfrom the airplane while in flight withsubsequent loss of control of theairplane.

Since an unsafe condition has beenidentified that is likely to exist ordevelop in other Aerostar PA–60–600series airplanes of the same type design,this AD requires repetitively inspectingthe fuselage horizontal stabilizer attachfittings for cracks, and replacing anycracked fuselage horizontal stabilizerattach fitting with a serviceableapproved part of like design.Accomplishment of these inspectionsare in accordance with Aerostar ServiceBulletin SB600–130, dated September26, 1995. Any fuselage horizontalstabilizer attach fitting replacement thatis required shall be accomplished inaccordance with the applicablemaintenance manual.

The compliance time of this AD ispresented in calendar time and hoursTIS. Cracking of the fuselage horizontalstabilizer attach fittings on the affectedairplane is caused by stress corrosion,which starts as a result of stress loadsincurred through operation. Corrosioncan then develop regardless of whetherthe airplane is in flight. The cracks maynot be noticed initially as a result of thestress loads, but could then developthrough corrosion. In order to ensurethat these stress corrosion cracks do notgo undetected, a compliance time ofspecific hours TIS and calendar time(whichever occurs first) is utilized.

Since a situation exists (possibleseparation of the fuselage horizontalstabilizer separating from the airplaneduring flight) that requires theimmediate adoption of this regulation, itis found that notice and opportunity forpublic prior comment hereon areimpracticable, and that good causeexists for making this amendmenteffective in less than 30 days.

Comments InvitedAlthough this action is in the form of

a final rule that involves requirementsaffecting immediate flight safety and,


thus, was not preceded by notice andopportunity to comment, comments areinvited on this rule. Interested personsare invited to comment on this rule bysubmitting such written data, views, orarguments as they may desire.Communications should identify theRules Docket number and be submittedin triplicate to the address specifiedabove. All communications received onor before the closing date for commentswill be considered, and this rule may beamended in light of the commentsreceived. Factual information thatsupports the commenter’s ideas andsuggestions is extremely helpful inevaluating the effectiveness of the ADaction and determining whetheradditional rulemaking action would beneeded.

Comments are specifically invited onthe overall regulatory, economic,environmental, and energy aspects ofthe rule that might suggest a need tomodify the rule. All commentssubmitted will be available, both beforeand after the closing date for comments,in the Rules Docket for examination byinterested persons. A report thatsummarizes each FAA-public contactconcerned with the substance of this ADwill be filed in the Rules Docket.

Commenters wishing the FAA toacknowledge receipt of their commentssubmitted in response to this noticemust submit a self-addressed, stampedpostcard on which the followingstatement is made: ‘‘Comments toDocket No. 95–CE–81–AD.’’ Thepostcard will be date stamped andreturned to the commenter.

The regulations adopted herein willnot have substantial direct effects on theStates, on the relationship between thenational government and the States, oron the distribution of power andresponsibilities among the variouslevels of government. Therefore, inaccordance with Executive Order 12612,it is determined that this final rule doesnot have sufficient federalismimplications to warrant the preparationof a Federalism Assessment.

The FAA has determined that thisregulation is an emergency regulationand that must be issued immediately tocorrect an unsafe condition in aircraft,and is not a significant regulatory actionunder Executive Order 12866. It hasbeen determined further that this actioninvolves an emergency regulation underDOT Regulatory Policies and Procedures(44 FR 11034, February 26, 1979). If itis determined that this emergencyregulation otherwise would besignificant under DOT RegulatoryPolicies and Procedures, a finalregulatory evaluation will be preparedand placed in the Rules Docket

(otherwise, an evaluation is notrequired). A copy of it, if filed, may beobtained from the Rules Docket.


Air transportation, Aircraft, Aviationsafety, Incorporation by reference,Safety.

Adoption of the Amendment

Accordingly, pursuant to theauthority delegated to me by theAdministrator, the Federal AviationAdministration amends part 39 of theFederal Aviation Regulations (14 CFRpart 39) as follows:

PART 39—AIRWORTHINESSDIRECTIVES


Authority: 49 U.S.C. 106(g), 40101, 40113,44701.

§ 39.13 [Amended]

2. Section 39.13 is amended byadding a new airworthiness directive(AD) to read as follows:95–23–11 Aerostar Aircraft Corporation:

Amendment 39–9431; Docket No. 95–CE–81–AD.

Applicability: The following model andserial number airplanes, certificated in anycategory:

Models Serial Nos.

PA–60–600 .......Aerostar 600

60–0001–003 through60–0933–8161262.

PA–60–601 .......Aerostar 601

61–0001–004 through61–0880–8162157.

PA–60–601P .....Aerostar 601P

61P–0157–001 through61P–0860–8163455.

PA–60–602P .....Aerostar 602P

62P–0750–8165001through 60–8365021

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenmodified, altered, or repaired in the areasubject to the requirements of this AD. Forairplanes that have been modified, altered, orrepaired so that the performance of therequirements of this AD is affected, theowner/operator must request approval for analternative method of compliance inaccordance with paragraph (d) of this AD.The request should include an assessment ofthe effect of the modification, alteration, orrepair on the unsafe condition addressed bythis AD; and, if the unsafe condition has notbeen eliminated, the request should includespecific proposed actions to address it.

Compliance: Required initially within thenext 25 hours time-in-service (TIS) after theeffective date of this AD or within the next2 calendar months after the effective date ofthis AD, whichever occurs first, unlessalready accomplished, and thereafter atintervals not to exceed 100 hours TIS or 12calendar months, whichever occurs first.

To prevent the fuselage horizontalstabilizer from separating from the airplanewhile in flight because of cracked attachfittings, which, if not detected and replaced,could result in loss of control of the airplane,accomplish the following:

(a) Inspect the upper and lower horizontalflanges on the left and right sides of thefollowing parts for cracks in accordance withthe INSTRUCTIONS section of AerostarService Bulletin SB600–130, datedSeptember 26, 1995.

(1) The part number (P/N) 210006–001fitting (forward fuselage horizontal stabilizerattach fitting); and

(2) The P/N 210007–001 fitting (aft fuselagehorizontal stabilizer attach fitting).

(b) Prior to further flight, replace anyfuselage horizontal stabilizer attach fittingfound cracked during any inspectionrequired by paragraph (a) of this AD.Accomplish this replacement in accordancewith the applicable maintenance manual.

(c) Special flight permits may be issued inaccordance with §§ 21.197 and 21.199 of theFederal Aviation Regulations (14 CFR 21.197and 21.199) to operate the airplane to alocation where the requirements of this ADcan be accomplished.

(d) An alternative method of compliance oradjustment of the initial or repetitivecompliance times that provides an equivalentlevel of safety may be approved by theManager, Seattle Aircraft Certification Office(ACO), 1601 Lind Avenue, SW., Renton,Washington 98055–4056. The request shallbe forwarded through an appropriate FAAMaintenance Inspector, who may addcomments and then send it to the Manager,Seattle ACO.

Note 2: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the Seattle ACO.

(e) The inspections required by this ADshall be done in accordance with AerostarService Bulletin SB600–130, datedSeptember 26, 1995. This incorporation byreference was approved by the Director of theFederal Register in accordance with 5 U.S.C.552(a) and 1 CFR part 51. Copies may beobtained from the Aerostar AircraftCorporation, Customer Service Department,South 3608 Davison Boulevard, Spokane,Washington 99204. Copies may be inspectedat the FAA, Central Region, Office of theAssistant Chief Counsel, Room 1558, 601 E.12th Street, Kansas City, Missouri, or at theOffice of the Federal Register, 800 NorthCapitol Street, NW., 7th Floor, suite 700,Washington, DC.

(f) This amendment (39–9431) becomeseffective on November 30, 1995.

Issued in Kansas City, Missouri, onNovember 8, 1995.Henry A. Armstrong,Acting Manager, Small Airplane Directorate,Aircraft Certification Service.[FR Doc. 95–28147 Filed 11–15–95; 8:45 am]BILLING CODE 4910–13–U


14 CFR Part 39

[Docket No. 95–NM–210–AD; Amendment39–9428; AD 95–23–08]

Airworthiness Directives; Avro ModelBAe 146 Series Airplanes

AGENCY: Federal AviationAdministration, DOT.ACTION: Final rule; request forcomments.

SUMMARY: This amendment adopts anew airworthiness directive (AD),applicable to certain Avro Model BAe146 series airplanes. This actionrequires inspections to detect crackingand damage of the fastener holes in thebutt strap at rib 2 at the lower surfaceof the right-hand wing; repair ofdiscrepancies; and replacement of thefastener bolts. This amendment isprompted by a report that certain wingswere manufactured with a reduction inthe amount of edge margin between thefastener hole centers and the edge of thebutt strap; this condition can result ina decrease in the long-term damagetolerance residual strength of the wing.The actions specified in this AD areintended to prevent cracking and otherproblems associated with a suchdecrease in the long-term damagetolerance residual strength of the wing.DATES: Effective December 1, 1995.

The incorporation by reference ofcertain publications listed in theregulations is approved by the Directorof the Federal Register as of December1, 1995.

Comments for inclusion in the RulesDocket must be received on or beforeJanuary 16, 1996.ADDRESSES: Submit comments intriplicate to the Federal AviationAdministration (FAA), TransportAirplane Directorate, ANM–103,Attention: Rules Docket No. 95–NM–210–AD, 1601 Lind Avenue, SW.,Renton, Washington 98055–4056.

The service information referenced inthis AD may be obtained from BritishAerospace Holdings, Inc., AvroInternational Aerospace Division, P.O.Box 16039, Dulles International Airport,Washington, DC 20041–6039. Thisinformation may be examined at theFAA, Transport Airplane Directorate,1601 Lind Avenue, SW., Renton,Washington; or at the Office of theFederal Register, 800 North CapitolStreet, NW., suite 700, Washington, DC.FOR FURTHER INFORMATION CONTACT: TimBackman, Aerospace Engineer,Standardization Branch, ANM–113,FAA, Transport Airplane Directorate,1601 Lind Avenue, SW., Renton,Washington 98055–4056; telephone(206) 227–2797; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: The CivilAviation Authority (CAA), which is theairworthiness authority for the UnitedKingdom, recently notified the FAA thatan unsafe condition may exist on certainAvro Model BAe 146 series airplanes.The CAA advises that four wing-sets,delivered from the vendor and installedon four airplanes, were manufacturedwith a marked reduction in the amountof edge margin between the fastenerhole centers and edge of the rib 2 buttstrap on the lower surface of the right-hand wing. (Edge margin is defined asthe distance from the center of thefastener hole to the nearest edge of thepart.) A reduction in edge margin couldlead to a decrease in the long-termdamage tolerance residual strength ofthe wing. This condition, if notcorrected, could result in fatiguecracking and other damage occurring inthe subject area at a time that is earlierthan anticipated.

Avro International Aerospace hasissued Service Bulletin 57–40, datedMarch 18, 1994. This service bulletindescribes procedures for removing fourspecific fasteners from the rib 2 buttstrap on the lower surface of the right-hand wing, and conducting an eddycurrent inspection to detect cracking ofthe vacant fastener holes. The servicebulletin also describes procedures forconducting a visual inspection of thefastener holes to detect other damage,such as scoring that has resulted fromremoval of the bolts; and to check thediameter of each hole to determine if itis within the allowable tolerance. Theservice bulletin also containsprocedures for repairing cracked,damaged, or incorrectly sized holes byoversizing them, and for installing newfastener bolts. The CAA classified thisservice bulletin as mandatory in order toassure the continued airworthiness ofthese airplanes in the United Kingdom.

This airplane model is manufacturedin the United Kingdom and is typecertificated for operation in the UnitedStates under the provisions of section21.29 of the Federal AviationRegulations (14 CFR 21.19) and theapplicable bilateral airworthinessagreement. Pursuant to this bilateralairworthiness agreement, the CAA haskept the FAA informed of the situationdescribed above. The FAA hasexamined the findings of the CAA,reviewed all available information, anddetermined that AD action is necessaryfor products of this type design that arecertificated for operation in the UnitedStates.

Since an unsafe condition has beenidentified that is likely to exist ordevelop on other airplanes of the sametype design registered in the United

States, this AD is being issued toprevent cracking and other problemsassociated with a decrease in the long-term damage tolerance residual strengthof the wing. This AD requires repetitiveeddy current inspections to detectcracking of the 4 fastener holes at the rib2 butt strap on the lower surface of theright-hand wing. It also requiresrepetitive visual inspections of thefastener holes to detect other damage,such as scoring that has resulted fromremoval of the bolts; and to check thediameter of each fastener hole todetermine if it is within the allowabletolerance. If no cracking or damage isdetected in a fastener hole, and if thehole’s diameter is within tolerancelimits, a new bolt must be installed. Ifany cracking or damage is detected, orif the hole’s diameter is outside oftolerance limits, the hole must beoversized and cleaned, and a new boltmust be installed. The actions arerequired to be accomplished inaccordance with the service bulletindescribed previously.

None of the Model BAe 146 seriesairplanes affected by this action are onthe U.S. Register. All airplanes includedin the applicability of this rule currentlyare operated by non-U.S. operatorsunder foreign registry; therefore, theyare not directly affected by this ADaction. However, the FAA considers thatthis rule is necessary to ensure that theunsafe condition is addressed in theevent that any of these subject airplanesare imported and placed on the U.S.Register in the future.

Should an affected airplane beimported and placed on the U.S.Register in the future, it would requireapproximately 8 work hours toaccomplish the required actions, at anaverage labor charge of $60 per workhour. Based on these figures, the totalcost impact of this AD would be $480per airplane.

Since this AD action does not affectany airplane that is currently on theU.S. register, it has no adverse economicimpact and imposes no additionalburden on any person. Therefore, noticeand public procedures hereon areunnecessary and the amendment may bemade effective in less than 30 days afterpublication in the Federal Register.

Comments InvitedAlthough this action is in the form of

a final rule and was not preceded bynotice and opportunity for publiccomment, comments are invited on thisrule. Interested persons are invited tocomment on this rule by submittingsuch written data, views, or argumentsas they may desire. Communicationsshall identify the Rules Docket number


and be submitted in triplicate to theaddress specified under the captionADDRESSES. All communicationsreceived on or before the closing datefor comments will be considered, andthis rule may be amended in light of thecomments received. Factual informationthat supports the commenter’s ideas andsuggestions is extremely helpful inevaluating the effectiveness of the ADaction and determining whetheradditional rulemaking action would beneeded.

Comments are specifically invited onthe overall regulatory, economic,environmental, and energy aspects ofthe rule that might suggest a need tomodify the rule. All commentssubmitted will be available, both beforeand after the closing date for comments,in the Rules Docket for examination byinterested persons. A report thatsummarizes each FAA-public contactconcerned with the substance of this ADwill be filed in the Rules Docket.

Commenters wishing the FAA toacknowledge receipt of their commentssubmitted in response to this rule mustsubmit a self-addressed, stampedpostcard on which the followingstatement is made: ‘‘Comments toDocket Number 95–NM–210–AD.’’ Thepostcard will be date stamped andreturned to the commenter.

The regulations adopted herein willnot have substantial direct effects on theStates, on the relationship between thenational government and the States, oron the distribution of power andresponsibilities among the variouslevels of government. Therefore, inaccordance with Executive Order 12612,it is determined that this final rule doesnot have sufficient federalismimplications to warrant the preparationof a Federalism Assessment.

For the reasons discussed above, Icertify that this action (1) is not a‘‘significant regulatory action’’ underExecutive Order 12866; (2) is not a‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034, February 26, 1979); and (3)will not have a significant economicimpact, positive or negative, on asubstantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act. A final evaluation hasbeen prepared for this action and it iscontained in the Rules Docket. A copyof it may be obtained from the RulesDocket at the location provided underthe caption ADDRESSES.


Air transportation, Aircraft, Aviationsafety, Incorporation by reference,Safety.

Adoption of the AmendmentAccordingly, pursuant to the

authority delegated to me by theAdministrator, the Federal AviationAdministration amends part 39 of theFederal Aviation Regulations (14 CFRpart 39) as follows:

PART 39—AIRWORTHINESSDIRECTIVES


Authority: 49 USC 106(g), 40101, 40113,44701.

§ 39.13 [Amended]2. Section 39.13 is amended by

adding the following new airworthinessdirective:95–23–08 Avro International Aerospace

(Formerly British Aerospace):Amendment 39–9428. Docket 95–NM–210–AD.

Applicability: Model BAe 146 seriesairplanes; having constructors’ numbersE2188, E2192, E3190, and E3194; certificatedin any category.

Note 1: This AD applies to each airplaneidentified in the preceding applicabilityprovision, regardless of whether it has beenotherwise modified, altered, or repaired inthe area subject to the requirements of thisAD. For airplanes that have been modified,altered, or repaired so that the performanceof the requirements of this AD is affected, theowner/operator must use the authorityprovided in paragraph (d) of this AD torequest approval from the FAA. Thisapproval may address either no action, if thecurrent configuration eliminates the unsafecondition; or different actions necessary toaddress the unsafe condition described inthis AD. Such a request should include anassessment of the effect of the changedconfiguration on the unsafe conditionaddressed by this AD. In no case does thepresence of any modification, alteration, orrepair remove any airplane from theapplicability of this AD.

Compliance: Required as indicated, unlessaccomplished previously.

To prevent cracking and other problemsassociated with a decrease in the long-termdamage tolerance residual strength of thewing, accomplish the following:

(a) Prior to the accumulation of 36,000 totallandings or within 3 months after theeffective date of this AD, whichever occurslater, remove the 4 fasteners from the rib 2butt strap on the lower wing surface of theright-hand wing and accomplish therequirements of paragraphs (a)(1) and (a)(2)of this AD, in accordance with Avro ServiceBulletin 57–40, dated March 19, 1994:

(1) Perform an eddy current inspection ofeach of the fastener holes to detect cracking.

(2) Perform a visual inspection of each ofthe fastener holes to detect evidence ofdamage, such as scoring that has resultedfrom removal of the bolts; and to check thediameter of each hole to determine if it iswithin the allowable tolerance specified inthe service bulletin.

(b) If the fastener hole is free of cracks anddamage, and if the hole’s diameter is withinthe allowable tolerance, prior to furtherflight, install a new bolt in accordance withthe service bulletin. Thereafter, repeat theinspections specified in paragraph (a) of thisAD at intervals not to exceed 9,000 landings.

(c) If the hole is cracked or shows evidenceof damage, or if the hole’s diameter is outsidethe allowable tolerance, prior to furtherflight, oversize the hole, clean out thedamage, and install a new bolt, in accordancewith the service bulletin. Thereafter, repeatthe inspections specified in paragraph (a) ofthis AD at intervals not to exceed 9,000landings.

(d) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager,Standardization Branch, ANM–113, FAA,Transport Airplane Directorate. Operatorsshall submit their requests through anappropriate FAA Principal MaintenanceInspector, who may add comments and thensend it to the Manager, StandardizationBranch, ANM–113.

Note 2: Information concerning theexistence of approved alternative methods ofcompliance with this AD, if any, may beobtained from the Standardization Branch,ANM–113.

(e) Special flight permits may be issued inaccordance with §§ 21.197 and 21.199 of theFederal Aviation Regulations (14 CFR 21.197and 21.199) to operate the airplane to alocation where the requirements of this ADcan be accomplished.

(f) The actions shall be done in accordancewith Avro Service Bulletin 57–40, datedMarch 18, 1994. This incorporation byreference was approved by the Director of theFederal Register in accordance with 5 U.S.C.552(a) and 1 CFR part 51. Copies may beobtained from British Aerospace Holdings,Inc., Avro International Aerospace Division,P.O. Box 16039, Dulles International Airport,Washington, DC 20041–6039. Copies may beinspected at the FAA, Transport AirplaneDirectorate, 1601 Lind Avenue, SW., Renton,Washington; or at the Office of the FederalRegister, 800 North Capitol Street, NW., suite700, Washington, DC.

(g) This amendment becomes effective onDecember 1, 1995.

Issued in Renton, Washington, onNovember 6, 1995.Darrell M. Pederson,Acting Manager, Transport AirplaneDirectorate, Aircraft Certification Service.[FR Doc. 95–27912 Filed 11–15–95; 8:45 am]BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 12

Cost Principles for State, Local andTribal Governments; Clarification ofPolicy

AGENCY: Office of the Secretary, Interior.


ACTION: Clarification of applicability ofpolicy.

SUMMARY: This document providesclarification of Departmental policyconcerning the applicability of the finalrevision of OMB Circular A–87, ‘‘CostPrinciples for State, Local and IndianTribal Governments,’’ published on May17, 1995 (60 FR 26484–26507). It is theintent of the Department that thisrevised version of OMB Circular A–87apply to awards made by theDepartment and its bureaus and officesas applicable.EFFECTIVE DATE: The clarification of theapplicability of the policy is effectiveNovember 16, 1995.FOR FURTHER INFORMATION CONTACT:Debra E. Sonderman (Director,Procurement and Property ManagementSystems), (202) 208–3336.SUPPLEMENTARY INFORMATION: The Officeof Management and Budget published arevised version of Circular A–87 on May17, 1995 (60 FR 26484–26507).Paragraph 7, Required Action, of thefinal revision of the Circular requiresthat agencies issue codified regulationsimplementing the provisions of theCircular by September 1, 1995. TheDepartment already has publishedpermanent regulations incorporating theCircular. See 43 CFR 12.2(b)(1). 43 CFR12.12(c) also makes any changes to theCircular published in the FederalRegister a part of the regulation.

The Department adopted the CommonRule on ‘‘Uniform AdministrativeRequirements for Grants andCooperative Agreements to State andLocal Governments’’ at 43 CFR Part 12,Subpart C. In addition, promulgation ofthe regulation, ‘‘Uniform AdministrativeRequirements for Grants andAgreements with Institutions of HigherEducation, Hospitals, and other Non-Profit Organizations,’’ in subpart F,implements OMB Circular A–110.

Both of these regulations refer to OMBCircular A–87 as being the applicabledirective for cost principles for Stateand local governments. Neitherregulation identifies the specific versionof the Circular to which it is referring.Nevertheless, because the Department’sregulatory language at 43 CFR 12.12(c)indicates that any changes published inthe Federal Register apply, theDepartment interprets our regulation tomean that the May 17, 1995, publicationof the revised OMB Circular A–87applies, according to the conditionsstated in the Circular.

Therefore, the Department isclarifying that the May 17, 1995, versionof the Circular is adopted without anyfurther promulgation of regulations.

Until OMB issues another version, anyreference to OMB Circular A–87 afterthe effective date for the Circular meansthe May 17, 1995, version.

Dated: October 28, 1995.Bonnie R. Cohen,Assistant Secretary—Policy, Managementand Budget.[FR Doc. 95–28288 Filed 11–15–95; 8:45 am]BILLING CODE 4310–RF–M


Federal Highway Administration

49 CFR Part 384

[FHWA Docket No. MC–93–9]

RIN 2125–AD70

State Compliance With CommercialDriver’s License Program

AGENCY: Federal HighwayAdministration (FHWA), DOT.ACTION: Final Rule, TechnicalAmendment.

SUMMARY: The FHWA is changing theapplicability date of 49 CFR384.231(b)(2) from October 1, 1995, toMay 18, 1997, in order to allow theStates additional time to solve theproblem of disqualifying commercialmotor vehicle (CMV) operatorsconvicted of a disqualifying offense oroffenses who do not possess acommercial driver’s license (CDL) andfor whom the State cannot identify asocial security number (SSN).EFFECTIVE DATE: November 16, 1995.FOR FURTHER INFORMATION CONTACT: Mr.Ronald Finn, Driver Division, Office ofMotor Carrier Research and Standards(202) 366–0647, or Ms. Grace Reidy,Motor Carrier Law Division, Office ofthe Chief Counsel, (202) 366–0834,Federal Highway Administration, 400Seventh Street, SW., Washington, D.C.20590. Office hours are from 7:45 a.m.to 4:15 p.m., e.t., Monday throughFriday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

BackgroundIn 1986, Congress enacted the

Commercial Motor Vehicle Safety Act(Pub. L. 99–570, 100 Stat. 3207–170, asamended; 49 U.S.C. 31302 et seq.) (theAct) to improve the safety of CMVdrivers throughout the Nation. The goalsof the Act are:

(1) Prevent CMV drivers fromconcealing unsafe driving records bycarrying licenses from more than oneState,

(2) Ensure that all CMV driversdemonstrate the minimum levels of

knowledge and skills needed to safelyoperate CMVs before being licensed,and

(3) Subject CMV drivers to new,uniform sanctions for certain unsafedriving practices.

To accomplish these goals, Congressassigned responsibilities and deadlinesto CMV drivers, employers, States, andthe Secretary of Transportation. Allresponsibilities of the Secretary ofTransportation in the Act weredelegated to the FHWA. Theresponsibilities imposed on the Stateswere enumerated in section 12009(a) ofthe Act (49 U.S.C. 31311). An additionalrequirement, bringing the number to 17,was later added to 49 U.S.C. 31311 bythe Intermodal Surface TransportationEfficiency Act of 1991 (Pub. L. 102–240,105 Stat. 1914).

A notice of proposed rulemaking(NPRM) was published in the FederalRegister (58 FR 34344) on June 24, 1993.It proposes standards which Stateswould have to meet in order to be incompliance with the Act and avoid theloss of Federal-aid highway funds. ThisNPRM proposes amending title 49 of theCode of Federal Regulations to includea whole new part 384 in which todelineate all the compliancerequirements imposed on the States bythe Act. This part would also specify theState procedures for determiningwhether a State was in compliance withthe Act.

A final rule reiterating these standardsand procedures with some minoradaptations and clarifications waspublished in the Federal Register (59FR 26029) on May 18, 1994. As a resultof this rulemaking, the States arerequired by 49 CFR 384.231 (b) and (c)to disqualify expeditiously a personconvicted of the offenses enumerated in49 CFR 383.51(b)(2) (i) through(v). Inaddition, the State must make a recordof the disqualification and providecertain specific personal identifierinformation on the convicted individualto the Commercial Driver’s LicenseInformation System (CDLIS) (49 CFR384.231(d)).

Petition: Mr. John Strandquist,President and Chief Executive Officer ofthe American Association of MotorVehicle Administrators (AAMVA), fileda petition on August 23, 1995, askingthat the effective date for 49 CFR384.231(b)(2), regarding disqualificationof non-CDL holders, be changed fromOctober 1, 1995, to September 1, 1996.Mr. Strandquist explained that theCDLIS computer record specificationsrequire that the State include theoperator’s SSN as part of the masterpointer record. However, the currentrequirements in 49 CFR part 383 do not


require a non-CDL holder, operating aCMV, to provide his or her SSN to theState. Mr. Strandquist further pointedout that some consistent and universallyagreed upon solution to address theproblem of disqualifying CMV operatorswithout a CDL, for whom the Statecannot identify a SSN, must bedeveloped by the States. In addition, theStates would have to demonstrate thatthey could successfully operate usingthe yet to be developed solution. Heestimated that it will take at least untilSeptember 1, 1996, for all the States toaccomplish any solution that might beproposed.

Response: The requirements in 49CFR part 384 are primarily directedtoward State driver licensingadministrators and other State officialswith responsibility to develop,administer, and enforce the CDLprogram. The FHWA agrees withAAMVA that the States will not be ableto comply with the provisions of 49 CFR384.231(b)(2) by October 1, 1995.Consequently, the deadline will beextended to May 18, 1997. Traditionallythe FHWA has given parties subject tomotor carrier regulations at least 3 yearsin order to comply with newrequirements, but the regulations atissue in this case were published onMay 18, 1994, and the effective datespecified for compliance with 49 CFR384.321(b)(2) regarding disqualificationof non-CDL holders was set as October1, 1995. By pushing the deadline forcompliance back to May 18, 1997, theFHWA is merely providing Stateofficials, to whom 49 CFR Part 384 isprincipally directed, the customarythree years in which to comply. Forthese reasons and since this ruleimposes no additional burdens on theStates, the FHWA finds good cause tomake this regulation final without priornotice and opportunity for commentsand without the 30-day delay ineffective date under the AdministrativeProcedure Act.

Rulemaking Analyses and NoticesThe FHWA believes that prior notice

and opportunity for comment areunnecessary under 5 U.S.C. 553(b)(3)(B).In addition, this final rule is effectiveupon publication because the FHWAfinds that good cause exists fordispensing with the 30-day delay ineffective date ordinarily required under5 U.S.C. 553(d). The FHWA is notexercising discretion in a way that couldbe meaningfully affected by publiccomment. With this rulemaking, theFHWA is merely extending the deadlinefor compliance by the States with therequirements of 49 CFR 384.231(b)(2).Rather than imposing any additional

burden on the States, this rule wouldactually lessen the burden of complyingwith these CDL requirements. TheFHWA has concluded that it isnecessary to provide additional time forStates to implement the requirementthat certain CMV drivers be disqualifiedfrom driving in light of the current lackof a consistent and mutually agreedupon method for recording drivers’SSNs.

Executive Order 12866 (FederalRegulation) and DOT RegulatoryPolicies and Procedures

The FHWA has determined that thisaction is not a significant regulatoryaction under Executive Order 12866, orsignificant within the meaning ofDepartment of Transportation regulatorypolicies and procedures. This regulatoryaction is not likely to have an annualeffect on the economy of $100 millionor more. In addition, it is not expectedto cause an adverse effect on any sectorof the economy because this rule willactually lessen the burden imposed bythe regulation being amended. Noserious inconsistency or interferencewith another agency’s actions or planswill result because this rulemakingdeals exclusively with the FHWA’s CDLprogram. Although the rights andobligations of recipients of Federalgrants will be affected becausecompliance with the regulation at issueis a condition for the States receivingFederal-aid highway funds, the rights ofthe States will not be materiallyaffected. This rulemaking actuallymakes it easier for them to qualify forthese funds. In light of this analysis, theFHWA finds that a full regulatoryevaluation is not required.

Regulatory Flexibility ActIn compliance with the Regulatory

Flexibility Act (Pub. L. 96–354, 5 U.S.C.601- 612), the agency has evaluated theeffects of this rulemaking on smallentities. This rulemaking changes thedate by which the States must complywith a regulation regarding the States’disqualification of CMV drivers who donot possess a CDL. CMV operators whodo not hold CDLs are not currentlyrequired to disclose their SSNs to theStates; however, the regulation at issuein this rulemaking requires that theStates record disqualifications of non-CDL holding CMV drivers on the CDLIS.This obligates the States to include theCMV driver’s SSN. The deadlineextension created by the rule at handwas intended to provide the States withtime to develop a mutually agreed uponsolution to this inconsistency. Thus,this rulemaking will have an impact onthe States; however, it is unlikely that

this impact will be significant in anyway. Furthermore, States are notincluded within the definition of ‘‘smallentity’’ set forth in 5 U.S.C. 601.Accordingly, the FHWA certifies thatthe action contained in this documentwill not have a significant economicimpact on a substantial number of smallentities.

Executive Order 12612 (FederalismAssessment)

This action has been analyzed inaccordance with the principles andcriteria contained in Executive Order12612, and it has been determined thatthe proposed rulemaking does not havesufficient federalism implications towarrant the preparation of a federalismassessment. This rule will merely delaythe deadline for State compliance withan existing Federal regulation. It willnot preempt any State law or Stateregulation and no additional costs orburdens will be imposed on the States.In fact, a regulatory burden will belessened as a result of this rulemaking.In addition, this rule will not have asignificant effect on the States’ ability todischarge traditional State governmentalfunctions even though the pre-existingregulation which this rule amends doesdeal with driver qualification. Driverqualification is an area over which theStates have traditionally exercised theirsovereign power. The rule at issue in therulemaking at hand merely extends thedeadline by which the States mustcomply with this pre-existing regulationof CMV driver qualification. Thus, ananalysis of the Federalism issue raisedby Federal regulation of CMV driverqualification, is not required for thepurposes of this rulemaking. In anycase, the Federal government’s assertionof control over CMV driver qualificationrepresents a justifiable response to thefact that CMV safety is a matter ofnational concern.

Executive Order 12372(Intergovernmental Review)

Catalog of Federal DomesticAssistance Program Number 20.217,Motor Carrier Safety. The regulationsimplementing Executive Order 12372regarding intergovernmentalconsultation on Federal programs andactivities apply to this program.

Paperwork Reduction Act

This action does not contain acollection of information requirementfor purposes of the PaperworkReduction Act of 1980, 44 U.S.C. 3501et seq.


National Environmental Policy Act

The agency has analyzed thisrulemaking for the purpose of theNational Environmental Policy Act of1969 (42 U.S.C. 4321 et seq.) and hasdetermined that this action would nothave any effect on the quality of theenvironment.

Regulatory Identification Number

A regulatory identification number(RIN) is assigned to each regulatoryaction listed in the Unified Agenda ofFederal Regulations. The RegulatoryInformation Service Center publishesthe Unified Agenda in April andOctober of each year. The RIN containedin the heading of this document can beused to cross reference this action withthe Unified Agenda.


Commercial driver’s licensedocuments, Commercial motor vehicles,Driver qualification, Highways androads, Motor carriers licensing andtesting procedures, and Motor vehiclesafety.

Issued on: November 6, 1995.Rodney E. Slater,Federal Highway Administrator.

PART 384—STATE COMPLIANCEWITH COMMERCIAL DRIVER’SLICENSE PROGRAM

1. The authority citation for part 384is revised to read as follows:

Authority: 49 U.S.C. 31136, 49 U.S.C.31301 et seq., 31502; 49 CFR 1.48.

2. In 384.231, paragraph (b)(2) isrevised to read as follows:

§ 384.231 Satisfaction of Statedisqualification requirements.

* * * * *(b) * * *(2) Non-CDL holders applies on and

after May 18, 1997. A State shall satisfythe requirement of this subpart that theState disqualify a non-CDL holder whois convicted of an offense or offensesnecessitating disqualification under§ 383.51 by, at a minimum,implementing the limitation onlicensing provisions of § 384.210 andthe timing and recordkeepingrequirements of paragraphs (c) and (d)of this section so as to prevent suchnon-CDL holder from legally obtaining aCDL from any State during theapplicable disqualification period(s)specified in this subpart.* * * * *[FR Doc. 95–28227 Filed 11–15–95; 8:45 am]BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

National Oceanic and AtmosphericAdministration

50 CFR Part 675

[Docket No. 950206040-5040-01; I.D.110995A]

Groundfish of the Bering Sea andAleutian Islands Area; Pacific Cod byVessels Using Hook-and-Line Gear inthe Bering Sea and Aleutian Islands

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Inseason adjustment, request forcomments.

SUMMARY: NMFS is redistributing the1995 Pacific halibut bycatch allowancesspecified for the Pacific cod hook-and-line gear fishery and the other non-trawlgear fishery in the Bering Sea andAleutian Islands management area(BSAI). This action is necessary toachieve the optimum yield from thegroundfish fisheries.DATES: Effective 12 noon, Alaska localtime (A.l.t.), November 9, 1995, until 12midnight, A.l.t., December 31, 1995.Comments must be received at thefollowing address no later than 4:30p.m., A.l.t., November 24, 1995.ADDRESSES: Comments may be sent toRonald J. Berg, Chief, FisheriesManagement Division, Attn: Lori Gravel,Alaska Region, NMFS, P.O. Box 21668,Juneau, AK 99802–1668, or be deliveredto Room 457, Federal Building, 709West 9th Street, Juneau, AK.FOR FURTHER INFORMATION CONTACT:Andrew N. Smoker, 907-586-7228.SUPPLEMENTARY INFORMATION: Thegroundfish fishery in the BSAI exclusiveeconomic zone is managed by NMFSaccording to the Fishery ManagementPlan for the Groundfish Fishery of theBering Sea and Aleutian Islands Area(FMP) prepared by the North PacificFishery Management Council underauthority of the Magnuson FisheryConservation and Management Act.Fishing by U.S. vessels is governed byregulations implementing the FMP at 50CFR parts 620 and 675.

Pursuant to § 675.21(a)(6) theprohibited species catch (PSC) limit ofPacific halibut caught while conductingany non-trawl fishery for groundfish inthe BSAI during any fishing year is anamount of Pacific halibut equivalent to900 metric tons (mt) of halibutmortality. In accordance with§§ 675.21(b)(2)(i) and (b)(4), the Final1995 Harvest Specifications for the

BSAI groundfish fisheries (60 FR 8479,February 14, 1995, and 60 FR 12149,March 6, 1995) apportioned this PSClimit among the non-trawl gear fisherycategories defined at § 675.21(b)(2)(ii) asfollows: (1) Pacific cod hook-and-line,725 mt; (2) ‘‘other non-trawl,’’ 175 mt;(3) jig gear (exempt for 1995), 0 mt; (4)groundfish pot gear fisheries, (exemptfor 1995), 0 mt; (5) sablefish hook-and-line (exempt for 1995), 0 mt (60 FR12149, March 6, 1995).

As of October 21, 1995, 90 mt ofhalibut mortality remains of the ‘‘othernon-trawl’’ fishery bycatch allowance.This fishery category will require anadditional 20 mt of halibut mortality

during 1995, leaving 70 mt of Pacifichalibut mortality uncaught. The Pacificcod hook-and-line gear fishery has 34mt remaining of its halibut bycatchallowance, which is inadequate forharvesting the 9,000 mt of Pacific codremaining in the allocation for hook-and-line or pot gear. The Pacific halibutbycatch allowance for the Pacific codhook-and-line gear fishery needs to beaugmented to promote achieving theoptimum yield from the Pacific codfishery.

Under § 675.20(e), the RegionalDirector is making an inseasonadjustment to increase the Pacifichalibut bycatch allowance specified forthe Pacific cod hook-and-line gearfishery by 70 mt. The ‘‘other non-trawl’’gear fishery≥s halibut bycatch isdecreased by 70 mt. In accordance with§ 675.20(e)(1)(iii), NMFS isredistributing the Pacific halibutbycatch mortality allowances of thenon-trawl fisheries as follows: (1)Pacific cod hook-and-line, 795 mt; (2)‘‘other non-trawl,’’ 105 mt; (3) jig gear,0 mt; (4) groundfish pot gear fisheries,0 mt; (5) sablefish hook-and-line, 0 mt.This adjustment is necessary to preventthe underharvest of the BSAI Pacific codtotal allowable catch pursuant to§ 675.20(e)(2)(iii)

As required by § 675.20(f), allinformation relevant to this inseasonadjustment, including the effect ofoverall fishing effort within thestatistical area and economic impacts onaffected fishing businesses, wasconsidered. Current halibut bycatchallowances will cause a prematureclosure of the Pacific cod hook-and-linegear fishery and, therefore, will notpromote optimum yield of groundfishand will result in economic harm tofishermen and processors who wouldotherwise participate in that fishery.Interested persons are invited to submitcomment in writing to the previouslycited address on or before November 24,1995.


ClassificationThis action is taken under

§ 675.20(e)(1)(iii), (e)(2)(iii) and (e)(5)and is exempt from review under E.O.12866.

The Assistant Administrator forFisheries, NOAA, finds for good causethat it is impractical and contrary to thepublic interest to provide prior publicnotice and comment on the inseasonadjustment. Immediate effectiveness isnecessary to prevent foregone revenueto the Pacific cod hook-and-line fishery,which would otherwise be preventedfrom conducting operations.

Authority: 16 U.S.C. 1801, et seq.

Dated: November 9, 1995.Richard W. Surdi,Acting Director, Office of FisheriesConservation and Management, NationalMarine Fisheries Service.[FR Doc. 95–28248 Filed 11–9–95; 4:13 pm]BILLING CODE 3510–22–F

50 CFR Part 676

[Docket No. 940683–4277; I.D. 110695C]

RIN 0648–AE79

Limited Access Management ofFederal Fisheries In and Off of Alaska;Correction

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA),Commerce.ACTION: Final rule; correction.

SUMMARY: This document contains acorrection to the final rule that waspublished Friday, October 7, 1994. Thisdocument republishes the regulatorytext describing a ‘‘qualified person’’under the Individual Fishing Quota(IFQ) program for the fixed gear fisheryfor Pacific halibut and sablefish in andoff of Alaska.EFFECTIVE DATE: November 7, 1994.FOR FURTHER INFORMATION CONTACT: JohnLepore, 907–586–7228.SUPPLEMENTARY INFORMATION:

Under § 676.20, initial allocation ofPacific halibut and sablefish quota share(QS) is assigned to qualified personsbased upon specified criteria (e.g.,qualifying years, evidence of vesselownership, evidence of vessel lease,evidence of legal landings, vesselcategories). These criteria werepublished in the final ruleimplementing the IFQ system for Pacifichalibut and sablefish, Amendment 15 tothe Fishery Management Plan (FMP) forthe Groundfish Fishery of the BeringSea and Aleutian Islands Area (BSAI)and Amendment 20 to the FMP for

Groundfish of the Gulf of Alaska (GOA),and appear at 58 FR 59406 (November9, 1993).

The IFQ system was revised with theimplementation of a Modified BlockProposal to clarify the transfer processfor QS and to prevent excessiveconsolidation in the Pacific halibut andsablefish fisheries, Amendment 31 tothe FMP for the Groundfish Fishery ofthe Bering Sea and Aleutian IslandsArea and Amendment 35 to the FMP forGroundfish of the Gulf of Alaska. Theproposed rule was published June 28,1994 (59 FR 33272) and the final rulewas published October 7, 1994 (59 FR51135). Neither Amendment 31 or 35indicated that the criteria for a qualifiedperson or the vessel categories under theoriginal IFQ program were to be revised.Although there is some confusion in theproposed and final rule implementingAmendments 31 and 35, the preamble tothe final rule (59 FR 51136, October 7,1994) explicitly states:

1. The amendatory language to § 676.20 inthe proposed rule was numbered in such amanner that existing paragraphs (a)(1)Qualified persons and (a)(2) Vessel categorieswould have been deleted. This was atechnical oversight. Paragraphs (a)(1) and(a)(2) will remain as published on November9, 1993 (59 FR 59375) and will not beamended by this final rule.

NMFS interpreted the final rule asstated above and circulated copies of theregulations with paragraphs (a)(1) and(a)(2) as published at 58 FR 59375(November 9, 1993). Not withstandingthe explicit statement in the preambleand NMFS’ interpretation of thisprovision, the amending instruction for§ 678.20 was not clear and could beconstrued as deleting paragraphs (a)(1)and (a)(2). See 59 FR 51138 (October 7,1995). Consequently, NMFS is issuingthis correction and republishing thecriteria of § 676.20(a)(1) and (a)(2).


Fisheries, Reporting andrecordkeeping requirements.

Dated: November 8, 1995.Gary Matlock,Program Management Officer, NationalMarine Fisheries Service.

Accordingly, 50 CFR part 676 isamended by making the followingcorrection:

PART 676—LIMITED ACCESSMANAGEMENT OF FEDERALFISHERIES IN AND OFF OF ALASKA

1. The authority citation for 50 CFRpart 676 continues to read as follows:

Authority: 16 U.S.C. 773 et seq. and 1801et seq.

2. In § 676.20, paragraphs (a)(1) and(a)(2) are added to read as follows:

§ 676.20 Individual allocations.(a) * * *(1) Qualified person. As used in this

section, a ‘‘qualified person’’ means a‘‘person,’’ as defined in § 676.11 of thispart, that owned a vessel that made legallandings of halibut or sablefish,harvested with fixed gear, from any IFQregulatory area in any QS qualifyingyear. A person is a qualified person alsoif (s)he leased a vessel that made legallandings of halibut or sablefish,harvested with fixed gear, from any IFQregulatory area in any QS qualifyingyear. A person who owns a vesselcannot be a qualified person based onthe legal fixed gear landings of halibutor sablefish made by a person wholeased the vessel for the duration of thelease. Qualified persons, or theirsuccessors-in-interest, must exist at thetime of their application for QS. Aformer partner of a dissolvedpartnership or a former shareholder of adissolved corporation who wouldotherwise qualify as a person may applyfor QS in proportion to his interest inthe dissolved partnership orcorporation. Sablefish harvested withinPrince William Sound, or under a Stateof Alaska limited entry program, willnot be considered in determiningwhether a person is a qualified person.

(i) A QS qualifying year is 1988, 1989,or 1990.

(ii) Evidence of vessel ownershipshall be limited to the followingdocuments, in order of priority:

(A) For vessels required to bedocumented under the laws of theUnited States, the U.S. Coast Guardabstract of title issued in respect of thatvessel;

(B) A certificate of registration that isdeterminative as to vessel ownership;and

(C) A bill of sale.(iii) Conclusive evidence of a vessel

lease will include a written vessel leaseagreement or a notarized statement fromthe vessel owner and lease holderattesting to the existence of a vessellease agreement at any time during theQS qualifying years. Conclusiveevidence of a vessel lease must identifythe leased vessel and indicate the nameof the lease holder and the period oftime during which the lease was ineffect. Other evidence, which may notbe conclusive, but may tend to supporta vessel lease, may also be submitted.

(iv) Evidence of ownership interest ina dissolved partnership or corporationshall be limited to corporate documents(e.g., articles of incorporation) ornotarized statements signed by each


former partner, shareholder or director,and specifying their proportions ofinterest.

(v) As used in this section, a ‘‘legallanding of halibut or sablefish’’ meanshalibut or sablefish harvested with fixedgear and landed in compliance withstate and Federal regulations in effect atthe time of the landing. Evidence oflegal landings shall be limited todocumentation of state or Federal catchreports that indicate the amount ofhalibut or sablefish harvested, the IPHCregulatory area or groundfish reportingarea in which it was caught, the vesseland gear type used to catch it, and the

date of harvesting, landing, or reporting.State catch reports are Alaska,Washington, Oregon, or California fishtickets. Federal catch reports are weeklyproduction reports required under§§ 672.5(c) and 675.5(c) of this chapter.Sablefish harvested within PrinceWilliam Sound, or under a State ofAlaska limited entry program, will notbe considered in determiningqualification to receive QS, nor incalculating initial QS.

(2) Vessel categories. Vessel categoriesinclude:

(i) Category A—freezer vessels of anylength;

(ii) Category B—catcher vesselsgreater than 60 feet (18.3 meters) inlength overall;

(iii) Category C—catcher vessels lessthan or equal to 60 feet (18.3 meters) inlength overall for sablefish, or catchervessels greater than 35 feet (10.7 meters)but less than or equal to 60 feet (18.3meters) in length overall for halibut; and

(iv) Category D—catcher vessels thatare less than or equal to 35 feet (10.7meters) in length overall for halibut.* * * * *[FR Doc. 95–28204 Filed 11–15–95; 8:45 am]BILLING CODE 3510–22–F

This section of the FEDERAL REGISTERcontains notices to the public of the proposedissuance of rules and regulations. Thepurpose of these notices is to give interestedpersons an opportunity to participate in therule making prior to the adoption of the finalrules.

Proposed Rules Federal Register

57548

Vol. 60, No. 221



Agricultural Marketing Service

7 CFR Part 950

[Docket No. FV95–950–1PR]

Irish Potatoes Grown in Maine;Proposed Termination of MarketingOrder No. 950

AGENCY: Agricultural Marketing Service,USDA.ACTION: Proposed rule.

SUMMARY: This rule proposes toterminate the Federal marketing orderregulating the handling of Irish potatoesgrown in Maine (order) and the rulesand regulations issued thereunder. TheMaine potato industry has not operatedunder the order for almost three decadesand the current order does not reflectcurrent industry structure and operatingprocedures. Thus, there is no need forthe Department of Agriculture tocontinue this order.DATES: Comments must be received byDecember 18, 1995.ADDRESSES: Interested persons areinvited to submit written commentsconcerning this proposal. Commentsmust be sent in triplicate to the DocketClerk, Fruit and Vegetable Division,AMS, USDA, P.O. Box 96456, room2523–S, Washington, D.C. 20090–6456;FAX (202) 720–5698. Comments shouldreference the docket number and thedate and page number of this issue ofthe Federal Register and will be madeavailable for public inspection in theOffice of the Docket Clerk during regularbusiness hours.FOR FURTHER INFORMATION CONTACT:Robert F. Matthews, Marketing OrderAdministration Branch, Fruit andVegetable Division, AMS, USDA, P.O.Box 96456, room 2523–S, Washington,DC 20090–6456, telephone (202) 690–0464, FAX (202) 720–5698.SUPPLEMENTARY INFORMATION: Thisproposed rule is governed by theprovisions of section 608c(16)(A) of theAgricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),hereinafter referred to as the Act and§ 950.84 of the order.

This regulatory action is being takenas a part of the National PerformanceReview to eliminate unnecessaryregulations and to improve those thatremain in force.

The Department of Agriculture(Department) is issuing this rule inconformance with Executive Order12866.

This proposed rule has been reviewedunder Executive Order 12778, CivilJustice Reform. This proposed rule isnot intended to have retroactive effect.This proposed rule would not preemptany State or local laws, regulations, orpolicies, unless they present anirreconcilable conflict with this rule.

The Act provides that administrativeproceedings must be exhausted beforeparties may file suit in court. Undersection 608c(15)(A) of the Act, anyhandler subject to an order may filewith the Secretary a petition stating thatthe order, any provision of the order, orany obligation imposed in connectionwith the order is not in accordance withlaw and request a modification of theorder or to be exempted therefrom. Ahandler is afforded the opportunity fora hearing on the petition. After thehearing the Secretary would rule on thepetition. The Act provides that thedistrict court of the United States in anydistrict in which the handler is aninhabitant, or has a principal place ofbusiness, has jurisdiction in equity toreview the Secretary’s ruling on thepetition, provided a bill in equity isfiled not later than 20 days after the dateof the entry of the ruling.

Pursuant to requirements set forth inthe Regulatory Flexibility Act (RFA), theAdministrator of the AgriculturalMarketing Service (AMS) hasconsidered the economic impact of thisaction on small entities.

The purpose of the RFA is to fitregulatory actions to the scale ofbusiness subject to such actions in orderthat small businesses will not be undulyor disproportionately burdened.Marketing orders issued pursuant to theAct, and rules issued thereunder, areunique in that they are brought aboutthrough group action of essentiallysmall entities acting on their ownbehalf. Thus, both statutes have smallentity orientation and compatibility.

There are approximately 750producers. Some of them are also

handlers who would be subject toseasonal handling regulations under theorder, but no such regulations have beenimplemented since the 1967–68 season,and there is no indication that suchregulations will again be needed. Smallagricultural producers have beendefined by the Small BusinessAdministration (13 CFR 121.601) asthose having annual receipts of less than$500,000, and small agricultural servicefirms, which include handlers, aredefined as those whose annual receiptsare less than $5,000,000. The majority ofthe Maine potato producers andhandlers may be classified as smallentities.

The order was initially established onAugust 24, 1954, to help the industrysolve specific marketing problems andmaintain orderly marketing conditions.It was the responsibility of the MainePotato Marketing Committee(committee), the agency established forlocal administration of the marketingorder, to periodically investigate andassemble data on the growing,harvesting, shipping, and marketingconditions of Maine potatoes. Thecommittee endeavored to achieveorderly marketing and improveacceptance of Maine potatoes throughthe establishment of minimum size andquality requirements. When regulated,fresh potato shipments consisted only ofthose grades and sizes desired byconsumers.

Although the Department has notconducted interviews of currentindustry members with respect to theneed for a marketing order, neither hasit received recent inquiries from theindustry asking for reactivation. TheMaine potato industry has not operatedunder the marketing order for almostthree decades. Regulations have notbeen applied to Maine potato handlerssince the late 1960’s and a committee tolocally administer the marketing orderhas not been appointed since the early1970’s. In August 1954, when themarketing order was issued, there werealmost 4,500 producers of Mainepotatoes. Currently, there are about 750producers.

While a sizeable potato industryremains active in Maine, there seems tobe virtually no interest in a marketingorder. Most of the members appointedto the last committee have retired fromcommercial potato production orhandling.

57549Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules

Over the years, there have beenperiodic inquiries about reviving themarketing order, but no formal requestsfor reactivation have ever materialized.In any case, with the passage of timeand changes in industry structure andoperating practices since the order wasformulated, a much revised marketingorder would have to be established. Theneed for a new marketing order wouldhave to be justified and supported by alarge majority of current Maine potatoproducers. This would require a publichearing and a producer referendum.Thus, there is little justification tocontinue the current marketing order.

We believe that conducting atermination referendum would merelyreaffirm the Maine potato industry’scontinued lack of interest in a marketingorder and that conducting such areferendum would be wasteful ofDepartmental and public resources.

Therefore, pursuant to section608c(16)(A) of the Act and § 950.84 ofthe order, the Department is consideringthe termination of Marketing Order No.950, covering Irish potatoes grown inMaine. If the Secretary decides toterminate the order, trustees would notneed to be appointed to continue in thecapacity of concluding and liquidatingthe affairs of the former committee,since no funds or property remain to bedistributed or liquidated.

Section 608c(16)(A) of the Actrequires the Secretary to notify Congress60 days in advance of the termination ofa Federal marketing order. Congress willbe so notified upon publication of thisproposed rule.

Based on the foregoing, theAdministrator of the AMS hasdetermined that this action would nothave a significant impact on asubstantial number of small entities.

A 30-day comment period is providedto allow interested persons to respondto this proposal. All written commentstimely received will be consideredbefore a final determination is made onthis matter.


Marketing agreements, Reporting andrecordkeeping requirements, Potatoes.

PART 950—[REMOVED]

For the reasons set forth in thepreamble, and under the authority of 7U.S.C. 601–674, 7 CFR part 950 isproposed to be removed.

Dated: November 9, 1995.Kenneth C. Clayton,Acting Administrator.[FR Doc. 95–28324 Filed 11–15–95; 8:45 am]BILLING CODE 3410–02–P


9 CFR Part 113

[Docket No. 95–012–1]

Viruses, Serums, Toxins, andAnalogous Products; Rabies Vaccine,Killed Virus and Rabies Vaccine, LiveVirus

AGENCY: Animal and Plant HealthInspection Service, USDA.ACTION: Proposed rule.

SUMMARY: We are proposing to amendthe standard requirements forestablishing the immunogenicity ofRabies Vaccine, Killed Virus and RabiesVaccine, Live Virus. The amendmentwould change and clarify alternate testprocedures which may be used inanimals other than carnivores. Underthe proposed rule, when a reducednumber of challenge animals is used ina rabies immunogenicity test, allvaccinates must survive challenge. Ifone or more of the challengedvaccinates die of rabies, all of theremainder of the vaccinates would haveto be challenged or the test would bedeemed unsatisfactory and terminated.

This proposed action would correct aproblem associated with rabiesimmunogenicity tests in the regulationsand make other changes deemednecessary for clarity and consistency.DATES: Consideration will be given onlyto comments received on or beforeJanuary 16, 1996.ADDRESSES: Please send an original andthree copies of your comments toDocket No. 95–012–1, RegulatoryAnalysis and Development, PPD,APHIS, Suite 3C03, 4700 River RoadUnit 118, Riverdale, MD 20737–1238.Please state that your comments refer toDocket No. 95–012–1. Commentsreceived may be inspected at USDA,room 1141, South Building, 14th Streetand Independence Avenue SW.,Washington, DC, between 8 a.m. and4:30 p.m., Monday through Friday,except holidays. Persons wishing toinspect comments are requested to callahead (202) 690–2817 to facilitate entryinto the comment reading room.FOR FURTHER INFORMATION CONTACT: Dr.David A. Espeseth, Deputy Director,Veterinary Biologics, BBEP, APHIS,USDA, 4700 River Road Unit 148,Riverdale, MD 20737–1237, (301) 734–8245.


BackgroundThe regulations in 9 CFR part 113

pertain to standard requirements for the

preparation of veterinary biologicalproducts. A standard requirementconsists of test methods, procedures,and criteria established by the Animaland Plant Health Inspection Service todetermine that a veterinary biologicalproduct is pure, safe, potent, andefficacious and not worthless,dangerous, contaminated, or harmful.

The standard requirements for RabiesVaccine, Killed Virus, and for RabiesVaccine, Live Virus, appear in§§ 113.209 and 113.312, respectively.Sections 113.209(b)(4) and 113.312(b)(4)provide for an alternativeimmunogenicity test, for domesticspecies other than dogs and cats, thatreduces the number of animals thatmust be challenged to a minimum offive vaccinates and five unvaccinatedcontrol animals. The regulations requirethat a minimum of 25 animals bevaccinated and blood be taken forserology at prescribed intervalspostvaccination. All surviving testanimals must be challenged 1 year aftervaccination unless the alternative test isused. In the case of the alternative testfor domestic species other than dogs orcats, the five vaccinates with the lowestrabies antibody titers at each of the lasttwo bleedings, and all vaccinates withtiters below 1:10, as determined by themouse serum neutralization (SN) test orbelow 1:16 by the rapid-fluorescent-focus-inhibition test at any bleeding,must be challenged at 1 year aftervaccination.

The following example illustrateshow the current regulations can lead todifferent interpretations for the rabiesimmunogenicity test for species otherthan dogs and cats. The regulations in§§ 113.209(b)(3)(v) and 113.312(b)(3)(v)(applicable to all animal species) requirethat the statistical equivalent of 22 outof 25 or 26 out of 30 vaccinates remainwell for 90 days after challenge. If onlyfive vaccinates are challenged and threedie of rabies, the test would be deemedunsatisfactory under §§ 113.209(b)(3)(v)and 113.312(b)(3)(v). The results wouldbe considered unsatisfactory becausesurvival of 2 of 5 animals is notstatistically equivalent to survival of 22of 25 or 26 of 30 animals.

Sections 113.209(b)(4) and113.312(b)(4) (which apply to animalsother than dogs and cats), however, statethat all unchallenged vaccinates shall beconsidered protected for purposes of thetest when evaluated for acceptance. Theprevious test would be consideredsatisfactory under §§ 113.209(b)(4) and113.312(b)(4), since the unchallengedvaccinates would be deemed protected,meeting the requirement that 22 of the25 vaccinates be protected for asatisfactory test. For this reason, the

57550 Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Proposed Rules

regulations in §§ 113.209(b)(4) and113.312(b)(4) need to be amended.

Sections 113.209(b)(4) and113.312(b)(4) also need to be amendedbecause serologic titer is not sufficientlycorrelated with efficacy to ensure thatall of the unchallenged vaccinates in areduced immunogenicity test would beprotected after a real challenge.

The amendment would clarify whichof the vaccinates should be challengedunder §§ 113.209(b)(4) and113.312(b)(4), and would require that allchallenged vaccinates remain well for90 days in order for the test to besatisfactory. The amendment wouldspecify that the reducedimmunogenicity test described in§§ 113.209(b)(4) and 113.312(b)(4) maynot be used for carnivores (e.g., dogs,cats, and ferrets). The amendmentwould therefore exclude from a reducedchallenge test species of animals thathave a high potential for transmittingrabies.

Executive Order 12866 and RegulatoryFlexibility Act

This proposed rule has been reviewedunder Executive Order 12866. The rulehas been determined to be notsignificant for the purposes of ExecutiveOrder 12866 and, therefore, has notbeen reviewed by the Office ofManagement and Budget.

This proposed rule amending§§ 113.209 and 113.312 is necessary toclarify the regulations regarding therabies immunogenicity test. Theamendment would clarify whichanimals are to be challenged in areduced immunogenicity study and theprocedures to follow when one or moreof the vaccinates die of rabies. Theproposed amendment would requirethat additional vaccinates be challengedif one of the low titer vaccinatessuccumbs to rabies. In 7 of the last 10rabies challenge tests of non-carnivores,firms elected to challenge 25 or moreanimals. In the remaining three cases inwhich a reduced number of animalswere challenged in accordance withcurrent § 113.209 or § 113.312,paragraph (b)(4), no additional animalswere challenged and no additionalanimals would have been challengedunder the proposed rule. The proposedamendment, therefore, would haveminimal economic effect.

Under these circumstances, theAdministrator of the Animal and PlantHealth Inspection Service hasdetermined that this action would nothave a significant economic impact ona substantial number of small entities.

Executive Order 12372This program/activity is listed in the

Catalog of Federal Domestic Assistanceunder No. 10.025 and is subject toExecutive Order 12372, which requiresintergovernmental consultation withState and local officials. (See 7 CFR part3015, subpart V.)

Executive Order 12778This proposed rule has been reviewed

under Executive Order 12778, CivilJustice Reform. If this proposed rule isadopted: (1) All State and local laws andregulations that are in conflict with thisrule will be preempted; (2) noretroactive effect will be given to thisrule; and (3) administrative proceedingswill not be required before parties mayfile suit in court challenging this rule.

Paperwork Reduction ActThis proposed rule contains no new

information collection or record keepingrequirements under the PaperworkReduction Act of 1980 (44 U.S.C. 3501et seq.).

List of Subjects in 9 CFR Part 113Animal biologics, Exports, Imports,

Reporting and recordkeepingrequirements.

Accordingly, 9 CFR part 113 would beamended as follows:

PART 113—STANDARDREQUIREMENTS

1. The authority citation for part 113would continue to read as follows:

Authority: 21 U.S.C. 151–159; 7 CFR 2.17,2.51, and 371.2(d).

2. Section 113.209 would be amendedby revising paragraph (b)(4) to read asfollows:

§ 113.209 Rabies Vaccine, Killed Virus.* * * * *

(b) * * *(4) An alternative to challenging all

surviving test animals in accordancewith paragraph (b)(3)(iv) of this sectionmay be used when the test animals areof species other than carnivores.Vaccinates shall be challenged at 1 yearpostvaccination. These shall includefive vaccinates with the lowest SN titersat the 270th-day bleeding, fivevaccinates with the lowest SN titers atthe 365th-day bleeding, and allvaccinates with SN titers below 1:10 bythe mouse SN test or below 1:16 by therapid-fluorescent-focus-inhibition test atany bleeding. At least five SN-negativecontrols of each species shall bechallenged at the same time as thevaccinates. All SN titers shall be titratedto an endpoint. All of the challengedvaccinates must remain well for a

period of 90 days, and at least 80percent of the controls must die ofrabies for a satisfactory test withoutfurther challenge. If one or more of thevaccinates die from rabies, all theremaining vaccinates, regardless of titer,along with the five controls shall bechallenged. The cumulative results fromthe two challenges shall be evaluated foracceptance as specified in paragraph(b)(3)(v) of this section.

3. Section 113.312 would be amendedby revising the section heading andparagraph (b)(4) to read as follows:

§ 113.312 Rabies Vaccine, Live Virus.

* * * * *(b) * * *(4) An alternative to challenging all

surviving test animals in accordancewith paragraph (b)(3)(iv) of this sectionmay be used when the test animals areof species other than carnivores.Vaccinates shall be challenged at 1 yearpostvaccination. These shall includefive vaccinates with the lowest SN titersat the 270th-day bleeding, fivevaccinates with the lowest SN titers atthe 365th-day bleeding, and allvaccinates with SN titers below 1:10 bythe mouse SN test or below 1:16 by therapid-fluorescent-focus-inhibition test atany bleeding. At least five SN-negativecontrols of each species shall bechallenged at the same time as thevaccinates. All SN titers shall be titratedto an endpoint. All of the challengedvaccinates must remain well for aperiod of 90 days, and at least 80percent of the controls must die ofrabies for a satisfactory test withoutfurther challenge. If one or more of thevaccinates die from rabies, all theremaining vaccinates, regardless of titer,along with the five controls shall bechallenged. The cumulative results fromthe two challenges shall be evaluated foracceptance as specified in paragraph(b)(3)(v) of this section.* * * * *





14 CFR Part 71

[Airspace Docket No. 95–AGL–17]

Proposed Establishment of Class EAirspace; Hettinger, ND, HettingerMunicipal Airport

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes toestablish Class E airspace at Hettinger,ND. A Global Positioning System (GPS)standard instrument approachprocedure (SIAP) to Runway 30 hasbeen developed for the HettingerMunicipal Airport. Controlled airspaceextending upward from 700 feet aboveground level (AGL) and from 1200 feetAGL is needed for aircraft executing theapproach. The intended effect of thisproposal is to provide segregation ofaircraft using instrument approachprocedures in instrument conditionsfrom other aircraft operating in visualweather conditions.DATES: Comments must be received onor before December 29, 1995.ADDRESSES: Send comments on theproposal in triplicate to: FederalAviation Administration, Office of theAssistant Chief Counsel, AGL–7, RulesDocket No. 95–AGL–17, 2300 EastDevon Avenue, Des Plaines, Illinois60018

The official docket may be examinedin the Office of the Assistant ChiefCounsel, Federal AviationAdministration, 2300 East DevonAvenue, Des Plaines, Illinois. Aninformal docket may also be examinedduring normal business hours at the AirTraffic Division, System ManagementBranch, Federal AviationAdministration, 2300 East DevonAvenue, Des Plaines, Illinois.FOR FURTHER INFORMATION CONTACT:Eleanor J. Williams, Air Traffic Division,System Management Branch, AGL–530,Federal Aviation Administration, 2300East Devon Avenue, Des Plaines, Illinois60018, telephone (708) 294–7568.


Comments Invited

Interested parties are invited toparticipate in this proposed rulemakingby submitting such written data, views,or arguments as they may desire.Comments that provide the factual basissupporting the views and suggestionspresented are particularly helpful indeveloping reasoned regulatory

decisions on the proposal. Commentsare specifically invited on the overallregulatory, aeronautical, economic,environmental, and energy-relatedaspects of the proposal.Communications should identify theairspace docket number and besubmitted in triplicate to the addresslisted above. Commenters wishing theFAA to acknowledge receipt of theircomments on this notice must submitwith those comments a self-addressed,stamped postcard on which thefollowing statement is made:‘‘Comments to Airspace Docket No. 95–AGL–17.’’ The postcard will be date/time stamped and returned to thecommenter. All communicationsreceived on or before the specifiedclosing date for comments will beconsidered before taking action on theproposed rule. The proposal containedin this notice may be changed in lightof comments received. All commentssubmitted will be available forexamination in the Rules Docket, FAA,Great Lakes Region, Office of theAssistant Chief Counsel, 2300 EastDevon Avenue, Des Plaines, Illinois,both before and after the closing date forcomments. A report summarizing eachsubstantive public contact with FAApersonnel concerned with thisrulemaking will be filed in the docket.

Availability of NPRM’sAny person may obtain a copy of the

Notice of Proposed Rulemaking (NPRM)by submitting a request to the FederalAviation Administration, Office ofPublic Affairs, Attention: Public InquiryCenter, APA–230, 800 IndependenceAvenue, SW., Washington, DC 20591, orby calling (202) 267–3484.Communications must identify thenotice number of this NPRM. Personsinterested in being placed on a mailinglist for future NPRM’s should alsorequest a copy of Advisory Circular No.11–2A, which describes the applicationprocedure.

The ProposalThe FAA is considering an

amendment to part 71 of the FederalAviation Regulations (14 CFR part 71) toestablish Class E airspace at Hettinger,ND. This proposal would provideadequate Class E airspace for operatorsexecuting the GPS Runway 30 SIAP atHettinger Municipal Airport. Controlledairspace extending upward from 700feet AGL and 1200 feet AGL is neededfor aircraft executing the approach. Theintended effect of this action is toprovide segregation of aircraft usinginstrument approach procedures ininstruments conditions from otheraircraft operating in visual weather

conditions. The area would be depictedon appropriate aeronautical chartsthereby enabling pilots tocircumnavigate the area or otherwisecomply with IFR procedures. Class Eairspace designations for airspace areasextending upward from 700 feet or moreabove the surface of the earth arepublished in paragraph 6005 of FAAOrder 7400.9C dated August 17, 1995,and effective September 16, 1995, whichis incorporated by reference in 14 CFR71.1. The Class E airspace designationlisted in this document would bepublished subsequently in the Order.

The FAA has determined that thisproposed regulation only involves anestablished body of technicalregulations for which frequent androutine amendments are necessary tokeep them operationally current.Therefore this, proposed regulation—(1)is not a ‘‘significant regulatory action’’under Executive Order 12866; (2) is nota ‘‘significant rule’’ under DOTRegulatory Policies and Procedures (44FR 11034; February 26, 1979); and (3)does not warrant preparation of aRegulatory Evaluation as the anticipatedimpact is so minimal. Since this is aroutine matter that will only affect airtraffic procedures and air navigation, itis certified that this proposed rule willnot have a significant economic impacton a substantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act.


Airspace, Incorporation by reference,Navigation (air).

The Proposed Amendment

Accordingly, pursuant to theauthority delegated to me, the FederalAviation Administration proposes toamend part 71 of the Federal AviationRegulations (14 CFR part 71) as follows:

PART 71—[AMENDED]


Authority: 49 U.S.C. 106(g), 40103, 40113,40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in14 CFR 71.1 of the Federal AviationAdministration Order 7400.9C, AirspaceDesignations and Reporting Points,dated August 17, 1995, and effectiveSeptember 16, 1995, is amended asfollows:


Paragraph 6005 Class E Airspace AreasExtending Upward From 700 Feet or MoreAbove the Surface of the Earth* * * * *AGL ND E5 Hettinger, ND [New]Hettinger Municipal Airport, ND

(Lat. 46°00′56′′N, long. 102°39′20′′W).That airspace extending upward from 700

feet above the surface within a 6.4-mileradius of the Hettinger Municipal Airportand within 1.9 miles each side of the 136bearing from the Hettinger Municipal Airportfrom the 6.4-mile radius to 8.9 milessoutheast of the airport, and that airspaceextending upward from 1,200 feet above thesurface bounded by a line beginning at Lat.462000N/Long. 1025800W, to Lat. 462000N/Long. 1024400W, to Lat. 454500N/Long.1020900W, to Lat. 454500N./Long.1025800W to point of beginning excludingthat airspace previously described as Victor491.* * * * *

Issued in Des Plaines, Illinois on October31, 1995.Maureen Woods,Acting Manager, Air Traffic Division.[FR Doc. 95–28344 Filed 11–15–95; 8:45 am]BILLING CODE 4910–13–M

14 CFR Part 71

[Airspace Docket No. 95–AGL–8]

Proposed Revision of Class EAirspace; Rice Lake, WI

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws theNotice of Proposed Rulemaking (NPRM)which proposed to revise Class Eairspace to accommodate aNondirectional Radio Beacon (NDB) forrunway 19 approach at Rice LakeMunicipal Airport, Rice Lake, WI. TheNPRM is being withdrawn as a result ofwrong geographical coordinates andairport name change.DATES: This withdrawal is effectiveNovember 16, 1995.FOR FURTHER INFORMATION CONTACT:Eleanor J. Williams, Air Traffic Division,System Management Branch, AGL–530,Federal Aviation Administration, 2300East Devon Avenue, Des Plaines, Illinois60018, telephone (708) 294–7568.


The Proposed RuleOn August 4, 1995, a Notice of

Proposed Rulemaking was published inthe Federal Register to revise Class Eairspace to accommodate aNondirectional Radio Beacon (NDB) forrunway 19 approach at Rice LakeMunicipal Airport, Rice Lake, WI (60 FR39893).

Subsequent to publication in theFederal Register it was discovered thatthe geographical coordinates and airportname were in error.

Conclusion

In consideration of the erroneousinformation, action to revise the Class Eairspace serving Rice Lake MunicipalAirport, Rice Lake, WI, has beenwithdrawn.


Airspace, Incorporation by reference,Navigation (air).

Withdrawal of Proposed Rule

Accordingly, pursuant to theauthority delegated to me, AirspaceDocket No. 95–AGL–8, as published inthe Federal Register on August 4, 1995,(60 FR 39893), is hereby withdrawn.

Authority: 49 U.S.C. 106(g), 40103, 40113,40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389; 14 CFR 11.69.

* * * * *Issued in Des Plaines, IL, on November 2,

1995.Maureen Woods,Acting Manager, Air Traffic Division.[FR Doc. 95–28343 Filed 11–15–95; 8:45 am]BILLING CODE 4910–13–M

FEDERAL TRADE COMMISSION

16 CFR Part 423

Request for Comments ConcerningTrade Regulation Rule on CareLabeling of Textile Wearing Appareland Certain Piece Goods

AGENCY: Federal Trade Commission.ACTION: Request for public comments.

SUMMARY: The Federal TradeCommission (the ‘‘Commission’’) isrequesting public comments on aproposed conditional exemption to itsTrade Regulation Rule on Care Labelingof Textile Wearing Apparel and CertainPiece Goods (‘‘the Care Labeling Rule’’or ‘‘the Rule’’). The proposedconditional exemption would permitthe use of certain care symbols in lieuof words on the permanently attachedcare label, as long as hangtags withexplanatory language are used for thefirst 12 month period of symbol use. Allinterested persons are hereby givennotice of the opportunity to submitwritten data, views and argumentsconcerning this proposal.DATES: Written comments will beaccepted until January 31, 1996.ADDRESSES: Comments should bedirected to: Secretary, Federal Trade

Commission, Room H–159, Sixth andPennsylvania Ave., NW., Washington,DC 20580. Comments about thisconditional exemption to the CareLabeling Rule should be identified as‘‘Conditional exemption for symbols, 16CFR Part 423—Comment.’’

FOR FURTHER INFORMATION CONTACT:Constance M. Vecellio, Attorney,Federal Trade Commission,Washington, DC 20580, (202) 326–2966.


I. Introduction

On June 15, 1994, the Commissionpublished a Federal Register notice(‘‘FRN’’) requesting comment on variousaspects of the Care Labeling Rule,including whether the Rule should bemodified to permit the use of symbolsin lieu of words. The Commission hasnow tentatively determined to permitthe use of certain symbols, under certainconditions, and now seeks additionalcomment on the specifics of theproposal. The Commission willsummarize other results of theregulatory review it conducted in aseparate notice.

II. Background

The Rule was promulgated by theCommission on December 16, 1971, 36FR 23883 (1971), and amended on May20, 1983, 48 FR 22733 (1983). The Rulemakes it an unfair or deceptive act orpractice for manufacturers andimporters of textile wearing apparel andcertain piece goods to sell these itemswithout attaching care labels stating‘‘what regular care is needed for theordinary use of the product.’’ (16 CFR423.6(a) and (b)) The Rule also requiresthat the manufacturer or importerpossess, prior to sale, a reasonable basisfor the care instructions. (16 CFR423.6(c))

The ‘‘Terminology’’ section of theRule, 16 CFR 423.2(b), currentlyrequires that care instructions be statedin ‘‘appropriate terms,’’ although it alsostates that ‘‘any appropriate symbolsmay be used on care labels or careinstructions, in addition to the requiredappropriate terms so long as the termsfulfill the requirements of thisregulation.’’ (Emphasis added).Although the Rule does not specificallystate that the instructions must be inEnglish, they usually are in English. TheFRN stated that the North AmericanFree Trade Agreement (‘‘NAFTA’’) ‘‘hascreated industry interest in beingpermitted to use symbols in lieu ofwords to provide care instructions, andthe Commission seeks comment on thecosts and benefits of such a change.’’


1 The commenters included cleaners; consumers;public interest-related groups; fiber, textile, orapparel manufacturers or sellers (or conglomerates);federal government entities; fiber, textile, or apparelmanufacturers or retailers trade associations; twolabel manufacturers; one cleaning productsmanufacturer; one association representing theleather apparel industry; one Committee formed byindustry members from the countries signatory toNAFTA; one appliance technician; one appliancemanufacturers trade association; two standards-setting organizations; and two representatives fromforeign nations. Each comment was assigned anumber. The first time a comment is cited it is citedby the full name of the commenter and the assignednumber; subsequently, it is cited by the number anda shortened form of the name. The comments areavailable for inspection in the Public ReferenceRoom, Room 130, Federal Trade Commission, 6thand Pennsylvania Ave., NW., Washington, DC, from8:30 a.m. to 5:00 p.m., Monday through Friday,except federal holidays.

2 These comments are: Benjamin Axleroad (1),Baby Togs, Inc. (2), Judith S. Barton (7), C.M. Offray& Son, Inc. (9), The Schwab Company (10),Fieldcrest Cannon (11), Ardis W. Koester (12),University of Kentucky College of Agriculture (15),ASTM Committee D–13 on Textiles (16), PittsfieldWeaving Co. (17), European Union (GATTSecretariat) (18), Todd Uniform, Inc. (19), AcquaClean System (20), Woolrich, Inc. (21), TheMassachusetts Toxics Use Reduction Institute (23),Carter’s (24), Braham Norwick (25), OshkoshB’Gosh, Inc. (27), Ecofranchising, Inc. (28),Consumers Union (31), Clorox Company (32), TheWarren Featherbone Company (33), IndustryCanada (37), Business Habits, Inc. (38), ClothingManufacturers Association of the United States ofAmerica (40), National Association of HosieryManufacturers (41), Paxar Corporation (42), Jo AnnPullen (44), The Warren Featherbone Company (46),

United States Apparel Industry Council (47), DanRiver, Inc. (48), American Fiber ManufacturersAssociation, Inc. (49), The Leslie Fay Companies,Inc. (50), Springs Industries, Inc. (51), SalantCorporation (52), Association of Home ApplianceManufacturers (53), Milliken (54), Ruff Hewn (55),American Textile Manufacturers Institute (56),United States Association of Importers of Textilesand Apparel (57), Authentic Fitness Corporation(60), Warnaco (61), Salant Corporation (63), Fruit ofthe Loom (64), Drycleaners EnvironmentalLegislative Fund (65), Angelica Corporation (66),Department of the Air Force (67), American ApparelManufacturers Association (68), Trilateral LabelingCommittee (69), J.C. Penney (70), Liz Claiborne, Inc.(71), Wemco, Inc. (72), Horace Small ApparelCompany (74), Perry Manufacturing Company (75),Russell Corporation (76), Oxford Industries, Inc.(77), The GAP, Inc. (78), Haggar Apparel Company(79), Capital Mercury Shirt Corp. (80), BidermannIndustries (81).

3 Evelyn Borrow (4), Margaret Tilden (13), CapitalMercury Shirt Corp. (26), Ann Geerhart (29), and VFCorporation (36).

4 Togs (2) p.1; Offray (9) p.1; Fieldcrest (11) p.2;Koester (12) p.2; Pittsfield (17) pp. 2–3; Mass.Toxics Reduction (23) p.2; Carter’s (24) p.1;Featherbone (33) p.2; Industry Canada (37) p.3;Paxar (42) p.1; Featherbone (46) p.1; USAIC (47)p.2; Dan River (48) p.1; AFMA (49) p.1; Salant (52)p.1; AHAM (53) p.2; Milliken (54) p.2; Ruff Hewn(55) p.2; ATMI (56) p.1; USA–ITA (57) p.3;Authentic Fitness (60) pp. 1–2; Warnaco (61) pp. 1–2; Salant (63) pp. 1–2; Fruit (64) p.2; Angelica (66)p.6; AAMA (68) p.1; Trilateral Committee (69) pp.1–2; Wemco (72) p.1; Horace Small (74) p.1; Russell(76) p.2; Oxford (77) p.1; Haggar (79) p.1;Bidermann (81) p.1.

5 E.g., Fieldcrest (11) p.2; Pittsfield (17) p.3.6 European Union (18) pp. 2–3; Leslie Fay (50)

p.1; Gap (78) p.4. The Ginetex/ISO system is usedin Europe.

7 Fruit (64) p.2.8 Fieldcrest (11) p.2; Pittsfield (17) p.1; Mass.

Toxics Reduction (23) p.2; Carter’s (24) p.1;Norwick (25) p.1; Capital Shirt (26) p.1;Featherbone (33) p.2; VF Corp. (36) p.4; IndustryCanada (37) p.2; Paxar (42) p.1; Pullen (44) p.4;USAIC (47) p.2; ATMI (56) p.3; USA–ITA (57) p.2;Salant (63) p.1; Fruit (64) p.2; Air Force (67) p.2;AAMA (68) p.2; Haggar (79) p.1.

9 Togs (2) p.1; Koester (12) p.2; Pittsfield (17) p.2;Norwick (25) p.1; Pullen (44) p.2.

10 A few comments mention that some labels arescratchy and irritate the skin. Axleroad (1) p.1;Borrow (4) p.1; Martin (8) p.1; Pittsfield (17) p.1;Featherbone (33) p.1; Salant (63) p.1; Capital Shirt(80) p.1.

11 AAMA (68) p.2.12 Paxar (42) p.1, Fruit (64) p.2, Haggar (79) p.1.13 Oshkosh (27) p.1; USAIC (47) p.2; Springs (51)

p.1; ATMI (56) p.2; Salant (63) pp. 1–2; Fruit (64)p.2; Air Force (67) p.2; AAMA (68) p.3; TrilateralCommittee (69) p.2; Penny (70) p.2.

14 Fieldcrest (11) p.3; Pittsfield (17) p.1; EuropeanUnion (18) p.2, Woolrich (21) p.1, VF Corp. (36) p.4.

15 Penney (70) p.2.

The FRN included the followingquestions on this issue:

(7) Should the Commission amend theRule to allow care symbols to be usedin lieu of language in care instructions?If so, is there an existing set of caresymbols that would provide all or mostof the information required by thecurrent Rule? What are the advantagesand disadvantages of the existingsystems of care symbols?

(a) In particular, what are theadvantages and disadvantages of thesystem of care symbols developed bythe International Association for TextileCare Labeling (‘‘Ginetex’’) and adoptedby the International StandardsOrganization as International Standard3758?

(b) What are the advantages anddisadvantages of the system of caresymbols developed by the AmericanSociety for Testing and Materials(‘‘ASTM’’) and designated as ASTMD5489 Guide to Care Symbols for CareInstructions on Consumer TextileProducts?

III. Analysis of CommentsEighty-one comments were received.1

Sixty-five of the comments discussedthe use of symbols in lieu of writtenlanguage to communicate careinstructions; 60 of those favored the useof symbols.2 Five comments opposed

allowing symbols in lieu of writteninstructions.3 Most comments statedthat they favored symbols becausesymbols would make international tradeeasier.

Canada and Mexico currently allowthe use of symbols to convey garmentcare instructions. Many commentsfocused on trade with Mexico andCanada, stating or implying thatsymbols that harmonize with those usedin Mexico and Canada would further thegoals of NAFTA.4 Some of thesecomments stated or implied that, inaddition to harmony with Canada andMexico, whatever system is adoptedshould be in harmony with the symbolsystem used in Europe.5 Othercomments placed more importance onharmony with the European system thanwith NAFTA.6

Some comments said there would besome initial cost to changing to asymbol system, but they either stated orimplied that the long-run cost savingswould exceed these initial ‘‘change-over’’ costs. Some comments explainedin more detail why the current Ruleimpedes trade within North America.One comment stated that therequirement that care instructions bewritten makes for very long labelsbecause it ‘‘forces manufacturers andretailers wanting to sell products freely

within the NAFTA territory to displaycare instructions in English, French andSpanish.’’ 7 Many other commentsstated that the use of symbols wouldcause production costs to declinebecause the size of labels would bereduced and smaller labels are lessexpensive.8

Several comments noted that the useof symbols would help U.S. consumerswho cannot speak English (or whoseprimary language is not English) andconsumers who cannot read (or cannotread well).9 Some comments noted thatsmaller labels may improve consumercomfort.10 Other comments stated thatsmaller labels would also makegarments more attractive.11 Severalcomments stated that savings fromsmaller labels could be passed on toconsumers as reductions in the cost ofapparel.12

Many comments that favored the useof symbols emphasized that the symbolsshould not be mandatory, but avoluntary option, and that the use ofwritten care instructions shouldcontinue to be allowed, either as asupplement to symbols or alone.13

Several comments noted that allpossible care instructions cannot beconveyed by symbols; certain specialhandling instructions such as ‘‘removepromptly’’; ‘‘double rinse for bestresults’’; ‘‘wash inside out’’; ‘‘wash withlike garments’’; or ‘‘wash beforewearing’’ will probably have to becommunicated in words.14 But onecomment noted that ‘‘symbols alonecould easily accommodate 75–80% ofthe merchandise sold.’’ 15

In sum, most of the comments statethat the use of symbols would benefitboth manufacturers, by loweringproduction costs and increasing exports,and consumers, by communicating careinstructions clearly and by potentially


16 European Union (18) p.1.17 Fruit (64) p.2. See also AHAM (53) p.2.18 Schwab (10) p.1; Fieldcrest (11) pp. 2–3; ASTM

(16) p.8; Pittsfield (17) p.1; Woolrich (21) p.1;Carter’s (24) p.2; Consumers Union (31) p.1; Clorox(32) p.4; Business Habits (38) p.4; Pullen (44) p.4;AHAM (53) p.2; Fruit (64) p.3; AAMA (68) p.3.Some comments stated that symbols should notreplace words until a consumer education programhas become effective. Consumers Union (31) p.1; VFCorp. (36) p.4; Gap (78) p.3. However, consumersdo not need to memorize the symbols if they have‘‘decoding’’ charts they can place in their laundryrooms and if such ‘‘decoding’’ charts, or hangtags,are available in retail stores.

19 Consumers Union (31) p.1; Gap (78) p.3.20 Comment 17, p.2.

21 Ginetex (Groupement International d’Etiquetagepour l’Entretien des Textiles, or InternationalAssociation for Textile Care Labeling) is anorganization composed of national member bodies,with a goal, among other things, of drawing up‘‘guidelines and compulsory directives for the useof the uniform GINETEX symbols and to controltheir application.’’ The Ginetex system was adoptedas an international standard by the InternationalOrganization for Standardization (ISO) in 1991 asISO Standard 3758.

22 The Trade Agreements Act of 1979 states thatany federal agency must, in developing standards,‘‘take into consideration international standardsand shall, if appropriate, base the standards oninternational standards.’’ Trade Agreements Act of1979, title IV, section 402, 93 Stat. 242 (1979)(codified as amended at 19 U.S.C. 2532(2)(A) (Supp.1995)).

23 Several comments noted this deficiency.Pittsfield (17) p.2; Clorox (32) p.4; V.F. Corp. (36)p.4; Pullen (44) p.5; ATMI (56) p.4; GAP (78) p.4.

Consumer Union (31) stated, at p.2, that ‘‘we needa symbol pertinent to non-chlorine bleach as theindustry plans to move away from chlorine bleach.’’The Trilateral Committee (69), at p.2, and ATMI(56), at p.2, both recommend that any care symbolsystem adopted by the U.S. include chlorine andnon-chlorine bleach instructions.

24 The system also indicates temperatures forwashing in precise degrees Centigrade, but fewwashing machines in the United States haveinternal heating devices as European machines do.

25 Pittsfield (17), at p.2, noted ‘‘technicalinconsistencies such as the interconnection oftemperature and cycle conditions’’; Pullen (44), atp.5, noted the lack of a complete selection ofsymbols for all washing cycles and temperatures.

26 ATMI (56) p.4; Penney (70), noting at p.2, thatthe Ginetex symbols are ‘‘technically incomplete forthe American consumer’s laundering practices.’’

27 Section 423.6(b)(1)(ii) states that the label muststate whether the product should be dried bymachine or by some other method. Section423.6(b)(1)(v) states that there must be a warningagainst any part of the prescribed procedure whichconsumers can reasonably be expected to use thatwould harm the product. However, without asymbol for steam ironing, it is impossible to warnagainst steam ironing.

28 The Appendix to the Rule provides specificexamples such as ‘‘short cycle,’’ ‘‘low moisture,’’‘‘do not tumble,’’ and ‘‘no steam.’’

decreasing garment prices. Moreover,one comment stated that it ‘‘considersthat the obligation of using mandatorylanguage instructions would have theeffect of creating unnecessary obstaclesto international trade.’’ 16 Anothercomment stated that the mandatorylanguage requirement could function asa non-tariff barrier to trade which would‘‘significantly impede the free flow ofgoods within the NAFTA territory indirect contravention of the NAFTA.’’ 17

The record contains persuasiveevidence indicating that allowing careinformation to be conveyed by symbolswould lower production costs andwould also have benefits for consumers.Moreover, the record indicates that caresymbols are used in many othercountries, and presumably the symbolscommunicate the information theycontain to the consumers in thosecountries. Nevertheless, manycomments noted the need for consumereducation and expressed confidencethat U.S consumers could adapt to caresymbols with appropriate education.18

Some comments indicated that symbolsshould be used with words until theU.S. population understands thesymbols.19 Pittsfield, on the other hand,argued that consumer education basedon dual disclosure—the use of symbolswith accompanying written instructionson the label—will not work, as shownby the U.S. experience with the metricsystem.20

Section 18(g)(2)of the FTC Act, 15U.S.C. 57a(d)(2)(B), provides that ‘‘[i]f* * * the Commission finds that theapplication of a rule prescribed undersubsection (a)(1)(B) to any person orclass of persons is not necessary toprevent the unfair or deceptive act orpractice to which the rule relates, theCommission may exempt such person orclass from all or part of such rule.’’ Therecord indicates that care informationcan be conveyed by means of symbols,but it also indicates that Americanconsumers need to be educated—or tobe provided with ‘‘decoding’’ charts orhangtags—in order to learn to use aparticular symbol system. Consequently

the Commission proposes to grant aconditional exemption from the‘‘Terminology’’ section of the CareLabeling Rule. However, for the reasonsdiscussed above, the Commissionproposes that the conditional exemptionstate that care labels that use symbolsinstead of language to conveyinformation must be accompanied byhangtags explaining the meaning of thesymbols. If the symbols on the label areaccompanied by explanatory hangtags,then an exemption from the requirementthat words be used on the label isappropriate because words on the labelare not necessary to ‘‘prevent the unfairor deceptive act or practice to which therule relates.’’

IV. Symbol Systems That WereConsidered

The Commission examined twoexisting symbol systems—the Ginetexsystem and the ASTM system—toidentify which conveys all or most ofthe information the Rule requires to beconveyed and meets other importantcriteria. As explained below, the ASTMsystem best meets the needs ofconsumers and industry at the presenttime.

A. ISO/Ginetex SystemBecause the Ginetex system has been

adopted by the International StandardsOrganization (‘‘ISO’’) as InternationalStandard 3758,21 the Commission gavecareful consideration to this system.22

However, the ISO/Ginetex system doesnot provide symbols for some of thebasic information the Rule requires to beconveyed. For example, if chlorinebleach would harm a product but non-chlorine bleach would not, section423.6(b)(1)(iv) of the Rule requires thatthe label contain a warning such as‘‘only non-chlorine bleach whenneeded.’’ However, the ISO/Ginetexsystem contains no symbol for non-chlorine bleach.23 Further, the system’s

symbols for reduced spin and reducedmechanical action, required undersection 423.(b)(1)(v) [‘‘Warnings’’] of theRule, are linked to temperature.24 (ISOstandard 3759 Table 1). This linkage isinconsistent with the technology ofAmerican washers.25 Its temperatureranges for tumble drying (normal andlow—ISO standard 3759 Table 5) arealso inconsistent with Americantechnology.26 It has no symbols fornatural drying, or the use of steam inironing, which are care practicesaddressed by the Rule.27

For dry cleaning, the ISO/Ginetexsystem provides only a symbol(constituting an underlining of thecircle) that means ‘‘strict limitations onthe addition of water and/or mechanicalaction and/or temperature duringcleaning and/or drying.’’ (ISO standard3759 Table 4). However, section423.6(b)(2)(ii)(A) provides that, if a drycleaning instruction is included on thelabel, it must also warn against any partof the dry cleaning process whichconsumers or dry cleaners couldreasonably be expected to use thatwould harm the product or others beingcleaned with it.28 The ISO/Ginetexsystem does not have a method forproviding warnings about whichspecific parts of the dry cleaningprocess should be avoided. Accordingly,the dry cleaning symbol in the ISO/Ginetex system does not satisfy theRule’s requirements for dry cleaninginstructions.

Thus, the ISO/Ginetex system cannotconvey all the information that theCommission has found to be necessaryto prevent the unfair and deceptive


29 Section 423.5 describes the unfair or deceptiveacts or practices the Rule was designed to prevent.Section 423.5(a)(2) states that it is an unfair ordeceptive act or practice for a manufacturer orimporter to fail to disclose instructions whichprescribe a regular care procedure necessary for theordinary use and enjoyment of the product. Section423.5(a)(2) states that it is an unfair or deceptive actor practice to fail to warn a purchaser when anypart of the prescribed regular care procedure, whicha consumer or professional cleaner couldreasonably be expected to use, would harm theproduct or others being cleaned with it.

30 The European Union (GATT Secretariat),noting that the Ginetex system was adopted asinternational standard ISO 3758 in 1991, stated thatArticle 2.2 of the Agreement on Technical Barriersto Trade requires U.S. authorities to useinternational standards as a basis for technicalregulations. Comment 18, pp.1–2. However, whileArticle 2.2 of the Agreement on Technical Barriersto Trade provides that ‘‘technical regulations shallnot be more trade restrictive than necessary tofulfill a legitimate objective, taking account of therisks non-fulfillment would create,’’ it recognizesprevention of deceptive practices as a legitimateobjective. It also states that, in assessing such risks,‘‘relevant elements of consideration are, inter alia:available scientific and technical information,related processing technology or intended end-usesof products.’’ Thus, the differences in U.S. andEuropean technology provide a valid reason for theU.S. to adopt a system that is slightly different thanthe European system. Nevertheless, the Commissionagrees with those comments that indicate that thecreation of a system of care symbols appropriate foruse worldwide is desirable. However, ISO Standard3758, as it now exists, simply does not fulfill thelegitimate objectives of the United States.

31 Carter’s (24) p.3; Oshkosh (27) p.1; AHAM (53)p.2; Milliken (54) p.2; ATMI (56) p.2; AuthenticFitness (60) p.2, Warnaco (61) p.2; Fruit (64) p.4;Drycleaners Fund (65) p.3; AAMA (68) p.4; Penney(70) p.1; Trilateral Committee (79) p.2; GAP (78)p.4. In addition, ATMI (56) objected, at p.4, to thefact that Ginetex requires that a national body in thecountry using the system register with Ginetex andmonitor use of the system within the country. (Seesection A.1. of Annex A to ISO Standard 3758,which states, ‘‘Ginetex has delegated to its nationalcommittees, i.e., its members, the task of promotingthe implementation of textile care labellingsymbols, of granting the right to reproduce and usethe symbols, and of monitoring their use.’’)

32 Before the ISO subcommittee voted to make theGinetex system an international standard, severalcountries (including the U.S.) objected to the use ofa proprietary system as an international standard,but they were outvoted. Subsequent to the adoptionof ISO 3758, the USA delegation to the ISO textilecommittee submitted to ISO a document entitled‘‘USA Comments and Questions Related to ISO3758’’ in which they stated, ‘‘The USA opposes anystandard that requires royalty fees from anyorganization. Therefore, USA opposes ‘ISO 3758–1991- Care labelling code using symbols’ andrecommends it be withdrawn as an ISO Standard.’’Attachment to ASTM comment (16).

33 Togs (2) p.1; Fieldcrest (11) pp. 3–4; Koester(12) pp. 1–2; U. of Kentucky (15) p.2; ASTM (16)p.1; Pittsfield (17) p.2; Carter’s (24) p.3; Norwick(25) p.3, Oshkosh (27) p.1, Clorox (32) pp. 3–4;Pullen (44) pp. 4–7, Salant (52) p.1; Milliken (54)pp. 1–2; ATMI (56) pp. 4–5; Air Force (67) p.2; J.C.Penney (70) p.2.

34 VF Corp. (36), although not supporting the useof symbols without words, did note, at pp.4–5, thatunder Ginetex, ‘‘current symbols cannot bemodified and additional symbols cannot be added’’and that an advantage of the ASTM system is thatthere ‘‘is a procedure to modify or add othersymbols.’’ According to the forward to the AnnualBook of ASTM Standards, Section 7 Textiles, anASTM standard ‘‘is subject to revision at any timeby the responsible technical committee and must bereviewed every five years and if not revised, eitherreapproved or withdrawn.’’

35 Letter of June 7, 1994, from Bode Buckley,Manager, Technical Committee Operations, ASTM,to Kay Villa, ATMI, attached to ATMI comment(56). The letter states that a fee will be establishedfor the use of the chart. A copy of the chart wasattached to the ASTM comment (16).

36 Milliken (54), noting, at p.2, that ‘‘there is someconcern that ASTM (the organization) has notcompletely followed the wishes of its volunteermembers in making the symbol chart. . . freelyavailable without copyright licensingconsiderations’’; ATMI (56), asking, at p.5, that theFTC ‘‘obtain official information from the ASTMabout this fee structure and assure that there wouldbe no fee for use of the symbol chart prior to anyadoption of the standard by the FTC’’; AAMA (68),stating, at p.4, that ‘‘the most important reason fornot accepting the ASTM system is the copyrightissue.’’

37 Moreover, it states that if the chart or symbolsare modified, then they may not be represented as

Continued

practices that the Rule was designed toprevent.29 Moreover, the ISO/Ginetexsystem is inconsistent with Americantechnology in several ways. The TradeAgreements Act explicitly identifiesseveral reasons why basing a standardon an international standard may not beappropriate, including the prevention ofdeceptive practices and fundamentaltechnological problems. 19 U.S.C.2532(2)(B)(i) (1980). Accordingly, theCommission has concluded the use ofISO standard 3758 is not appropriate forthe United States at this time.30

Another problem that weighed againstthe ISO/Ginetex system is the fact thatGinetex asserts trademark rights relatingto the symbols. Annex A to ISO 3758states that the symbols used in thatstandard are registered with the WorldIntellectual Property Organization(WIPO) and owned by Ginetex. PartA.2.1 of Annex A of ISO Standard 3758constitutes an agreement between ISOand Ginetex that ‘‘GINETEX’sownership rights related to the marksare preserved under the terms of thisagreement, as well as the structure,rights and obligations of its nationalcommittees.’’ The Trilateral Committee(a committee formed by industrymembers from the countries signatory toNAFTA), those comments that explicitlysupported its conclusions, andnumerous other comments stated thatthey could only support a symbol

system that was free of proprietaryclaims.31 The Commission agrees withthese comments.32

B. The SystemASTM is a scientific and technical

organization that publishes voluntaryconsensus standards. Its Committee D–13 on Textiles contains a SubcommitteeD13.62 on Care Labeling, whichdeveloped the voluntary consensusstandard D5489 referenced in the FRN.A copy of Standard D5489 is attached toASTM’s comment. A copy of anexplanatory or ‘‘decoding’’ chart can befound at the end of this notice.

The ASTM system provides symbolsrelating to the basic informationrequired by the Rule. It includesmachine and hand washing, with handwashing indicated by a hand in thewashtub. It indicates permanent presscycle by underlining the washtub, andgentle cycle by underlining it twice. Itincludes chlorine and non-chlorinebleach instructions (the latter indicatedby a shaded triangle), and tumble dryingand natural drying instructions. Itindicates dryer cycles by underlining,with single underlining for permanentpress and double underlining for gentlecycle. The iron symbolizes ironing andpressing, and includes an indication asto whether steam can be used (aninstruction that may be particularlyimportant for commercial laundries).Temperature—for water, dryers, orironing—is indicated by a series of dots,with one dot indicating cold, twoindicating warm, three indicating hot,four indicating very hot. Five and sixdots may be used for even highertemperatures. (Alternatively,temperature may be stated in degreesCelsius.)

For dry cleaning, it indicates shortcycle, no steam finishing, reducemoisture, and low heat, respectively, bymeans of a line drawn under, above, tothe left, or to the right of the circle.Finally, the ASTM system (in Standardsection 5.10) allows for optionalsymbols that may be used for additionalprocedures or warnings (e.g., do notwring).

More comments favored the ASTMsystem than the Ginetex system for avariety of reasons, including the factthat it is more comprehensive.33 Onecomment noted that it is easier to addnew symbols in the ASTM system.34

The Commission notes that ASTM hasobtained a copyright for the entireStandard D5489, including anexplanatory chart.35 Several commentsexpressed concern over possiblecopyright licensing fees for the use ofthe chart.36 However, ASTM recentlysubmitted to the Commission adocument entitled ‘‘Conditions forRepublishing the ASTM D 5489 CareSymbol Chart’’ which states that ASTMwill grant other organizations a royaltyfree license for the republication of thecomplete chart, or portions thereof,provided that the charts include a linecrediting ASTM and providing that thecopies are not sold separately from theproducts to which the copies areaffixed.37 This document may alleviate


being the ASTM standard. By implication, however,modified charts could be distributed under someother title (e.g., Care Symbols Used in the U.S.) Thisdocument has been placed on the public record forexamination by interested parties.

38 Todd Uniform (19), p.1.

39 Woolrich (21) p.1; Carter’s (24) p.1. Fruit (64),at p.4, stated that it could not endorse a systemwhich required the use of color, but, with thatproviso, it endorsed the Canadian system.

40 Several comments noted this deficiency.Pittsfield (17) p.2; Clorox (32) p.4; V.F. Corp. (36)p.4; Pullen (44) p.5; ATMI (56) p.4; GAP (78) p.4.Consumer Union (31) stated, at p.2, that ‘‘we needa symbol pertinent to non-chlorine bleach as theindustry plans to move away from chlorine bleach.’’The Trilateral Committee (69), at p.2, and ATMI(56), at p.2, both recommend that any care symbolsystem adopted by the U.S. include chlorine andnon-chlorine bleach instructions.

41 For dry cleaning, section 423.(b)(2)(ii) of theRule states that there must be a warning about anypart of the normal dry cleaning process that wouldharm the product, and the Appendix providesexamples such as ‘‘short cycle,’’ ‘‘low moisture,’’‘‘do not tumble,’’ and ‘‘no steam.’’ Canada uses ayellow circle to indicate ‘‘dry clean with caution,’’but that warning is too vague to satisfy therequirements of the Rule.

42 The Canadian system is not mandatory; thus,the use of symbols without colors should beacceptable.

43 Some comments expressed the concern thatthe ASTM system may be too complicated. USA–ITA (57) p.3; Fruit (64) p.4.

44 The ASTM standard is not entirely clear as towhether temperature can be indicated by the use ofdots and the Celsius temperature. The Commissionsolicits comment on this issue.

45 The ASTM subcommittee recently voted ontwo additions to the symbols for machine drying:a circle in the square with no dots to indicate anyheat; a blacked-in circle to indicate air dry only (noheat). These changes must still be submitted to theentire membership of ASTM. In addition, thesubcommittee has discussed modifying the drycleaning symbol so that lines indicating refinementsto dry cleaning are placed next to the circle at anacute angle; if all four refinements were used, thesymbol would consist of a circle surrounded by fourlines in a diamond formation rather than a square.This avoids conflict with the symbol for machine

concerns about ASTM’s copyright andremove any impediments to thedissemination of explanatory materialsabout the system. However, theCommission seeks comment on thisissue.

V. Use of the ASTM System in Canadaand Mexico

Although the Commission’s firstcriterion in considering a symbol systemwas whether it could fulfill therequirements of the Rule, an equallyimportant criterion was whether thesystem could be harmonized with thesymbol systems used in Canada andMexico. NAFTA specifically requiresthe U.S. to attempt to harmonize itstextile labeling requirements with thoseof Canada and Mexico. Article 906 ofNAFTA states that ‘‘the Parties shall, tothe greatest extent practicable, makecompatible their respective standards-related measures, so as to facilitate tradein a good or service between theParties.’’ Article 913 requires thecreation of a Committee on Standards-Related Measures, which shall include aSubcommittee on Labelling of Textileand Apparel Goods, in accordance withAnnex 913.5.a–4. Annex 913.5.a–4.states that the Subcommittee onLabelling of Textile and Apparel Goodsshall develop and pursue a work program onthe harmonization of labelling requirementsto facilitate trade in textile and apparel goodsbetween the Parties through the adoption ofuniform labelling provisions. The workprogram should include the followingmatters: (a) pictograms and symbols toreplace, where possible, required writteninformation, as well as other methods toreduce the need for labels on textile andapparel goods in multiple languages; (b) careinstructions for textile and apparel goods;* * * * *

The Canadian and Mexican systemsuse the same five basic symbols that areused in the Ginetex and ASTM systems:a washtub to indicate washing (with ahand in the washtub to indicate handwashing), a triangle to indicatebleaching, a square to indicate drying(and a circle within a square to indicatemachine drying), an iron to indicateironing, and a circle to indicate drycleaning. An ‘‘X’’ cancelling out thesymbol warns against using thedesignated cleaning technique, e.g., ‘‘donot dry clean.’’

One commenter suggested that theCommission adopt the Canadian system,which uses the five generic symbols andthree colors (red, green, and yellow).38

However, several comments noted thatthe use of color makes labels much moreexpensive.39 In addition, neither theCanadian nor the Mexican systemprovides a method of communicating allthe information required by the currentCare Labeling Rule. For example, ifchlorine bleach would harm a productbut non-chlorine bleach would not,section 423.(b)(1)(iv) of the Rulerequires that the label contain a warningsuch as ‘‘only non-chlorine bleach whenneeded.’’ However, these systems do notaddress the use of non-chlorinebleach.40 Moreover, with respect to drycleaning, they do not have a method forproviding warnings about parts of thedry cleaning process that might damagethe garment.41

With respect to machine washing, theMexican system does not convey anyrefinements, such as ‘‘gentle cycle,’’ andthe Canadian system does so by meansof color (a yellow washtub means‘‘gentle setting.’’) Neither system offersa means of referring to ‘‘permanentpress cycle’’ in washing, or variouscycles in dryers. Both offer symbols fornatural drying (dry flat, hang to dry,and, in Canada, drip dry.) Both systemsrequire that temperature for washing beindicated in Celsius in the washtub. Fortumble drying, Mexico has noindication of temperature, and Canadauses a yellow symbol to mean ‘‘lowtemperature.’’ In both systems,temperatures for ironing can beindicated by a system of three dots, onefor low, two for medium, and three forhigh.

The Commission has concluded thatthe ASTM system basically iscompatible with the Canadian andMexican systems. Although there aredifferences among the systems, they donot pose insurmountable problems.42

The ASTM system includes some

refinements that are not a part of thosesystems (e.g., underlining to indicategentle or permanent press cycles inwashers and dryers). The Commissionhas tentatively decided that consumereducation would be more effective if thesystem was introduced as a whole,including the use of underlining.43

Nevertheless, the Commission seekscomment on whether the ASTM system,with its use of underlining to reflectcycle variations, should be permitted orwhether only the basic symbols, withoutrefinements, should be allowed.

With respect to temperatureindications, the ASTM system differsslightly from the Canadian and Mexicansystems. Nevertheless, the dot systemfor temperature, which can be combinedwith the Celsius temperature as requiredfor the washtub symbol in Mexico andCanada, seems the best compromise fortemperature indications.44

The ‘‘do not bleach’’ symbol (atriangle with an ‘‘X’’ through it)represents the only instance in which asymbol in the ASTM system has adifferent meaning in Canada or Mexico.In Mexico, this symbol means ‘‘do notuse chlorine bleach’’; in the ASTMsystem, it means ‘‘do not [use any]bleach,’’ chlorine or non-chlorine. Toavoid this conflict, the Commission hastentatively decided to accept the ASTMsystem with one exception and addition- i.e., the elimination of the triangle withan ‘‘X’’ through it and the substitutionof a shaded triangle with an ‘‘X’’through it for the ‘‘do not bleach’’symbol. However, the Commission hasbeen informed that members of theASTM subcommittee that developedthat care symbol system are consideringmaking this modification to the system.If this change is made by ASTM priorto the final issuance by the Commissionof a conditional exemption for the useof symbols, the Commission will simplyreference the modified version of theASTM system, without exceptions oradditions.45


drying (which is a circle in a square). These changesprovide useful additional symbols, and, if thesechanges are adopted by ASTM, the Commissionproposes adopting the ASTM system with thesechanges. However, if adopted, the conditionalexemption will reference a specific version of theASTM system.

46 Schwab (10) p.1; Fieldcrest (11) pp. 2–3;ASTM (16) p.8; Pittsfield (17) p.1; Woolrich (21)p.1; Carter’s (24) p.2; Consumers Union (31) p.1;Clorox (32) p.4; Business Habits (38) p.4; Pullen(44) p.4; AHAM (53) p.2; Fruit (64) p.3; AAMA (68)p.3. Some comments stated that symbols should notreplace words until a consumer education programhas become effective. Consumers Union (31) p.1; VFCorp. (36) p.4; Gap (78) p.3.

47 Consumers Union (31) p.1; Gap (78) p.3.48 Comment 17, p.2.49 Fieldcrest (11) p.3; Pittsfield (17) p.2; Carter’s

(24) p.2; Fruit (64) p.3; AAMA (68) p.3.50 Attachment to Subcomm. D13.62 Minutes,

attached to ASTM comment (16).

51 Mexico does not indicate cycles at all, andCanada does so by the use of color.

52 Pittsfield, a woven label manufacturer, statedthat ‘‘after surveying the label-producing industry,we would also recommend that care symbols on alabel be a minimum of 5 mm in height to ensurelegibility.’’ Comment 17, p.3. Paxar, whichdescribed itself as the ‘‘world’s largest manufacturerof various forms of identification for the textile andapparel industry,’’ stated that woven labelmanufacturers may find it difficult to weavesymbols clearly, but no problems should exist withprinted labels. Comment 42, p.1. The Rule currentlydefines a ‘‘care label’’ as a permanent label or tagthat ‘‘will remain legible during the useful life ofthe product.’’ 16 CFR 423.1(a).

VI. Consumer EducationMany comments noted the need for

education, although most expressedconfidence that U.S consumers couldadapt to care symbols with appropriateeducation.46 Some comments indicatedthat symbols should be used with wordsuntil the U.S. population understandsthe symbols.47 Pittsfield, on the otherhand, argued that consumer educationbased on dual disclosure—the use ofsymbols with accompanying writteninstructions on the label—will not work,as shown by the U.S. experience withthe metric system.48

The Commission agrees that the use ofsymbols with explanatory writteninstructions on the permanentlyattached label would probably not be aneffective way to teach the symbolsystem. However, other commentssuggested strategies that would allowconsumers to use the symbols whilelearning them, such as hangtags ongarments or charts placed on washingmachines, product packaging, or on theback of detergent boxes.49 ASTM,cognizant of this issue, formed a TaskGroup on Care Symbol Education thatincludes the Soap and DetergentAssociation, the Association of HomeAppliance Manufacturers and numerousother trade associations andrepresentatives from the USDAExtension Service.50 The members ofthis task group are interested ineducating consumers about the symbols.In addition, numerous commentersstated they would participate in a

program of consumer education. TheCommission seeks comment on theamount of time that would be needed todevelop and disseminate consumereducation and what forms consumereducation might take. The Commissionitself would be pleased to work withindustry members on such campaigns ifthe Commission ultimately adopts theproposed conditional exemption.

The Commission believes, however,that although educational campaignswill be necessary and helpful, for atleast for an initial 12 month period,manufacturers and importers whochoose to use symbols without wordsshould be required to attach explanatoryhangtags to each such garment. Thiswill ensure that consumers continue tohave access to information aboutgarment care when they make theirpurchases. Consumers who wish to doso could keep one or more of thesehangtags in their laundry rooms. TheCommission seeks comment on thisproposed requirement of the exemption.

VII. Request for Comment

A. Terms of the Proposed ConditionalExemption

The Commission proposes aconditional exemption to the Rule toallow the use of certain care symbolswithout language. The proposedconditional exemption from the CareLabeling Rule simply expands theterminology that those covered by theRule can use to convey the requiredinformation. Specifically, the proposedconditional exemption would (1) permitthe use of the ASTM system of symbolswith an exception and addition (i.e., thesubstitution of a different ‘‘do notbleach’’ symbol) and (2) require that, fora 12 month period, care labels withinformation conveyed only in symbolsbe accompanied by hangtags explainingthe meaning of the symbols.

B. Questions on Proposed ConditionalExemption

The Commission specifically solicitswritten public comments on thefollowing questions, as well as any otherissues relevant to granting or denyingthe conditional exemption describedabove:

1. Will the underlining of the washtubor the machine drying symbol beconfusing to Canadian and Mexicanconsumers? Will the underlining beconfusing to American consumers? If so,should the Commission ‘‘except’’ thispart of the ASTM system from theconditional exemption? 51 Will‘‘excepting’’ the underlining of symbolsreduce the benefit of symbols or imposecosts on manufacturers?

2. Should the Commission specify theminimum size of the symbols or areexisting requirements of legibilitysufficient? 52

3. Should explanatory hangtagsproviding care information in languagebe required for more than one year? Lessthan one year? How long would it takefor hangtags to be prepared and affixedto garments?

4. What types of consumer educationshould be planned and to what extentare industry members willing toparticipate in such campaigns? Howlong would it take to develop andundertake such campaigns?

5. If the Commission were to grant aconditional exemption, when should itbecome effective?

6. Does ASTM’s copyright pose abarrier to the use of the ASTM system?


Care labeling of textile wearingapparel and certain piece goods; Tradepractices.

Authority: 15 U.S.C. 41–58.By direction of the Commission.

Donald S. Clark,Secretary.

BILLING CODE 6750–01–P


[FR Doc. 95–28290 Filed 11–15–95; 8:45 am]BILLING CODE 6750–01–C


DEPARTMENT OF THE TREASURY

U.S. Customs Service

19 CFR Part 134

RIN 1515–AB82

Country of Origin Marking

AGENCY: U.S. Customs Service,Department of the Treasury.ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes toamend the Customs Regulations to easethe requirement that whenever wordsappear on an imported article indicatingthe name of a geographic location otherthan the true country of origin of thearticle, the country of origin markingalways must appear in close proximityto those words. Customs believes that,consistent with the statutoryrequirements of 19 U.S.C. 1304, thecountry of origin is only necessary to bein close proximity to the name of theother geographic location on theimported article if the name of the othergeographic location may mislead ordeceive the ultimate purchaser as to theactual country of origin of the importedarticle.DATES: Comments must be received onor before January 16, 1996.ADDRESSES: Comments (preferably intriplicate) must be submitted to the U.S.Customs Service, ATTN: RegulationsBranch, Franklin Court, 1301Constitution Avenue, NW., Washington,D.C. 20229 and may be inspected at theRegulations Branch, 1099 14th Street,NW., Suite 4000, Washington, D.C.,between the hours of 9:00 a.m. and 4:30p.m. on regular business days.FOR FURTHER INFORMATION CONTACT:Anthony Tonucci, Office of Regulationsand Rulings, 202–482–6980.


Background

Section 304 of the Tariff Act of 1930,as amended (19 U.S.C. 1304) providesthat, unless excepted, every article offoreign origin imported into the UnitedStates shall be marked in a conspicuousplace as legibly, indelibly, andpermanently as the nature of the article(or container) will permit, in such amanner as to indicate to the ultimatepurchaser in the United States theEnglish name of the country of origin ofthe article. Congressional intent inenacting 19 U.S.C. 1304 was that theultimate purchaser should be able toknow by an inspection of the markingon the imported goods the country ofwhich the goods are the product. Part134, Customs Regulations (19 CFR Part

134), implements the country of originmarking requirements and exceptions of19 U.S.C. 1304.

Section 134.46, Customs Regulations(19 CFR 134.46) provides that in anycase in which the words ‘‘UnitedStates,’’ or American,’’ the letters‘‘U.S.A.,’’ any variation of such words orletters, or the name of any city orlocality in the United States, or thename of any foreign country or localityother than the country or locality inwhich the article was manufactured orproduced, appear on an imported articleor its container, there shall appear,legibly and permanently, in closeproximity to such words, letters orname, and in at least a comparable size,the name of the country of originpreceded by ‘‘Made in,’’ ‘‘Product of,’’or other words of similar meaning.

A strict application of § 134.46 wouldrequire that in any case in which a non-origin locality reference appears on animported article or its container, theactual country of origin of the articlemust appear in close proximity and incomparable size lettering to the localityreference preceded by the words ‘‘Madein,’’ ‘‘Product of,’’ or other words ofsimilar meaning.

This document proposes to modifythis regulation to reflect Customsapplication of the regulation consistentwith 19 U.S.C. 1304. In practice,Customs has applied a less stringentstandard in determining whether thecountry of origin marking appearing onan imported article or its container isacceptable. That is, Customs takes intoaccount the question of whether thepresence of words or symbols on animported article or its container canmislead or deceive the ultimatepurchaser as to the actual country oforigin of the article. Consequently, if anon-origin locality reference appears onan imported article or its container,Customs applies the special markingrequirements of § 134.46 only if it findsthat the reference may mislead ordeceive the ultimate purchaser as to theactual country of origin of the importedarticle. If it is concluded that the non-origin locality reference would notmislead or deceive an ultimatepurchaser as to the actual country oforigin of the imported article, Customspolicy is that the special markingrequirements of § 134.46 are nottriggered, and the origin marking onlyneeds to satisfy the generalrequirements of permanency, legibilityand conspicuousness under 19 U.S.C.1304 and 19 CFR Part 134. This lessstringent application is evidenced innumerous Headquarters CustomsRulings.

For example, Customs has allowed a‘‘design/decoration’’ exception for notapplying the special markingrequirements of § 134.46. InHeadquarters Ruling Letter (HQ) 732412of August 29, 1989, Customs consideredwhether jeans met the country of originmarking requirements of § 134.46. Inthat case, the jeans were labeled asfollows:

‘‘Kansas’’ appeared on a fabric labelattached to the rear right pocket. ‘‘KansasJean’’ appeared on the rear pocket snaps.‘‘Kansas’’ and ‘‘Kansas Jeans Navy Wear’’were printed on a leather label attached tothe front right pocket. And a stylized ‘‘K’’and the words ‘‘J. Kansas’’ decorated thefront button. The country of origin of thejeans appeared on a fabric label sewn into thewaistband.

Noting that Customs often distinguishedthose special cases in which thecircumstances were such that referenceto a place other than the country oforigin on an imported article would notconfuse the ultimate purchaser as to thetrue country of origin, i.e., design/decoration use of locality name andfinding that the country of originmarking was conspicuous in that itappeared in a usual place, in letteringsufficient to be easily found and read,Customs determined that the UnitedStates references (‘‘Kansas’’) did nottrigger the marking requirements of§ 134.46. See also HQ 723604 ofNovember 3, 1983, in which ‘‘USA’’letters on men’s bikini-style swimmingtrunks did not trigger the markingrequirements of 19 CFR 134.46 becausesuch marking was used as a symbol ordecoration and would not reasonably beconstrued as indicating the country oforigin of the article.

In HQ 733833 of February 19, 1991,however, Customs found that thedesign/decoration exception to § 134.46was not applicable to the letters ‘‘USA’’printed alone next to the name‘‘Brittania’’ on a leather-like pouchaffixed to a pair of jeans because itcould potentially mislead an ultimatepurchaser and could be considered anindication of origin rather than part ofthe design of the jeans, thus triggeringthe special marking requirements of 19CFR 134.46.

Section 134.46 was promulgatedpursuant to the statutory authority of 19U.S.C. 1304(a)(2), which provides thatthe Secretary of the Treasury may byregulations require the addition of anywords or symbols which may beappropriate to prevent deception ormistake as to the origin of the article oras to the origin of any other article withwhich such imported article is usuallycombined subsequent to importation butbefore delivery to an ultimate purchaser.


Customs believes that the strictrequirements of § 134.46 are not alwaysnecessary to ‘‘prevent deception ormistake as to origin of the article’’ inaccordance with 19 U.S.C. 1304.Accordingly, Customs is proposing tomodify § 134.46 as set forth below.

Proposal

Customs proposes to amend § 134.46to reflect the fact that the specialmarking requirements of § 134.46 shallapply only if the non-origin reference islikely to mislead or deceive the ultimatepurchaser as to the actual country oforigin of the article.

This document also proposes toremove § 134.36(b), CustomsRegulations (19 CFR 134.36(b)). Thisregulation provides that an exceptionfrom marking shall not apply to anyarticle or retail container bearing anywords, letters, names or symbolsdescribed in § 134.46 or § 134.47 whichimply that an article was made orproduced in a country other than theactual country of origin.

Since the special markingrequirements of § 134.46, as proposed tobe amended, would be triggered onlywhen the marking appearing on animported article or its container iscapable of misleading or deceiving anultimate purchaser as to the actualcountry of origin of the article,§ 134.36(b) which serves the samepurpose for the ultimate purchaserwould be redundant and no longerneeded.

Comments

Before adopting this proposal,consideration will be given to anywritten comments (preferably intriplicate) that are timely submitted toCustoms. All such comments receivedfrom the public pursuant to this noticeof proposed rulemaking will beavailable for public inspection inaccordance with the Freedom ofInformation Act (5 U.S.C. 552), § 1.4,Treasury Department Regulations (31CFR 1.4), and § 103.11(b), CustomsRegulations (19 CFR 103.11(b)) duringregular business days between the hoursof 9:00 a.m. and 4:30 p.m. at theRegulations Branch, 1099 14th Street,NW., Suite 4000, Washington, D.C.

Regulatory Flexibility Act

Based on the analysis set forth in thepreamble, it is certified under theRegulatory Flexibility Act (5 U.S.C. 601et seq.) that the proposed rule, ifadopted, will not have a significanteconomic impact on a substantialnumber of small entities. Accordingly,the rule is not subject to the regulatory

analysis requirements of 5 U.S.C. 603and 604.

Executive Order 12866

This document does not meet thecriteria for a ‘‘significant regulatoryaction’’ as specified in E.O. 12866.

Drafting Information: The principal authorof this document was Janet L. Johnson,Regulations Branch, U. S. Customs Service.However, personnel from other officesparticipated in its development.


Customs duties and inspection,Labeling, Packaging and containers.

Proposed Amendments

It is proposed to amend Part 134,Customs Regulations (19 CFR Part 134),as set forth below.

PART 134—COUNTRY OF ORIGINMARKING

1. The general authority citation forPart 134 would continue to read asfollows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202(General Note 20, Harmonized TariffSchedule of the United States (HTSUS)),1304, 1624.

2. It is proposed to amend § 134.36 byrevising its heading to read‘‘Inapplicability of Marking Exceptionfor Articles Processed by Importer’’,removing the designation and headingof paragraph (a) and removingparagraph (b).

3. It is proposed to revise § 134.46 toread as follows:

§ 134.46 Marking when name of country orlocality other than country of originappears.

In any case in which the words‘‘United States,’’ or ‘‘American,’’ theletters ‘‘U.S.A.,’’ any variation of suchwords or letters, or the name of any cityor location in the United States, or thename of any foreign country or localityother than the country or locality inwhich the article was manufactured orproduced, appear on an imported articleor its container, which may mislead ordeceive the ultimate purchaser as to theactual country of origin of the article,there shall appear, legibly andpermanently, in close proximity to suchwords, letters or name, and in at leasta comparable size, the name of thecountry of origin preceded by ‘‘Madein,’’ ‘‘Product of,’’ or other words ofsimilar meaning.

Approved: September 6, 1995.George J. Weise,Commissioner of Customs.Dennis M. O’Connell,Acting Deputy Assistant Secretary of theTreasury.[FR Doc. 95–28253 Filed 11–15–95; 8:45 am]BILLING CODE 4820–02–P


Minerals Management Service

30 CFR Part 250

Training of Lessee and ContractorEmployees Engaged in Oil and Gasand Sulphur Operations in the OuterContinental Shelf (OCS)

AGENCY: Minerals Management Service,Interior.ACTION: Notice of a public workshop anda pilot testing program.

SUMMARY: This notice announces apublic workshop and a pilot testingprogram that Minerals ManagementService (MMS) will conduct. The publicworkshop will assist MMS to acquireadditional information and commentspertinent to the recently publishedtraining proposed rule and the pilottesting program. The purpose of thepilot testing program is to assess thedrilling training and testing that lesseeand contract employees receive.DATES: MMS will conduct the publicworkshop on December 6, 1995, from8:30 a.m. to 5:00 p.m., at the locationlisted in the ADDRESSES section.ADDRESSES: MMS will hold theworkshop in the MMS Gulf of MexicoRegional Office located at 1201Elmwood Park Boulevard, New Orleans,Louisiana 70123–2394.FOR FURTHER INFORMATION CONTACT:Wilbon Rhome, Information andTraining Branch, telephone (703) 787–1587 or FAX (703) 787–1575.SUPPLEMENTARY INFORMATION: MMSrecently published a proposed rule (60FR 55683, November 2, 1995)concerning Subpart O—Training, in theFederal Register. New elements thatprovide more flexibility includealternative training methods and third-party training program accreditation(previously termed ‘‘certification’’). Inorder to discuss the new elements of thetraining rule, MMS will conduct theworkshop listed in the ADDRESSESsection. The workshop will include asession on the proposal to allow thirdparties to accredit to accredit workertraining programs. Currently, MMSaccredits these programs.


MMS will also present a summary ofthe third-party accreditation commentsreceived from the August 5, 1994,advance notice of proposed rulemaking(59 FR 39991). We will outline the rangeof options that we have identified forthird-party accreditation. These optionsrange from MMS accrediting thirdparties to having non-profitorganizations accredit them. Theworkshop will provide an additionalopportunity to discuss third-partyoptions.

MMS has launched a pilot testingprogram that will initially cover thedrilling well-control training that lesseeand contract employees receive. Underthe authority located at paragraph (b) of30 CFR 250.215, MMS may test traineesat a training facility.

MMS has gathered sample testquestions from various schools. Thesequestions form the current data basethat MMS is using to generate tests.MMS will randomly visit schools toadminister a test to trainees in drilling.The test will take place after the traineescomplete the course. Any trainee whodoes not pass the MMS-conducted testmust pass a retest administered by theschool to continue to work in drilling inthe OCS.

MMS is currently administering awritten test at a small sampling ofschools. MMS will use the workshop asan opportunity to exchange ideas aboutthe pilot testing program.

MMS encourages all interested partiesto attend this workshop. The workshopwill include presentations by MMS andan open comment period.

Registration: The workshop will nothave a registration fee. However, toassess the probable number ofparticipants, MMS requests participantsto register by contacting Wilbon Rhome,Information and Training Branch,telephone (703) 787–1587 or FAX (703)787–1575. Limited seating is availableand will be on a first-come-first-seatedbasis.

Proceedings: MMS will have a servicetranscribe the proceedings and makecopies available for purchase. We willsupply the details during the workshopfor obtaining copies of the proceedings.

Dated: November 3, 1995.Thomas M. Gernhofer,Associate Director for Offshore MineralsManagement.[FR Doc. 95–28175 Filed 11–15–95; 8:45 am]BILLING CODE 4310–MR–M

Bureau of Land Management

43 CFR Part 2810

[WO–420–6310–00]

Tramroads and Logging Roads—Subpart 2812—Over O. and C. andCoos Bay Revested Lands

AGENCY: Bureau of Land Management,Interior.ACTION: Advance notice of proposedrulemaking.

SUMMARY: The Bureau of LandManagement (BLM) plans to reviseregulations governing logging roads overrevested Oregon and California Railroadgrant lands and reconveyed Coos BayWagon Road grant lands (collectivelyknown as the O&C lands). The changeswill bring the existing cost-sharing roadprogram under the regulatoryframework of Section 502 of the FederalLand Policy and Management Act of1976 (FLPMA) and incorporateenvironmental protection and otherrequirements for rights-of-way overpublic lands found in Title V of FLPMA.Another change will allowcompensation for the use of roads andrights-of-way where the landowner hasgranted BLM rights of access forrecreational purposes. In addition, theentire subpart will be revised, using a‘‘plain English’’ approach, to removeobsolete terms and improve its clarity,organization, and readability. Thepurpose of this notice is to solicitcomments to help guide preparation ofthe proposed rule. This notice presentsonly a general description of the actionsbeing considered and includes noregulatory text.DATES: Comments on this advancenotice of proposed rulemaking must bereceived by December 18, 1995.Comments postmarked after this datemay not be considered in thepreparation of the proposed rule.ADDRESSES: Comments may be mailedto: Regulatory Management Team (420),Bureau of Land Management, 1849 CStreet NW, Room 401LS, Washington,DC 20240.

Comments may be sent via Internet to:[email protected]. Please include‘‘ATTN: O&C’’ and your name andreturn address in your Internet message.

Comments may be hand-delivered tothe Bureau of Land ManagementAdministrative Record, Room 401, 1620L Street NW, Washington, DC.

Comments will be available for publicreview at the L Street address duringregular business hours (7:45 a.m. to 4:15p.m.), Monday through Friday.

FOR FURTHER INFORMATION CONTACT: JohnStyduhar, Oregon State Office, Bureauof Land Management, (503) 952–6454.SUPPLEMENTARY INFORMATION: The BLMis responsible for the conservation andmanagement of about two million acresof public forestlands in western Oregon,commonly referred to as the O&C lands.The O&C lands are generallyintermingled with private lands in acheckerboard pattern which createsparticular problems with respect to landmanagement as each party must crossthe lands of the other for access.

The Oregon and California RevestedLands Sustained Yield Management Actof August 28, 1937 (43 U.S.C. 1181a and1181b) granted to the Secretary of theInterior the general authority to providefor the use, occupancy, anddevelopment of the O&C lands throughpermits and rights-of-way. The BLM hashad a cost-share logging road right-of-way program in western Oregon underthis authority since the early 1950’s.The regulations for this program arecontained in 43 CFR Subpart 2812. Withthe enactment of the Federal LandPolicy and Management Act of 1976(FLPMA), all right-of-wayauthorizations must be issued under theauthority and requirements of Title V ofFLPMA (43 U.S.C. 1761–1771). TheSecretary was given specific authority toenter into cost-share agreements underSection 502 of the Act.

The BLM has continued the use ofregulations in 43 CFR Subpart 2812 onan interim basis pending thepreparation and publication of newcost-share regulations. Since theregulations contained in this subpartclearly represent a cost-share roadagreement concept, it is proposed by theSecretary that these regulations berevised as necessary and adoptedpursuant to the authority contained inSection 310 of FLPMA (43 U.S.C. 1740)for the purpose of implementing Section502. Continuing the use of pre-existingregulations with only minormodifications and changes wouldprovide for the orderly and continuousadministration of all outstandingpermits and agreements issued prior tothe effective date of this rulemaking.

BLM has identified the followingchanges that it intends to include in theproposed rule and invites the public tosubmit information and comments:

1. Include as an authority Title V ofFLPMA, thus bringing the authoritysection up to date.

2. Modify the definition of‘‘management’’ to include theconservation of environmentalresources. This will ensure thatprotection of the environment is


considered equally with all othermanagement objectives.

3. Provide for reimbursement ofreasonable costs incurred by the UnitedStates in considering right-of-wayrequests. The BLM currently charges nofees for processing right-of-wayapplications under this subpart.

4. Remove the restriction on grantingpermits to noncitizens since thisrestriction is no longer required underFLPMA.

5. Permit the collection of additionalinformation that the Secretary deemsnecessary to determine whether a right-of-way should be granted, issued, orrenewed, and what terms andconditions should be included in theright-of-way.

6. Remove the provision allowingconstruction in advance of the issuanceof a permit, because there is noauthority for it in Title V of FLPMA.

7. Allow either party to record legalinstruments. As a practical matter, BLMrather than the applicant often recordsthese instruments, and the regulationshould be amended to authorize thispractice.

8. Provide regulatory authority for theBLM to object to the location of a roadright-of-way across public lands becauseof potential effects on species listed asthreatened or endangered under theEndangered Species Act.

9. Add terms and conditionsincluding environmental protectionprovisions and measures to protectcultural sites and objects. Include areservation of the right of thegovernment to permit compatible use ofthe right-of-way by others.

10. Add an abandonment provisionproviding that failure to use the right-of-way for a continuous 5-year period willbe treated as abandonment. Thispresumption of abandonment would berebuttable by the holder.

11. Establish terms and conditionswhereby the government can exercisethe rights received from a permittee foruse by properly licensed hunters andfishermen and by other recreationaliststo reach United States lands.

The public is invited to raise anyadditional issues or concerns related tothe proposed rulemaking, including anyother factors that should be consideredin its development. BLM is particularlyinterested in ideas about how toreorganize, simplify, and clarify theexisting regulations.

In accordance with the PaperworkReduction Act of 1995, BLM is requiredto provide notice in the Federal Registerconcerning a proposed collection ofinformation. The purpose of the noticeis to solicit comments on whether thecollection of information is necessary,

the accuracy of BLM’s estimate of theburden imposed by the collection, waysto enhance the quality and usefulness ofthe information, and ways to minimizethe burden. Elsewhere in this issue ofthe Federal Register, BLM is publishinga notice concerning the form used byapplicants for right-of-way permits.

The principal author of this advancenotice of proposed rulemaking is JohnStyduhar, Oregon State Office, assistedby Pat Boyd, Regulatory ManagementTeam, Washington Office.

Dated: November 13, 1995.Annetta Cheek,Regulatory Management Team.[FR Doc. 95–28294 Filed 11–15–95; 8:45 am]BILLING CODE 4310–84–P


National Highway Traffic SafetyAdministration

49 CFR Part 571

[Docket No. 95–28; Notice 4]

RIN 2127–AF73

Lamps, Reflective Devices andAssociated Equipment; NovemberAdvisory Committee Public Meeting

AGENCY: National Highway TrafficSafety Administration (NHTSA); DOT.ACTION: Notice; change of location ofNovember Advisory CommitteeMeeting.

SUMMARY: This notice announces achange in the dates and location of theNovember meeting of NHTSA’sAdvisory Committee on RegulatoryNegotiation (concerning theimprovement of headlamp aimabilityperformance and visual/opticalheadlamp aiming).DATES: Tuesday–Thursday, November28–30.ADDRESSES: The November meetings ofthe Advisory Committee will be held atMaryland State HighwayAdministration, 7491 Connelly Drive,Hanover, Maryland 21076.FOR FURTHER INFORMATION CONTACT: JereMedlin, Office of Vehicle SafetyStandards, NHTSA (Phone: 202–366–5276; FAX: 202–366–4329). Mediator:Lynn Sylvester, Federal Mediation andConciliation Service (phone: 202–606–9140; FAX: 202–606–3679).SUPPLEMENTARY INFORMATION: In Notice3 of Docket No. 95–28, the NationalHighway Traffic Safety Administration(NHTSA) announced that the Novembermeetings of the Advisory Committee forthe purposes of negotiating the contents

of the preamble and a proposedamendment to 49 CFR 571.108 MotorVehicle Safety Standard No. 108 Lamps,Reflective Devices, and AssociatedEquipment to develop recommendedspecifications for adding a visual/optical aimability requirement for thelower beam headlamp, would be heldon Tuesday/Wednesday November 28/29 beginning at 9:00 a.m. in room 2230of the Nassif Building, 400 SeventhStreet, SW., Washington, DC (60 FR42496).

The Committee has decided to hold athird day of meetings, on Thursday,November 30, and to conduct all itsNovember meetings at the offices of theMaryland State HighwayAdministration, 7491 Connelly Drive,Hanover, Md. This action is taken tofacilitate a nighttime demonstration ofheadlamp aiming and visibility ofoverhead signs. The meeting onTuesday, November 28 will begin at12:30 p.m. The meeting on Wednesday,November 29 will begin at 10:00 a.m.The meeting on Thursday, November30, will begin at 9:00 a.m.

The meetings are open to the public,except for the nighttime demonstrationof headlamp aiming and visibility ofoverhead signs. For logistical reasons,this must be restricted to the Committee,and to State Highway Administrationpersonnel involved in thedemonstration.

As announced previously, theCommittee will review the tentativeschedule for meetings for January,February, and March 1996, at itsNovember meeting, and a further noticewill be published if there is any changein this schedule.

Issued: November 9, 1995.Barry Felrice,Associate Administrator for SafetyPerformance Standards.[FR Doc. 95–28296 Filed 11–15–95; 8:45 am]BILLING CODE 4910–59–P

49 CFR Part 571

[Docket No. 95–88, Notice 01]

RIN 2127–AG02

Federal Motor Vehicle SafetyStandards; Brake Hoses; WhipResistance Test

AGENCY: National Highway TrafficSafety Administration (NHTSA),Department of Transportation.ACTION: Notice of proposed rulemaking(NPRM).

SUMMARY: As the result of an inquiryfrom Earl’s Performance Products, thisdocument proposes to amend Standard


No. 106, Brake Hoses, by revising thewhip resistance test. Under theproposal, it would be permissible, forthe purpose of the test, to mount suchbrake hose assemblies using asupplemental support. This proposalwould serve to amend a provision thathas the unintended consequence ofprohibiting the manufacture and sale foruse on the public roads of a type ofbrake hose that has significant safetyadvantages.DATES: Comments. Comments must bereceived on or before January 16, 1996.ADDRESSES: Comments should refer tothe docket and notice numbers aboveand be submitted to: Docket Section,National Highway Traffic SafetyAdministration, 400 Seventh Street,S.W., Washington, D.C. 20590. Dockethours are 9:30 a.m. to 4 p.m., Mondaythrough Friday.FOR FURTHER INFORMATION CONTACT: Fornon-legal issues: Mr. Richard Carter,Office of Vehicle Safety Standards,National Highway Traffic SafetyAdministration, 400 Seventh Street,S.W., Washington, D.C. 20590. (202–366–5274).

For legal issues: Mr. Marvin L. Shaw,NCC–20, Rulemaking Division, Office ofChief Counsel, National Highway TrafficSafety Administration, 400 SeventhStreet, SW., Washington, D.C. 20590(202–366–2992).


I. BackgroundStandard No. 106, Brake Hoses,

specifies labeling and performancerequirements for motor vehicle brakehose, brake hose assemblies, and brakehose end fittings. The Standard includesseveral requirements, including one forwhip resistance. Section S5.3.3, Whipresistance, specifies that ‘‘A hydraulicbrake hose assembly shall not rupturewhen run continuously on a flexingmachine for 35 hours.’’ The purpose ofthe whip resistance requirement is toreplicate the bending cycles that a brakehose experiences when mounted on avehicle’s front axle. The flexingmachine simulates the turning of thefront wheels combined with the jounceand rebound of the wheel on roughroads.

Section S6.3 specifies the testconditions for the whip resistance test,including the testing apparatus, testpreparation, and test operation. Thestandard specifies that the testingapparatus is required to be equippedwith capped end fittings that permitmounting at each end point. The presentspecifications requirements for the whiptest apparatus are patterned after anexisting Society of Automotive

Engineers (SAE’s) RecommendedPractice, J1401, Hydraulic Brake HoseAssemblies for Use with NonpetroleumBased Hydraulic Fluids (June 1990).

II. Request for Interpretation andNHTSA’s Response

On December 8, 1994, Earl’sPerformance Products (Earl’s) contactedthe agency requesting an interpretationof the whip resistance requirements inStandard No. 106. Specifically, thatcompany asked about the permissibilityof using an alternative whip resistancetest apparatus for testing hydraulicbrake hose. Earl’s is seeking permissionto use the alternative fixture because itwishes to begin selling its armoredbrake hose for use on the public roadsand its hose will not pass the presentwhip resistance test. The test fixturewould provide a pivoted supplementalhose support for use with Earl’s brakehose, which is armored with braidedstainless steel. The alternative testfixture is based on the manner in whichits brake hose is currently mounted onracing vehicles and in which it wouldbe mounted on vehicles used on thepublic roads if the agency adopts theamendment requested by Earl’s. TheStandard specifies that the test samplebe ‘‘mounted through bearings at eachend * * *’’ (S6.3.1(a)) Earl’s armoredbrake hoses are installed differentlythan conventional hoses, since Earl’shoses, unlike conventional hoses, areattached to the vehicle frame.

Earl’s has manufactured its armoredbrake hose for use in off-road, highperformance race cars since the 1960s.It claimed that its product is of veryhigh quality and easily meets all of therequirements in Standard No. 106,except the whip resistance test. Itsproduct fails the whip resistance testdue to cyclic stress at the interfacebetween the hose and the swaged collarat the fixed end of the hose assembly.Such cyclic stress occurs in the realworld also, but does not pose a problemin that environment because the hose isprotected by the supplemental support.

Earl’s further indicated that it hadsuccessfully tested hose assemblies from9 inches to 24 inches using its new testfixture. In describing its test fixture, thatcompany stated that

* * * the whip dampener consists of aspherical bearing enclosed in a machinedhousing. The housing clips into the OEMbracket where the OEM hard brake tubingjoins to the flexible brake hose. The flexiblebrake hose of stainless armored teflon isinserted through the bearing on assembly andcannot be removed. Suitable threadedcouplings * * * are provided at each end ofthe assembly to match the OEM threads atthe end of the hard lines and at the caliperof the wheel cylinder * * *

On April 24, 1995, NHTSA respondedto Earl’s request for an interpretation, bystating that

Section S6.3 cannot be interpreted topermit mounting the brake hose at the ‘‘whipdampener.’’ S6.3.1 Apparatus specifies a testapparatus that mounts the brake hose at‘‘capped end fittings’’ on one end and ‘‘openend fittings’’ on the other, and specifies nomounting points in between. Thus a testapparatus that mounts the brake hose at a‘‘whip dampener,’’ which is not an endfitting would not meet Standard No. 106.

The agency then stated that it wouldinitiate rulemaking to further considerwhether to amend the whip resistancetest to permit a supplemental support.

III. Agency ProposalAfter reviewing the issues raised in

the letter from Earl’s, NHTSA hasdecided to propose amending the whipresistance test of Standard No. 106.Under this proposal, section S6.3.2would be amended to permit a pivotedsupplemental support, therebyproviding an optional way to mountcertain brake hose assemblies during thetest. Without such an amendment, thosearmored hoses would remain prohibitedbecause they cannot comply with thecurrent whip resistant test. Theproposed amendment is intended toallow the mounting of Earl’s brake hoseassembly in the same way that it ismounted in the real world. The proposalapplies to those brake hose assembliesthat are fitted with a supplementalsupport which cannot be removed fromthe hose without destroying the hose.The supplemental support would beplaced so that it is spaced in accordancewith the recommendation of the brakehose assembly manufacturer. Theagency invites comments about theappropriateness of the proposedmodification to the whip resistance test.

NHTSA believes that the provision itproposes to amend has the unintendedconsequence of prohibiting themanufacture and sale for use on thepublic roads of a type of brake hose thathas significant safety advantages.Among the safety advantages are theelimination of hose swell underpressure which results in a significantreduction in brake pedal travel and amuch firmer brake pedal feel. Thefirmer pedal allows the driver tomodulate braking force more precisely.These safety advantages are relevant in‘‘typical road environments.’’ Theagency notes that armored brake hosesare designed to withstand operatingconditions, such as those experienced inracing environments, that aresignificantly more severe than thoseexperienced in typical roadenvironments. Brake hoses of this type


are of higher quality and moreexpensive than those typically installedfor use on the public roads.

LeadtimeThe statute requires that each order

shall take effect no sooner than 180 daysfrom the date the order is issued unlessgood cause is shown that an earliereffective date is in the public interest.49 U.S.C. 30111(d) NHTSA hastentatively concluded that there wouldbe good cause not to provide the 180day lead time given that thisamendment would have no adverseeffect on manufacturers. The proposalmerely specifies an alternative methodof testing certain brake hoses. Based onthe above, the agency has tentativelyconcluded that there is good cause foran effective date 30 days afterpublication of the final rule. NHTSArequests comments about whether a 30day effective date is appropriate orwhether more leadtime is necessary.

Rulemaking Analyses and Notices

1. Executive Order 12866 (FederalRegulatory Planning and Review) andDOT Regulatory Policies and Procedures

This proposal was not reviewed underE.O. 12866. NHTSA has analyzed thisproposal and determined that it is not‘‘significant’’ within the meaning of theDepartment of Transportation’sregulatory policies and procedures. Afull regulatory evaluation is not requiredbecause the rule, if adopted, would haveno mandatory effects. Instead, theproposed rule would permit the use ofbrake hoses which are designed to beinstalled using a supplemental support,such as those manufactured by thepetitioner that are armored with braidedstainless steel. Therefore, thisrulemaking would not have any costimpacts.

2. Regulatory Flexibility ActIn accordance with the Regulatory

Flexibility Act, NHTSA has evaluatedthe effects of this action on smallentities. Based upon this evaluation, Icertify that the proposed amendmentwould not have a significant economicimpact on a substantial number of smallentities. Vehicle and brake hosemanufacturers typically would notqualify as small entities. Further, asnoted above, the proposal would haveminimal, if any impacts on costs orbenefits. Accordingly, no regulatoryflexibility analysis has been prepared.

3. Executive Order 12612 (Federalism)This action has been analyzed in

accordance with the principles andcriteria contained in Executive Order12612, and it has been determined that

the proposed rule would not havesufficient Federalism implications towarrant preparation of a FederalismAssessment. No State laws would beaffected.

4. National Environmental Policy ActFinally, the agency has considered the

environmental implications of thisproposed rule in accordance with theNational Environmental Policy Act of1969 and determined that the proposedrule would not significantly affect thehuman environment.

5. Civil Justice ReformThis proposed rule would not have

any retroactive effect. Under section103(d) of the National Traffic and MotorVehicle Safety Act (49 U.S.C. 30111),whenever a Federal motor vehicle safetystandard is in effect, a state may notadopt or maintain a safety standardapplicable to the same aspect ofperformance which is not identical tothe Federal standard. Section 105 of theAct (49 U.S.C. 30161) sets forth aprocedure for judicial review of finalrules establishing, amending or revokingFederal motor vehicle safety standards.That section does not requiresubmission of a petition forreconsideration or other administrativeproceedings before parties may file suitin court.

Public CommentsInterested persons are invited to

submit comments on the proposal. It isrequested but not required that 10copies be submitted.

All comments must not exceed 15pages in length. (49 CFR 553.21).Necessary attachments may beappended to these submissions withoutregard to the 15-page limit. Thislimitation is intended to encouragecommenters to detail their primaryarguments in a concise fashion.

If a commenter wishes to submitcertain information under a claim ofconfidentiality, three copies of thecomplete submission, includingpurportedly confidential businessinformation, should be submitted to theChief Counsel, NHTSA, at the streetaddress given above, and seven copiesfrom which the purportedly confidentialinformation has been deleted should besubmitted to the Docket Section. Arequest for confidentiality should beaccompanied by a cover letter settingforth the information specified in theagency’s confidential businessinformation regulation. 49 CFR Part 512.

All comments received before theclose of business on the commentclosing date indicated above for theproposal will be considered, and will be

available for examination in the docketat the above address both before andafter that date. To the extent possible,comments filed after the closing datewill also be considered. Commentsreceived too late for consideration inregard to the final rule will beconsidered as suggestions for furtherrulemaking action. The NHTSA willcontinue to file relevant information asit becomes available in the docket afterthe closing date, and it is recommendedthat interested persons continue toexamine the docket for new material.

Those persons desiring to be notifiedupon receipt of their comments in therules docket should enclose a self-addressed, stamped postcard in theenvelope with their comments. Uponreceiving the comments, the docketsupervisor will return the postcard bymail.


Imports, Motor vehicle safety, Motorvehicles, Rubber and rubber products,Tires.

In consideration of the foregoing, theagency proposes to amend Standard No.106, Brake Hoses, in Title 49 of the Codeof Federal Regulations at Part 571 asfollows:

PART 571—FEDERAL MOTORVEHICLE SAFETY STANDARDS

1. The authority citation for Part 571would continue to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,30117, and 30166; delegation of authority at49 CFR 1.50.

2. § 571.121 would be amended byadding S6.3.2(d), which would read asfollows:

§ 571.121 Standard No. 106; Brake Hoses.

* * * * *S6.3.2 * * *(d) For a brake hose assembly fitted

with a supplemental support whichcannot be removed from the hosewithout destroying the hose, the brakehose assembly may be mounted using asupplemental support. Mount thesupplemental support in the samevertical and horizontal planes as thestationary header end of the whip testfixture described in S6.3.1(b). Place thesupplemental support so that it isspaced in accordance with therecommendation of the brake hoseassembly manufacturer for mounting thehose assembly on a vehicle.* * * * *


Issued on: November 13, 1995.Barry Felrice,Associate Administrator for SafetyPerformance Standards.[FR Doc. 95–28357 Filed 11–15–95; 8:45 am]BILLING CODE 4910–59–P

49 CFR Part 571


RIN 2127–AG01

Federal Motor Vehicle SafetyStandards; Steering Control RearwardDisplacement

AGENCY: National Highway TrafficSafety Administration (NHTSA), DOT.ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes toexclude certain vehicles from theapplication of the agency’s standard onsteering control rearward displacement.The excluded vehicles would bepassenger cars and other light vehiclesthat are certified to comply with thefrontal barrier crash test requirements ofthe agency’s occupant crash protectionstandard by means of an air bag. Theagency believes that the engineeringconsiderations that go into designing avehicle with air bags would ensure thatthe vehicle would have the sameperformance for steering controlrearward displacement as is currentlyrequired by regulation.DATES: Comment Date: Comments mustbe received by January 16, 1996.ADDRESSES: Comments should refer tothe docket and notice number of thisnotice and be submitted to: DocketSection, Room 5109, National HighwayTraffic Safety Administration, 400Seventh Street, SW, Washington, DC20590. (Docket Room hours are 9:30a.m.–4 p.m., Monday through Friday.)FOR FURTHER INFORMATION CONTACT: Mr.Clarke B. Harper, Office of VehicleSafety Standards, NPS–12, NationalHighway Traffic Safety Administration,400 Seventh Street, SW, Washington,DC 20590. Telephone: (202) 366–2264.Fax: (202) 366–4329. For legal issues:Mr. Edward Glancy, Office of ChiefCounsel, NCC–20, National HighwayTraffic Safety Administration, 400Seventh Street, SW, Washington, DC20590. Telephone: (202) 366–2992.SUPPLEMENTARY INFORMATION: Pursuantto the March 4, 1995 directive,‘‘Regulatory Reinvention Initiative,’’from the President to the heads ofdepartments and agencies, NHTSA hasundertaken a review of all itsregulations and directives. During thecourse of this review, the agency

identified several regulations that arepotential candidates for rescission oramendment. One of these regulations isStandard No. 204, Steering ControlRearward Displacement, which may beredundant for certain vehicles, given theactions which are separately required tobe taken to comply with Standard No.208, Occupant Crash Protection.

Standard No. 204 specifiesrequirements that limit the rearwardmotion of the steering column in afrontal crash. The standard specifiesthat the upper end of the steeringcolumn and shaft may not be displacedhorizontally rearward more than 5inches in a 30-mile-per-hour frontalbarrier crash test. The standard appliesto passenger cars and other lightvehicles.

Standard No. 204 is one of theagency’s original safety standards. Inconjunction with Standard No. 203,Impact Protection For The Driver FromThe Steering Control System, thestandard is intended to reduce thelikelihood of chest, neck or headinjuries in frontal impact accidents.

In 1975, NHTSA amended StandardNo. 203 to exclude from itsrequirements vehicles that compliedwith the frontal barrier crash testrequirements (S5.1) of Standard No. 208by means other than safety belts, i.e., byair bags. 40 FR 17992, April 24, 1975.NHTSA stated at that time thatredundant occupant crash protectionoffered by certain standards is justifiedfor those situations where the primaryoccupant crash protection system failsor multiple collisions occur. However,NHTSA determined that the redundantprotection of Standard No. 203 was notjustified where it directly interferedwith the development of a moreadvanced, convenient and effectiveoccupant protection system, such as airbags.

In 1988, NHTSA denied a petition forrulemaking from Mitsubishi whichrequested that the agency amendStandard No. 204 to exclude vehiclesthat comply with the frontal barriercrash test requirements of Standard No.208 by means other than safety belts. 53FR 780, January 13, 1988. The agencystated:

The agency does not agree that theprotection provided by Standard No. 204 isunnecessary for vehicles equipped with airbags. The standard essentially requireshardware to disconnect steering gearmovement from the steering column undercrash conditions. The standard providesprotection to the driver of an air bagequipped vehicle against chest, neck or headinjuries which could occur in frontalcollisions at speeds below the deploymentlevel of the vehicle’s air bag, or in angular

impacts where an air bag might not be aslikely to deploy. NHTSA further believesthat, in the absence of Standard No. 204, itis possible for a steering assembly to displacemore than five inches in a situation wherethe injury criteria of Standard No. 208 weremet. Thus, although the driver’s impact withthe assembly fell within the injury criteria ofthe latter standard, the rearward motion ofthe assembly might entrap the driver or makeescape from the vehicle more difficult.

In the context of reviewing whetherany of its requirements are no longernecessary, NHTSA believes it isappropriate to reconsider the position ittook in denying the Mitsubishi petition.In particular, the agency believes that itshould distinguish between whether itis possible for a steering assembly todisplace more than five inches in asituation where an air-bag-equippedvehicle meets the injury criteria ofStandard No. 208, and whether there isany reasonable likelihood of such anevent.

NHTSA believes that one of the mostfundamental engineering considerationsthat manufacturers take into account indesigning an air-bag-equipped vehicle isto provide a secure platform for the airbag. This is because, in order to designan effective air bag, the designer mustknow the relative location of the air bagand the protected occupant. If the airbag platform were moving up or down,or backwards or forward during a crash,it could adversely affect performance.Since the driver air bag is located on thesteering column, NHTSA believes thatthe engineering consideration ofensuring that the air bag platformremains secure will lead manufacturersto take steps that will also ensure thatStandard No. 204’s specifiedperformance for steering controlrearward displacement is satisfied, evenin the absence of such standard.

NHTSA also believes that anotherimportant engineering considerationthat manufacturers take into account indesigning air-bag equipped vehicles isensuring that the air bags are not tooclose to the vehicle occupants. This isan important consideration because adeploying air bag can injure a personwho is sitting too close to the air bag.

The agency notes that the MotorVehicle Manufacturers Association(now called the American AutomobileManufacturers Association) wassufficiently concerned about the issue ofproper spacing between vehicleoccupants and air bags to petitionNHTSA to require a vehicle label thatwould, among other things, cautionpassengers not to sit unnecessarily closeto the point from which the air bag willbe deployed. As a result of this petition,the agency amended Standard No. 208


to require a label providing thisinformation. See 57 FR 59043,December 14, 1992, and 58 FR 46551,September 2, 1993.

The agency believes thatmanufacturers take account of this sameconcern in designing their air-bagequipped vehicles. Hence, theconsideration of ensuring that the driverair bag is not too close to the driver willlead manufacturers to limit rearwardmovement of the steering column in acrash, i.e., movement toward the driver,even in the absence of a regulation.

For the reasons discussed above,NHTSA has tentatively concluded thatthe requirements of Standard No. 204are unnecessary for vehicles which arecertified to comply with the frontalbarrier crash test requirements ofStandard No. 208 by means of air bags.The agency is accordingly proposing toexclude such vehicles from theapplicability of Standard No. 204.

The agency emphasizes that thereason for its tentative conclusion thatStandard No. 204 is unnecessary forthese vehicles is its belief, discussedabove, that the engineeringconsiderations that go into designing avehicle with air bags would ensure thatthe vehicle would have the sameperformance for steering controlrearward displacement as is currentlyrequired by Standard No. 204. NHTSAcontinues to believe in the importanceof limiting steering control rearwarddisplacement, and specifically requestscomments on its belief that StandardNo. 208’s air bag requirements willindirectly ensure this aspect of safetyperformance. Comments are specificallysought on whether a rescission of thisrequirement in Standard No. 204 couldlead to an increase in injuries of a typenot protected against in Standard No.208.

The agency is proposing an effectivedate of 30 days after publication of afinal rule. NHTSA believes that therewould be good cause for such aneffective date since the amendmentwould not impose any newrequirements but instead reducemanufacturers’ costs without anyadverse impact on safety.


Executive Order 12866 and DOTRegulatory Policies and Procedures

NHTSA has considered the impact ofthis rulemaking action under E.O. 12866and the Department of Transportation’sregulatory policies and procedures. Thisrulemaking document was not reviewedunder E.O. 12866, ‘‘Regulatory Planningand Review.’’ This action has beendetermined to be not ‘‘significant’’

under the Department ofTransportation’s regulatory policies andprocedures. NHTSA believes that therewould be no gain or loss of benefitsfrom Standards No. 204 as a result ofexcluding vehicles which are certifiedto comply with the frontal barrier crashtest requirements of Standard No. 208by means of air bags. This is because, forreasons discussed above, these vehicleswould continue to have the sameperformance with respect to steeringcontrol rearward displacement asvehicles without air bags. Manufacturerswould have minor, nonquantifiable costsavings as they would no longer have tocertify compliance with thisrequirement.

Regulatory Flexibility Act

NHTSA has also considered theimpacts of this notice under theRegulatory Flexibility Act. I herebycertify that this proposed rule would nothave a significant economic impact ona substantial number of small entities.The rule would not impose any newrequirements but would instead excludefrom the applicability of Standard No.204 those light vehicles that areequipped with air bags. The proposedrule, if made final, would likely resultin small, nonquantifiable cost savingsfor motor vehicle manufacturers sincethey would not need to certify thevehicles to Standard No. 204. The costsavings would be too small to have anysignificant impact on vehicle prices.Therefore, small businesses, smallorganizations and small governmentalunits which purchase motor vehicleswould not be significantly affected bythe proposed rule.

Paperwork Reduction Act

In accordance with the PaperworkReduction Act of 1980 (Pub. L. 96–511),there are no requirements forinformation collection associated withthis proposed rule.

National Environmental Policy Act

NHTSA has also analyzed thisproposed rule under the NationalEnvironmental Policy Act anddetermined that it would not have asignificant impact on the humanenvironment.

Executive Order 12612 (Federalism)

NHTSA has analyzed this proposal inaccordance with the principles andcriteria contained in E.O. 12612, andhas determined that this proposed rulewould not have significant federalismimplications to warrant the preparationof a Federalism Assessment.

Civil Justice Reform

This proposed rule would not haveany retroactive effect. Under 49 U.S.C.30103, whenever a Federal motorvehicle safety standard is in effect, aState may not adopt or maintain a safetystandard applicable to the same aspectof performance which is not identical tothe Federal standard, except to theextent that the state requirementimposes a higher level of performanceand applies only to vehicles procuredfor the State’s use. 49 U.S.C. 30161 setsforth a procedure for judicial review offinal rules establishing, amending orrevoking Federal motor vehicle safetystandards. That section does not requiresubmission of a petition forreconsideration or other administrativeproceedings before parties may file suitin court.

Submission of Comments

Interested persons are invited tosubmit comments on the proposal. It isrequested but not required that 10copies be submitted.


If a commenter wishes to submitcertain information under a claim ofconfidentiality, three copies of thecomplete submission, includingpurportedly confidential businessinformation, should be submitted to theChief Counsel, NHTSA, at the streetaddress given above, and seven copiesfrom which the purportedly confidentialinformation has been deleted should besubmitted to the Docket Section. Arequest for confidentiality should beaccompanied by a cover letter settingforth the information specified in theagency’s confidential businessinformation regulation. 49 CFR part 512.

All comments received before theclose of business on the commentclosing date indicated above for theproposal will be considered, and will beavailable for examination in the docketat the above address both before andafter that date. To the extent possible,comments filed after the closing datewill also be considered. Commentsreceived too late for consideration inregard to the final rule will beconsidered as suggestions for furtherrulemaking action. Comments on theproposal will be available for inspectionin the docket. The NHTSA will continueto file relevant information as itbecomes available in the docket after the


1 When used as a motor fuel, natural gas is storedon-board a vehicle in cylindrical containers at apressure of approximately 20,684 kPa (3,000 psi).Among the terms used to describe CNG fuelcontainers are tanks, containers, cylinders, and highpressure vessels. The agency will refer to them as‘‘containers’’ throughout this document.

closing date, and it is recommended thatinterested persons continue to examinethe docket for new material.



Imports, Motor vehicle safety, Motorvehicles, Rubber and rubber products,tires.

In consideration of the foregoing, 49CFR part 571 would be amended asfollows:


1. The authority citation for part 571would continue to read as follows:


2. Section 571.204 would be amendedby revising S2 to read as follows:

§ 571.204 Standard No. 204; Steeringcontrol rearward displacement.

* * * * *S2. Application. This standard

applies to passenger cars and tomultipurpose passenger vehicles,trucks, and buses. However it does notapply to vehicles that conform to thefrontal barrier crash protectionrequirement (S5.1) of Standard No. 208(49 CFR 571.208) by means of aninflatable restraint system. It also doesnot apply to walk-in vans.* * * * *

Issued on November 13, 1995.Barry Felrice,Associate Administrator for SafetyPerformance Standards.[FR Doc. 95–28351 Filed 11–15–95; 8:45 am]BILLING CODE 4910–59–P

49 CFR Part 571


RIN 2127–AF79

Federal Motor Vehicle SafetyStandards; Compressed Natural GasFuel Containers

AGENCY: National Highway TrafficSafety Administration (NHTSA),Department of Transportation (DOT).ACTION: Notice of proposed rulemaking.

SUMMARY: In response to a request by theAluminum Association, this document

proposes amending the specifications inFMVSS No. 304, Compressed NaturalGas Fuel Container Integrity, withrespect to CNG containers made withaluminum alloys. The proposedchanges, if adopted, would makeFMVSS No. 304 consistent with themost recent voluntary standard issuedby the aluminum industry.DATES: Comments must be received onor before January 2, 1996.ADDRESSES: Comments should refer tothe docket and notice numbers aboveand be submitted to: Docket Section,National Highway Traffic SafetyAdministration, 400 Seventh Street,S.W., Washington, D.C. 20590. Dockethours are 9:30 a.m. to 4 p.m., Mondaythrough Friday.FOR FURTHER INFORMATION CONTACT: Fornon-legal issues: Mr. Samuel Daniel,NPS–01.01, Special Projects Staff, Officeof Safety Performance Standards,National Highway Traffic SafetyAdministration, 400 Seventh Street,S.W., Washington, D.C. 20590(Telephone 202–366–4921) (FAX 202–366–4329).

For legal issues: Mr. Marvin L. Shaw,NCC–20, Rulemaking Division, Office ofChief Counsel, National Highway TrafficSafety Administration, 400 SeventhStreet, SW., Washington, D.C. 20590(Telephone 202–366–2992) (FAX 202–366–3820) ([email protected])


I. Final Rule Establishing FMVSS No.304

On September 26, 1994, NHTSApublished a final rule addressing thesafe performance of compressed naturalgas (CNG) containers 1 (59 FR 49010).The final rule established a new Federalmotor vehicle safety standard (FMVSS)FMVSS No. 304, Compressed NaturalGas Fuel Container Integrity. TheStandard specifies pressure cycling,burst, and bonfire tests for the purposeof ensuring the durability, initialstrength, and venting of CNG containers.In addition, the Standard specifieslabeling requirements for CNG fuelcontainers. FMVSS No. 304 took effecton March 27, 1995.

FMVSS No. 304 is patterned after theAmerican National Standards Institute’s(ANSI’s) voluntary industry standardknown as ANSI/NGV2. ANSI/NGV2 wasdeveloped by the Natural Gas Vehicle

Coalition. ANSI/NGV2 and FMVSS No.304 specify detailed material and otherrequirements for different types of CNGcontainers, including those made withaluminum alloys. For each type ofcontainer, ANSI/NGV2 and FMVSS No.304 specify a unique safety factor fordetermining the internal hydrostaticpressure that the container mustwithstand during the burst test. Inaddition, a container must meet theapplicable material and manufacturingrequirements as well as the burst test.

FMVSS No. 304 specifies certainmaterial and manufacturingcharacteristics for aluminum containersusing alloy 6010 and alloy 6061. Thematerial characteristics specify thepercentage of various elements,including magnesium, silicon, copper,and manganese. The specifications forthe two aluminum alloys listed inFMVSS No. 304 were patterned after thespecifications set forth in ANSI/NGV2.In establishing the specificationsapplicable to aluminum alloys, theNatural Gas Vehicle Coalition relied onthe Aluminum Association StandardsData document (Sixth Edition 1979).

On March 24, 1995, The AluminumAssociation, Inc. (TAAI) submitted aletter to NHTSA, requesting severalchanges be made to FMVSS No. 304,with respect to specifications foraluminum alloys 6010 and 6061 whichare used to make CNG fuel containers.TAAI stated that FMVSS No. 304 isinconsistent with the TAAI registeredlimits for materials used in these twoaluminum alloys. That organizationstated that because the 1979 document,on which the FMVSS No. 304composition tables are based, has beensuperseded several times in recentyears, the chemical compositions foraluminum alloys set forth in FMVSSNo. 304 do not reflect the currentcompositions for these alloys, asaccepted by the aluminum industry.TAAI provided a copy of the mostrecent document in which the industryaluminum alloy specifications arecontained: The Registration Record ofAluminum Association Designationsand Chemical Composition Limits forWrought Aluminum and WroughtAluminum Alloys (Revised December1993).

The discrepancies between the 1993Registration Record and FMVSS No. 304are as follows:Alloy 6010:

*Chromium is shown in FMVSS No.304 as an alloying element, asopposed to an impurity which it is,with a 0.05% minimum limit aswell as the proper maximum limitof 0.10%


2 The agency has already corrected themagnesium limits for alloy 6061 to the range of 0.80to 1.20, based on a typographical correctionprovided by the American Gas Association. Thiswas published on July 24 1995, as part of a finalrule on petitions for reconsideration on FMVSS No.304 (60 FR 37836).

*Limits are defined for both Bismuth(0.003% maximum) and lead(0.003% maximum). Theseindividual elements are properlycovered or included in ‘‘OthersEach’’ in TAAI’s registration.

*Magnesium, silicon, copper, andmanganese limits are shown to twodecimal places, instead of one, forlevels greater than 0.55%.

Alloy 6061*Magnesium limits are specified in

FMVSS No. 304 as 0.60 to 1.20%,as opposed to TAAI registeredlimits of 0.8 to 1.2%.

*Limits are defined for both bismuth(0.003%) and Lead (0.003%). Theseindividual elements are properlycovered in ‘‘Others Each’’ in TAAI’sregistration.

*Magnesium, silicon, and iron limitsare all properly covered to twodecimal places, instead of one, forlevels greater than 0.55%.

After reviewing the informationsupplied by TAAI, NHTSA has decidedto propose amending FMVSS No. 304with respect to the aluminum alloyspecifications for CNG containers. Theproposed changes, if adopted, wouldmake FMVSS No. 304 consistent withthe most recent aluminum industryspecifications for those materials.2 Theagency requests comments about theappropriateness and safety implicationsof adopting TAAI’s request.

Leadtime

The statute requires that each order(i.e., final rule) shall take effect nosooner than 180 days from the date theorder is issued unless good cause isshown that an earlier effective date is inthe public interest. NHTSA hastentatively concluded that there wouldbe good cause not to provide the 180day lead time given that thisamendment would have no adverseeffect on manufacturers. The proposalmerely proposes minor changes to thechemical compositions in FMVSS No.304. Based on the above, the agency hastentatively concluded that there is goodcause for an effective date 30 days afterpublication of the final rule. NHTSArequests comments about whether a 30day effective date is appropriate orwhether more lead time is necessary.


1. Executive Order 12866 (FederalRegulatory Planning and Review) andDOT Regulatory Policies and Procedures

This proposal was not reviewed underE.O. 12866. NHTSA has analyzed thisproposal and determined that it is not‘‘significant’’ within the meaning of theDepartment of Transportation’sregulatory policies and procedures. Afull regulatory evaluation is not requiredbecause the rule, if adopted, would haveno effect on costs or benefits, since theproposal adopts current industryspecifications. The aluminum alloys6010 and 6061 specified in FMVSS No.304 have a slightly differentcomposition than alloys manufacturedin accordance with currentspecifications for these materials. TAAIdid not identify any safety problemssuch as reduced strength, durability orresistance to environmental hazards thatmight result from this difference inaluminum specifications for CNGcontainers. The potential costs, benefits,and other impacts of not adopting thispetition cannot be quantified at thistime.

2. Regulatory Flexibility Act

In accordance with the RegulatoryFlexibility Act, NHTSA has evaluatedthe effects of this action on smallentities. Based upon this evaluation, Icertify that the proposed amendmentwould not have a significant economicimpact on a substantial number of smallentities. CNG container manufacturerstypically would not qualify as smallentities. Further, as noted above, theproposed changes would not have morethan a minimal impact on the costs orbenefits associated with FMVSS No.304. Accordingly, no regulatoryflexibility analysis has been prepared.

3. Executive Order 12612 (Federalism)

This action has been analyzed inaccordance with the principles andcriteria contained in Executive Order12612, and it has been determined thatthe proposed rule would not havesufficient Federalism implications towarrant preparation of a FederalismAssessment.

4. National Environmental Policy Act

Finally, the agency has considered theenvironmental implications of thisproposed rule in accordance with theNational Environmental Policy Act of1969 and determined that the proposedrule would not significantly affect thehuman environment.

5. Civil Justice Reform

This proposed rule would not haveany retroactive effect. Under section103(d) of the National Traffic and MotorVehicle Safety Act (49 U.S.C. 30111),whenever a Federal motor vehicle safetystandard is in effect, a state may notadopt or maintain a safety standardapplicable to the same aspect ofperformance which is not identical tothe Federal standard. Section 105 of theAct (49 U.S.C. 30161) sets forth aprocedure for judicial review of finalrules establishing, amending or revokingFederal motor vehicle safety standards.That section does not requiresubmission of a petition forreconsideration or other administrativeproceedings before parties may file suitin court.

Public Comments

Interested persons are invited tosubmit comments on the proposal. It isrequested but not required that 10copies be submitted.


If a commenter wishes to submitcertain information under a claim ofconfidentiality, three copies of thecomplete submission, includingpurportedly confidential businessinformation, should be submitted to theChief Counsel, NHTSA, at the streetaddress given above, and seven copiesfrom which the purportedly confidentialinformation has been deleted should besubmitted to the Docket Section. Arequest for confidentiality should beaccompanied by a cover letter settingforth the information specified in theagency’s confidential businessinformation regulation. 49 CFR Part 512.

All comments received before theclose of business on the commentclosing date indicated above for theproposal will be considered, and will beavailable for examination in the docketat the above address both before andafter that date. To the extent possible,comments filed after the closing datewill also be considered. Commentsreceived too late for consideration inregard to the final rule will beconsidered as suggestions for furtherrulemaking action. The NHTSA willcontinue to file relevant information asit becomes available in the docket afterthe closing date, and it is recommendedthat interested persons continue toexamine the docket for new material.




Imports, Motor vehicle safety, Motorvehicles, Rubber and rubber products,Tires.

In consideration of the foregoing, theagency proposes to amend Standard No.304, Compressed Natural Gas FuelContainer Integrity, in Title 49 of theCode of Federal Regulations at Part 571as follows:


1. The authority citation for Part 571would continue to read as follows:


2. Section 571.304 would be amendedby revising S5.2.2 to read as follows:

§ 571.304 Standard No. 304, CompressedNatural Gas Fuel Container Integrity* * * * *

S5.2.2 Aluminum containers andaluminum liners. (Type 1, Type 2 andType 3) shall be 6010 alloy, 6061 alloy,and T6 temper. The aluminum heatanalysis shall be in conformance withone of the following grades:

TABLE TWO.—ALUMINUM HEATANALYSIS

Grade ele-ment

6010 alloypercent

6061 alloypercent

Magnesium .. 0.6 to 1.0 ..... 0.8 to 1.2Silicon .......... 0.8 to 1.2 ..... 0.40 to 0.8Copper ......... 0.15 to 0.6 ... 0.15 to 0.40Chromium .... 0.10 max ...... 0.04 to 0.35Iron ............... 0.50 max ...... 0.7 maxTitanium ....... 0.10 max ...... 0.15 maxManganese .. 0.20 to 0.8 ... 0.15 maxZinc .............. 0.25 max ...... 0.25 maxOthers, Each

(1).0.05 max ...... 0.05 max

Others, Total(1) (2).

0.15 max ...... 0.15 max

Aluminummin.

Remainder ... Remainder

(a) ‘‘Others’’ includes listed elementsfor which no specific limit is shown as

well as unlisted metallic elements. Theproducer may analyze samples for traceelements not specified in theregistration or specification. However,such analysis is not required and maynot cover all metallic ‘‘other’’ elements.Should any analysis by the producer orpurchaser establish that an ‘‘others’’element exceeds the limit of ‘‘Each’’ orthat the aggregate of several ‘‘others’’elements exceeds the limit of ‘‘Total,’’the material shall be considered non-conforming.

(b) The sum of those ‘‘Others’’metallic elements 0.10 percent or moreeach, expressed to the second decimalbefore determining the sum.(Registration Record of AluminumAssociation Designations and ChemicalComposition Limits for WroughtAluminum and Wrought AluminumAlloys, The Aluminum Association, Inc.Rev. Dec. 1993)* * * * *

Issued on: November 13, 1995.Barry Felrice,Associate Administrator for SafetyPerformance Standards.[FR Doc. 95–28358 Filed 11–15–95; 8:45 am]BILLING CODE 4910–59–P

This section of the FEDERAL REGISTERcontains documents other than rules orproposed rules that are applicable to thepublic. Notices of hearings and investigations,committee meetings, agency decisions andrulings, delegations of authority, filing ofpetitions and applications and agencystatements of organization and functions areexamples of documents appearing in thissection.

Notices Federal Register

57570

Vol. 60, No. 221



Information Collection Submitted tothe Office of Management and Budgetfor Review Under the PaperworkReduction Act

November 9, 1995.The Department of Agriculture has

submitted the following informationcollection requirement(s) to OMB forreview and clearance under thePaperwork Reduction Act of 1995,Public Law 104–13. Commentsregarding these information collectionsare best assured of having their fulleffect if received within 30 days of thisnotification. Comments should beaddressed to: Desk Officer forAgriculture, Office of Information andRegulatory Affairs, Office ofManagement and Budget (OMB),Washington, D.C. 20503 and toDepartment Clearance Officer, USDA,OIRM, Ag Box 7630, Washington, D.C.20250–7630. Copies of thesubmission(s) may be obtained bycalling (202) 720–6204 or (202) 720–6746.

Consolidated Farm Services Agency• Title: 7 CFR 719—Eminent Domain

Acquisitions: Reallocating Allotments,Quotas, and Acreage Bases.

Summary: The AgriculturalAdjustment Act of 1938 as amendedprovides for pooling allotments for anycommodity for any land from which theowner is displaced because ofacquisition of land by any federal, stateor local agency having right of eminentdomain.

Need and Use of the Information: Thecollection of information is necessary todetermine eligibility for programbenefits. The forms are used to establishthe record of the producer’s pooledallotments or bases, and to request atransfer of the pooled allotments orbases to other owned land.

Description of Respondents: Farms.Number of Respondents: 3,000.

Frequency of Responses: Reporting—On occasion.

Total Burden Hours: 3,000.Emergency processing of this

submission has been requested byNovember 13, 1995.

• Title: Payment Limitation andDetermination of Eligibility of ForeignIndividuals or Entities to ReceiveProgram Benefits—7 CFR parts 795,1497, and 1498.

Summary: Regulation require an‘‘actively engaged in farming’’ statusdetermination be made for individualsor entities with respect to a particularfarming operation in order for them tobe considered a person eligible forprogram payments, from Price SupportPrograms, Production Adjustments, andConservation Reserve Programs.

Need and Use of the Information:Information is needed so maximumpayment eligibility can be determinedfor the Price Support ProductionAdjustments and Conservation ReservePrograms. The information collectedwill be used to determine eligibility andfor general statistical purposes.

Description of Respondents: Farms;State, Local or Tribal Government.

Number of Respondents: 356,800.Frequency of Responses: Reporting—

Annually.Total Burden Hours: 307,985.Emergency processing of this

submission has been requested byNovember 14, 1995.Donald Hulcher,Deputy Departmental Clearance Officer.[FR Doc. 95–28322 Filed 11–15–95; 8:45 am]BILLING CODE 3410–01–M


[Docket No. 95–076–1]

Plant Genetic Systems (America), Inc.;Receipt of Petition for Determination ofNonregulated Status for CornGenetically Engineered for MaleSterility and Glufosinate HerbicideTolerance as a Marker

AGENCY: Animal and Plant HealthInspection Service, USDA.ACTION: Notice.

SUMMARY: We are advising the publicthat the Animal and Plant HealthInspection Service has received apetition from Plant Genetic Systems

(America), Inc., seeking a determinationof nonregulated status for a corn linedesignated as event MS3 that has beengenetically engineered for male sterilityand tolerance to the herbicideglufosinate as a marker. The petition hasbeen submitted in accordance with ourregulations concerning the introductionof certain genetically engineeredorganisms and products. In accordancewith those regulations, we are solicitingpublic comments on whether this cornline presents a plant pest risk.DATES: Written comments must bereceived on or before January 16, 1996.ADDRESSES: Please send an original andthree copies of your comments toDocket No. 95–076–1, RegulatoryAnalysis and Development, PPD,APHIS, Suite 3C03, 4700 River RoadUnit 118, Riverdale, MD 20737–1238.Please state that your comments refer toDocket No. 95–076–1. A copy of thepetition and any comments receivedmay be inspected at USDA, room 1141,South Building, 14th Street andIndependence Avenue SW.,Washington, DC, between 8 a.m. and4:30 p.m., Monday through Friday,except holidays. Persons wishing accessto that room to inspect the petition orcomments are asked to call in advanceof visiting at (202) 690–2817.FOR FURTHER INFORMATION CONTACT: Dr.James White, Team Leader,Biotechnology Permits, BBEP, APHIS,Suite 5B05, 4700 River Road Unit 147,Riverdale, MD 20737–1237; (301) 734–7612. To obtain a copy of the petition,contact Ms. Kay Peterson at (301) 734–7612.SUPPLEMENTARY INFORMATION: Theregulations in 7 CFR part 340,‘‘Introduction of Organisms andProducts Altered or Produced ThroughGenetic Engineering Which Are PlantPests or Which There Is Reason toBelieve Are Plant Pests,’’ regulate,among other things, the introduction(importation, interstate movement, orrelease into the environment) oforganisms and products altered orproduced through genetic engineeringthat are plant pests or that there isreason to believe are plant pests. Suchgenetically engineered organisms andproducts are considered ‘‘regulatedarticles.’’

The regulations in § 340.6(a) providethat any person may submit a petitionto the Animal and Plant HealthInspection Service (APHIS) seeking a

57571Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Notices

determination that an article should notbe regulated under 7 CFR part 340.Paragraphs (b) and (c) of § 340.6describe the form that a petition fordetermination of nonregulated statusmust take and the information that mustbe included in the petition.

On August 16, 1995, APHIS receiveda petition (APHIS Petition No. 95–228–01p) from Plant Genetic Systems(America), Inc., (PGS) of Des Moines,IA, requesting a determination ofnonregulated status under 7 CFR part340 for a male sterile, glufosinatetolerant corn line designated astransformation event MS3 (event MS3).The PGS petition states that corn eventMS3 should not be regulated by APHISbecause it does not present a plant pestrisk.

As described in the petition, cornevent MS3 has been geneticallyengineered with a gene from Bacillusamyloliquefaciens encoding aribonuclease called barnase, whichinhibits pollen formation and results inmale sterility of the transformed plants.Corn event MS3 also contains the bargene isolated from the bacteriumStreptomyces hygroscopicus thatencodes a phosphinothricinacetyltransferase (PAT) enzyme, which,when introduced into a plant cell,inactivates glufosinate. Linkage of thebarnase gene, which induces malesterility, with the bar gene, a glufosinatetolerance gene used as a marker, enablesidentification of the male sterile linebefore the plant begins to flower. EventMS3 was transformed via immatureembryo electroporation in yellow dentcorn material. Expression of theintroduced genes is controlled in part bythe P35S promoter derived from theplant pathogen cauliflower mosaic virusand the 3’nos sequence from the plantpathogen Agrobacterium tumefaciens.

PGS’ corn event MS3 is currentlyconsidered a regulated article under theregulations in 7 CFR part 340 because itcontains the above-mentioned genesequences derived from plantpathogenic sources. The subject cornline has been evaluated in field trialsconducted since 1992 under APHISpermits or notifications. In the processof reviewing the applications for fieldtrials of the corn event MS3, APHISdetermined that the trials, which wereconducted under conditions ofreproductive and physical containmentor isolation, would not present a risk ofplant pest introduction ordissemination.

In the Federal Plant Pest Act, asamended (7 U.S.C. 150aa et seq.), ‘‘plantpest’’ is defined as ‘‘any living stage of:Any insects, mites, nematodes, slugs,snails, protozoa, or other invertebrate

animals, bacteria, fungi, other parasiticplants or reproductive parts thereof,viruses, or any organisms similar to orallied with any of the foregoing, or anyinfectious substances, which candirectly or indirectly injure or causedisease or damage in any plants or partsthereof, or any processed, manufacturedor other products of plants.’’ APHISviews this definition very broadly. Thedefinition covers direct or indirectinjury, disease, or damage not just toagricultural crops, but also to plants ingeneral, for example, native species, aswell as to organisms that may bebeneficial to plants, for example,honeybees, rhizobia, etc.

The U.S. Environmental ProtectionAgency (EPA) is responsible for theregulation of pesticides under theFederal Insecticide, Fungicide, andRodenticide Act (FIFRA), as amended (7U.S.C. 136 et seq.). FIFRA requires thatall pesticides, including herbicides, beregistered prior to distribution or sale,unless exempt by EPA regulation. Incases in which the genetically modifiedplants allow for a new use of anherbicide or involve a different usepattern for the herbicide, the EPA mustapprove the new or different use. Inconducting such an approval, the EPAconsiders the possibility of adverseeffects to human health and theenvironment from the use of thisherbicide. When the use of the herbicideon the genetically modified plant wouldresult in an increase in the residues ofthe herbicide in a food or feed crop forwhich the herbicide is currentlyregistered, or in new residues in a cropfor which the herbicide is not currentlyregistered, establishment of a newtolerance or a revision of the existingtolerance would be required. Residuetolerances for pesticides are establishedby the EPA under the Federal Food,Drug and Cosmetic Act (FFDCA) (21U.S.C. 201 et seq.), and the Food andDrug Administration (FDA) enforcestolerances set by the EPA under theFFDCA.

The FDA published a statement ofpolicy on foods derived from new plantvarieties in the Federal Register on May29, 1992 (57 FR 22984–23005). The FDAstatement of policy includes adiscussion of the FDA’s authority forensuring food safety under the FFDCA,and provides guidance to industry onthe scientific considerations associatedwith the development of foods derivedfrom new plant varieties, includingthose plants developed through thetechniques of genetic engineering.

In accordance with § 340.6(d) of theregulations, we are publishing thisnotice to inform the public that APHISwill accept written comments regarding

the Petition for Determination ofNonregulated Status from any interestedperson for a period of 60 days from thedate of this notice. The petition and anycomments received are available forpublic review, and copies of the petitionmay be ordered (see the ADDRESSESsection of this notice).

After the comment period closes,APHIS will review the data submittedby the petitioner, all written commentsreceived during the comment period,and any other relevant information.Based on the available information,APHIS will furnish a response to thepetitioner, either approving the petitionin whole or in part, or denying thepetition. APHIS will then publish anotice in the Federal Registerannouncing the regulatory status ofPGS’ corn event MS3 and theavailability of APHIS’ written decision.

Authority: 7 U.S.C. 150aa–150jj, 151–167,and 1622n; 31 U.S.C. 9701; 7 CFR 2.17, 2.51,and 371.2(c).


Forest Service

Wild and Scenic River Suitability Studyfor the South Platte River and theNorth Fork of the South Platte River inDouglas, Jefferson, and Park Counties,CO

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare alegislative environmental impactstatement.

SUMMARY: The USDA, Forest Servicewill prepare a wild and scenic riverstudy report and legislativeenvironmental impact statement (LEIS)to address the suitability of sections ofthe South Platte River and the NorthFork of the South Platte River primarilywithin the Pike National Forest inDouglas, Jefferson, and Park counties,Colorado, for inclusion into the NationalWild and Scenic Rivers System. TheForest Service invites written commentsand suggestions on the management ofthese river sections and the scope of thisanalysis. The agency gives notice of thefull environmental analysis anddecision making process that will occurin this study so that interested andaffected people are aware of how theymay participate and contribute to thefinal recommendation to Congress.

57572 Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Notices

DATES: Comments concerning the studyof these rivers should be received byMay 31, 1996. Send written commentsand suggestions concerning themanagement of this river to Rick D.Cables, Forest Supervisor, Pike and SanIsabel National Forests, Cimarron andComanche National Grasslands, 1920Valley Drive, Pueblo, Colorado 81008.FOR FURTHER INFORMATION CONTACT:Questions about the proposed actionand draft LEIS should be directed toSteve Davis, Wild and Scenic RiverPlanning Team Leader, Pike and SanIsabel National Forests, Cimarron andComanche National Grasslands, 1920Valley Drive, Pueblo, Colorado 81008;telephone (719) 585–3714.SUPPLEMENTARY INFORMATION: The ForestService is studying these rivers asrequired under Section 5(d)(1) of theWild and Scenic Rivers Act of 1968(Pub. L. 90–542, 82 Stat. 906, asamended; 16 U.S.C. 1271–1287). Section5(d)(1) allows for the study of newpotential wild and scenic rivers notdesignated under Section 3(a) ordesignated for study under Section 5(a)of the Act. Section 5(d)(1) states ‘‘In allplanning for the use and development ofwater and related land resources,consideration shall be given by allFederal agencies involved to potentialnational, wild, scenic, and recreationalriver areas’’. The study will consider a22.8-mile segment of the South PlatteRiver from below Elevenmile Dam to thehigh water line of Cheeseman Reservoir,a 23-mile segment of the South PlatteRiver from below Cheeseman Dam tothe high water line of Strontia SpringsReservoir, and a 23.1-mile segment ofthe North Fork of the South Platte Riverfrom the upstream boundary of theBerger property, near Insmont,downstream to its confluence with theSouth Platte River, to include landswithin 1⁄4 mile from each stream bank.Preliminary alternatives include a wildand scenic designation for each segmentfor the length of the proposal, and anunsuitable for designation alternative.Other appropriate alternatives may beconsidered.

Rick D. Cables, Forest Supervisor,Pike and San Isabel National Forests,Comanche and Cimmarron NationalGrasslands is the responsible official forpreparing the suitability study. DanGlickman, Secretary of Agriculture, U.S.Department of Agriculture, Room 200–A, Administration Building,Washington, DC 20250, is theresponsible official forrecommendations for wild and scenicriver designation.

Public participation is especiallyimportant at several points in the study

process. The first point is the scopingprocess (40 CFR 1501.7). The ForestService is seeking informationcomments, and assistance from Federal,State, and local agencies, individualsand organizations who may beinterested in or affected by the proposedaction. The public input will be used inpreparation of the draft LEIS.

The draft LEIS is expected to be filedwith the Environmental ProtectionAgency (EPA), and available for publicreview by October, 1996. At that time,the EPA will publish a notice ofavailability of the draft LEIS in theFederal Register.

The comment period on the draft LEISwill be 90 days from the date the EPA’snotice of availability appears in theFederal Register. It is very importantthat those interested in the managementof this river participate at that time. Tobe the most helpful, comments on thedraft LEIS should be as specific aspossible, and may address the adequacyof the statement or the merits of thealternatives discussed (see The Councilon Environmental Quality Regulationsfor implementing the proceduralprovisions of the NationalEnvironmental Policy Act, 40 CFR1503.3). In addition, Federal courtdecisions have established thatreviewers of draft LEIS must structuretheir participation in the environmentalreview of the proposal so that it ismeaningful and alerts an agency to thereviewers’ position and contentions.Vermont Yankee Nuclear Power Corp. v.NRDC, 435 U.S. 519, 553 (1978). Also,environmental objections that could beraised at the draft LEIS stage but that arenot raised until after completion of thefinal LEIS may be waived or dismissedby the courts. City of Angoon v. Hodel,803 F.2d 1016, 1022 (9th Cir. 1988) andWisconsin Heritages, Inc. v. Harris, 490F. Supp. 1334, 1338 (E.D. Wis. 1980).The reason for this is to ensure thatsubstantive comments and objectionsare made available to the Forest Serviceat a time when it can meaningfullyconsider them and respond to them inthe final environmental impactstatement.

After the comment period ends on thedraft LEIS, comments will be analyzedand considered by the Forest Service inpreparing the final LEIS. In the finalLEIS, the Forest Service will respond tocomments received (40 CFR 1503.4).The final LEIS is scheduled to becompleted by the end of October 1997.The Secretary will consider thecomments, responses, and consequencesdiscussed in the LEIS, applicable laws,regulations, and policies in making arecommendation to the Presidentregarding the suitability of these river

segments for inclusion into the NationalWild and Scenic Rivers System. Thefinal decision on inclusion of a river inthe National Wild and Scenic RiversSystem rests with the Congress of theUnited States.

Dated: November 9, 1995.Tom L. Thompson,Deputy Regional Forester.[FR Doc. 95–28319 Filed 11–15–95; 8:45 am]BILLING CODE 3410–11–M

DEPARTMENT OF COMMERCE

Bureau of the Census

1996 Integrated CoverageMeasurement (ICM) Address ListingActivities

AGENCY: Bureau of the Census,Commerce.ACTION: Proposed agency informationcollection activity; comment request.

SUMMARY: The Department ofCommerce, as part of its continuingeffort to reduce paperwork andrespondent burden, invites the generalpublic and other Federal agencies totake this opportunity to comment onproposed and/or continuing informationcollections, as required by thePaperwork Reduction Act of 1995,Public Law 104–13 (44 U.S.C.3506(c)(2)(A)).DATES: Written comments must besubmitted on or before January 16, 1996.ADDRESSES: Direct all written commentsto Gerald Tache, Departmental FormsClearance Officer, Department ofCommerce, Room 5327, 14th andConstitution Avenue, NW, Washington,DC 20230.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the information collectioninstrument(s) and instructions shouldbe directed to David C. Whitford,Bureau of the Census, Room 3771,Washington, DC 20233, (301) 457–4035.


I. AbstractThe Bureau of the Census developed

the ICM approach for measuringcoverage during the decennial census.The Independent Listing will obtain acomplete housing unit inventory of alladdresses within the 1996 ICM test areajust before the 1996 test censuscommences. There will be twoIndependent Listing forms, DT–1302and DT–1302A. The DT–1302 willcontain experimental questionsdesigned to enhance our address listingprocedures. We will compare the results


using Form DT–1302 with those from acontrol listing form that did not containthe experimental questions, Form DT–1302A, to see if the experimentalquestions improved our coverage ofaddresses. For quality assurancepurposes, a sample of each block will beadvance listed (by observation) in theQuality Assurance Advance ListingBook, DT–1314. This quality assurancelisting will not impose any respondentburden.

The listings will be matched to thecensus list of addresses; the unmatchedcases will be sent to the field forreconciliation using the Housing UnitFollow-up Form, DT–1377. For qualityassurance purposes, a sample of thefollow-up cases will be verified toensure that the follow-up enumeratorsvisit the block clusters, resolve thecases, and correctly followedprocedures. The resultant addresslisting will be used in the next phase ofthe ICM, the ICM Person Interview.

As part of our evaluationrequirements, we will perform anindependent rematch and reconciliationof a sample of the housing unitaddresses. The quality assurance andevaluation operations will be conductedusing the same form, DT–1377.

II. Method of CollectionPerson to person interview.

III. DataOMB Number: Not available.Form Number: DT–1302 and DT–

1302A, Independent Listing Forms; DT-1314, Quality Assurance AdvanceListing Book; and DT–1377, HousingUnit Follow-up Form.

Type of Review: Regular.Affected Public: Individuals or

households.Estimated Number of Respondents:

10,000 Housing units.Estimated Time Per Response: 2

minutes (Independent Listing) and 5minutes (Housing Unit Followup).

Estimated Total Annual BurdenHours: Total = 494 Hours. Independent

Listing = 333 hours (2 minutes × 10,000housing units); the Housing UnitFollowup = 83 hours, (5 minutes × 1,000housing units); the Housing UnitFollow-up Quality Assurance = 41hours (5 minutes × 487 housing units);and the Housing Unit Follow-upEvaluation = 37 hours (5 minutes × 446housing units).

Estimated Total Annual Cost:$289,749.

IV. Request for CommentsComments are invited on: (a) Whether

the proposed collection of informationis necessary for the proper performanceof the functions of the agency, includingwhether the information shall havepractical utility; (b) the accuracy of theagency’s estimate of the burden(including hours and cost) of theproposed collection of information; (c)ways to enhance the quality, utility, andclarity of the information to becollected; and (d) ways to minimize theburden of the collection of informationon respondents, including through theuse of automated collection techniquesor other forms of informationtechnology.

Comments submitted in response tothis notice will be summarized and/orincluded in the request for OMBapproval of this information collection;they also will become a matter of publicrecord.

Dated: November 9, 1995.

Gerald Tache,Departmental Forms Clearance Officer, Officeof Management and Organization.[FR Doc. 95–28352 Filed 11–15–95; 8:45 am]BILLING CODE 3510–07–P

International Trade Administration

Initiation of Antidumping andCountervailing Duty AdministrativeReviews

AGENCY: Import Administration,International Trade Administration,Department of Commerce.

ACTION: Notice of initiation ofantidumping and countervailing dutyadministrative reviews.

SUMMARY: The Department of Commerce(the Department) has received requeststo conduct administrative reviews ofvarious antidumping and countervailingduty orders and findings with Octoberanniversary dates. In accordance withthe Department’s regulations, we areinitiating those administrative reviews.

EFFECTIVE DATE: November 16, 1995.

FOR FURTHER INFORMATION CONTACT:Holly A. Kuga, Office of AntidumpingCompliance, Import Administration,International Trade Administration,U.S. Department of Commerce, 14thStreet and Constitution Avenue, N.W.,Washington, D.C. 20230, telephone:(202) 482–4737.


Background

The Department has received timelyrequests, in accordance with 19 C.F.R.353.22(a) and 355.22(a) (1994), foradministrative reviews of variousantidumping and countervailing dutyorders and findings with Octoberanniversary dates.

Initiation of Reviews

In accordance with sections 19 C.F.R.353.22(c) and 355.22(c), we areinitiating administrative reviews of thefollowing antidumping andcountervailing duty orders and findings.The Department is not initiating anadministrative review of any exportersand/or producers who were not namedin a review request because suchexporters and/or producers were notspecified as required under § 353.22(a)(19 CFR 353.22(a)). We intend to issuethe final results of these reviews notlater than October 31, 1996.

Period to be reviewed

Antidumping Duty ProceedingsItaly:

Pressure Sensitive Plastic Tape, A–475–0593M Italia S.p.A. .......................................................................................................................................................... 10/10/94–09/30/95

Japan:Tapered Roller Bearings, Four Inches or Less, and Certain Components Thereof, A–588–054

Koyo Seiko Co., Ltd., Honda Motor Co., Ltd., Fuji Heavy Industries, Kawasaki Heavy Industries, Yamaha MotorCo., Ltd., Nigata Convertor Co., Ltd., Suzuki Motor Co., Toyosha Co., Ltd ........................................................ 10/01/94–09/30/95

Tapered Roller Bearing, Over Four Finished and Unfinished, and Parts Thereof, A–588–604Koyo Seiko Co., Ltd., Honda Motor Co., Ltd., Fuji Heavy Industries, Kawasaki Heavy Industries, Yamaha Motor

Co., Ltd., Nigata Convertor Co., Ltd., Suzuki Motor Co., Toyosha Co., Ltd, NTN Corporation, Nittetsu Bolton,Showa Seiko Co., Ltd., Ichiyanagi Tekko, Sumikin Seiatsu ................................................................................. 10/01/94–09/30/95


Period to be reviewed

Malaysia:Extruded Rubber Thread, A–557–805

Heveafil Sdn. Bhd., Filmax Sdn. Bhd., Rubberflex Sdn. Bhd., Filati Lastex Elastofibre, Rubfil Sdn. Bhd .............. 10/01/94–09/30/95The People’s Republic of China:

CDIW Fittings and Glands, A–570–820Star Pipe Products, Inc ............................................................................................................................................. 09/01/94–08/31/95

The People’s Republic of China:Helical Spring Lock Washers, A–570–822

Hangzhou Spring Washer Plant ................................................................................................................................ 10/01/94–09/30/95

Countervailing Duty ProceedingsBrazil:

Certain Agricultural Tillage Tools, C–351–406Marchesan Implementos Argicolas, S.A. .................................................................................................................. 01/01/94–12/31/95

India:Certain Iron-Metal Castings, C–533–063

Calcutta Ferrous, Carnation Enterprise Pvt. Ltd., Commex Corporation, Crescent Foundry Co. Pvt. Ltd., DeltaEnterprises, Dinesh Bros., Kajaria Iron Castings Pvt. Ltd., Kejriwal Iron & Steel Works, Nandikeshwari IronFoundry Pvt. Ltd., Orissa Metal Industries, R.B. Agarwalla & Company, R.B. Agarwalla & Co. Pvt. Ltd., RSILimited, Serampore Industries Pvt. Ltd., Shree Ram Enterprise, Shree Uma Foundries, Siko Exports, SuperIron Foundry, Uma Iron & Steel, Victory Castings Ltd .......................................................................................... 01/01/94–12/31/94

Sweden:Certain Carbon Steel Products, C–401–401

SSAB Svenskt Stal AB .............................................................................................................................................. 01/01/94–12/31/94

Suspension AgreementsKazakhstan:

Uranium, A–834–802 ........................................................................................................................................................ 10/01/94–09/30/95Krygzstan:

Uranium, A–835–802 ........................................................................................................................................................ 10/01/94–09/30/95Russia:

Uranium, A–821–802 ........................................................................................................................................................ 10/01/94–09/30/95Uzbekistan:

Uranium, A–844–802 ........................................................................................................................................................ 10/01/94–09/30/95

* This case was inadvertently omitted from the previous initiation notice.

Interested parties must submitapplications for disclosure underadministrative protective orders inaccordance with 19 CFR 353.34(b) and355.34(b).

These initiations and this notice arein accordance with section 751(a) of theTariff Act of 1930, as amended (19U.S.C. 1675(a)) and 19 CFR 353.22(c)(1)and 355.22(c)(1).

Dated: November 9, 1995.Joseph A. Spetrini,Deputy Assistant Secretary for Compliance.[FR Doc. 95–28452 Filed 11–15–95; 8:45 am]BILLING CODE 3510–DS–M

COMMITTEE FOR THEIMPLEMENTATION OF TEXTILEAGREEMENTS

Announcement of Import RestraintLimits for Certain Wool and Man-MadeFiber Textile Products Produced orManufactured in the Czech Republic

November 9, 1995.

AGENCY: Committee for theImplementation of Textile Agreements(CITA).

ACTION: Issuing a directive to theCommissioner of Customs establishinglimits.

EFFECTIVE DATE: January 1, 1996.FOR FURTHER INFORMATION CONTACT:Naomi Freeman, International TradeSpecialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212. For information on thequota status of these limits, refer to theQuota Status Reports posted on thebulletin boards of each Customs portorcall (202) 927–5850. For informationon embargoes and quota re-openings,call (202) 482–3715.SUPPLEMENTARY INFORMATION:

Authority: Executive Order 11651 of March3, 1972, as amended; section 204 of theAgricultural Act of 1956, as amended (7U.S.C. 1854).

The import restraint limits for textileproducts, produced or manufactured inthe Czech Republic and exported duringthe period January 1, 1996 throughDecember 31, 1996 are based on limitsnotified to the Textiles Monitoring Bodypursuant to the Uruguay RoundAgreements Act and the Uruguay RoundAgreement on Textiles and Clothing(ATC).

In the letter published below, theChairman of CITA directs the

Commissioner of Customs to establishthe 1996 limits.

A description of the textile andapparel categories in terms of HTSnumbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994).Information regarding the 1996CORRELATION will be published in theFederal Register at a later date.

The letter to the Commissioner ofCustoms and the actions taken pursuantto it are not designed to implement allof the provisions of the Uruguay RoundAgreements Act and the ATC, but aredesigned to assist only in theimplementation of certain of theirprovisions.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.

Committee for the Implementation of TextileAgreementsNovember 9, 1995.Commissioner of Customs,Department of the Treasury, Washington, DC

20229.Dear Commissioner: Pursuant to section

204 of the Agricultural Act of 1956, asamended (7 U.S.C. 1854), the Uruguay Round


Agreements Act and the Uruguay RoundAgreement on Textiles and Clothing (ATC);and in accordance with the provisions ofExecutive Order 11651 of March 3, 1972, asamended, you are directed to prohibit,effective on January 1, 1996, entry into theUnited States for consumption andwithdrawal from warehouse for consumptionof wool and man-made fiber textile productsin the following categories, produced ormanufactured in the Czech Republic andexported during the twelve-month periodbeginning on January 1, 1996 and extendingthrough December 31, 1996, in excess of thefollowing limits:

Category Twelve-month restraint limit

410 ................. 1,546,704 square meters.433 ................. 6,074 dozen.435 ................. 3,997 dozen.443 ................. 74,051 numbers.624 ................. 1,794,108 square meters.

Imports charged to these category limits forthe period January 1, 1995 through December31, 1995 shall be charged against those levelsof restraint to the extent of any unfilledbalances. In the event the limits establishedfor that period have been exhausted byprevious entries, such goods shall be subjectto the levels set forth in this directive.

The limits set forth above are subject toadjustment in the future pursuant to theprovisions of the Uruguay Round AgreementsAct, the ATC and any administrativearrangements notified to the TextilesMonitoring Body.

In carrying out the above directions, theCommissioner of Customs should construeentry into the United States for consumptionto include entry for consumption into theCommonwealth of Puerto Rico.

The Committee for the Implementation ofTextile Agreements has determined thatthese actions fall within the foreign affairsexception of the rulemaking provisions of 5U.S.C. 553(a)(1).

Sincerely,D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.[FR Doc. 95–28355 Filed 11–15–95; 8:45 am]BILLING CODE 3510–DR–F

Adjustment of Import Limits for CertainCotton, Wool, Man-Made Fiber, SilkBlend and Other Vegetable FiberTextile Products Produced orManufactured in Macau

November 9, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Issuing a directive to theCommissioner of Customs increasinglimits.

EFFECTIVE DATE: November 16, 1995.FOR FURTHER INFORMATION CONTACT:Helen L. LeGrande, International TradeSpecialist, Office of Textiles and

Apparel, U.S. Department of Commerce,(202) 482–4212. For information on thequota status of these limits, refer to theQuota Status Reports posted on thebulletin boards of each Customs port orcall (202) 927–6709. For information onembargoes and quota re-openings, call(202) 482–3715.

SUPPLEMENTARY INFORMATION:Authority: Executive Order 11651 of March

3, 1972, as amended; section 204 of theAgricultural Act of 1956, as amended (7U.S.C. 1854).

The current limits for certaincategories are being increased forcarryforward.

A description of the textile andapparel categories in terms of HTSnumbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994). Alsosee 60 FR 17331, published on April 5,1995.

The letter to the Commissioner ofCustoms and the actions taken pursuantto it are not designed to implement allof the provisions of the Uruguay RoundAgreements Act and the Uruguay RoundAgreement on Textiles and Clothing, butare designed to assist only in theimplementation of certain of theirprovisions.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.


20229.Dear Commissioner: This directive

amends, but does not cancel, the directiveissued to you on March 30, 1995, by theChairman, Committee for the Implementationof Textile Agreements. That directiveconcerns imports of certain cotton, wool,man-made fiber, silk blend and othervegetable fiber textile products, produced ormanufactured in Macau and exported duringthe twelve-month period which began onJanuary 1, 1995 and extends throughDecember 31, 1995.

Effective on November 16, 1995, you aredirected to amend further the directive datedMarch 30, 1995 to adjust the limits for thefollowing categories, as provided for underthe terms of the Uruguay Round AgreementsAct and the Uruguay Round Agreement onTextiles and Clothing:

Category Adjusted twelve-monthlimit 1

Levels in Group I333/334/335/833/

834/835.245,472 dozen of

which not more than119,802 dozen shallbe in Categories333/335/833/835.

336/836 .................... 59,955 dozen.338 ........................... 316,237 dozen.339 ........................... 1,317,536 dozen.340 ........................... 308,948 dozen.347/348/847 ............. 744,530 dozen.351/851 .................... 69,690 dozen.359–C/659–C 2 ........ 382,152 kilograms.359–V 3 .................... 115,829 kilograms.633/634/635 ............. 544,213 dozen.638/639/838 ............. 1,669,200 dozen.642/842 .................... 120,657 dozen.647/648 .................... 549,495 dozen.Sublevel in Group II445/446 .................... 96,430 dozen.

1 The limits have not been adjusted to ac-count for any imports exported after December31, 1994.

2 Category 359–C: only HTS numbers6103.42.2025, 6103.49.8034, 6104.62.1020,6104.69.8010, 6114.20.0048, 6114.20.0052,6203.42.2010, 6203.42.2090, 6204.62.2010,6211.32.0010, 6211.32.0025 and6211.42.0010; Category 659–C: only HTSnumbers 6103.23.0055, 6103.43.2020,6103.43.2025, 6103.49.2000, 6103.49.8038,6104.63.1020, 6104.63.1030, 6104.69.1000,6104.69.8014, 6114.30.3044, 6114.30.3054,6203.43.2010, 6203.43.2090, 6203.49.1010,6203.49.1090, 6204.63.1510, 6204.69.1010,6210.10.9010, 6211.33.0010, 6211.33.0017and 6211.43.0010.

3 Category 359–V: only HTS numbers6103.19.2030, 6103.19.9030, 6104.12.0040,6104.19.8040, 6110.20.1022, 6110.20.1024,6110.20.2030, 6110.20.2035, 6110.90.9044,6110.90.9046, 6201.92.2010, 6202.92.2020,6203.19.1030, 6203.19.9030, 6204.12.0040,6204.19.8040, 6211.32.0070 and6211.42.0070.

The Committee for the Implementation ofTextile Agreements has determined thatthese actions fall within the foreign affairsexception to the rulemaking provisions of 5U.S.C. 553(a)(1).


Adjustment of Import Limits for CertainCotton and Man-Made Fiber TextileProducts Produced of Manufactured inThailand

November 9, 1995.AGENCY: Committee for theImplementation of Textile Agreements(CITA).ACTION: Issuing a directive to theCommissioner of Customs increasinglimits.

EFFECTIVE DATE: November 16, 1995.


FOR FURTHER INFORMATION CONTACT: RossArnold, International Trade Specialist,Office of Textiles and Apparel, U.S.Department of Commerce, (202) 482–4212. For information on the quotastatus of these limits, refer to the QuotaStatus Reports posted on the bulletinboards of of each Customs port or call(202) 927–6717. For information onembargoes and quota re-openings, call(202) 482–3715.SUPPLEMENTARY INFORMATION:

Authority: Executive Order 11651 of March3, 1972, as amended; section 204 of theAgricultural Act of 1956, as amended (7U.S.C. 1854).

The current limits for certaincategories are being increased forcarryover.

A description of the textile andapparel categories in terms of HTSnumbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994). Alsosee 60 FR 17337, published on April 5,1995.

The letter to the Commissioner ofCustoms and the actions taken pursuantto it are not designed to implement allof the provisions of the Uruguay RoundAgreements Act and the Uruguay RoundAgreement on Textiles and Clothing, butare designed to assist only in theimplementation of certain of theirprovisions.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.


20229.Dear Commissioner: This directive

amends, but does not cancel, the directiveissued to you on March 30, 1995, by theChairman, Committee for the Implementationof Textile Agreements. That directiveconcerns imports of certain cotton, wool,man-made fiber, silk blend and othervegetable fiber textiles and textile products,produced or manufactured in Thailand andexported during the twelve-month periodwhich began on January 1, 1995 and extendsthrough December 31, 1995.

Effective on November 16, 1995, you aredirected to increase the limits for thefollowing categories, as provided for underthe Uruguay Round Agreements Act and theUruguay Round Agreement on Textiles andClothing:


239 ........................... 5,080,404 kilograms.


Levels in Group I218 ........................... 17,174,292 square

meters.219 ........................... 5,656,164 square me-

ters.300 ........................... 4,242,123 kilograms.301–P 2 .................... 4,242,123 kilograms.301–O 3 .................... 848,425 kilograms.314 ........................... 41,980,800 square

meters.317/326 .................... 11,872,560 square

meters.369–S 4 .................... 282,808 kilograms.607 ........................... 2,779,293 kilograms.613/614/615 ............. 40,800,842 square

meters of which notmore than24,503,389 squaremeters shall be inCategory 614 andnot more than22,633,511 squaremeters shall be inCategories 613/615).

617 ........................... 15,434,328 squaremeters.

620 ........................... 6,363,184 square me-ters.

625/626/627/628/629 12,466,188 squaremeters of which notmore than 9,898,286square meters shallbe in Category 625.

669–P 5 .................... 5,964,655 kilograms.

1 The limits have not been adjusted to ac-count for any imports exported after December31, 1994.

2 Category 301–P: only HTS numbers5206.21.0000, 5206.22.0000, 5206.23.0000,5206.24.0000, 5206.25.0000, 5206.41.0000,5206.42.0000, 5206.43.0000, 5206.44.0000and 5206.45.0000.

3 Category 301–O: only HTS numbers5205.21.0000, 5205.22.0000, 5205.23.0000,5205.24.0000, 5205.25.0000, 5205.41.0000,5205.42.0000, 5205.43.0000, 5205.44.0000and 5205.45.0000.

4 Category 369–S: only HTS number6307.10.2005.

5 Category 669–P: only HTS numbers6305.31.0010, 6305.31.0020 and6305.39.0000.

The Committee for the Implementation ofTextile Agreements has determined thatthese actions fall within the foreign affairsexception to the rulemaking provisions of 5U.S.C.553(a)(1).Sincerely,D. Michael Hutchinson,Acting Chairman, Committee for theImplementatin of Textile Agreements.[FR Doc.95–28354 Filed 11–15–95; 8:45 am]BILLING CODE 3510–DR–F

Announcement of Import Limits forCertain Cotton, Wool, and Man-MadeFiber Textile Products Produced orManufactured in the Republic ofTurkey

November 9, 1995.

AGENCY: Committee for theImplementation of Textile Agreements(CITA).

ACTION: Issuing a directive to theCommissioner of Customs establishinglimits.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT:Naomi Freeman, International TradeSpecialist, Office of Textiles andApparel, U.S. Department of Commerce,(202) 482–4212. For information on thequota status of these limits, refer to theQuota Status Reports posted on thebulletin boards of each Customs port orcall (202) 927–6718. For information onembargoes and quota re-openings, call(202) 482–3715.

SUPPLEMENTARY INFORMATION:Authority: Executive Order 11651 of March

3, 1972, as amended; section 204 of theAgricultural Act of 1956, as amended (7U.S.C. 1854).

The import restraint limits for textileproducts, produced or manufactured inTurkey and exported during the periodJanuary 1, 1996 through December 31,1996 are based on limits notified to theTextiles Monitoring Body pursuant tothe Uruguay Round Agreements Act andthe Uruguay Round Agreement onTextiles and Clothing (ATC).

In the letter published below, theChairman of CITA directs theCommissioner of Customs to establishthe 1996 limits. The 1996 limits forCategories 338/339/638/639, 338–S/339–S/638–S/639–S, 350 and 351/651have been reduced for carryforwardused in 1995.

A description of the textile andapparel categories in terms of HTSnumbers is available in theCORRELATION: Textile and ApparelCategories with the Harmonized TariffSchedule of the United States (seeFederal Register notice 59 FR 65531,published on December 20, 1994).Information regarding the 1996CORRELATION will be published in theFederal Register at a later date.

The letter to the Commissioner ofCustoms and the actions taken pursuantto it are not designed to implement allof the provisions of the Uruguay RoundAgreements Act and the ATC, but aredesigned to assist only in the


implementation of certain of theirprovisions.D. Michael Hutchinson,Acting Chairman, Committee for theImplementation of Textile Agreements.


20229.Dear Commissioner: Pursuant to section

204 of the Agricultural Act of 1956, asamended (7 U.S.C. 1854), the Uruguay RoundAgreements Act, the Uruguay RoundAgreement on Textiles and Clothing (ATC)and the Memorandum of Understandingdated July 19, 1995 between theGovernments of the United States and theRepublic of Turkey; and in accordance withthe provisions of Executive Order 11651 ofMarch 3, 1972, as amended, you are directedto prohibit, effective on January 1, 1996,entry into the United States for consumptionand withdrawal from warehouse forconsumption of cotton, wool and man-madefiber textile products in the followingcategories, produced or manufactured inTurkey and exported during the twelve-month period beginning on January 1, 1996and extending through December 31, 1996, inexcess of the following limits:

Category Twelve-month restraintlimit

Fabric Group219, 313, 314, 315,

317, 326, 617,625/626/627/628/629, as a group.

151,245,814 squaremeters of which notmore than34,562,752 squaremeters shall be in219; 42,243,363square meters shallbe in 313; 24,577,957square meters shallbe in 314; 33,026,631square meters shallbe in 315; 34,562,752square meters shallbe in 317; 3,840,305square meters shallbe in 326; 23,041,836square meters shallbe in 617.

Sublevel in FabricGroup

625/626/627/628/629.

15,559,001 square me-ters of which notmore than 6,223,600square meters shallbe in 625; 6,223,600square meters shallbe in 626; 6,223,600square meters shallbe in 627; 6,223,600square meters shallbe in 628; and6,223,600 squaremeters shall be in629.

Limits not in group200 ......................... 1,458,336 kilograms.300/301 .................. 7,100,535 kilograms.

Category Twelve-month restraintlimit

335 ......................... 306,579 dozen.336/636 .................. 722,164 dozen.338/339/638/639 .... 4,244,264 dozen of

which not more than3,183,198 dozenshall be in Categories338–S/339–S/638–S/639–S 1.

340/640 .................. 1,416,425 dozen ofwhich not more than402,850 dozen shallbe in shirts madefrom fabric of two ormore colors in thewarp and/or the fillingin Categories 340–Y/640–Y 2.

341/641 .................. 1,398,786 dozen ofwhich not more than489,575 dozen shallbe in blouses madefrom fabric of two ormore colors in thewarp and/or the fillingin Categories 341–Y/641–Y 3.

342/642 .................. 803,919 dozen.347/348 .................. 4,373,865 dozen of

which not more than1,521,420 dozenshall be in trousers inCategories 347–T/348–T 4.

350 ......................... 430,368 dozen.351/651 .................. 688,085 dozen.352/652 .................. 2,332,000 dozen.361 ......................... 1,532,897 numbers.369–S 5 .................. 1,584,724 kilograms.410/624 .................. 1,075,430 square me-

ters of which notmore than 695,866square meters shallbe in Category 410.

448 ......................... 36,902 dozen.604 ......................... 1,829,236 kilograms.611 ......................... 45,761,766 square me-

ters.

1 Category 338–S: only HTS numbers6103.22.0050, 6105.10.0010, 6105.10.0030,6105.90.8010, 6109.10.0027, 6110.20.1025,6110.20.2040, 6110.20.2065, 6110.90.9068,6112.11.0030 and 6114.20.0005; Category339–S: only HTS numbers 6104.22.0060,6104.29.2049, 6106.10.0010, 6106.10.0030,6106.90.2510, 6106.90.3010, 6109.10.0070,6110.20.1030, 6110.20.2045, 6110.20.2075,6110.90.9070, 6112.11.0040, 6114.20.0010and 6117.90.9020; Category 638–S: all HTSnumbers except 6109.90.1007, 6109.90.1009,6109.90.1013 and 6109.90.1025; Category639–S: all HTS numbers except6109.90.1050, 6109.90.1060, 6109.90.1065and 6109.90.1070.

2 Category 340–Y: only HTS numbers6205.20.2015, 6205.20.2020, 6205.20.2046,6205.20.2050 and 6205.20.2060; Category640–Y: only HTS numbers 6205.30.2010,6205.30.2020, 6205.30.2050 and6205.30.2060.

3 Category 341–Y: only HTS numbers6204.22.3060, 6206.30.3010, 6206.30.3030and 6211.42.0054; Category 641–Y: only HTSnumbers 6204.23.0050, 6204.29.2030,6206.40.3010 and 6206.40.3025.

4 Category 347–T: only HTS numbers6103.19.2015, 6103.19.9020, 6103.22.0030,6103.42.1020, 6103.42.1040, 6103.49.8010,6112.11.0050, 6113.00.9038, 6203.19.1020,6203.19.9020, 6203.22.3020, 6203.42.4005,6203.42.4010, 6203.42.4015, 6203.42.4025,6203.42.4035, 6203.42.4045, 6203.49.8020,6210.40.9033, 6211.20.1520, 6211.20.3810and 6211.32.0040; Category 348–T: only HTSnumbers 6104.12.0030, 6104.19.8030,6104.22.0040, 6104.29.2034, 6104.62.2010,6104.62.2025, 6104.69.8022, 6112.11.0060,6113.00.9042, 6117.90.9060, 6204.12.0030,6204.19.8030, 6204.22.3040, 6204.29.4034,6204.62.3000, 6204.62.4005, 6204.62.4010,6204.62.4020, 6204.62.4030, 6204.62.4040,6204.62.4050, 6204.69.6010, 6204.69.9010,6210.50.9060, 6211.20.1550, 6211.20.6810,6211.42.0030 and 6217.90.9050.

5 Category 369–S: only HTS number6307.10.2005.

Imports charged to these category limits forthe periods January 1, 1995 throughDecember 31, 1995 and March 28, 1995through December 31, 1995 (Categories 352/652) shall be charged against those levels ofrestraint to the extent of any unfilledbalances. In the event the limits establishedfor those periods have been exhausted byprevious entries, such goods shall be subjectto the levels set forth in this directive.

The limits set forth above are subject toadjustments in the future pursuant to theUruguay Round Agreements Act, the ATCand any administrative arrangements notifiedto the Textiles Monitoring Body.

In carrying out the above directions, theCommissioner of Customs should construeentry into the United States for consumptionto include entry for consumption into theCommonwealth of Puerto Rico.

The Committee for the Implementation ofTextile Agreements has determined thatthese actions fall within the foreign affairsexception of the rulemaking provisions of 5U.S.C. 553(a)(1).


CONSUMER PRODUCT SAFETYCOMMISSION

[CPSC Docket No. 96–C0001]

J.B.I., Inc., a Corporation; ProvisionalAcceptance of a Settlement Agreementand Order

AGENCY: Consumer Product SafetyCommission.ACTION: Provisional acceptance of asettlement agreement under theConsumer Product Safety Act.

SUMMARY: It is the policy of theCommission to publish settlementswhich it provisionally accepts under theConsumer Product Safety Act in theFederal Register in accordance with theterms of 16 CFR 1118.20(e)-(h).Published below is a provisionally-


accepted Settlement Agreement withJ.B.I., Inc., a corporation.DATES: Any interested person may askthe Commission not to accept thisagreement or otherwise comment on itscontents by filing a written request withthe Office of the Secretary by December1, 1995.ADDRESSES: Persons wishing tocomment on this Settlement Agreementshould send written comments to theComment 96-C0001, Office of theSecretary, Consumer Product SafetyCommission, Washington, D.C. 20207.FOR FURTHER INFORMATION CONTACT:Ronald G. Yelenik, Trial Attorney,Office of Compliance and Enforcement,Consumer Product Safety Commission,Washington, D.C. 20207; telephone(301) 504–0626.SUPPLEMENTARY INFORMATION: The text ofthe Agreement and Order appearsbelow.

Dated: November 8, 1995.Sadye E. Dunn,Secretary.

Settlement Agreement and Order1. J.B.I., Inc. (‘‘J.B.I.’’ or

‘‘Respondent’’) enters into thisSettlement Agreement and Order withthe staff of the Consumer Product SafetyCommission pursuant to the proceduresset forth in section 1118.20 of theCommission’s Procedures forInvestigations, Inspections, andInquiries under the Consumer ProductSafety Act (‘‘CPSA’’), 16 CFR 1118.20.

The Parties2. The ‘‘Staff’’ is the staff of the

Consumer Product Safety Commission(‘‘the Commission’’ or ‘‘CPSC’’), anindependent regulatory agency of theUnited States government responsiblefor the enforcement of the CPSA, 15U.S.C. 2051 et seq.

3. Respondent J.B.I. is a corporationorganized and existing under the laws ofthe state of California with its principalcorporate offices located in Long Beach,California.

Staff AllegationsThe Staff contends, as set forth in

paragraphs 4 through 9, that:4. Between 1982 and 1987, J.B.I.

manufactured approximately 1,200units of Tug-N-Turn playgroundequipment exclusively for and togetherwith a fast food restaurant operator. TheTug-N-Turns were installed at the fastfood restaurants nationwide. J.B.I. is a‘‘manufacturer’’ of the Tug-N-Turns asthat term is defined in section 3(a)(4) ofthe CPSA, 15 U.S.C. 2052(a)(4).

5. The Tug-N-Turn is a ride designedand intended for use by children. A

child can spin the ride by turning thesteering wheel, or an individual cancause the ride to spin by pushing it fromthe outside. The Tug-N-Turn is a‘‘consumer product’’ which was‘‘distributed in commerce’’ as thoseterms are defined in sections 3(a) (1)and (11) of the CPSA, 15 U.S.C. 2052(a)(1) and (11).

6. The Tug-N-Turn created anunreasonable risk of serious injury orcontained a defect which could create asubstantial product hazard in thathardware protruded from the stationarycenter column of the unit, creating thepossibility that children’s shoe laces orpants cuffs could become entangled,causing serious injury. In cooperationwith the CPSA staff investigation, J.B.I.voluntarily produced informationshowing that it became aware ofapproximately 70 reports of injuriesbetween 1982 and 1991 involving theTug-N-Turn, at least 40 of whichallegedly were fractured legs or ankles.

7. On or about November 24, 1982,J.B.I. first became aware of an injuryinvolving a Tug-N-Turn.

8. Both prior to and during the periodin which J.B.I. received notice ofinjuries involving Tug-N-Turns, J.B.I.voluntarily attempted, without success,to remedy the protruding hardwareproblem.

9. Although J.B.I. obtained sufficientinformation to reasonably support theconclusion that the Tug-N-Turns,described in paragraphs five and sixabove, contained a defect which couldcreate a substantial product hazard, orcreated an unreasonable risk of seriousinjury, it failed to report suchinformation to the Commission asrequired by section 15(b) of the CPSA,15 U.S.C. 2064(b). This is a knowingviolation of section 15(b) of the CPSA,is a violation of section 19(a)(4) of theCPSA, 15 U.S.C. 2068(a)(4), and subjectsRespondents to civil penalties undersection 20 of the CPSA, 15 U.S.C. 2069.

Response of J.B.I.J.B.I. contends, as set forth in

paragraphs 10 through 14, that:10. The Tug-N-Turn does not contain

a defect which creates or which couldcreate a substantial product hazard orcreate an unreasonable risk of seriousinjury within the meaning of section 15of the CPSA, 15 U.S.C. 2064.

11. The leg and ankle injuriesreported to J.B.I. were sustained on Tug-N-Turns that were improperly installedor maintained, and where originalhardware was substituted. As a result ofimproper installation or maintenance,children’s clothing became entangled onhardware that protruded from the centercolumn.

12. J.B.I. is unaware of any instancewhere a child was injured on a properlyinstalled and maintained Tug-N-Turnunit as a result of clothing becomingentangled on hardware. A Tug-N-Turnthat is properly installed andmaintained neither creates a substantialproduct hazard nor an unreasonable riskof serious injury.

13. Between 1982 and 1991, J.B.I.voluntarily took significant actions toensure proper installation of the Tug-N-Turn units, including the disseminationof Safety Notices, Warning Labels, andultimately a Removal/Retrofit program.

14. Prior to receiving a letter from theCPSC in January 1992, J.B.I. wasunaware of the reporting provisions ofthe CPSA. J.B.I. never ‘‘knowingly’’failed to report to the Commissionunder section 15(b) of the CPSA, 15U.S.C. § 2064(b), with respect to theseTug-N-Turn units.

Agreement of the Parties15. The Commission has jurisdiction

over this matter under the ConsumerProduct Safety Act (CPSA), 15 U.S.C.2051 et seq.

16. This Settlement Agreement andOrder becomes effective only upon itsfinal acceptance by the Commission andservice of the incorporated Order uponRespondent.

17. J.B.I. waives any rights it mayhave (1) to an administrative or judicialhearing with respect to theCommission’s claim for a civil penalty,(2) to judicial review or other challengeor contest of the validity of theCommission’s action with regard to itsclaim for a civil penalty, (3) to adetermination by the Commission as towhether a violation of Section 15(b) ofthe CPSA, 15 U.S.C. 2064(b), hasoccurred, (4) to a statement of findingsof fact and conclusions of law withregard to the Commission’s claim for acivil penalty, and (5) to any claimsunder the Equal Access to Justice Act,28 U.S.C. 2412.

18. For purposes of section 6(b) of theCPSA, 15 U.S.C. 2055(b), this mattershall be treated as if a complaint hadissued, and the Commission maypublicize the terms of the SettlementAgreement and Order, as stated herein.

19. No agreement, understanding,representation, or interpretation notcontained in this Settlement Agreementand Order may be used to vary or tocontradict its terms.

20. The provisions of this SettlementAgreement and Order shall apply toJ.B.I. and its successors and assigns.

21. J.B.I. shall inform the Commissionif it learns of any additional Tug-N-Turnincidents not previously reported to theCommission or information indicating


that any Tug-N-Turns in use are stillcapable of turning.

22. J.B.I. shall not contest a UnitedStates government subpoena for J.B.I.representatives to testify at a trialrelated to the Tug-N-Turn in any courtin the United States. The governmentwill provide fees and allowances to anysubpoenaed witness in accordance with28 U.S.C. 1821.

23. Upon provisional acceptance ofthis Settlement Agreement and Order bythe Commission, the Commission shallplace this Agreement and Order on thepublic record and publish it in theFederal Register in accordance with theprocedures set forth in 16 CFR1118.20(e)-(h). If the Commission doesnot to accept the Settlement Agreementand Order within 15 days of suchpublication, the Agreement and Ordershall be deemed finally accepted andthe Final Order shall issue on the 16thday.

24. Upon final acceptance of thisSettlement Agreement and Order, theCommission shall issue the attachedOrder.

25. A violation of the Order shallsubject the parties to appropriate legalaction.

J.B.I. Inc.Jay Buchbinder,President, J.B.I., Inc.The Consumer Product Safety CommissionEric A. Rubel,General Counsel.David Schmeltzer,Associate Executive Director, Office ofCompliance and Enforcement.Eric L. Stone,Acting Director, Division of AdministrativeLitigation, Office of Compliance andEnforcement.

Dated: February 1, 1995.Ronald G. Yelenik,Trial Attorney, Division of AdministrativeLitigation, Office of Compliance andEnforcement.

Dated: February 1, 1995.Jayme Rizzolo Epstein,Attorney, Office of General Counsel.

OrderUpon consideration of the Settlement

Agreement between the staff andRespondent, and it appearing theSettlement Agreement is in the publicinterest, it is

Ordered, that the SettlementAgreement be and hereby is accepted, asindicated below; and it is

Further ordered, that Respondentupon final acceptance of the SettlementAgreement, shall pay to the U.S.Treasury a civil penalty in the amountof two hundred twenty five thousand

dollars ($225,000), within twenty (20)days after service of this Final Order.

Provisionally accepted and ProvisionalOrder issued on the 8th day of November,1995.

By Order of the Commission.Sadye E. Dunn,Secretary, Consumer Product SafetyCommission.[FR Doc. 95–28347 Filed 11–15–95; 8:45 am]BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Department of the Navy

Notice of Intent To Prepare anEnvironmental Impact Statement forConstruction and Operational ChangesAssociated With Realignment of F/A–18 Aircraft to Naval Air Station Oceana,Virginia Beach, VA From Naval AirStation, Cecil Field, FL

Pursuant to Section 102(2)(c) of theNational Environmental Policy Act(NEPA) of 1969, as implemented by theCouncil on Environmental Qualityregulations (40 CFR Parts 1500–1508),the Department of the Navy announcesits intent to prepare an EnvironmentalImpact Statement (EIS) to evaluate thepotential environmental consequencesof the realignment of F/A–18 aircraftand their associated personnel to NavalAir Station (NAS) Oceana, located inVirginia Beach, Virginia. This action isbeing conducted in accordance with theDefense Base Closure and RealignmentAct of 1990 (Pub. L. 101–510), asimplemented during 1995.

In accordance with congressionaldirection implementing the 1995recommendations of the Defense BaseClosure and Realignment Commission(BRAC 95), the Navy will close NASCecil Field, Florida, and realign F/A–18aircraft, personnel, and ancillaryactivities associated with the existingF/A–18 aircraft, personnel, andancillary activities associated with theexisting F/A–18 missions. F/A–18 assetsfrom NAS Cecil Field will be distributedto support the Navy’s operationalmission by use of existing infrastructureand capacity, elimination of substantialnew construction, and maintenance ofoperational flexibility for deployment.For BRAC 95, two F/A–18 reservesquadrons are proposed to be sent toNAS Atlanta for integration with NavalReserve Forces and two operationalsquadrons are proposed to be sent toMCAS Beaufort to establish jointoperations capability with existingMarine Corps F/A–18 assets. These twomoves will be addressed in separateNEPA documentation. The remainder of

F/A–18 assets (up to ten squadrons) areproposed to be sent to NAS Oceana andis the subject of this EIS. The move toNAS Oceana includes approximately175 aircraft, 3,600 military personnel,and 200 civilians. In order toaccommodate this realignment,approximately 200,000 square feet ofnew/existing facilities will beconstructed or modified. In addition,the realignment will result in a greaterlevel of aircraft operations at NASOceana, at Naval Auxiliary LandingField (NALF) Fentress, located inChesapeake, Virginia, and withinvarious aircraft training ranges andwarning areas in and adjacent toVirginia and eastern North Carolina,including Dare County, BT–9 (BrantIsland Shoal), and BT–11 (Piney Island).

The Navy intends to analyze thepotential impacts of the realignment onthe natural environment, including butnot limited to air quality, plant andanimal habitats, and water resources,such as streams and wetlands. It willalso evaluate potential effects to thebuilt environment, including land usepatterns, cultural resources,transportation, housing, communityservices, and the regional economy.Further, the Navy will be preparinganalyses of the projected operations ofthe incoming F/A–18 aircraft on theexisting airspace range structure inVirginia and eastern North Carolina, andon aircraft noise exposure levels in andaround NAS Oceana and NALF,Fentress, and training areas in Virginiaand North Carolina.

In accordance with the Clean Air Act,as amended in 1990 (42 U.S.C. 7401–7661q), as implemented by theEnvironmental Protection AgencyRegulations on Determining Conformityof General Federal Actions to Federal orState Implementation Plans (40 CFRParts 6, 53, and 93), the Navy willconduct a conformity review, assessingwhether total direct and indirect airemissions associated with therealignment are consistent or incompliance with all relevantrequirements and milestones containedin the relevant State ImplementationPlan (SIP). All required public commentperiods, hearings and notices associatedwith the conformity review will beconducted concurrently with thoseassociated with the EIS.

The Navy will initiate a scopingprocess for the purpose of determiningthe scope of significant issues to beaddressed in the EIS related to theproposed action. The Navy will holdfive public scoping meetings on thefollowing dates: December 5, 1995beginning at 7 p.m. at the CarteretCounty Courthouse, Courthouse Square,


U.S. Route 70, Beaufort, North Carolina28516; December 6, 1995 beginning at 7p.m. at the Pamlico County Courthouse,NC Highway 55 (near NC Highway 304),Bayboro, North Carolina 28515;December 7, 1995 beginning at 7 p.m. atthe North Carolina Aquarium andMarine Resources Center, MainAuditorium, Airport Road (adjacent tothe Dare County Airport), Manteo, NorthCarolina 27954; December 12, 1995beginning at 7 p.m. at the SeatackElementary School, Main Auditorium,411 Birdneck Circle, Virginia Beach,Virginia 23454; and December 13, 1995beginning at 7 p.m. at the Butts RoadIntermediate School Gymnatorium,1571 Mount Pleasant Road, Chesapeake,Virginia 23322.

Following a presentation on the EISprocess and the Navy’s proposed action,Navy representatives will be available atthese meetings to receive commentsfrom agencies and the public regardingissues of concern. It is important thatfederal, state, and local agencies andinterested persons take this opportunityto identify environmental concerns thatshould be addressed in the EIS. In orderto ensure adequate time for thosewishing to make public comments,speakers will be limited to five minutes.

Agencies and the public are alsoinvited and encouraged to providewritten comments in addition to, or inlieu of, oral comments at the scopingmeeting. To be most helpful, scopingcomments should clearly describe thespecific issues or topics that thecommenter believes the EIS shouldaddress. Please mail written commentsno later than January 5, 1996 to:Commander, Atlantic Division, NavalFacilities Engineering Command, 1510Gilbert Street, Norfolk, Virginia 23511,Attn: Code 2032DC (Mr. Dan Cecchini),telephone (804) 322–4891, fax (804)322–4894.

Dated: November 13, 1995.M.A. Waters,LCDR, JAGC, USN, Federal Register LiaisonOfficer.[FR Doc. 95–28299 Filed 11–15–95; 8:45 am]BILLING CODE 3810–77–M

DEPARTMENT OF EDUCATION

National Educational Research Policyand Priorities Board; Meeting

AGENCY: National Educational ResearchPolicy and Priorities Board; Education.ACTION: Notice of closed meeting byteleconference.

SUMMARY: This notice sets forth theschedule and proposed agenda of aforthcoming meeting of the Executive

Committee of the National EducationalResearch Policy and Priorities Board.Notice of this meeting is required underSection 10(a)(2) of the Federal AdvisoryCommittee Act. This document isintended to notify the general public ofthe meeting.DATE: November 21, 1995.TIMES: 11 a.m. to noon.LOCATION: Room 604e, 555 New JerseyAve., NW., Washington, DC.FOR FURTHER INFORMATION CONTACT: JohnChristensen, Designated FederalOfficial, Office of Educational Researchand Improvement, 555 New Jersey Ave.,NW., Washington, DC 20208–7579.Telephone: (202) 219–2065. Internet:[email protected] INFORMATION: TheNational Educational Research Policyand Priorities Board is authorized bySection 921 of the EducationalResearch, Development, Dissemination,and Improvement Act of 1994. TheBoard works collaboratively with theAssistant Secretary for the Office ofEducational Research and Improvementto forge a national consensus withrespect to a long-term agenda foreducational research, development, anddissemination, and to provide adviceand assistance to the Assistant Secretaryin administering the duties of the Office.

The meeting of the ExecutiveCommittee is closed to the public underthe authority of Section 10(d) of theFederal Advisory Committee Act (Pub.L. 92–463; 5 U.S.C. Appendix 2) andunder exemption (6) of Section 552b(c)of the Government in the Sunshine Act(Pub. L 94–409; 5 U.S.C. 552b(c)(6)).The committee will discuss candidatesfor the position of executive directorand touch upon matters that woulddisclose information of a personalnature where disclosure wouldconstitute a clearly unwarrantedinvasion of personal privacy ifconducted in open session. The meetingwill be closed under the authority ofSection 10(d) of the Federal AdvisoryCommittee Act (Pub. L. 92–463; 5 U.S.C.Appendix 2) and under exemptions (2)and (6) of Section 552b(c) of theGovernment in the Sunshine Act Pub. L.94–409; 5 U.S.C. 552b(c). The ExecutiveCommittee will consider matters thatrelate solely to the internal rules andpractices of the Board and personalqualifications and experience ofpotential candidates for the position ofexecutive director, matters that woulddisclose information of a personalnature where disclosure wouldconstitute a clearly unwarrantedinvasion of personal privacy ifconducted in open session.

A summary of the activities at theclosed session and related matterswhich are informative to the publicconsistent with the policy of Title 5U.S.C. 552b(c) will be available to thepublic within 14 days of the meeting.

The public is being given less than therequired 15 days’ notice because of thedifficulty in accommodating theschedules of all members of theExecutive Committee, which mustcomplete its recommendations prior tothe next full Board meeting onNovember 30.

Records are kept of all Boardproceedings, and are available for publicinspection at the office of the NationalEducational Research Policy andPriorities Board, 555 New Jersey Ave.,NW., Washington, DC 20208–7564.

Dated: November 9, 1995.Sharon P. Robinson,Assistant Secretary.[FR Doc. 95–28252 Filed 11–15–95; 8:45 am]BILLING CODE 4000–01–M

DEPARTMENT OF ENERGY

Federal Energy RegulatoryCommission

[FERC Docket No. CP95–35–000 and PRPBDocket No. 94–62–1219–JPM]

EcoElectrica, L.P., Notice ofAvailability of the Draft EnvironmentalImpact Statement/PreliminaryEnvironmental Impact Statement forthe Proposed EcoElectrica LNG ImportTerminal and Cogeneration Project inGuayanilla, Puerto Rico

November 9, 1995.The staff of the Federal Energy

Regulatory Commission (FERC) and thePuerto Rico Planning Board (PRPB) haveprepared this joint draft environmentalimpact statement/preliminaryenvironmental impact statement (DEIS/PEIS) on the natural gas facilitiesproposed by EcoElectrica, L.P.(EcoElectrica) in the above dockets.

The joint EIS was prepared to satisfythe requirements of the NationalEnvironmental Policy Act and PuertoRico’s law requiring an EIS under thePuerto Rico Environmental QualityBoard Regulations (Article 4[c] of lawNo. 9). The FERC and PRPB believe,subject to public comment, thatapproval of the proposed project, withappropriate mitigation measuresincluding receipt of necessary permitsand approvals, would have limitedadverse environmental impact. The jointEIS evaluates alternatives to theproposal.


1 The ‘‘to the party addressed’’ letter in the EISstated that comments must be received byDecember 18, 1995. However, we are extending thisdate to December 26, 1995.

The joint EIS assesses the potentialenvironmental effects of theconstruction and operation of theproposed EcoElectrica LNG ImportTerminal and Cogeneration Project,which includes the following facilities:

• A marine terminal for unloadingliquified natural gas (LNG) tankers, two1,000,000-barrel LNG storage tanks, anLNG vaporization system, and a naturalgas accumulator pipeline.

• A 461-megawatt electriccogeneration facility that would use thevaporized LNG as a fuel source. Thepower plant facility would consist oftwo gas turbines fueled by natural gasand one steam generator. The gasturbines could also use propane (LPG)as a secondary fuel and number 2 oil asan emergency fuel.

• A desalination facility that couldgenerate up to 4,000,000 gallons ofpotable water per day. The multistageflash system would use the surplus heatfrom power production to producefreshwater. The power plant wouldrequire up to 1,000,000 gallons per dayfor operating needs. The surplus wouldbe sold for public use.

• Other facilities necessary foroperation of the cogeneration facilityinclude a 2.3-mile-long, 230-kilovolttransmission line connecting the plantsubstation to an existing Puerto RicoElectric Power Authority (PREPA)substation; a 1.1-mile-long, 8-inch-diameter natural gas pipeline to thePREPA power plant; a 3.5-mile-long, 10-inch-diameter pipeline to supply LGP tothe cogeneration facility; and a 1.2-mile-long, 8-inch-diameter water pipeline toconnect to an existing offsite watersupply or to outside delivery systems.

The joint EIS has been placed in thepublic files of the FERC and is availablefor public inspection at:Public Reference and Files Maintenance

Branch, 888 First Street, NE.,Washington, DC 20426–1119, (202)208–1371

Puerto Rico Planning Board, P.O. Box41119, Santurce, Puerto Rico 00940,(809) 727–4444Copies have been mailed to Federal,

commonwealth and local agencies,public interest groups, interestedindividuals, public libraries,newspapers, and parties to thisproceeding.

A limited number of copies of thejoint EIS are available from either:Mr. Chris Zerby, Federal Energy

Regulatory Commission, FERC EISProject Manager, Office of PipelineRegulation, Room 7312, 825 NorthCapitol Street, NE., Washington, DC20426, (202) 208–0111.

Mrs. Marıa Gordillo, Puerto RicoPlanning Board, PRPB EIS Project

Manager, P.O. Box 41119, Santurce,Puerto Rico 00940–1119, (809) 727–4444Any person wishing to comment on

the joint EIS may do so. Writtencomments must reference FERC DocketNo. CP95-35–000 and PRPB Docket No.94–62–1219–JPM. Comments should beaddressed to:Secretary of the Commission, 888 First

Street, NE., Washington, DC 20426Luis Frıas, Secretary, Secretary PRPB,

P.O. Box 41119, Santurce, P.R. 00940–1119Comments should be filed as soon as

possible, but must be received no laterthan December 26, 1995,1 to ensureconsideration prior to a FERC or PRPBdecision on this proposal. A copy of anycomments should also be sent to Mr.Chris Zerby, FERC EIS Project Manager,or Mrs. Marıa Gordillo, PRPB EISProject Manager at the above addresses.

Comments will be considered by theFERC and PRPB but will not serve tomake the commentor a party to theproceeding. Any person seeking tobecome a party to the proceeding mustfile a motion to intervene pursuant toRule 214 of the FERC’s Rules of Practiceand Procedure (18 CFR 385.214).

In addition to asking for writtencomments, we invite you to attend anyof the joint public meetings the FERCand PRPB will conduct to solicitcomments on the draft EIS. Thelocations and times for these meetingsare listed below.

The public meetings will be designedto give you more detailed informationand another opportunity to offer yourcomments on the proposed project.Those wanting to speak at the meetingscan call the EIS Project Manager topreregister their names on the speakerlist. Those people on the speaker listbefore the date of the meeting will beallowed to speak first. A second speakerlist will be developed at each meeting.Priority will be given to peoplerepresenting groups. A transcript ofeach meeting will be made so that yourcomments will be accurately recorded.This transcript will be available in bothSpanish and English.

Schedule for Joint EIS Public ScopingMeetingsDecember 11, 1995 (10:00 am)

San Juan, Puerto Rico, Puerto RicoPlanning Board, Minillas Building,14th floor

December 12, 1995 (10:00 am)Penuelas, Puerto Rico, Alcaldia

(Municipal Building)December 13, 1995 (10:00 am)

Guayanilla, Puerto Rico, CentroCultural Maria Arzola

Additional information about thisproject is available from Mr. ChrisZerby, FERC EIS Project Manager, at(202) 208–0111. Information concerningthe involvement of the Puerto RicoPlanning Board can be obtained fromMrs. Marıa Gordillo, PRPB EIS ProjectManager at (809) 727–4444.Lois D. Cashell,Secretary.[FR Doc. 95–28286 Filed 11–15–95; 8:45 am]BILLING CODE 6717–01–M

[Docket No. RP96–36–000]

CNG Transmission Corporation; Noticeof Termination of Gathering Service

November 9, 1995.Take notice that on November 2,

1995, CNG Transmission Corporation(CNG) filed pursuant to Section 4 of theNatural Gas Act and compliance withthe Commission’s direction in DocketNo. CP93–200, a notice to terminategathering service of uncertificatedgathering lines on or after 30 days fromthe date of the filing. The uncertificatedgathering lines to be abandoned in placeor removed are listed in Appendix Aattached to the filing.

It is asserted that no contract fortransportation service with CNG wouldbe canceled or terminated. The linesbeing abandoned solely served wellsowned by CNG which are being pluggedand abandoned. It is alleged that nodefault contract is being submittedbecause CNG believes that the nature ofthe abandonment of the gathering linesis one that does not require the use ofa default contract. The uncertificatedgathering lines are located in Elk,Clearfield, and Cameron Counties,Pennsylvania.

CNG requests that the order issuedthis proceeding, permit suchtermination of service and such waiversof the Commission’s rules andregulations for the limited purpose ofterminating service on the specifieduncertificated gathering lines.

Any person desiring to be heard or toprotest said filing should file a motionto intervene or protest with the FederalEnergy Regulatory Commission, 888First Street, NE., Washington, DC 20426,in accordance with Section 385.211 or385.214 of the Commission’s Rules andRegulations. All such motions orprotests should be filed on or beforeNovember 16, 1995. Protests will beconsidered by the Commission indetermining the appropriate action to be


taken, but will not serve to makeprotestants parties to the proceeding.Any person wishing to become a partyto the proceeding must file a motion tointervene. Copies of this filing are onfile with the Commission and areavailable for public inspection in thePublic Reference Room.Lois D. Cashell,Secretary.[FR Doc. 95–28284 Filed 11–15–95; 8:45 am]BILLING CODE 6717–01–M

[Docket Nos. RP95–197–000 and RP95–197–001]

Transcontinental Gas Pipe LineCorporation; Notice of InformalSettlement Conference

November 9, 1995.Take notice that Commission Staff

will convene an informal settlementconference in this proceeding onNovember 28, 1995, at 10:00 a.m. Theconference will be held at the offices ofthe Federal Energy RegulatoryCommission, 888 First Street, NE.,Washington, DC.

Any party, as defined by 18 CFR385.102(c), or any participant, asdefined in 18 CFR 385.102(b), mayattend. Persons wishing to become aparty must move to intervene andreceive intervenor status pursuant to theCommission’s Regulations, 18 CFR385.214.

For additional information, contact WarrenWood at (202) 208–2091 or Donald Heydt at(202) 208–0740.Lois D. Cashell,Secretary.[FR Doc. 95–28285 Filed 11–15–95; 8:45 am]BILLING CODE 6717–01–M

FEDERAL COMMUNICATIONSCOMMISSION

Network Reliability Council Meeting

November 13, 1995.AGENCY: Federal CommunicationsCommission.ACTION: Notice of public meeting.

SUMMARY: In accordance with theFederal Advisory Committee Act, PublicLaw 92–463, as amended, this noticeadvises interested persons of thethirteenth meeting of the NetworkReliability Council (‘‘Council’’), whichwill be held at the FederalCommunications Commission inWashington, DC.DATES: Wednesday, December 13, 1995at 1:00 p.m.

ADDRESSES: Federal CommunicationsCommission, Room 856, 1919 M Street,NW., Washington, DC.FOR FURTHER INFORMATION CONTACT:Robert Kimball at (202) 418–2339.SUPPLEMENTARY INFORMATION: TheCouncil was established by the FederalCommunications Commission to bringtogether leaders of thetelecommunications industry andtelecommunications experts fromacademic, consumer and otherorganizations to explore andrecommend measures that wouldenhance network reliability.

The agenda for the thirteenth meetingis as follows: (1) The finalrecommendations of Focus Group II,Network Interconnection and FocusGroup III, New Technology, will bepresented for consideration andadoption by the Council; (2) theFacilities Solutions Team will presentits recommendations for mitigatingfacilities outages; and (3) there will bean update on network reliability. Otherbusiness may also be considered.

Members of the general public mayattend the meeting. The FederalCommunications Commission willattempt to accommodate as manypeople as possible. However,admittance will be limited to the seatingavailable. The public may submitwritten comments to the Council’sdesignated Federal Officer before themeeting.Federal Communications Commission.William F. Caton,Acting Secretary.[FR Doc. 95–28298 Filed 11–15–95; 8:45 am]BILLING CODE 6712–01–M

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Federal Maritime Commissionhereby gives notice of the filing of thefollowing agreement(s) pursuant tosection 5 of the Shipping Act of 1984.

Interested parties may inspect andobtain a copy of each agreement at theWashington, DC Office of the FederalMaritime Commission, 800 NorthCapitol Street, NW., 9th floor. Interestedparties may submit comments on eachagreement to the Secretary, FederalMaritime Commission, Washington, DC20573, within10 days after the date ofthe Federal Register in which thisnotice appears. The requirements forcomments are found in section 572.603of Title 46 of the Code of FederalRegulations. Interested persons shouldconsult this section before

communicating with the Commissionregarding a pending agreement.

Agreement No.: 202–011259–011.Title: United States/Southern and

Eastern Africa Conference Agreement.Parties: Empresa de Navegacao

Internacional, Lykes Bros. SteamshipCo, Inc., Mediterranean ShippingCompany S.A., Safbank Line, Ltd.

Synopsis: The proposed amendmentadds a new Sub-Article 7.2 to providefor associate membership to theAgreement. It also adds WilhelmsenLines AS and makes othernonsubstantive changes.

Dated: November 13, 1995.By order of the Federal Maritime

Commission.Joseph C. Polking,Secretary.[FR Doc. 95–28291 Filed 11–15–95; 8:45 am]BILLING CODE 6730–01–M

Security for the Protection of thePublic Financial Responsibility ToMeet Liability Incurred for Death orInjury to Passengers or Other Personson Voyages; Notice of Issuance ofCertificate (Casualty)

Notice is hereby given that thefollowing have been issued a Certificateof Financial Responsibility to MeetLiability Incurred for Death or Injury toPassengers or Other Persons on Voyagespursuant to the provisions of Section 2,Public Law 89–777 (46 U.S.C. 817(d))and the Federal Maritime Commission’simplementing regulations at 46 CFR Part540, as amended:Carnival Corporation, 3655 N.W. 87th

Avenue, Miami, Florida 33178–2428.Vessel: Jubilee.

Dated: November 13, 1995.Joseph C. Polking,Secretary.[FR Doc. 95–28292 Filed 11–15–95; 8:45 am]BILLING CODE 6730–01–M

Ocean Freight Forwarder License;Applicants

Notice is hereby given that thefollowing applicants have filed with theFederal Maritime Commissionapplications for licenses as ocean freightforwarders pursuant to section 19 of theShipping Act of 1984 (46 U.S.C. app.1718 and 46 CFR 510).

Persons knowing of any reason whyany of the following applicants shouldnot receive a license are requested tocontact the Office of Freight Forwarders,Federal Maritime Commission,Washington, DC 20573.


Odyssey International Forwarding Services,1216 39th Avenue, SE., Puyallup, WA98374, Eloise Ann Brandstetter, SoleProprietor

Able Freight Services Inc., 801 West HydePark Blvd. Inglewood, CA 90302, Officers:Scott Irvin Murray, President, OrlandoWong, Vice President

Willson International Inc., 250 Cooper Ave.,Suite 102, Buffalo, NY 14150, Officers:Michael Dahm, President, R.C.Clendenning, Vice President

Phoenix International Business Logistics,Inc., Port Elizabeth, 1201 Corbin Street,Elizabeth, NJ 07201, Officers: Philip E.Hobson III, President, Stanley U. North,SecretaryDated: November 13, 1995.By the Federal Maritime Commission.

Joseph C. Polking,Secretary.[FR Doc. 95–28293 Filed 11–15–95; 8:45 am]BILLING CODE 6730–1–M

FEDERAL RESERVE SYSTEM

Citizens Bancshares, Inc., et al.;Formations of; Acquisitions by; andMergers of Bank Holding Companies

The companies listed in this noticehave applied for the Board’s approvalunder section 3 of the Bank HoldingCompany Act (12 U.S.C. 1842) and §225.14 of the Board’s Regulation Y (12CFR 225.14) to become a bank holdingcompany or to acquire a bank or bankholding company. The factors that areconsidered in acting on the applicationsare set forth in section 3(c) of the Act(12 U.S.C. 1842(c)).

Each application is available forimmediate inspection at the FederalReserve Bank indicated. Once theapplication has been accepted forprocessing, it will also be available forinspection at the offices of the Board ofGovernors. Interested persons mayexpress their views in writing to theReserve Bank or to the offices of theBoard of Governors. Any comment onan application that requests a hearingmust include a statement of why awritten presentation would not sufficein lieu of a hearing, identifyingspecifically any questions of fact thatare in dispute and summarizing theevidence that would be presented at ahearing.

Unless otherwise noted, commentsregarding each of these applicationsmust be received not later thanDecember 8, 1995.

A. Federal Reserve Bank of Cleveland(John J. Wixted, Jr., Vice President) 1455East Sixth Street, Cleveland, Ohio44101:

1. Citizens Bancshares, Inc.,Salineville, Ohio; to acquire 100 percent

of the voting shares of Western ReserveBank of Ohio, Lowellville, Ohio.

B. Federal Reserve Bank ofMinneapolis (James M. Lyon, VicePresident) 250 Marquette Avenue,Minneapolis, Minnesota 55480:

1. Dakotah Bankshares, Inc.,Fairmount, North Dakota; to become abank holding company by acquiring 100percent of the voting shares of PeoplesState Bank, Fairmount, North Dakota.

Comments on this application mustbe received no later than November 29,1995.

Board of Governors of the Federal ReserveSystem, November 8, 1995.Jennifer J. Johnson,Deputy Secretary of the Board.[FR Doc. 95–28267 Filed 11–15–95; 8:45 am]BILLING CODE 6210–01–F

Shirley A. Gruber; Formation of,Acquisition by, or Merger of BankHolding Companies

The company listed in this notice hasapplied for the Board’s approval undersection 3 of the Bank Holding CompanyAct (12 U.S.C. 1842) and § 225.14 of theBoard’s Regulation Y (12 CFR 225.14) tobecome a bank holding company or toacquire a bank or bank holdingcompany. The factors that areconsidered in acting on the applicationsare set forth in section 3(c) of the Act(12 U.S.C. 1842(c)).

The application is available forimmediate inspection at the FederalReserve Bank indicated. Once theapplication has been accepted forprocessing, it will also be available forinspection at the offices of the Board ofGovernors. Interested persons mayexpress their views in writing to theReserve Bank indicated for thatapplication or to the offices of the Boardof Governors. Any comment on anapplication that requests a hearing mustinclude a statement of why a writtenpresentation would not suffice in lieu ofa hearing, identifying specifically anyquestions of fact that are in dispute andsummarizing the evidence that wouldbe presented at a hearing.

Comments regarding this applicationmust be received not later thanNovember 28, 1995.

A. Federal Reserve Bank of KansasCity (John E. Yorke, Senior VicePresident) 925 Grand Avenue, KansasCity, Missouri 64198:

1. Shirley A. Gruber, Barnard, Kansas;to acquire a total of 66.2 percent;Timothy J. Schroeder, Beverly, Kansas,to acquire an additional 15.4 percent,for a total of 15.7 percent; Michael N.Millikan, Salina, Kansas, to acquire atotal of 15.7 percent, of the voting shares

of Beverly Bankshares, Inc., Beverly,Kansas, and thereby indirectly acquireBeverly State Bank, Beverly, Kansas.


Republic Bancorp, Inc.; Acquisition ofCompany Engaged in PermissibleNonbanking Activities

The organization listed in this noticehas applied under § 225.23(a)(2) or (f)of the Board’s Regulation Y (12 CFR225.23(a)(2) or (f)) for the Board’sapproval under section 4(c)(8) of theBank Holding Company Act (12 U.S.C.1843(c)(8)) and § 225.21(a) of RegulationY (12 CFR 225.21(a)) to acquire orcontrol voting securities or assets of acompany engaged in a nonbankingactivity that is listed in § 225.25 ofRegulation Y as closely related tobanking and permissible for bankholding companies. Unless otherwisenoted, such activities will be conductedthroughout the United States.

The application is available forimmediate inspection at the FederalReserve Bank indicated. Once theapplication has been accepted forprocessing, it will also be available forinspection at the offices of the Board ofGovernors. Interested persons mayexpress their views in writing on thequestion whether consummation of theproposal can ‘‘reasonably be expected toproduce benefits to the public, such asgreater convenience, increasedcompetition, or gains in efficiency, thatoutweigh possible adverse effects, suchas undue concentration of resources,decreased or unfair competition,conflicts of interests, or unsoundbanking practices.’’ Any request for ahearing on this question must beaccompanied by a statement of thereasons a written presentation wouldnot suffice in lieu of a hearing,identifying specifically any questions offact that are in dispute, summarizing theevidence that would be presented at ahearing, and indicating how the partycommenting would be aggrieved byapproval of the proposal.

Comments regarding this applicationmust be received not later thanNovember 28, 1995.

A. Federal Reserve Bank of Chicago(James A. Bluemle, Vice President) 230South LaSalle Street, Chicago, Illinois60690:

1. Republic Bancorp, Inc., Owosso,Michigan; to acquire through itsmajority owned subsidiary, CUB


1 See Octane Rule exemptions granted toGilbarco, 53 FR 29277 (1988); to Exxon Corporation,54 FR 14072 (1989); and to Dresser Industries, Inc.,56 FR 26821 (1991).

Funding, Calabasas, California, a 50.1percent voting interest in PremierPartners-James R. Gary Realtors,Woodland Hills, California (a jointventure), and thereby engage inoriginating, funding, and servicingresidential mortgage loans on a retailbasis, pursuant to § 225.25(b)(1) of theBoard’s Regulation Y.


U.S. Trust Corporation; Notice ofApplication to Engage de novo inPermissible Nonbanking Activities

The company listed in this notice hasfiled an application under § 225.23(a)(1)of the Board’s Regulation Y (12 CFR225.23(a)(1)) for the Board’s approvalunder section 4(c)(8) of the BankHolding Company Act (12 U.S.C.1843(c)(8)) and § 225.21(a) of RegulationY (12 CFR 225.21(a)) to commence or toengage de novo, either directly orthrough a subsidiary, in a nonbankingactivity that is listed in § 225.25 ofRegulation Y as closely related tobanking and permissible for bankholding companies. Unless otherwisenoted, such activities will be conductedthroughout the United States.

The application is available forimmediate inspection at the FederalReserve Bank indicated. Once theapplication has been accepted forprocessing, it will also be available forinspection at the offices of the Board ofGovernors. Interested persons mayexpress their views in writing on thequestion whether consummation of theproposal can ‘‘reasonably be expected toproduce benefits to the public, such asgreater convenience, increasedcompetition, or gains in efficiency, thatoutweigh possible adverse effects, suchas undue concentration of resources,decreased or unfair competition,conflicts of interests, or unsoundbanking practices.’’ Any request for ahearing on this question must beaccompanied by a statement of thereasons a written presentation wouldnot suffice in lieu of a hearing,identifying specifically any questions offact that are in dispute, summarizing theevidence that would be presented at ahearing, and indicating how the partycommenting would be aggrieved byapproval of the proposal.

Comments regarding the applicationmust be received at the Reserve Bankindicated or the offices of the Board of

Governors not later than November 28,1995.

A. Federal Reserve Bank of NewYork (William L. Rutledge, Senior VicePresident) 33 Liberty Street, New York,New York 10045:

1. U.S. Trust Corporation, New York,New York; to engage de novo through itssubsidiary, U.S. Trust Company of NewJersey, Princeton, New Jersey, in taxplanning and tax preparation servicesfor individuals, businesses and non-profit organizations, pursuant to §225.25(b)(21) of the Board’s RegulationY.


FEDERAL TRADE COMMISSION

Automotive Fuel Ratings, Certificationand Posting

AGENCY: Federal Trade Commission.ACTION: Grant of partial exemption fromthe Commission’s Fuel Rating Rule.

SUMMARY: The Commission has grantedthe petition of Gilbarco, Inc.(‘‘Gilbarco’’), a manufacturer of gasolinedispensers, on behalf of several majoroil companies, requesting permission topost octane ratings by use of octanelabels that differ from certain of thespecifications contained in theCommission’s Automotive Fuel Ratings,Certification and Posting Rule (‘‘theRule’’). Pursuant to Rule 1.26 of theCommission’s Rules of Practice, theCommission grants, for good cause, therequested relief without a notice andcomment period because theCommission finds that such a procedureis unnecessary to protect the publicinterest in this case. The Commissionpreviously has granted similar requestswithout notice and commentprocedures.1EFFECTIVE DATE: November 16, 1995.FOR FURTHER INFORMATION CONTACT:Thomas D. Massie, Attorney, Division ofEnforcement, Federal TradeCommission, Washington, DC 20580,(202) 326–2982.SUPPLEMENTARY INFORMATION: On March30, 1979, the Commission published theOctane Posting and Certification Rule inthe Federal Register. 44 FR 19160(1979). The Rule established procedures

for determining, certifying and posting,by means of a label on the fueldispenser, the octane rating ofautomotive gasoline intended for sale toconsumers. Pursuant to section 15.01 ofthe Energy Policy Act of 1992, 106 Stat.2776, the Rule has been amended toinclude requirements for disclosing theautomotive fuel rating of liquidalternative fuels, 58 FR 41372 (1993).The amended Rule became effectiveOctober 25, 1993.

Section 306.10 of the Rule providesthat retailers must post at least oneoctane rating label on each face of eachgasoline dispenser. Retailers who selltwo or more kinds of gasoline withdifferent octane ratings from a singledispenser must post separate octanerating labels for each kind of gasolineone each face of the dispenser. Labelsmust be placed conspicuously on thedispenser so as to be in full view ofconsumers and as near as reasonablypractical to the price per gallon ofgasoline.

Section 306.12 of the Rule detailspecifications for the labels. Labels mustbe 3 inches wide by 21⁄2 inches long,and Helvetica type must be used for alltext except the octane rating number,which must be in Franklin Gothic type.Type size for the text and numbers isspecified, and the type and border mustbe process black on a process yellowbackground. The line ‘‘MINIMUMOCTANE RATING’’ must be in 12 pointHelvetica bold, all capitals, with letterspace set at 121⁄2 points. The line‘‘(R+M)/2 METHOD’’ must be in 10point Helvetica bold, all capitals, withletter space set at 101⁄2 points. Theoctane number must be in 96 pointFranklin Gothic Condensed, with 1⁄8inch spacing between the numbers.Section 306.12(d) of the Rule furtherstates that no marks or informationother than that called for by the Rulemay appear on the label.

On August 3, 1988, the Commissiongranted Gilbarco a partial exemption tothe Rule with respect to the same multi-blend gasoline dispensers that are thesubject of this partial exemption. 53 FR29277 (1988). There the Commissionallowed Gilbarco to use an octane labelthat was 3 inches wide and 2.3 incheslong that would be inserted insideplastic gasoline selection switches. TheCommission also allowed Gilbarco toplace the world ‘‘PRESS’’, in 16 pointHelvetica type, beneath the octanenumber on the label.

Gilbarco’s experience with the plasticgasoline selection switches has shownthat the plastics which is prone tocracking or hazing over after prolongedexposure to gasoline vapors, reducingthe clarity of the octane label. Gilbarco


hypothesizes that consumers are usingthe metal nozzle tip of the dispenserhose to depress the selection switch andthe repeated impact of the metal nozzletip damages the protective coating onthe switch. As a solution to thisproblem, Gilbarco has developed ametal replacement switch. The metalreplacement switch has the sameexternal dimensions as the plasticswitch and avoids the need for specialsheet metal replacement panels, newgraphics, and changes to the internalmechanisms of the dispensers.

Although the external dimensions ofthe metal and plastic switches are thesame, the design of the metal willrequire a slightly smaller octane labelthan that authorized for the plasticswitch. The new label will sit in adepression or well on the face of theswitch. Gilbarco proposes using anoctane label that is 2.74 inches wide by1.80 inches long, as opposed to the 3.00inches wide by 2.30 inches long that iscurrently authorized. The type size ofthe octane number will be slightlysmaller than the Rule requires.

The Commission has reviewed mock-ups of the metal replacement and theplastic switches and the proposed

octane label and has decided that theproposed labeling scheme is adequate tomeet the Rule’s posting objective in thatit provides clear and conspicuousdisclosure of all information required bythe Rule. In addition the partialexemption allows Gilbarco toimplement the most economical repairfor its selectors switch problem withoutadversely affecting the public interest.Therefore, the Commission is grantingGilbarco permission to use its proposedlabeling system on its multi-blenddispensers, provided that Gilbarco alsocomplies with the Rule’s octane labelspecifications in all other respects.

By direction of the Commission.Donald S. Clark,Secretary.[FR Doc. 95–28340 Filed 11–15–95; 8:45 am]BILLING CODE 6750–01–M

Granting of Request for EarlyTermination of the Waiting PeriodUnder the Premerger NotificationRules

Section 7A of the Clayton Act, 15U.S.C. 18a, as added by Title II of the

Hart-Scott-Rodino AntitrustImprovements Act of 1976, requirespersons contemplating certain mergersor acquisitions to give the Federal TradeCommission and the Assistant AttorneyGeneral advance notice and to waitdesignated periods beforeconsummation of such plans. Section7A(b)(2) of the Act permits the agencies,in individual cases, to terminate thiswaiting period prior to its expirationand requires that notice of this action bepublished in the Federal Register.

The following transactions weregranted early termination of the waitingperiod provided by law and thepremerger notification rules. The grantswere made by the Federal TradeCommission and the Assistant AttorneyGeneral for the Antitrust Division of theDepartment of Justice. Neither agencyintends to take any action with respectto these proposed acquisitions duringthe applicable waiting period.

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 101095 AND 102095

Name of Acquiring Person, Name of Acquired Person, Name of Acquired entity PMN No. Date termi-nated

OrNda HealthCorp, Alan B. Miller, Universal Health Services, Inc ......................................................................... 95–2613 10/10/95Smiths Industries plc (a British corporation), Level 1 Technologies, Inc., Level 1 Technologies, Inc ................... 95–2663 10/10/95Tele-Communications, Inc., DMX, Inc., DMX, Inc ................................................................................................... 95–2685 10/10/95Media General, Inc., Thomas E. Worrell, Jr., Worrell Enterprises, Inc., Antibes, Inc., Ivy Leasing C ................... 95–2695 10/10/95Citicorp, Burlington Northern Santa Fe Corporation, Burlington Northern Railroad Company ............................... 95–2740 10/10/95North American Life Assurance Company (a Canadian Co.), The Manufacturers Life Insurance Company, The

Manufacturers Life Insurance Company .............................................................................................................. 95–2744 10/10/95The Manufacturers Life Insurance Company, North American Life Assurance Company, North American Life

Assurance Company ............................................................................................................................................ 95–2745 10/10/95Florida Progress Corporation, The Mutual Life Assurance Company of Canada, Continental Western Life In-

surance Company ................................................................................................................................................ 95–2752 10/10/95Crown Crafts, Inc., The Red Calliope & Associates, Inc., The Red Calliope & Associates, Inc ............................ 95–2771 10/10/95Nations Healthcare, Inc., Dr. H.C. Paul Sacher, Roche Professional Service Centers Inc ................................... 95–2779 10/10/95Anheuser-Busch Companies, Inc., Herman Stock Trust Dated December 12, 1986, Bay Enterprises, Inc .......... 95–2787 10/10/95INDRESCO Inc., John O. Harry, Corrosion Technology Inc ................................................................................... 95–2792 10/10/95Tenneco Inc., Mid-Michigan Container Corp., Mid-Michigan Container Corp ........................................................ 95–2799 10/10/95Insignia Financial Group, Inc., NPI Property Management Corporation, NPI Property Management Corporation

& Assets ............................................................................................................................................................... 95–2815 10/10/95Larry Addington, Addington Resources, Inc., Addington Mining, Inc ...................................................................... 95–2307 10/12/95Columbia/HCA Healthcare Corporation, Mid-America Hospitals, Inc., DHAL NEWCORP ..................................... 95–2677 10/12/95KCS Energy, Inc., David L. Hamilton, Natural Gas Processing Co ........................................................................ 95–2681 10/12/95DMX, Inc., Tele-Communications, Inc., TCI-Euromusic, Inc ................................................................................... 95–2686 10/12/95North Shore Health System, HIP Hospital, Inc., d.b.a. LaGuardia Hospital, HIP Hospital, Inc., d.b.a. LaGuardia

Hospital ................................................................................................................................................................ 95–2696 10/12/95North Shore Health System, HIP Hospital of Long Island Inc. d/b/a Syosset Comm Hosp, HIP Hospital of Long

Island Inc. d/b/a Syosset Comm Hosp ................................................................................................................ 95–2697 10/12/95The Hain Food Group, Inc., Wilhelm Doerenkamp Foundation, The Estee Corporation ....................................... 95–2703 10/12/95Rush-Presbyterian—St. Luke’s Medical Center, Illinois Masonic Medical Center, Illinois Masonic Medical Cen-

ter ......................................................................................................................................................................... 95–2729 10/12/95The Bank of New York Company, Inc., NationsBank Corporation, NationsBank Corporation ............................... 95–2732 10/12/95National Data Corporation, Meridian Bancorp, Inc., Meridian Bank ....................................................................... 95–2742 10/12/95Steven Dinetz, Trefoil Communications, Inc., Trefoil Communications, Inc ........................................................... 95–2743 10/12/95Baxter International Inc., Baxter International Inc., Nextran ................................................................................... 95–2757 10/12/95Bay Networks, Inc., Xylogics, Inc., Xylogics, Inc ..................................................................................................... 95–2762 10/12/95Grand Casinos, Inc., Grand Gaming Corp., Grand Gaming Corp .......................................................................... 95–2775 10/12/95Grand Casinos, Inc., Gaming Corporation of America, Gaming Corporation of America ...................................... 95–2778 10/12/95


TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 101095 AND 102095—Continued

Name of Acquiring Person, Name of Acquired Person, Name of Acquired entity PMN No. Date termi-nated

SunAmerica Inc., Zenith National Insurance Corp., CalFarm Life Insurance Company ........................................ 95–2781 10/12/95Manor Care, Inc., Devon Manor Corporation, Devon Manor Corporation .............................................................. 95–2785 10/12/95Tetra Tech, Inc., KCM, Inc., KCM, Inc .................................................................................................................... 95–2786 10/12/95BTG, Inc., Robert F. Roberts, Jr., Concept Automation, Inc. of America ............................................................... 95–2788 10/12/95Chrysler Corporation, Pacific International Services Corp., Pacific International Services Corp ........................... 95–2789 10/12/95North American Biologicals, Inc., Univax Biologics, Inc, Univax Biologics, Inc ...................................................... 95–2796 10/12/95Volt Information Sciences, Inc., Information International, Inc., Information International, Inc ............................... 95–2413 10/13/95Owens-Corning Fiberglas Corporation, Thomas E. Nelsen, Soltech, Inc ............................................................... 95–2665 10/13/95Olsten Corporation, Memorial Medical Center, Inc., CareOne Health Alternatives, Inc ......................................... 95–2700 10/13/95Owens-Corning Fiberglas Corporation, Fiber-Lite Corporation, Fiber-Lite Corporation ......................................... 95–2791 10/13/95ENSERCH Corporation, Mobil Corporation, Mobil Producing Texas & New Mexico, Inc ...................................... 95–2641 10/14/95Veba AG, Eastech Chemical, Inc., Eastech Chemical, Inc ..................................................................................... 95–2816 10/16/95Praxair, E.G. Coulter, Coulter Welding Supply, Inc ................................................................................................ 95–2711 10/17/95Cablevision Systems Corporation, Cablevision of Boston Limited Partnership, Cablevision of Boston, Inc ......... 96–0003 10/17/95Intrawest Corporation (a Canadian Corporation), Mr. Fukusaburo Maeda, TDC (USA) Inc .................................. 96–0009 10/17/95Global DirectMail Corp., Tiger Direct, Inc., Tiger Direct, Inc ................................................................................... 96–0019 10/17/95Stoneridge, Inc., Varity Corp., Kelsey-Hayes Company ......................................................................................... 96–0025 10/17/95AirTouch Communications, Inc., Henry M. Zachs, Message Center USA, Inc. (MC–USA) ................................... 96–0026 10/17/95BDM International, Inc., DMR Group Inc. (a Canadian company), DMR Group Inc .............................................. 96–0030 10/17/95Owosso Corporation, Stature Electric, Inc., Stature Acquisition Corporation ......................................................... 96–0032 10/17/95Mr. S. Allan Luihn, PepsiCo, Inc., Taco Bell Corp .................................................................................................. 96–0039 10/17/95Fleet Financial Group, Inc., Challenger International, Ltd., Savage Corporation ................................................... 95–2802 10/18/95Kenneth H. Hofmann, Estate of Walter J. Haas, Oakland Athletics Baseball Company ....................................... 96–0011 10/18/95Stephen C. Schott, Estate of Walter J. Haas, Oakland Athletics Baseball Company ............................................ 96–0012 10/18/95Consolidated Electrical Distributors, Inc., LCR Corporation, LCR Corporation ...................................................... 96–0036 10/18/95Host Marriott Corporation, Francis Greenburger, Elteq Partners I Limited Partnership ......................................... 96–0051 10/18/95Metropolitan Life Insurance Company, New England Mutual Life Insurance Company, New England Mutual

Life Insurance Company ...................................................................................................................................... 95–2809 10/19/95Aspect Telecommunications Corporation, Next plc, TCS Management Group, Inc., and Callscan, Inc ................ 96–0041 10/19/95Sears, Roebuck and Co., Saul Levy, Nationwise Automotive, Inc. (Debtor-in-Possession) .................................. 96–0057 10/19/95Hospital Sisters Health System, Green Bay Health System Holding Corp., Green Bay Health System Holding

Corp ...................................................................................................................................................................... 95–2803 10/20/95MedPartners, Inc., Mullikin Medical Enterprises, L.P., Mullikin Medical Enterprises, L.P ...................................... 95–2805 10/20/95Catholic Healthcare West, MedPartners/Mullikin, Inc., MedPartners/Mullikin, Inc .................................................. 96–0014 10/20/95Dr. Walter T. Mullikin, MedPartners/Mullikin, Inc., MedPartners/Mullikin, Inc ......................................................... 96–0015 10/20/95John S. McDonald, MedPartners/Mullikin, Inc., MedPartners/Mullikin, Inc ............................................................. 96–0016 10/20/95Norman Cloutier, Michael and Judith Funk, Mountain Peoples Warehouse, Inc ................................................... 96/0033 10/20/95Michael and Judith Funk, Norman Cloutier, Cornucopia Natural Foods, Inc ......................................................... 96–0034 10/20/95Lowell W. Paxson, ValueVision International, Inc., VVI Bridgeport, Inc. and VVI Akron, Inc ................................ 96–0040 10/20/95Pelican Companies, Inc., The Sunbelf Companies, Inc., The Sunbelt Companies, Inc ......................................... 96–0056 10/20/95

FOR FURTHER INFORMATION CONTACT:Sandra M. Peay or Renee A. Horton,Contact Representatives, Federal TradeCommission, Premerger NotificationOffice, Bureau of Competition, Room303, Washington, DC 20580, (202) 326–3100.

By Direction of the Commission.Donald S. Clark,Secretary.[FR Doc. 95–28341 Filed 11–15–95; 8:45 am]BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH ANDHUMAN SERVICES

Food and Drug Administration

[Docket No. 87F–0179]

Food Additives Permitted for DirectAddition to Food for HumanConsumption

AGENCY: Food and Drug Administration,HHS.ACTION: Notice.

SUMMARY: The Food and DrugAdministration (FDA) is in the finalstages of its review of a food additivepetition filed by Procter & Gamble Co.,for the safe use of sucrose esterifiedwith medium and long chain fatty acids(olestra) as a replacement for fats andoils. Accordingly, the agency isannouncing that all data, information,and public comments on the petitionmust be filed with FDA on or beforeDecember 1, 1995. This measure will

facilitate the agency’s decisionmakingprocess and coming to closure on thepetition by identifying precisely whichdata and information FDA will considerin making its decision on the petition.DATES: Written comments by December1, 1995.ADDRESSES: Submit written commentsto the Dockets Management Branch(HFA–305), Food and DrugAdministration, 12420 Parklawn Dr.,rm. 1–23, Rockville, MD 20857.FOR FURTHER INFORMATION CONTACT:Helen R. Thorsheim, Center for FoodSafety and Applied Nutrition (HFS–216), Food and Drug Administration,200 C St. SW., Washington, DC 20204,202–418–3092.SUPPLEMENTARY INFORMATION:

In the Federal Register of June 23,1987 (52 FR 23606), FDA announced thefiling of a petition (FAP 7A3997) byProcter & Gamble Co., 6071 Center HillRd., Cincinnati, OH 45224–1703,proposing that the food additive


regulations be amended to provide forthe safe use of sucrose esterified withmedium and long chain fatty acids as areplacement for fats and oils. (Theadditive is commonly referred to asolestra.) Since its filing, FDA has hadthe petition under active review, andthe agency is in the final stages of itssafety review of the additive.

In the Federal Register of October 17,1995 (60 FR 53790), FDA announcedthat a public meeting of the agency’sFood Advisory Committee (FAC) and aworking group of the FAC would beheld on November 14 through 17, 1995.The working group will undertake ascientific discussion of the safety reviewthat has been conducted for olestra forits intended use as a fat replacer insavory snacks. The working group willbe asked to comment on whether allrelevant issues associated with olestrahave been addressed. The discussionwill cover all aspects of the safetyreview, including nutrient effects andcompensation, gastrointestinal effects,and labeling. The recommendation ofthe olestra working group will beformally referred to the agency, alongwith any amendatory comments of theFAC. The agency will make the finaldetermination on the olestra foodadditive petition. (See 21 CFR 14.5).

Consistent with the Federal AdvisoryCommittee Act (5 U.S.C. App. 2), andthe agency’s regulations in part 14 (21CFR part 14), the meeting of the workinggroup and the FAC will be open to thepublic. In addition, as provided for in§ 14.25, there will be an opportunity forpublic participation, including anopportunity for members of the publicto present their views on the safetyreview of olestra, before both theworking group and the FAC.

Under the Federal Food, Drug, andCosmetic Act (the act), FDA is requiredto announce the filing of a food additivepetition (21 U.S.C. 348(b)(5)). Althoughpublic notice of a petition is required,the act is silent with respect to publiccomment on a petition, and thus, the actprovides no defined period for suchcomments. Accordingly, the filingnotice did not expressly requestcomments on Procter & Gamble’spetition. Nevertheless, writtencomments could have been, and in fact,have been submitted to the agency.

As noted above, FDA is in the finalstages of review of the olestra foodadditive petition. Unless significant newsafety issues are raised or importantnew data are submitted in the course ofthe advisory committee process, theagency will very likely conclude itsreview and be prepared to render adecision on Procter & Gamble’s petitionwithin approximately 2 months of the

conclusion of the FAC meeting. Tofacilitate this decisionmaking processand the agency’s coming to closure onthe petition, FDA believes that it isimportant to identify precisely whichdata and information the agency willconsider in making its decision on thepetition. Absent such boundaries, it willbe difficult for FDA to reach a decisionbecause the underlying data set could beshifting continuously. (See Sierra Clubv. Costle, 657 F.2d 298, 399–400 (D.C.Cir. 1981) (a participant’s mere wish foradditional time to respond todocuments in the record to which italready had opportunity to respondcannot force an agency to delay processbecause new information may beforthcoming; otherwise participantscould delay the process indefinitelybecause new information continuallycomes to light on the subject of manyproposed rules.))

Given the importance of reaching adecision and the clear public interest ina decision, FDA has determined thatany data, information, or commentsreceived after December 1, 1995, willnot be considered by the agency indetermining whether to approve thepetition. Any data, information, orcomments received after that date willbe filed in an administrative file andwill be evaluated along with anyobjections to the final decision filedunder 21 U.S.C. 348(f).

FDA believes that it is appropriate forthe agency to manage its administrativeprocesses, see Sierra Club v. Gorsuch,715 F.2d 653, 658 (D.C. Cir. 1983))(agency has control over timetable ofrulemaking and such decisions areentitled to considerable deference);Cutler v. Hayes, 818 F.2d 879, 896 n.150 (D.C. Cir. 1987), citing NaturalResources Defense Council, Inc. v. SEC,606 F.2d 1031, 1056 (D.C. Cir. 1979)(agency is cognizant of the mosteffective structuring and timing ofproceedings to resolve competingdemands over its resources), and that inthese circumstances, such managementthrough defining a comment period willnot unnecessarily limit publicparticipation in that process.

In particular, for over 8 years, sincethe June 1987 publication of the filingnotice, the public has been aware thatthe food additive petition for olestra hasbeen under consideration by FDA, andhas had the opportunity to submitinformation and comments to theagency on Procter & Gamble’s proposal.In addition, under the applicableregulations (21 CFR 171.1(h)(1)(i)), allsafety and functionality data for olestrasubmitted during this period by Procter& Gamble have been available to thepublic for review and comment upon

the submission of such data to theagency. Interested persons have utilizedthis opportunity to review these dataand to provide the agency with theirviews by submitting written comments.Finally, the agency has announced apublic advisory committee meeting onthe olestra petition. This meeting willprovide interested persons with theopportunity to hear an informedscientific discussion of the relevantsafety issues, and to present data,information, and views relevant to thesafety of olestra.

The agency believes that with theconclusion of the FAC meeting, therewill have been more than a reasonableopportunity for the public to providedata and information and to commenton the olestra food additive petition. SeeForester v. CPSC, 559 F.2d 774, 787(D.C. Cir. 1977). Because there has beensuch an opportunity, FDA believes thatit is appropriate and consistent with thepublic interest to define a specificperiod for the submission of data,information, and comments on the foodadditive petition. Defining boundariesfor those data, information, andcomments to be considered by FDA inrendering a decision on the petition willfacilitate the agency’s coming to closureon this petition. Therefore, the agency isestablishing December 1, 1995, as thedate by which all data, information, andcomments on the olestra food additivepetition, including comments on theproceedings before the FAC, must besubmitted to the agency in order to beconsidered by the agency in its decisionon the petition.

Any request for extension of thisperiod for comments on the olestra foodadditive petition should conform to theprovisions of 21 CFR 10.40(b).

Dated: November 13, 1995.William B. Schultz,Deputy Commissioner for Policy.[FR Doc. 95–28359 Filed 11–13–95; 4:16 pm]BILLING CODE 4160–01–F

Substance Abuse and Mental HealthServices Administration

Changes to the Testing Cutoff Levelsfor Opiates for Federal Workplace DrugTesting Programs

AGENCY: Substance Abuse and MentalHealth Services Administration, PHS,HHS.ACTION: Notice of proposed revisions.

SUMMARY: The Department of Health andHuman Services (HHS) is proposing torevise the Mandatory Guidelines forFederal Workplace Drug TestingPrograms, 59 FR 29916 (June 9, 1994).


Specifically, the Department isproposing to change the drug testinglevels currently used to test for opiatemetabolites in urine specimenscollected as part of the FederalWorkplace Drug Testing Program and torequire the testing for a metabolite ofheroin. The goals of the proposed newopiate testing policy are to substantiallyreduce the number of laboratory opiatepositives that Medical Review Officersultimately verify as negative, shift theemphasis of opiate testing back to theproper focus to deter and detect heroinuse, and reduce any unnecessary/excessive costs to drug testing withoutcompromising the original drugdeterrent objectives.DATES: Comments on these proposedrevisions to the Mandatory Guidelinesare invited and must be submitted byJanuary 16, 1996.ADDRESSES: Written comments shouldbe addressed to Joseph H. Autry III,M.D., Director, Division of WorkplacePrograms, SAMHSA, Room 13A–54,5600 Fishers Lane, Rockville, Maryland20857.FOR FURTHER INFORMATION CONTACT:Dr. Donna M. Bush, Chief, Drug TestingSection, Division of WorkplacePrograms, SAMHSA/CSAP, Room 13A–54, 5600 Fishers Lane, Rockville,Maryland 20857, tel. (301) 443–6014.SUPPLEMENTARY INFORMATION: TheDepartment proposes increasing theinitial and confirmatory testing cutofflevels for morphine and codeine from300 ng/mL to 2,000 ng/mL andestablishing a new requirement to testfor 6-acetylmorphine (6-AM), ametabolite that comes only from heroin,using a 10 ng/mL confirmatory level forspecimens that have tested positive onthe initial test. When the FederalWorkplace Drug Testing Program wasestablished, HHS adopted the same 300ng/mL testing levels for opiates thatwere used by the Department of Defensefor testing service members. Theselevels were selected in an attempt toprovide the greatest opportunity toidentify anyone who may have usedheroin; however, at the 300 ng/mL level,many who have not used heroin but hadtaken a prescribed codeine or morphinemedication or eaten normal dietaryamounts of poppy seeds have also testedpositive. Since the purpose of the drugtesting program is to deter or detectindividuals using illicit drugs,establishing the testing cutoff levels foropiates at the proposed 2,000 ng/mLand adding the requirement to detect 6-AM will eliminate the identification ofmost persons legitimately using opiate-containing pharmaceuticals available bymedical prescription or in over-the-

counter preparations, or those who haveingested poppy seeds. The Departmentof Defense adopted similar increases inthe testing cutoff levels for opiateseffective April 1, 1994, because ofsimilar concerns and its programexperience over the last 5 years.Changing the levels for the FederalWorkplace Drug Testing Program willhave similar direct effect as evidencedby the results obtained from severalMedical Review Officers andlaboratories regarding the large numberof laboratory positives that were verifiednegative by MROs. In addition, theresults indicate that specimens screenedpositive at or above the proposed 2,000ng/mL testing cutoff levels for opiatesare the specimens most likely to contain6-acetylmorphine, a metabolite ofheroin.

The Department has evaluated resultson over 1.1 million urine specimenstested for opiates in 5 certifiedlaboratories and approximately 317,500specimens that were reviewed by 3different Medical Review Officer (MRO)groups. Each laboratory and MRO groupwas asked to furnish information onresults reported from January 1, 1992, toMarch 31, 1993. Based on theinformation obtained from the MROs,87% of all opiate positives reported bythe laboratories were verified negativeby the MRO based on the use ofprescription medications, poppy seedconsumption, no clinical evidence ofheroin use, or other reason. It is clearthat the current opiate testing cutofflevels are not properly identifyingopiate drug abusers.

The results from the laboratoriesindicate that of the approximate 1.1million specimens tested, 7294specimens were reported positive forcodeine and/or morphine. Of thesepositive specimens, 5931 had codeineand/or morphine concentrations lessthan 2,000 ng/mL. Within the group of7294 opiate positives, 848 were alsotested for 6-acetylmorphine (6-AM) withonly 16 of these 848 being reportedpositive for 6-AM. Additionally, 14 ofthese 16 6-AM positives had morphineconcentrations greater than 2,000 ng/mL.

When comparing information fromother published studies, there wasagreement that the presence of 6-AM ishighly associated with morphineconcentrations in excess of 2,000 ng/mL.

In light of these results, theDepartment is proposing to increase theinitial test level for opiate metabolites to2,000 ng/mL and the confirmatory testlevels for morphine and codeine to2,000 ng/mL. In addition, theDepartment is proposing to establish a

requirement to test for 6-AM inspecimens positive for opiates on theinitial test using a 10 ng/mLconfirmatory test level. 6-AM is ametabolite of heroin and no othermedication or substance is known toproduce it; therefore, its presence ispositive proof of heroin use. Since 6-AMhas a very short half-life (i.e., detectablefor only a few hours after heroin use),it is essential that a laboratory use asensitive analytical procedure to test for6-AM. From the data available, itappears that 10 ng/mL is the lowesttesting level that can reasonably be usedto consistently and accurately identifyand quantitate the presence of 6-AM.Additionally, the 10 ng/mLconfirmatory test level for 6-AM iscurrently used by many laboratories thattest for 6-AM after an MRO submits arequest. The Department believes theproposed requirement to test for 6-AMwill not increase the workload for alaboratory because setting the initial testlevel for opiate metabolites at 2,000 ng/mL will significantly reduce the numberof specimens that will need to beconfirmed for morphine, codeine, and 6-AM.

The Department believes that raisingthe testing levels for opiates andestablishing a requirement to test for 6-AM does not reduce the deterrent valueof the Federal Workplace Drug TestingProgram, but rather shifts the emphasisof opiate testing back to the originalfocus to deter and detect use of illicitdrugs, including heroin. A change in thetesting cutoff levels, in conjunction withthe addition of 6-AM testing, shouldprovide more than adequate protectionthat heroin users will be detected. Thecost to Federal agencies may be reducedsince there will be fewer specimensscreened positive hence, a reduction inthe number of specimens sent toconfirmatory testing. The laboratorieswill be reporting fewer opiate positiveswhich will also reduce the time and costfor MROs to discuss use of legitimatelyobtained opiate containing preparationswith individuals who have been testedpositive by the laboratory.

The SAMHSA Drug Testing AdvisoryBoard has discussed these results andhas recommended adopting the newopiate testing cutoff levels describedabove.

INFORMATION COLLECTION REQUIREMENTS:There are no new paperworkrequirements subject to the Office ofManagement and Budget approvalunder the Paperwork Reduction Act of1980.


Dated: September 26, 1995.Philip R. Lee,Assistant Secretary for Health.

Dated: November 6, 1995.Donna E. Shalala,Secretary.

The following amendments areproposed to the Mandatory Guidelinesfor Federal Workplace Drug TestingPrograms published on June 9, 1994 (59FR 29916):

Subpart B1. Section 2.4(e)(1) is amended by

changing the initial test level for opiatemetabolites appearing in the table from‘‘300’’ to ‘‘2,000’’ and deleting footnote1.

2. Section 2.4(f)(1) is amended bychanging the confirmatory test levels formorphine and codeine appearing in thetable from ‘‘300’’ to ‘‘2,000.’’

3. Section 2.4(f)(1) is amended byadding in the table under opiates aconfirmatory test level for 6-Acetylmorphine at ‘‘10 ng/mL.’’

[FR Doc. 95–28273 Filed 11–13–95; 8:45 am]BILLING CODE 4160–20–M

DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT

Office of the Assistant Secretary forHousing—Federal HousingCommissioner

[Docket No. FR–3990–D–01]

Redelegation of Authority

AGENCY: Office of the AssistantSecretary for Housing—Federal HousingCommissioner.ACTION: Notice of redelegation ofauthority.

SUMMARY: This notice redelgatesauthority from the Assistant Secretaryfor Housing—Federal HousingCommissioner to certain positionswithin the Office of the Federal HousingAdministration Comptroller, for thepurpose of executing documents toeffectuate the transfer of title to Title Iloans sold by the Department ofHousing and Urban Development.EFFECTIVE DATE: November 7, 1995.FOR FURTHER INFORMATION CONTACT:William Richbourg, Director,Management Control Staff, U.S.Department of Housing and UrbanDevelopment, 451 7th Street, SW.,Room 5144, Washington, DC 20410,telephone (202) 401–0577. Atelecommunications device for thehearing-impaired (TDD) is available at202–708–4594. (These are not toll-freenumbers.)

SUPPLEMENTARY INFORMATION: On July 7,1994, at 59 FR 34857, the AssistantSecretary for Housing-Federal HousingCommissioner redelegated to theDirector, Office of Mortgage InsuranceAccounting and Servicing, Office of theFHA Comptroller, at headquarters, andto each of the Directors of the three HUDFHA Debt Management Centers, in thefield, certain authority with regard todebt arising from the payment of claimsunder Title I of the National HousingAct. Among other things, they weregranted the authority to executedocuments necessary to transfer orsubordinate title in and to any debt,contract, claim or security instrumentobtained by the Secretary, and to satisfyand/or execute deeds, liens and notes.

FHA is now in the process of engagingin a sale of approximately 16,000 TitleI notes, based upon sealed bids whichare to be opened November 7, 1995. Inorder to effectuate the transfer of thesespecified Title I loans, it is necessary toprovide additional HUD employees withthe authority to execute all of thenecessary documents. Among otherthings, these employees will have theauthority to execute powers of attorneyto enable the purchaser(s) to assign theTitle I loans to themselves. In addition,FHA may engage in future sales of TitleI loans, which will again require theassistance of these HUD employees.

Accordingly, the Assistant Secretaryfor Housing—Federal HousingCommissioner redelegates authority asfollows:

Section A. Authority RedelegatedThe Director, Office of Mortgage

Insurance Accounting and Servicing;the Director, Title I Accounting andServicing Division; the Deputy Director,Title I Accounting and ServicingDivision; the Chief, Title I OperationsBranch; the Chief, Title I Notes Branch;and the Director, Management ControlStaff, all of the Office of the FederalHousing Administration Comptroller,are each redelegated the power andauthority to execute all documentsnecessary to effectuate the transfer oftitle in and to Title I loans sold by theDepartment of Housing and UrbanDevelopment. This redelegationincludes, but is not limited to, theauthority to execute powers of attorneyto enable the purchaser or purchasers ofthe loan to execute the necessaryassignments of notes, and mortgages ordeeds of trust.

Section B. Limited Authority to FurtherRedelegate

The authority granted in Section A.,above, may be further redelegated inwriting by the Director, Office of

Mortgage Insurance Accounting andServicing, pursuant to this redelegation.The authority granted in Section A. maynot be further redelegated by any of theother officials listed within Section A.

Authority: Sec.7(d), Department ofHousing and Urban Development Act (42U.S.C. 3535(d).)

Dated: November 7, 1995.Nicolas P. Retsinas,Assistant Secretary for Housing—FederalHousing Commissioner.[FR Doc. 95–28281 Filed 11–15–95; 8:45 am]BILLING CODE 4210–27–M

Office of the Assistant Secretary forPolicy Development and Research

[Docket No. FR–3825–N–03]

Announcement of Funding Awards forFiscal Year 1995 Community OutreachPartnership Centers

AGENCY: Office of the AssistantSecretary for Policy Development andResearch, HUD.ACTION: Announcement of fundingawards.

SUMMARY: In accordance with section102(a)(4)(C) of the Department ofHousing and Urban DevelopmentReform Act of 1989, this documentnotifies the public of funding awards forFiscal Year 1995 Community OutreachPartnership Centers Program. Thepurpose of this document is toannounce the names and addresses ofthe award winners and the amount ofthe awards which are to be used toestablish and operate CommunityOutreach Partnership Centers that will:(1) Conduct competent and qualifiedresearch and investigation on theoreticalor practical problems in large and smallcities; and (2) facilitate partnerships andoutreach activities between institutionsof higher education, local communities,and local governments to address urbanproblems.FOR FURTHER INFORMATION CONTACT:Marcia Marker Feld, Ph.D., Director,Office of University Partnerships, U.S.Department of Housing and UrbanDevelopment, room 8130, 451 SeventhStreet, SW, Washington, DC 20410,telephone (202) 708–3061. To provideservice for persons who are hearing- orspeech-impaired, this number may bereached via TDD by dialing the FederalInformation Relay Service on 1–800–877–TDDY, 1–800–877–8339, or 202–708–9300. (Telephone numbers, otherthan ‘‘800’’ TDD numbers are not tollfree.).SUPPLEMENTARY INFORMATION: TheCommunity Outreach Partnership


Centers Program was enacted in theHousing and Community DevelopmentAct of 1992 (Pub. L. 102–550, approvedOctober 28, 1992) and is administeredby the Office of University Partnershipsunder the Assistant Secretary for PublicDevelopment and Research. In additionto this program, the Office of UniversityPartnerships administers HUD’s ongoinggrant programs to institutions of highereducation as well as creates initiativesthrough which colleges and universitiescan bring their traditional missions ofteaching, research, service, and outreachto bear on the pressing local problemsin their communities.

The Community Outreach PartnershipCenters Program provides funds for:Research activities which have practicalapplication for solving specificproblems in designated communitiesand neighborhoods; outreach, technicalassistance and information exchangeactivities which are designed to addressspecific problems in designatedcommunities and neighborhoods. Thespecific problems that the local programmust focus on are problems associatedwith housing, economic development,neighborhood revitalization,infrastructure, health care, job training,education, crime prevention, planning,and community organizing. OnDecember 22, 1994, HUD published aNotice of Funding Availabilityannouncing the availability of $7million in Fiscal Year 1995 funds for theCommunity Outreach PartnershipCenters Program (59 FR 66124). TheDepartment reviewed, evaluated andscored the applications received basedon the criteria in the NOFA. As a result,HUD has funded the fourteen applicantsidentified below, each in the amount of$500,000. In accordance with section102(a)(4)(C) of the Department ofHousing and Urban DevelopmentReform Act of 1989 (Pub. L. 101–235,approved December 15, 1989), theDepartment is publishing detailsconcerning the recipients of fundingawards, as follows:

List of Awardees for Grant Assistance Underthe FY 1995 Community OutreachPartnership Centers Funding Competition,by Name and Address

New England

1. University of Massachusetts at Boston,Professor Edwin Melendez, University ofMassachusetts at Boston, Gaston Institute,100 Morrisey Boulevard, Boston, MA02125, (617) 287–5790

Mid-Atlantic

2. Marshall University, Professor Ron L.Schelling, Marshall University, 1050 4thAvenue, Huntington, WV 25755, (304)696–6249

3. George Mason University, Professor HughSockett, George Mason University, Institutefor Educational Transformation, 7946Donegan Drive, Manassas, VA 22110, (703)993–8320

4. University of Delaware, Professor TimothyBarnekov, University of Delaware, Office ofthe Vice Provost for Research, Newark, DE19716, (302) 831–1690

Southeast/Caribbean

5. Georgia State University, Professor DavidA. Sjoquist, Georgia State University,Policy Research Center, University Plaza,Atlanta, GA 30303, (404) 651–3995

6. University of Alabama-Birmingham,Professor Craig Ramey, University ofAlabama at Birmingham, CivitanInternational Research Center, 1719 SixthAvenue South, Birmingham, AL 35294–0021, (205) 934–8900

7. University of Florida, Professor MarcSmith, University of Florida, 219 Grinter,Gainesville, FL 32611, (904) 392–7697

8. University of Memphis, Professor David N.Cox, University of Memphis, PoliticalScience Department, Clement Hall, Room427, Memphis, TN 38152, (901) 678–2794

9. University of Tennessee, Professor JohnGaventa, University of Tennessee,Community Partnership Center, 1618Cumberland Avenue, Knoxville, TN37996–3300, (615) 974–4542

Midwest

10. DePaul University, Ms. ElizabethHollander, DePaul University, 243 SouthWabash, Suite 9100, Chicago, IL 60604,(312) 362–6138

11. University of Illinois at Champaign,Professor Kenneth Reardon, University ofIllinois at Urbana-Champaign, 9071⁄2 WestNevada, Urbana, Illinois 61801,Champaign, IL 61820, (217) 244–5384

12. Case Western Reserve University,Professor Arthur Naparstek, Case WesternReserve University, Mandel School ofApplied Social Sciences, 10900 EuclidAvenue, Cleveland, OH 44106–7164, (216)368–6947

13. University of Wisconsin-Milwaukee,Professor Robert A. Jones, University ofWisconsin at Milwaukee, The GraduateSchool, P.O. Box 340, Milwaukee, WI53201, (414) 229–5920

Southwest

14. University of Texas-Austin, ProfessorRobert Wilson, University of Texas atAustin, P.O. Box 7726, Austin, TX 78713,(512) 471–8947Dated: November 3, 1995.

Michael A. Stegman,Assistant Secretary for Policy Developmentand Research.[FR Doc. 95–28279 Filed 11–15–95; 8:45 am]BILLING CODE 4210–62–M

[Docket No. FR–3870–N–03]

Announcement of Funding Awards forFiscal Year 1995 Joint CommunityDevelopment Program Centers forCommunity Revitalization

AGENCY: Office of the AssistantSecretary for Policy Development andResearch, HUD.ACTION: Announcement of fundingawards.

SUMMARY: In accordance with section102(a)(4)(C) of the Department ofHousing and Urban DevelopmentReform Act of 1989, this documentnotifies the public of funding awards forthe Fiscal Year 1995 Joint CommunityDevelopment Program. Awards underthe program are to be used to establishat institutions of higher educationCenters for Community Revitalization,which will undertake large-scale, multi-phased, multi-year local communityrevitalization and community buildingactivities in collaboration with localgovernments and communityorganizations. The purpose of thisdocument is to announce the names andaddresses of the award winners and theamount of the awards.FOR FURTHER INFORMATION CONTACT:Marcia Marker Feld, Ph.D., Director,Office of University Partnerships, U.S.Department of Housing and UrbanDevelopment, room 8130, 451 SeventhStreet, S.W., Washington, DC 20410,telephone (202) 708–3061. To provideservice for persons who are hearing- orspeech-impaired, this number may bereached via TDD by dialing the FederalInformation Relay Service on 1–800–877–TDDY, 1–800–877–8339, or 202–708–9300. (Telephone numbers, otherthan ‘‘800’’ TDD numbers are not tollfree.)SUPPLEMENTARY INFORMATION: The JointCommunity Development Program wasenacted in the Housing and CommunityDevelopment Act of 1992 (Pub.L. 102–550, approved October 28, 1992).Initially administered by the AssistantSecretary for Community Planning andDevelopment, the program wastransferred August 15, 1994 to the Officeof University Partnerships under theAssistant Secretary for PolicyDevelopment and Research. In additionto this program, the Office of UniversityPartnerships administers HUD’s ongoinggrant programs to institutions of highereducation as well as creates initiativesthrough which colleges and universitiescan bring their traditional missions ofteaching, research, service, and outreachto bear on the pressing local problemsin their communities.


The Joint Community DevelopmentProgram provides special purpose grantsto institutions of higher education or toStates and units of general localgovernment submitting applicationswith institutions of higher education toHUD to undertake CommunityDevelopment Block Grant eligibleactivities. On April 7, 1995, HUDpublished a Notice of FundingAvailability announcing the availabilityof $12 million ($6 million of which wasappropriated for Fiscal Year 1994 and$6 million of which was appropriatedfor Fiscal Year 1995) for the JointCommunity Development Program (60FR 17960). Through this funding round,HUD is providing five institutions ofhigher education with grants of $2.4million each, to support Centers forCommunity Revitalization at thoseinstitutions of higher education. For thisfunding round, HUD requiredinstitutions of higher education to applyon their own rather than submittingjointly with a State or unit of generallocal government. However, institutionsof higher education were encouraged toform partnerships with units of generallocal government by making part of thisfunding available to these governments.

In accordance with section102(a)(4)(C) of the Department ofHousing and Urban DevelopmentReform Act of 1989 (Pub. L. 101–235,approved December 15, 1989), theDepartment is publishing detailsconcerning the recipients of fundingawards, as follows:

List of Awardees for Grant AssistanceUnder the FY 1995 Joint CommunityDevelopment Program, by Name andAddress

New England

1. Clark University, Mr. Jack FoleyClark University, Office of the President,

950 Main Street, Worcester, MA 01610–1477, (508) 793–7444

2. Yale University, Professor Douglas RaeYale University, 71 Livingston, New

Haven, CT 06511, (203) 432–9899

Midwest

3. University of Illinois-Chicago, ProfessorWim Wiewel

University of Illinois at Chicago, GreatCities Office, 601 S. Morgan Street M/C102, Chicago, IL, (312) 413–3375

Great Plains

4. Washington University, Ms. SuzanneGoodman

Redevelopment Corporation at WashingtonUniversity Medical Center, 11 SouthNewstead Avenue, St. Louis, Missouri63108, (314) 652–4411

Pacific/Hawaii

5. University of California at Berkeley,Professor Victor Rubin

University of California at Berkeley,University-Oakland Metropolitan Forum,316 Webster Hall, Berkeley, CA 94720–1870, (510) 643–9103

Dated: November 3, 1995.Michael A. Stegman,Assistant Secretary for Policy Developmentand Research.[FR Doc. 95–28278 Filed 11–15–95; 8:45 am]BILLING CODE 4210–62–P


Bureau of Land Management

[WO–420–6310–00]

Tramroads and Logging Roads Over O.and C. and Coos Bay Revested Lands

AGENCY: Bureau of Land Management,Interior.ACTION: Notice of Proposed InformationCollection.

SUMMARY: In accordance with thePaperwork Reduction Act of 1995, BLMis announcing its intention to requestapproval for the collection ofinformation from applicants for permitsthat allow access across Federal roads,rights-of-way and lands in westernOregon for logging activities.DATES: Comments on the proposedinformation collection must be receivedby January 16. 1996 to be assured ofconsideration.ADDRESSES: Comments may be mailedto: Regulatory Management Team (420),Bureau of Land Management, 1849 CStreet NW, Room 401LS, Washington,D.C. 20240.

Comments may be sent via Internet to:[email protected]. Please include‘‘ATTN: O&C-Info’’ and your name andreturn address in your Internet message.

Comments may be hand-delivered tothe Bureau of Land ManagementAdministrative Record, Room 401, 1620L Street, NW, Washington, DC.

Comments will be available for publicreview at the L Street address duringregular business hours (7:45 A.M. to4:15 p.m.), Monday through Friday.FOR FURTHER INFORMATION CONTACT:Patrick W. Boyd (202) 452–5030.SUPPLEMENTARY INFORMATION: Inaccordance with 5 CFR 1320.8(d), theBureau of Land Management (BLM) isrequired to provide 60-day notice in theFederal Register concerning a proposedcollection of information to solicitcomments on—

(a) Whether the proposed collection ofinformation is necessary for the properperformance of the functions of theagency, including whether theinformation will have practical utility;

(b) The accuracy of the agency’sestimate of the burden of the proposedcollection of information, including thevalidity of the methodology andassumptions used;

(c) Ways to enhance the quality,utility, and clarity of the information tobe collected; and

(d) Ways to minimize the burden ofthe collection of information on thosewho are to respond, including throughthe use of appropriate automated,electronic, mechanical, or othertechnological collection techniques orother forms of information technology.

Accordingly, none of the informationproposed to be collected as describedbelow will be required until commentshave been received and analyzed andapproval has been obtained from OMBunder 44 U.S.C. 3501 et seq. and aclearance number assigned.

In the advance notice of proposedrulemaking published elsewhere in thisissue of the Federal Register, BLM isannouncing its intention to revise itsexisting rules governing logging roadsover revested Oregon and CaliforniaRailroad grant lands and reconveyedCoos Bay Wagon Road grant lands(collectively known as the O&C lands).The changes will bring the existing cost-sharing road program under theregulatory framework of Section 502 ofthe Federal Land Policy andManagement Act of 1976 (FLPMA) andincorporate environmental protectionand other requirements for rights-of-wayover public lands found in Title V ofFLPMA. Another change will allowcompensation for the use of roads andrights-of-way where the landowner hasgranted BLM rights of access forrecreational purposes. In addition, theentire subpart will be revised, using a‘‘plain English’’ approach, to removeobsolete terms and improve its clarity,organization, and readability.

The Oregon and California RevestedLands Sustained Yield Management Actof August 28, 1937 (43 U.S.C. 1181a and1181b) granted to the Secretary of theInterior the general authority to providefor the use, occupancy and developmentof the O&C lands through permits andrights-of-way. The BLM has had a cost-share logging road right-of-way programin western Oregon under this authoritysince the early 1950’s. The regulationsfor this program are contained in 43CFR Subpart 2812. With the enactmentof the Federal Land Policy andManagement Act of 1976 (FLPMA), allright-of-way authorizations must beissued under the authority andrequirements of Title V of FLPMA (43U.S.C. 1761–1771). The Secretary wasgiven specific authority to enter into


cost-share agreements under Section502 of the Act.

The BLM has continued the use ofregulations in 43 CFR Subpart 2812 onan interim basis pending thepreparation and publication of newcost-share regulations. Since theregulations contained in this subpartclearly represent a cost-share roadagreement concept, it is proposed by theSecretary that these regulations berevised as necessary and adoptedpursuant to the authority contained inSection 310 of FLPMA (43 U.S.C. 1740)for the purpose of implementing Section502. Continuing the use of pre-existingregulations with only minormodifications and changes wouldprovide for the orderly and continuousadministration of all outstandingpermits and agreements issued prior tothe effective date of this rulemaking.

Applicants for permits to utilizelogging roads on Federal land will berequired to provide the following—

(a) Identifying information, includingname; address; partnership agreement(for partnerships); and articles ofincorporation, certificate of authority todo business in Oregon, and copy ofbylaws (for corporations);

(b) Description of BLM lands or roadsto be used and estimated period of use;

(c) Description of all lands or roadsowned or controlled by the applicantthat will be served by the right-of-waypermit, including an estimate of timberor other materials that will be hauled oneach portion;

(d) A map showing all roads to beused which are directly or indirectlycontrolled by the applicant;

(e) Description of any roadconstruction that will be required onBLM lands;

(f) Description of any proposedimprovements to BLM roads; and

(g) Whether any hazardous substancesor solid waste will be transportedwithin the right-of-way.

The information collected will allowBLM to determine the applicant’seligibility for a road use permit andwhether it is in the Government’sinterest to enter into a reciprocalagreement with the applicant. Areciprocal agreement would require theapplicant to grant BLM access across theapplicant’s roads, rights-of way or lands.The information is mandatory to obtaina benefit, use of BLM roads, rights-of-way and lands for access to timber.

The public reporting burden for thiscollection of information is estimated toaverage one hour per application. Therespondents are individuals,partnerships, and corporations engagedin the logging business who desireaccess to timber across BLM lands. The

estimated number of respondents is 200per year. The estimated number ofresponses per respondent is one peryear. The estimated total annual burdenon respondents is 200 hours.

All responses to this notice will besummarized and included in the requestfor Office of Management and Budgetapproval. All comments will alsobecome a matter of public record.

Dated: November 13, 1995.Annetta Cheek,Regulatory Management Team.[FR Doc. 95–28295 Filed 11–15–95; 8:45 am]BILLING CODE 4310–84–P

[ID–957–1420–00]

Idaho: Filing of Plats of Survey

The plat of the following describedland was officially filed in the IdahoState Office, Bureau of LandManagement, Boise, Idaho, effective9:00 a.m., November 6, 1995.

The supplemental plat prepared tocorrect the GPS value for the latitude atthe corner of Tps. 9 and 10 S., Rs. 27and 28 E., Boise Meridian, Idaho, wasaccepted, November 6, 1995.

This supplemental plat was preparedto meet certain administrative needs ofthe Bureau of Land Management.

All inquiries concerning the survey ofthe above described land must be sentto the Chief, Cadastral Survey, IdahoState Office, Bureau of LandManagement, 3380 Americana Terrace,Boise, Idaho, 83706.

Dated: November 6, 1995.Duane E. Olsen,Chief Cadastral Surveyor for Idaho.[FR Doc. 95–28271 Filed 11–15–95; 8:45 am]BILLING CODE 4310–GG–M

Fish and Wildlife Service

Notice of Receipt of Applications forPermit

The following applicants haveapplied for a permit to conduct certainactivities with endangered species. Thisnotice is provided pursuant to Section10(c) of the Endangered Species Act of1973, as amended (16 U.S.C. 1531, etseq.):PRT–808493Applicant: Ms. Beatrix Schramm, Charles

Darwin Research Station, Ecuador

The applicant requests a permit toimport blood samples taken fromcaptive-held Galapagos tortoise(Geochelone nigra) at the CharlesDarwin Research Station and from wildtortoises as available on Santa Cruz

Island, Ecuador, for the purpose ofscientific research on reproductivecycles for propagation and survival ofthe species.PRT–808566Applicant: Darrell Judkins, Lakeville, MN.

The applicant requests a permit toimport a sport-hunted cheetah(Acinonyx jubatus) trophy fromZimbabwe to enhance the survival ofthe species.PRT–802429Applicant: Christian Jackson, Metairie, LA.

The applicant requests a permit toimport a sport-hunted cheetah(Acinonyx jubatus) trophy fromNamibia to enhance the survival of thespecies.PRT–802428Applicant: Tamara Scott, Newark, CA.

The applicant requests a permit toimport a sport-hunted cheetah(Acinonyx jubatus) trophy fromNamibia to enhance the survival of thespecies.PRT–792071Applicant: Frank O’Brien, Wilkes-Barre, PA.

The applicant requests a permit toimport a sport-hunted cheetah(Acinonyx jubatus) trophy fromZimbabwe to enhance the survival ofthe species.PRT–800757Applicant: Richard Edwards, Edmond, OK.

The applicant requests a permit toimport a sport-hunted cheetah(Acinonyx jubatus) trophy fromZimbabwe to enhance the survival ofthe species.PRT–797904Applicant: Charles Cook, Centerville, OH.

The applicant requests a permit toimport a sport-hunted cheetah(Acinonyx jubatus) trophy fromZimbabwe to enhance the survival ofthe species.PRT–802244Applicant: David Greenberg, Tucson, AZ.

The applicant requests a permit toimport a sport-hunted cheetah(Acinonyx jubatus) and slender-snoutcrocodile (Crocodylus cataphractus)trophy from Zimbabwe to enhance thesurvival of the species.PRT–794568Applicant: Eugene Bergholz, Dousman, WI.

The applicant requests a permit toimport a sport-hunted cheetah(Acinonyx jubatus) trophy fromZimbabwe to enhance the survival ofthe species.


PRT–788168Applicant: Wilson Stout, Dallas, TX.

The applicant requests a permit toimport a sport-hunted brown hyena(Hyaena brunnea) trophy from SouthAfrica to enhance the survival of thespecies.PRT–788047Applicant: Hossein Golabchi, Augusta, GA.

The applicant requests a permit toimport a sport-hunted brown hyena(Hyaena brunnea) trophy from SouthAfrica to enhance the survival of thespecies.PRT–788044Applicant: Larry Battarbee, Dallas, TX.

The applicant requests a permit toimport a sport-hunted brown hyena(Hyaena brunnea) trophy from SouthAfrica to enhance the survival of thespecies.PRT–808251Applicant: Lynn F. Greenlee, Canon City, CO.

The applicant requests a permit toimport the sport-hunted trophy of onebontebok (Damaliscus pygarcus dorcas)culled from the captive herd maintainedby Mr. Frank Bowker, Thornkloof,Grahamstown, Republic of South Africa,for the purpose of enhancement of thesurvival of the species.PRT–808253Applicant: Kenneth Moberg, Canon City, CO.

The applicant requests a permit toimport the sport-hunted trophy of onemale bontebok (Damaliscus pygarcusdorcas) culled from the captive herdmaintained by Frank Bowker,Thornkloof, Grahamstown, Republic ofSouth Africa, for the purpose ofenhancement of the survival of thespecies.PRT–808255Applicant: Duke University Primate Center,

Durham, NC.

The applicant request a permit toimport three male and three female wildBroad-nosed Gentle Lemur (Hapalemursimus) three males and three femalesobtained from Department of Water andForest, Kianjavato, Madagascar for thepurpose of enhancement of the speciesthrough propagation.PRT–808255Applicant: Duke University Primate Center,

Durham, NC.

The applicant request a permit toimport one male and two female wildDiademed sifaka (Propithecus diadema)one male and two female obtained fromDepartment of Water and Forest,Maramize, Madagascar for the purposeof enhancement of the species throughpropagation.

PRT–807797Applicant: Zoological Society of San Diego,

San Diego, CA.

The applicant requests a permit toexport samples from various endangeredand threatened animals to Friedrich-Schiller-University, Jena, Germany forthe purpose of scientific research.

Written data or comments should besubmitted to the Director, U.S. Fish andWildlife Service, Office of ManagementAuthority, 4401 North Fairfax Drive,Room 420(c), Arlington, Virginia 22203and must be received by the Directorwithin 30 days of the date of thispublication.

Documents and other informationsubmitted with these applications areavailable for review, subject to therequirements of the Privacy Act andFreedom of Information Act, by anyparty who submits a written request fora copy of such documents to thefollowing office within 30 days of thedate of publication of this notice: U.S.Fish and Wildlife Service, Office ofManagement Authority, 4401 NorthFairfax Drive, Room 420(c), Arlington,Virginia 22203. Phone: (703/358–2104);FAX: (703/358–2281).

Dated: November 9, 1995.Mary Ellen Amtower,Acting Chief, Branch of Permits Office ofManagement Authority.[FR Doc. 95–28274 Filed 11–15–95; 8:45 am]BILLING CODE 4310–55–P

North American WetlandsConservation Council; MeetingAnnouncement

AGENCY: Fish and Wildlife Service,Department of the Interior.ACTION: Notice of meeting.

SUMMARY: The North AmericanWetlands Conservation Council(Council) will meet on December 14 toreview proposals for funding submittedpursuant to the North AmericanWetlands Conservation Act. Uponcompletion of the Council’s review,proposals will be submitted to theMigratory Bird ConservationCommission with recommendations forfunding. The meeting is open to thepublic.DATES: December 14, 1995, 9:00 A.M.ADDRESSES: The meeting will be held inMerida, Yucatan, Mexico, at a locationyet to be determined. The NorthAmerican Wetlands ConservationCouncil Coordinator is located at U.S.Fish and Wildlife Service, ArlingtonSquare Building, 4401 N. Fairfax Drive,Suite 110, Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT:

Byron K. Williams, Coordinator, NorthAmerican Wetlands ConservationCouncil, (703) 358–1784.

SUPPLEMENTARY INFORMATION: Inaccordance with the North AmericanWetlands Conservation Act (P.L. 101–233, 103 Stat. 1968, December 13, 1989,as amended), the North AmericanWetlands Conservation Council is aFederal-State-Private body which meetsto consider wetland acquisition,restoration, enhancement andmanagement projects forrecommendation to and final approvalby the Migratory Bird ConservationCommission. Proposals from State andprivate sponsors require a minimum of50 percent non-Federal matching funds.

Dated: November 9, 1995.John G. Rogers,Director, U.S. Fish and Wildlife Service.[FR Doc. 95–28314 Filed 11–15–95; 8:45 am]BILLING CODE 4310–55–M

INTERSTATE COMMERCECOMMISSION

Availability of EnvironmentalAssessments

Pursuant to 42 U.S.C. 4332, theCommission has prepared and madeavailable environmental assessments forthe proceedings listed below. Datesenvironmental assessments are availableare listed below for each individualproceeding.

To obtain copies of theseenvironmental assessments contact Ms.Tawanna Glover-Sanders, InterstateCommerce Commission, Section ofEnvironmental Analysis, Room 3219,Washington, DC 20423, (202) 927–6203.

Comments on the followingassessment are due 15 days after thedate of availability:

None

Comments on the followingassessment are due 30 days after thedate of availability:

AB–6 (SUB-NO. 371X), BurlingtonNorthern Railroad CompanyAbandonment between Shickley andBlue Hill, In Clay, Fillmore, Nuckollsand Webster Counties, Nebraska

Vernon A. Williams,Secretary.[FR Doc. 95–28303 Filed 11–15–95; 8:45 am]BILLING CODE 7035–01–P


1 AVR will operate these lines along the southshore of the Allegheny River, crossing the river onConrail’s former Brilliant Branch and terminatingwhen it joins Conrail’s track on the north shore ofthe Allegheny River. Interchange between Conrailand AVR will take place in Conrail’s Island AvenueYard by way of operating rights granted to AVRbetween the south end of the Brilliant Branch(Conrail’s ‘‘CP Home’’) and Island Avenue Yard.

1 In prior filings with the Commission, thedistribution of ownership of CCIR was representedas 14 percent each for Phillip C. and Dennis E.Larson and 72 percent for Russell A. Peterson. Thechange in distribution indicated in this filingoccurred on October 11, 1995, as a function of theshareholders agreement among the affected parties.

2 Notice of a continuance in control was given bythe Commission in Russell A. Peterson—Continuance in Control Exemption—Gulf Coast RailService, Inc. d/b/a Orange Port Terminal Railway,Finance Docket No. 32782 (ICC served Oct. 20,1995).

[Finance Docket No. 32783]

Allegheny Valley Railroad Company;Acquisition and Operation Exemption;Certain Lines of Consolidated RailCorporation

Allegheny Valley Railroad Company(AVR), a noncarrier, has filed a notice ofexemption to acquire and operateapproximately 22.65 miles of rail lineowned by Consolidated RailCorporation (Conrail), betweenPittsburgh and Arnold, in Alleghenyand Westmoreland Counties, PA, asfollows: (1) Valley Industrial Track—(a)between milepost 0.3 and milepost 4.7,(b) between milepost 2.7 and milepost13.8, (c) between milepost 1.8 andmilepost 2.7, and (d) between milepost0.7 and milepost 2.3; (2) ColemanSecondary Track—between milepost 0.0and milepost 2.5; (3) Indian RunIndustrial Track—between milepost 0.0and milepost 0.7; (4) Brilliant IndustrialTrack—(a) between milepost 2.3 andmilepost 3.0, and (b) between milepost0.0 and milepost 0.5; and (5) PlumCreek Industrial Track—betweenmilepost 0.0 and milepost 0.25.1Consummation of the proposedtransaction was scheduled to take placeon October 26, 1995.

This transaction is related to asimultaneously filed notice ofexemption in Finance Docket No.32784, Phillip C. Larson, Russell A.Peterson, and Dennis E. Larson—Continuance in Control Exemption—Allegheny Valley Railroad Company, inwhich AVR’s shareholders seek tocontinue in control of AVR, a class IIIshortline railroad, and other, non-contiguous class III shortline railroadswhen AVR becomes a carrier.

Any comments must be filed with theCommission and served on: Dennis E.Larson, P.O. Box 28096, Columbus, OH43228.

This notice is filed under 49 CFR1150.31. If the notice contains false ormisleading information, the exemptionis void ab initio. Petitions to revoke theexemption under 49 U.S.C. 10505(d)may be filed at any time. The filing ofa petition to revoke will notautomatically stay the transaction.

Decided: November 7, 1995.

By the Commission, David M. Konschnik,Director, Office of Proceedings.Vernon A. Williams,Secretary.[FR Doc. 95–28305 Filed 11–15–95; 8:45 am]BILLING CODE 7035–01–P

[Finance Docket No. 32784]

Phillip C. Larson, Russell A. Peterson,and Dennis E. Larson; Continuance inControl Exemption; Allegheny ValleyRailroad Company

Phillip C. Larson, Russell A. Peterson,and Dennis E. Larson have filed a noticeof exemption to continue in control ofAllegheny Valley Railroad Company(AVR), upon AVR becoming a class IIIrail carrier. AVR, a noncarrier, hasconcurrently filed a notice of exemptionin Finance Docket No. 32783, AlleghenyValley Railroad Company—Acquisitionand Operation Exemption—CertainLines of Consolidated Rail Corporation,in which AVR seeks to acquire andoperate approximately 22.65 miles ofrail line owned by Consolidated RailCorporation between Pittsburgh andArnold, in Allegheny andWestmoreland Counties, PA. The partiesintended to consummate thistransaction on October 26, 1995.

The above individuals also controlthrough stock ownership two othernonconnecting class III rail carriers:Camp Chase Industrial RailroadCorporation (CCIR), operating in Ohio,and Southwest Pennsylvania RailroadCompany (SWP), operating inPennsylvania. The shareholders’ownership in CCIR is 16 percent eachfor Phillip C. and Dennis E. Larson and68 percent for Russell A. Peterson; 1 thestock ownership in SWP is 50.2 percentfor Russell A. Peterson and 24.9 percenteach for Phillip C. and Dennis E. Larson.The individuals jointly own 100 percentof the shares of AVR.

Also, Russell A. Peterson owns 331⁄3percent of the shares in another class IIIrail carrier, Gulf Coast Rail Service, Inc.d/b/a Orange Port Terminal Railway(OPTR), which operates in Texas. Twoother parties who are not related to thistransaction own the remainder of thestock of OPTR.2

The parties state that: (1) Therailroads will not connect with eachother or with any railroads in theircorporate family; (2) the continuance incontrol is not part of a series ofanticipated transactions that wouldconnect the railroads with each other orany railroad in their corporate family;and (3) the transaction does not involvea class I carrier. The transaction istherefore exempt from the priorapproval requirements of 49 U.S.C.11343. See 49 CFR 1180.2(d)(2).

As a condition to use of thisexemption, any employees affected bythe transaction will be protected by theconditions set forth in New York DockRy.—Control—Brooklyn Eastern Dist.,360 I.C.C. 60 (1979).

Petitions to revoke the exemptionunder 49 U.S.C. 10505(d) may be filedat any time. The filing of a petition torevoke will not automatically stay thetransaction. Pleadings must be filedwith the Commission and served on:Dennis E. Larson, P.O. Box 28096,Columbus, OH 43228.

Decided: November 7, 1995.By the Commission, David M. Konschnik,

Director, Office of Proceedings.Vernon A. Williams,Secretary.[FR Doc. 95–28304 Filed 11–15–95; 8:45 am]BILLING CODE 7035–01–P

DEPARTMENT OF LABOR

Bureau of Labor Statistics

Labor Research Advisory Council;Meetings and Agenda

The Fall meetings of committees ofthe Labor Research Advisory Councilwill be held on November 28, 29, and30. All of the meetings will be held inthe Conference Center of the PostalSquare Building (PSB), 2 MassachusettsAvenue, N.E., Washington, D.C.

The Labor Research Advisory Counciland its committees advise the Bureau ofLabor Statistics with respect to technicalmatters associated with the Bureau’sprograms. Membership consists ofunion research directors and staffmembers. The schedule and agenda ofthe meetings are as follows:

Tuesday, November 28, 1995

9:30 a.m.—Committee on Wages andIndustrial Relations—Meeting Rooms 9and 10, PSB

1. Update on COMP20002. Highlights from the Temporary Help

Service Workers Release3. Highlights from the Employee

Benefits Survey of Small


Establishments, and State and LocalGovernments

4. Other business

1:00 p.m.—Committee on OccupationalSafety and Health Statistics—MeetingRooms 9 and 10, PSB

1. Review 1993 Survey of OccupationalInjuries and Illnesses Bulletin tables

2. Discuss user access to occupationalsafety and health statistics

3. Review 1994 Census of FatalOccupational Injuries data

4. Discuss combining case anddemographic data across years

5. FY 1996 budget for the OccupationalSafety and Health program

Wednesday, November 29, 1995

9:30 a.m.—Committee on Prices andLiving Conditions—Meeting Rooms 9and 10, PSB

1. Consumer Price Index update2. Producer Price Index3. Other business

1:00 p.m.—Committee on Productivity,Technology and Growth—MeetingRooms 9 and 10, PSB

1. Discussion of the new BLS 1994–2005projections

2. Report on recent developments in theOffice of Productivity andTechnology

3. Measurement of productivity growthin U.S. manufacturing

Committee on Foreign Labor Statistics

1. International comparisons ofunemployment indicators: trendsand levels

2. Comparison of multifactorproductivity growth inmanufacturing in the U.S., Germanyand France


9:30 a.m.—Committee on Employmentand Unemployment Statistics—MeetingRooms 9 and 10, PSB

1. Current Employment Statisticsredesign issues

2. BLS and the new workforcelegislation

3. New directions in the Mass LayoffStatistics Program

4. National Wage Record Database5. Alternative measures of

unemploymentThe meetings are open to the public.

Persons planning to attend thesemeetings as observers may want tocontact Wilhelmina Abner on (AreaCode 202) 606–5970.

Signed at Washington, D.C. this 9th day ofNovember 1995.Katharine G. Abraham,Commissioner.[FR Doc. 95–28300 Filed 11–15–95; 8:45 am]BILLING CODE 4510–24–M

Employment and TrainingAdministration

[TA–W–31,463D]

Brown Shoe Co./Brown Group, Inc.,Charleston, MO; Amended CertificationRegarding Eligibility To Apply forWorker Adjustment Assistance

In accordance with section 223 of theTrade Act of 1974 (19 USC 2273) theDepartment of Labor issued aCertification of Eligibility to Apply forWorker Adjustment Assistance onOctober 19, 1995, applicable to allworkers at Brown Shoe Company/Brown Group, Incorporated located inCharleston, Missouri. The notice willsoon be published in the FederalRegister.

The Department reviewed thecertification for workers of the subjectfirm. The findings show that on March15, 1994, the Department issued acertification, petition number TA–W–29,481, to all workers at the subjectfirm. To avoid overlap in workercoverage under these certifications theDepartment is amending the impact datefor TA–W–31,463D.

The amended notice applicable toTA–W–31,463D is hereby issued asfollows:

All workers of Brown Shoe Company/Brown Group, Incorporated, Charleston,Missouri who became totally or partiallyseparated from employment on or afterMarch 15, 1996 are eligible to apply foradjustment assistance under Section 223 ofthe Trade Act of 1974.

Signed at Washington, DC, this 31st day ofOctober 1995.Russell T. Kile,Acting Program Manager, Policy andReemployment Services, Office of TradeAdjustment Assistance.[FR Doc. 95–28257 Filed 11–15–95; 8:45 am]BILLING CODE 4510–30–M

[TA–W–31,462]

Brown Shoe Company/Brown Group,Inc., St. Louis, Missouri, Except theJeff-Vander-Lou Plant; AmendedCertification Regarding Eligibility ToApply for Worker AdjustmentAssistance

In accordance with section 223 of theTrade Act of 1974 (19 USC 2273) theDepartment of Labor issued a

Certification of Eligibility to Apply forWorker Adjustment Assistance onOctober 19, 1995, applicable to allworkers at Brown Shoe Company/Brown Group, Incorporated located inSt., Louis, Missouri. The notice willsoon be published in the FederalRegister.

The Department reviewed thecertification for workers of the subjectfirm. The findings show that on May 19,1995, the Department issued acertification, petition number TA–W–30,947, to all workers of Brown ShoeCompany, Jeff-Vander-Lou Plant in St.Louis. To avoid overlap in workercoverage, the Department is amendingthe most recent certification to excludethe workers of the Jeff-Vander-LouPlant.

The amended notice applicable toTA–W–31,462 is hereby issued asfollows:

All workers of Brown Shoe Company/Brown Group, Incorporated, except the Jeff-Vander-Lou Plant, St. Louis, Missouri whobecame totally or partially separated fromemployment on or after September 12, 1994are eligible to apply for adjustment assistanceunder section 223 of the Trade Act of 1974.

Signed at Washington, DC, this 31st day ofOctober 1995.Russell T. Kile,Acting Program Manager, Policy andReemployment Services, Office of TradeAdjustment Assistance.[FR Doc. 95–28263 Filed 11–15–95; 8:45 am]BILLING CODE 4510–30–M

[TA–W–31, 395

Great American Knitting Mills,Scotland Neck, NC; Termination ofInvestigation

Pursuant to section 221 of the TradeAct of 1974, an investigation wasinitiated on September 5, 1995 inresponse to a worker petition which wasfiled on September 5, 1995 on behalf ofworkers at Great American KnittingMills, Scotland Neck, North Carolina.

An active certification covering thepetitioning group of workers remains ineffect (TA–W–31,529). Consequently,further investigation in this case wouldserve no purpose, and the investigationhas been terminated.

Signed in Washington, DC., this 3rd day ofNovember, 1995Russell T. Kile,Acting Program Manger, Policy andReemployment Services, Office of TradeAdjustment Assistance.[FR Doc. 95–28262 Filed 11–15–95; 8:45 am]BILLING CODE 4510–30–M


[TA–W–31,341]

J. Hertling and Company, Inc.;Brooklyn, NY; Amended CertificationRegarding Eligibility To Apply forWorker Adjustment Assistance

In accordance with section 223 of theTrade Act of 1974 (19 USC 2273) theDepartment of Labor issued aCertification of Eligibility to Apply forWorker Adjustment Assistance onOctober 13, 1995, applicable to allworkers of J. Hertling and Company,Incorporated, located in Brooklyn, NewYork. The notice was published in theFederal Register on October 27, 1995(60 FR 55064).

At the request of the State Agency, theDepartment reviewed the certificationfor workers of the subject firm. Newinformation provided by the Stateshows that some of the workers at J.Hertling had their unemploymentinsurance (UI) taxes paid to HertlingIndustries, Morris Hertling Inc., andMorrison Mfg. Co., Inc. Accordingly, theDepartment is amending thecertification to properly reflect thismatter.

The intent of the Department’scertification is to include all workers ofthe subject firm who were adverselyaffected by increased imports of men’sapparel.


‘‘All workers of J. Hertling and Company,Incorporated, a/k/a Hertling Industries, a/k/aMorris Hertling, Inc., and a/k/a MorrisonMfg. Co., Inc., Brooklyn, New York whobecame totally or partially separated fromemployment on or after August 1, 1994 areeligible to apply for adjustment assistanceunder section 223 of the Trade Act of 1974.’’

Signed at Washington, DC, this 6th day ofNovember 1995.Russell T. Kile,Acting Program Manager, Policy andReemployment Services, Office of TradeAdjustment Assistance.[FR Doc. 95–28260 Filed 11–15–95; 8:45 am]BILLING CODE 4510–30–M

TA–W–31,162]

Bergstein Oilfield Services, Inc.;Andrews, TX; Amended CertificationRegarding Eligibility To Apply forWorker Adjustment Assistance

In accordance with section 223 of theTrade Act of 1974 (19 U.S.C. 2273) theDepartment of Labor issued aCertification of Eligibility to Apply forWorker Adjustment Assistance onAugust 9, 1995, applicable to allworkers of Bergstein Oilfield Services,Incorporated, now known as S&E

Oilfield Services, Incorporated locatedin Andrews, Texas. The notice waspublished in the Federal Register onAugust 24, 1995 (60 FR 44079).

At the request of the State Agency, theDepartment reviewed the certificationfor workers of the subject firm. Newinformation provided by the Stateshows that some of the workers atBergstein Oilfield had theirunemployment insurance (UI) taxespaid to D S W & T Services,Incorporated. Accordingly, theDepartment is amending thecertification to properly reflect thismatter.

The intent of the Department’scertification is to include all workers ofthe subject firm who were adverselyaffected by increased imports of crudeoil.


‘‘All workers of Bergstein Oilfield Services,Incorporated, a/k/a D S W & T Services,Incorporated, and now known as S&EOilfield Services, Incorporated, Andrews,Texas who became totally or partiallyseparated from employment on or after May10, 1994 are eligible to apply for adjustmentassistance under Section 223 of the Trade Actof 1974.’’


Job Corps: Preliminary Finding of NoSignificant Impact (FONSI) for the NewJob Corps Center on the Loring AFBin Caribou, ME

AGENCY: Employment and TrainingAdministration, Labor.ACTION: Preliminary Finding of NoSignificant Impact (FONSI) for the NewJob Corps Center on Loring AFB.

SUMMARY: Pursuant to the Council onEnvironmental Quality Regulations (40CFR part 1500–08) implementingprocedural provisions of the NationalEnvironmental Policy Act (NEPA), theDepartment of Labor, Employment andTraining Administration, Office of JobCorps, in accordance with 29 CFR11.11(d), gives notice that anEnvironmental Assessment (EA) hasbeen prepared and the proposed plansfor the new Loring AFB Job CorpsCenter will have no significantenvironmental impact, and thisPreliminary Finding of No SignificantImpact (FONSI) will be made available

for public review and comment for aperiod of 30 days.DATES: Comments must be submitted byDecember 18, 1995.ADDRESSES: Any comment(s) are to besubmitted to Amy Knight, Employmentand Training Administration,Department of Labor, 200 ConstitutionAve., NW., Washington, DC 20210,(202)219–5468.FOR FURTHER INFORMATION CONTACT:Copies of the EA and additionalinformation are available to interestedparties by contacting Albert Glastetter,Director, Region I (One), Office of JobCorps, One Congress Street, 11th Floor,Boston, Massachusetts, 02114,(617)565–2167.SUPPLEMENTARY INFORMATION: Theproposed site, located in ten existingbuildings on the Loring AFB, iscomprised of approximately 30 acres.The site is part of the larger AFBcomplex which consists ofapproximately 8,317 acres, but which isto be down-sized pursuant to findings ofthe Defense Base Realignment andClosure Commission. Loring AFB hasserved in its military role since 1917.The proposed site is bordered by TexasRoad to the north, Georgia Road to theeast, Weinman Road to the south, andCupp Road to the west.

The proposed Job Corps Center isdesigned to accommodate 392 full-timestudents with dormitories, educational/vocational facilities, food servicefacilities, medical/dental facilities,recreational facilities, administrativeoffices, storage and support.Approximately 268,759 gross square feetin the existing buildings will berehabilitated, with the addition of 5,940gross square feet of new structure. Theproposed project is designed to beconstructed in accordance with the localfire, building, and zoning coderequirements.

The site is located in a rural settingwith open space extending in alldirections. To the west, across CuppRoad, there is a substantial ten-acrewetland, while to the south there is alarge wooded area. Outdoor recreationalfacilities include nearby baseball andsoftball fields, tennis courts, basketballcourts, a running track, and walkingtrails.

The new facilities associated with theJob Corps will make use of an existingroadway and infrastructure such aswater and sewer lines, telephone poles,and stormwater drainage systems. Theproposed building rehabilitationprogram will include the propermitigation of all asbestos materials andlead-based paint, where necessary.Underground storage tanks and


contaminated soils resulting from earlierfuel oil spills will be completed by theAir Force prior to Job Corps startup.

Conversion of this part of Loring AFBto a Job Corps Center would be apositive asset to the area in terms ofenvironmental and socioeconomicimprovements and long-termproductivity. With the loss of LoringAFB as a significant employer, the Cityof Caribou will face an increaseddemand by its citizens for employmentopportunities. The new Job CorpsCenter will be a new source of suchemployment opportunity. In addition,the Job Corps program, which providesbasic education, vocational skillstraining, work experience, counseling,health care and related support services,is expected to graduate students readyto participate in the local economy andelsewhere.

The proposed project will not haveany significant adverse impact on anynatural system or resource. There are no‘‘historically significant’’ buildings onthe site and no areas of archaeologicalsignificance. There are no threatened orendangered species located on LoringAFB. Surface water, groundwater,woodlands, and wetlands would not beadversely affected because therehabilitation, construction, andoperational activities associated withthe proposed project do not representany increased significant change fromthe historical use of the site as aresidential area with support facilities.The base-wide remediation ofcontamination, currently underway bythe U.S. Air Force throughout LoringAFB, will minimize impacts fromexisting sources of contamination uponthe natural systems and resources.

Based upon preliminary analyses, nosignificant levels of radon exist on thesite. Analytical data describing theLoring AFB surface water supplydocuments that there are no levels oflead present in the drinking water. Acorrosion protection system in place atthe Loring AFB water treatment plantwill mitigate any excess lead that mayoccur in drinking water supplied to thecenter. An asbestos assessment of theten-building complex has beencompleted. Only one location inBuilding 5904 warranted repair orabatement of asbestos-containing ductinsulation. Mitigation of asbestos-containing duct insulation will beaddressed during rehabilitation. Lead-based paint is believed to exist in threebuildings built prior to 1978. Mitigationmeasures will take place if thedesignated use of the building sowarrants.

The proposed project will not haveany significant adverse impact upon air

quality, noise levels, and lighting. Airquality is good in the area and theproposed project would not be a sourceof air emissions. Noise levels in the areaare consistent with rural/suburban areasand, with the exception of theconstruction period, the proposedproject will not be a source of additionalnoise. Finally, street lights for theproposed project will be modified in thefinal design, if necessary, to ensurelevels of illumination consistent withthe utilization needs.

The proposed project will not haveany significant adverse impacts uponthe existing infrastructure representedby water, sewer, and stormwatersystems. Adequate water is available tothe site through the Loring AFB watersupply system. Stormwater runoff isaccommodated by an existing sewersystem. The separate sanitary sewercollection system is in place and isdeemed to be adequate. Wastewatertreatment will be achieved at the nearbyLoring AFB wastewater treatment planton Sawyer Road. The treatment plant isoperating under an existing NPDESpermit and has been meeting itsdischarge limits.

The proposed site is surrounded byelectrical power to its boundaries andan adequate distribution system on site.New distribution systems would not berequired. The proposed demands onelectric power are not expected to havea significant adverse affect on theenvironment. Similarly, traffic behaviorpatterns are not expected to change asa result of the proposed project.Adequate levels of service would besustained at all intersections on the baseand off on local access roads, so nosignificant adverse affects are expected.

There will be no significant adverseaffects upon local medical, emergency,fire and police facilities, all of which arelocated in the towns of Limestone,Caribou, Fort Fairfield, and Presque Isle.One Job Corps complex building is to beremodeled, so as to include a newmedical/dental facility to addressnormal demands. The new Job Corpsfacility will be supported by localmedical facilities, including CaryMedical Center in Caribou and thecomplex of regional facilities managedfrom Aroostook Medical Center inPresque Isle. Emergency, fire, and policeservices will be provided through acooperative arrangement with the townsof Limestone, Fort Fairfield, andCaribou.

The proposed project population willnot have a significant adversesociological effect on the surroundingcommunity, which is characterized by adiverse ethnicity, and offers anabundance of recreational, educational

and cultural opportunities. Similarly,the proposed project will not have asignificant adverse affect ondemographic and socioeconomiccharacteristics of the area. Rather, theimplementation of the Job Corps willhelp to fill a void created by the closureof Loring AFB by providing jobs andeducational opportunities for localresidents.

The alternatives considered in thepreparation of the EA were as follows:(1) The ‘‘No Build’’ alternative, (2) the‘‘Alternative Sites’’ alternative, and (3)the ‘‘Continue as Proposed’’ alternative.The ‘‘No Build’’ alternative isconsidered inadequate because it wouldrequire fitting the Job Corps programinto an existing building complex that isill-equipped for its intended use and,due to the age of some buildings,contains old, out-of-date electrical,mechanical, and HVAC systems andpotential sources of environmentalcontamination; e.g., asbestos, lead-basedpaint, contaminated soils. Alternativesites in New York City, New York andCamden, New Jersey were considered bythe Department of Labor for the new JobCorps Center site, but did not meet theminimum selection criteria for locatinga new Job Corp Center. Afterrehabilitating the ten existing buildings,and constructing the one new building,the proposed facilities will be suitablefor their intended purpose in the JobCorps, will be environmentally safe, andwill be consistent with current buildingcodes and safety practices.

Based on the information gatheredduring the preparation of the EA for theDepartment of Labor, Employment andTraining Administration, the Office ofJob Corps finds that the location of a JobCorps Center on the Loring AFB inCaribou, Maine will not create anysignificant adverse impact on theenvironment and, therefore,recommends that the project continue asproposed. The proposed project is notconsidered to be highly controversial.

Dated: at Washington, DC, this 6th day ofNovember, 1995.Mary Silva,Acting Director of Job Corps.[FR Doc. 95–28256 Filed 11–15–95; 8:45 am]BILLING CODE 4510–30–M

[NAFTA—00565]

Jeld-Wen of Bend Including PozziWindow and Bend Door Co.; Bend, OR;Amended Certification RegardingEligibility To Apply for NAFTATransitional Adjustment Assistance

In accordance with section 250(a),subchapter D, chapter 2, title II, of the


Trade Act of 1974, as amended (19 USC2273), the Department of Labor issued aNotice of Certification of Eligibility toApply for NAFTA TransitionalAdjustment Assistance on September22, 1995, applicable to all workers ofJeld-Wen of Bend, located in Bend,Oregon. The notice was published in theFederal Register on October 5, 1995 (60FR 52214).

At the request of the State Agency, theDepartment reviewed the certificationfor workers of the subject firm. Thefindings show that workers of PozziWindow and Bend Door Co. wereinadvertently omitted from thecertification. All manufacturingoperations of Pozzi Window and BendDoor Co. are performed at the Jeld-Wenproduction facility in Bend, Oregon.

The intent of the Department’scertification is to include all workers ofJeld-Wen adversely affected byincreased imports of Canadian andMexican commodity millwork.

The amended notice applicable toNAFTA–00565 is hereby issued asfollows:

‘‘All workers of Jeld-Wen of Bend, PozziWindow and Bend Door Company, BendOregon who became totally or partiallyseparated from employment on or afterAugust 9, 1994 are eligible to apply forNAFTA–TAA under Section 250 of the TradeAct of 1974.’’

Signed at Washington, DC., this 3rd day ofNovember 1995.Russell T. Kile,Acting Program Manager, Policy andReemployment Services, Office of TradeAdjustment Assistance.[FR Doc. 95–28261 Filed 11–15–95; 8:45 am]BILLING CODE 4510–30–M

[NAFTA—00629]

Pacific Personnel, Colville Branch,Colville, WA; Termination ofInvestigation

Pursuant to Title V of the NorthAmerican Free Trade AgreementImplementation Act (Pub. L. 103–182)concerning transitional adjustmentassistance, hereinafter called (NAFTA–TAA), and in accordance with section250(a), subchapter D, chapter 2, title II,of the Trade Act of 1974, as amended(19 USC 2273), an investigation wasinitiated on October 3, 1995 in responseto a petition filed on behalf of workersat Pacific Personnel, Colville Branchlocated in Colville, Washington. Theworkers produce lumber products forVaagen Brothers Lumber Inc.

The petitioning group of workers arecovered under an existing NAFTAcertification (NAFTA–00537).Consequently, further investigation in

this case would serve no purpose, andthe investigation has been terminated.


[NAFTA—00630]

Pacific Personnel, Colville Branch,Colville, WA; Termination ofInvestigation

Pursuant to Title V of the NorthAmerican Free Trade AgreementImplementation Act (Pub. L. 103–182)concerning transitional adjustmentassistance, hereinafter called (NAFTA–TAA), and in accordance with section250(a), subchapter D, chapter 2, title II,of the Trade Act of 1974, as amended(19 USC 2273), an investigation wasinitiated on October 3, 1995 in responseto a petition filed on behalf of workersat Pacific Personnel, Colville Branchlocated in Colville, Washington. Theworkers produce lumber products forJohn Chopot Lumber CompanyIncorporated.

The petitioning group of workers arecovered under an existing NAFTAcertification (NAFTA–00517).Consequently, further investigation inthis case would serve no purpose, andthe investigation has been terminated.


Occupational Health and SafetyAdministration

Proposed Information CollectionRequest Submitted for PublicComment and Recommendations;Permissible Exposure Limits SiteVisits

ACTION: Notice.

SUMMARY: The Department of Labor, aspart of its continuing effort to reducepaperwork and respondent burden,conducts a preclearance consultationprogram to provide the general publicand Federal agencies with anopportunity to comment on proposedand/or continuing collections ofinformation in accordance with the

Paperwork Reduction Act of 1995(PRA95) (44 U.S.C. 3506(c)(2)(A). Thisprogram helps to ensure that requesteddata can be provided in the desiredformat, reporting burden (time andfinancial resources) is minimized,collection instruments are clearlyunderstood, and the impact of collectionrequirements on respondents can beproperly assessed. Currently, theOccupational Safety and HealthAdministration is soliciting commentsconcerning the proposed new collectionof information to develop the economicanalysis for a Permissible ExposureLimit (PEL) rulemaking that the Agencyis undertaking.DATES: Written comments must besubmitted on or before January 16, 1996.The Department of Labor is particularlyinterested in comments that:evaluate whether the proposed collection ofinformation is necessary for the properperformance of the functions of the agency,including whether the information will havepractical utility;evaluate the accuracy of the agency’sestimate of the burden of the proposedcollection of information, including thevalidity of the methodology and assumptionsused;enhance the quality, utility, and clarity of theinformation to be collected; andminimize the burden of the collection ofinformation on those who are to respond,including the use of appropriate automated,electronic, mechanical, or other technologicalcollection techniques or other forms ofinformation technology e.g., permittingelectronic submissions of responses.

ADDRESSES: Comments are to besubmitted to the Docket Office, DocketNo. ICR–95–1, U.S. Department ofLabor, Room N–2625, 200 ConstitutionAve, N.W., Washington, D.C. 20010,telephone (202) 219–7894 (not a toll-freenumber). Written comments of 10 pagesor less may also be transmitted byfacsimile to (202) 219–5046.


I. BackgroundThe Agency proposed new

permissible exposure limits (PELs) formore than 400 substances of 1988 (53FR No. 109, June 7, 1989). Final PELsfor these substances were published in1989 (54 FR No. 12, January 19, 1989).The United States Court of Appeals,Eleventh Circuit, vacated the standardon July 7, 1992, stating that OSHA hadnot met its burden of establishing thatthe new exposure limits were eithereconomically or technologicallyfeasible; that existing limits presented asignificant risk of material healthimpairment; or that the new limitswould eliminate or substantially reducethe risk. OSHA has begun a new


rulemaking effort to meet the burdensimposed by the Court. This rulemakingwill set new PELs for fewer chemicalsubstances than the original 1988–89effort. To determine economic andtechnological feasibility for thesesubstances, the Agency proposes togather information from affectedindustries and other sources. TheAgency proposes to conduct as many as50 site visits to affected employers andto contact and interview by phone asmany as 200 firms, trade associations,labor organizations, or experts.

II. Current ActionsThe proposed collection of

information consists of site visits to asmany as 50 establishments withinindustries affected by the proposedstandard and phone interviews with asmany as 200 employers, tradeassociations, labor organizations, orexperts in the field. Information to besought by these site visits will consist ofidentifying processes that haveexposures to the PEL substances; adescription of the productiontechnology, controls, and occupations ofeach process; occupational exposurelevels of employees at those processes;potential new technologies or controlsthat may reduce exposures; estimates ofcosts of current technology as well astechnology that could reduce exposurelevels; other means used to control orreduce exposure levels such asadministrative controls or workpractices.

Type of Review: New.Agency: Occupational Health and

Safety Administration.Title: Permissible Exposure Limit Site

Visits.OMB Number: None.Agency Number: ICR–95–1.Frequency: Once.Affected Public: Private businesses,

state and federal government.Number of Respondents: 250.Estimated time per Respondent: 30

hours, on average, for site visits; 1 houron average for phone interviews.

Total Estimated Cost: $85,000.For Further Information Contact:

Anne C. Cyr, Acting Director, Office ofInformation and Consumer Affairs,Occupational Safety and HealthAdministration, U.S. Department ofLabor, Room N–3647, 200 ConstitutionAve., NW., Washington, DC 20210.Telephone (202) 219–8148. Copies ofthe information collection request areavailable for inspection and copying inthe Docket Office and will beimmediately mailed to persons whorequest copies by telephoning VivianAllen at (202) 219–8076. For electroniccopies, contact the Labor News bulletin

Board (202) 219–4784; or OSHA’sWebPage on Internet at http://www.osha.gov/.

Dated: November 9, 1995.Marthe Kent,Director, Office of Regulatory Analysis,Directorate of Policy, Occupational Safetyand Health Administration, U.S. Departmentof Labor.

Collection of information sought byOSHA for each substance in theproposed permissible exposure limitrulemaking:

1. Identification of processes oroperations that may result in exposuresto employees.

2. A description of the productionprocess, its technology, and controltechnology.

3. A description of activities byoccupation that result in workerexposures. How are employees exposed?During what work activities? What isthe length and frequency of exposure?

4. How many employees work in eachprocess with exposures to the substancein question? How many employees arein each occupation at that process?

5. What data is available of exposurelevels of each occupation of the process?Is historical data available?

6. What technology or controls arecapable of reducing exposures? Whatexposure levels could be achieved withother control technologies? Are theresubstitutes for the substance inquestion? Are there other technologiesemployed by the industry?

7. Are there changes in administrativecontrols or work practices that couldaffect employee exposures?

8. Estimates of the cost of the variousmeans of reducing occupationalexposure levels. Estimates of the cost ofcurrent controls.

9. General information from theestablishment on number of employees,number of production employees,products and production levels.

10. Information about the technology,controls, and exposures for the rest ofthe industry.

11. What are the economic benefits ofinstalling production technology thatreduces exposures?

[FR Doc. 95–28301 Filed 11–15–95; 8:45 am]BILLING CODE 4510–26–M

NATIONAL MEDIATION BOARD

Proposed Information CollectionRequest Submitted for PublicComment and Recommendations;Application for Mediation Services,and Application for Investigation ofRepresentation Dispute

ACTION: Notice.

SUMMARY: The National MediationBoard, as part of its continuing effort toreduce paperwork and respondentburden, conducts a preclearanceconsultation program to provide thegeneral public and Federal agencieswith an opportunity to comment onproposed and/or continuing collectionsof information in accordance with thePaperwork Reduction Act of 1995(PRA95) (44 U.S.C. 3506(c)(2)(A). Thisprogram helps to ensure that requesteddata can be provided in the desiredformat, reporting burden, (time andfinancial resources) is minimized,collection instruments are clearlyunderstood, and the impact of collectionrequirements on respondents can beproperly assessed. Currently, theNational Mediation Board is solicitingcomments concerning the proposedextension of the Application forMediation Services, and the Applicationfor Investigation of RepresentationDispute.

A copy of the proposed informationcollection request can be obtained bycontacting the employee listed below inthe contact section of this notice.DATES: Written comments must besubmitted on or before January 16, 1996.

Written comments should:• Evaluate whether the proposed

collection of information is necessaryfor the proper performance of thefunctions of the agency, includingwhether the information will havepractical utility;

• Evaluate the accuracy of theAgency’s estimate of the burden of theproposed collection of information,including the validity of themethodology and assumptions used;

• Enhance the quality, utility, andclarity of the information to becollected; and

• Minimize the burden of thecollection of information on those whoare to respond, including through theuse of appropriate automated,electronic, mechanical, or othertechnological collection techniques orother forms of information technology,e.g., permitting electronic submissionsof responses.ADDRESSES: Send comments to Reba F.Streaker, Records Officer, NationalMediation Board, 1301 K Street, NW.,


Suite 250 East, Washington, DC 20672.Telephone No. (202) 523–5627 and FAXNo. (202) 523–1494.


A. Application for Mediation Services,NMB–2

I. BackgroundSection 5, First of the Railway Labor

Act, 45 U.S.C., 155, First, provides thatboth, or either, of the parties to thelabor-management dispute may invokethe mediation services of the NationalMediation Board. Congress hasdetermined that it is in the nation’s bestinterest to provide for Governmentalmediation as the primary disputeresolution mechanism to resolve labor-management disputes in the railroadand airline industries. The RailwayLabor Act is silent as to how theinvocation of mediation is to beaccomplished and the Board has notpromulgated regulations requiring anyspecific vehicle. Nonetheless, 29 CFR1203.1, provides that applications formediation services be made on printedforms which may be secured from theNational Mediation Board. This sectionof the regulations provides thatapplications should be submitted induplicate, show the exact nature of thedispute, the number of employeesinvolved, name of the carrier and nameof the labor organization, date ofagreement between the parties, date andcopy of notice served by the invokingparty to the other and date of finalconference between the parties. Theapplication should be signed by thehighest officer of the carrier who hasbeen designated to handle disputesunder the Railway Labor Act or by thechief executive of the labororganization, whichever party files theapplication.

II. Current ActionsThe extension of this form is

necessary considering the informationprovided by the parties is used by theBoard to structure a mediation processthat will be productive to the partiesand result in a settlement without resortto strike or lockout. The Board has beenvery successful in resolving labordisputes in the railroad and airlineindustries. Approximately 97 percent ofall labor disputes we have handledsince 1934 have been resolved withouta strike. This success ratio wouldpossibly be reduced if the Board wasunable to collect the brief informationthat it does in the application formediation services.

Type of Review: Extension of theexpiration date of a currently approvedcollection without any change in the

substance or in the method ofcollection.

Agency: National Mediation Board.Title of Form: Application for

Mediation Services.OMB Number: 3140–0001.Agency Number: NMB–2.Frequency: Daily.Affected Public: Carrier and Union

Officials, and employees of railroadsand airlines.

Number of Respondents: 123annually.

Estimated Time Per Respondent: Theburden on the parties is minimal incompleting the Application forMediation Services. There is noimproved technological method forobtaining this information.

Total Estimated Cost: $1040.00.Total Burden Hours: 43.

B. Application for Investigation ofRepresentation Dispute, NMB–3

I. Background

Section 2, Fourth of the RailwayLabor Act, 45 U.S.C. 152, Fourth,provides that railroad and airlineemployees shall have the right toorganize and bargain collectivelythrough representatives of their ownchoosing. When a dispute arises amongthe employees as to who will be theirbargaining representative, the NationalMediation Board is required by Section2, Ninth to investigate the dispute, todetermine who is the authorizedrepresentative, if any, and to certifysuch representative to the employer.The Board’s duties do not arise until itsservices have been invoked by a partyto the dispute. The Railway Labor Actis silent as to how the invocation of arepresentation dispute is to beaccomplished and the Board has notpromulgated regulations requiring anyspecific vehicle. Nonetheless, 29 CFR1203.2 provides that requests toinvestigate representation disputes maybe made on printed forms NMB–3. Theapplication shows the name ordescription of the craft or classinvolved, the name of the invokingorganization, the name of theorganization currently representing theemployees, if any, and the estimatednumber of employees in the craft orclass involved. This basic information isessential to the Board in that it providesa short description of the particulars ofdispute and the Board can begindetermining what resources will berequired to conduct an investigation.

II. Current Actions

The extension of this form isnecessary considering the information isused by the Board in determining such

matters as how many staff will berequired to conduct an investigation andwhat other resources must be mobilizedto complete our statutoryresponsibilities. Without thisinformation, the Board would have todelay the commencement of theinvestigation, which is contrary to theintent of the Railway Labor Act.

Type of Review: Extension of theexpiration date of a currently approvedcollection without any change in thesubstance or in the method ofcollection.

Agency: National Mediation Board.Title of Forms: Application for

Investigation of Representation Dispute.OMB Number: 3140–002.Agency Number: NMB–3.Frequency: Daily.Affected Public: Union Officials, and

employees of railroads and airlines.Number of Respondents: 68 annually.Estimated Time Per Respondent: The

burden on the parties is minimal incompleting the Application forInvestigation of Representation Dispute.There is no improved technologicalmethod for obtaining this information.

Total Estimated Cost: $517.00.Total Burden Hours: 24.50.Comments submitted in response to

this notice will be summarized and/orincluded in the request for Office ofManagement and Budget approval of theinformation collection request, they willalso become a matter of public record.

Dated: November 9, 1995.Reba Streaker,Records Officer/Paperwork Clearance Officer.[FR Doc. 95–28266 Filed 11–15–95; 8:45 am]BILLING CODE 7550–01–P

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel inAstronomical Sciences (1186); Noticeof Meetings

In accordance with the FederalAdvisory committee Act (Pub L. 92–463,as amended), the National ScienceFoundation announces that the SpecialEmphasis Panel in AstronomicalSciences (1186) will be holding panelmeetings for the purpose of reviewingproposals submitted to the GalacticAstronomy Program in the area ofAstronomical Sciences. In order toreview the large volume of proposals,panel meetings will be held onDecember 5–6(3). All meetings will beclosed to the public and will be held atthe National Science Foundation, 4201Wilson Boulevard, Arlington, Virginia,from 8:30 AM to 5:00 PM each day.

Contact Person: Dr. Vernon L.Pankonin, Program Director, Galactic


Astronomy, Division of AstronomicalSciences, National Science Foundation,Room 1045, 4201 Wilson Boulevard,Arlington, VA 22230, (703) 306–1826.

Reason for Closing: The proposalsbeing reviewed include information of aproprietary or confidential nature,including technical information,financial data such as salaries, andpersonal information concerningindividuals associated with theproposals. These matters are exemptunder 5 USC 552b(c) (4) and (6) of theGovernment in the Sunshine Act.

Dated: November 13, 1995.M. Rebecca Winkler,Committee Management Officer.[FR Doc. 95–28327 Filed 11–15–95; 8:45 am]BILLING CODE 7888–01–M

Special Emphasis Panel in CrossDisciplinary Activities; Notice ofMeeting

In accordance with the FederalAdvisory Committee Act (Pub. L.920463, as amended), the NationalScience Foundation announces thefollowing meeting.

Name: Special Emphasis Panel in Cross-Disciplinary Activities (#1193).

Date and Time: December 4, 1995 8:30 a.m.to 5:00 p.m.

Place: National Science Foundation, 4201Wilson Boulevard, Arlington, VA 22230Room 1150.

Contact Person(s): T.C. Ting & RitaRodriguez, Program Directors, CISE/OCDA,Room 1160, National Science Foundation,4201 Wilson Boulevard, Arlington, VA22230.

Type of Meeting: Closed.Telephone: (703) 306–1980.Purpose of Meeting: To provide advice and

recommendations concerning proposalssubmitted to NSF for financial support.

Agenda: To review and evaluate CISEResearch Infrastructure proposals as part ofthe selection process for awards.

Reason for Closing: The proposals beingreviewed include information of aproprietary or confidential nature, includingtechnical information; financial data, such assalaries; and personal informationconcerning individuals associated with theproposals. These matters are exempt under 5U.S.C. 552b(c), (4) and (6) of the Governmentin the Sunshine Act.


Special Emphasis Panel in CrossDisciplinary Activities; Notice ofMeeting

In accordance with the FederalAdvisory Committee Act (Pub. L. 92–

463, as amended), the National ScienceFoundation announces the followingmeeting.

Name: Special Emphasis Panel in CrossDisciplinary Activities (#1193).

Date and Time: December 5, 1995; 8:30a.m.–5:00 p.m.

Place: National Science Foundation, 4201Wilson Boulevard, Room 1150 and 1120,Arlington, VA 22230.

Type of Meeting: Closed.Contact Person(s): Harry G. Hedges,

Program Director, CISE/CDA, Room 1160,National Science Foundation, 4201 WilsonBoulevard, Arlington, VA 22230.

Telephone: (703) 306–1980.Purpose of Meeting: To provide advice and

recommendations concerning proposalssubmitted to NSF for financial support.

Agenda: To review and evaluate CISEResearch Experiences for Undergraduatesproposals as part of the selection process forawards.



Special Emphasis Panel in Design,Manufacture, and IndustrialInnovation; Notice of Meeting

In according with the FederalAdvisory Committee Act (Pub L. 92–463, as amended), the National ScienceFoundation announces the followingmeeting:

Name: Special Emphasis Panel in Design,Manufacture, and Industrial Innovation—#1194.

Date and Time: December 8, 1995, 8:00a.m.–5:00 p.m.

Place: Rooms 310, 340, 365, 370, 380, and530, National Science Foundation, 4201Wilson Boulevard, Arlington, VA 22230.

Type of Meeting: Closed.Contact Person: Dr. Warren DeVries and

Dr. Kesh Narayanan, ManufacturingProcesses and Equipment Program, Dr. PiusEgbelu, Operations Research and ProductionSystems Program, Dr. George Hazelrigg andDr. Christina Gabriel, Design and IntegrationEngineering Program, and Mr. WarrenChernock, National Science Foundation,4201 Wilson Boulevard, Arlington, VA22230.

Purpose of Meeting: To provide advice andrecommendations concerning proposalssubmitted to the NSF for financial support.

Agenda: To review and evaluate FacultyEarly Career Development (CAREER)proposals as part of the selection process forawards.

Reasons for Closing: The proposals beingreviewed include information of aproprietary or confidential nature, includingtechnical information, financial data such assalaries, and personal informationconcerning individuals association with theproposals. These matters are exempt under 5USC 552b(c)(4) and (6) of the Government inthe Sunshine Act.

Date: November 13, 1995.M. Rebecca Winkler,Committee Management Officer.[FR Doc. 95–28330 Filed 11–15–95; 8:45 am]BILLING CODE 7555–01–M

Special Emphasis Panel in Geoscience

In accordance with the FederalAdvisory Committee Act (Pub. L. 92–463, as amended), the National ScienceFoundation announces the followingmeeting.

Name: Special Emphasis Panel inGeoscience.

Date and Time: December 8, 1995, 9:00a.m.

Place: Room 730, NSF, 4201 Wilson Blvd.,Arlington, VA 22230.

Type of Meeting: Closed.Contact Person: Richard W. West, National

Science Foundation, 4201 Wilson Blvd.,Arlington, VA 22230. Telephone: (703) 306–1579.

Purpose of Meeting: To provide advice andrecommendations concerning proposalssubmitted to the NSF for financial support.

Agenda: To review and evaluate ShipboardScientific Support Equipment proposals aspart of the selection process for awards.

Reason for Closing: The proposals beingreviewed include information of aproprietary or confidential nature, includingtechnical information; financial data andpersonal information concerning individualsassociated with the proposal. These mattersare exempt under 5 U.S.C. 552b(c), (4) and(6) of the Government in the Sunshine Act.


Special Emphasis Panel in HumanResource Development; Notice ofMeeting


Name and Committee Code: SpecialEmphasis Panel in Human ResourceDevelopment (#1199).

Date and Time: Monday, December 4–Tuesday, December 5, 1995; 8 a.m.–5 p.m.

Place: Room 1235, National ScienceFoundation, 4201 Wilson Blvd., Arlington,VA.


Type of Meeting: Closed.Contact Person: Dr.’s Betty Ruth Jones &

Alexandra King, Program Directors, HRD,Room 815, National Science Foundation,4201 Wilson Blvd., Arlington, VA 22230.Telephone: (703) 306–1633.

Purpose of Meeting: To provide advice andrecommendations concerning proposalssubmitted to NSF for financial support.

Agenda: To review and evaluateComprehensive Partnerships for MinorityStudent Achievement proposals as part of theselection process for awards.






Date and Time: December 4, 5, 7 and 8,1995: 8:30 a.m.–5:00 p.m.

Place: National Science Foundation, 4201Wilson Blvd., Rooms 880, 330 and 370,Arlington, VA.

Type of Meeting: Closed.Contact Person: Dr. William McHenry,

Program Director, Division of HumanResource Development, Room 815, NationalScience Foundation, 4201 Wilson Boulevard,Arlington, VA 22230, (703) 306–1632.


Agenda: To review and evaluate Alliancesfor Minority Participation proposals as partof the selection process for awards.

Reason for Closing: The proposals beingreviewed include information of aproprietary or confidential nature, includingtechnical information; financial data, such assalaries; and personal informationconcerning individuals associated with theproposals. These matters are exempt under 5USC 552b(c), (4) and (6) of the Governmentin the Sunshine Act.





Date and Time: December 6, 1995—8:30a.m.–5:00 p.m.

Place: National Science Foundation, 4201Wilson Blvd., Room 970, Arlington, VA22230.

Type of Meeting: Closed.Contact Person: William McHenry,

National Science Foundation, 4201 WilsonBoulevard, Arlington, VA 22230. Telephone:(703) 306–1632.


Agenda: To review and evaluate Alliancesfor Minority Participation proposals as partof the selection process for awards.





Name: Special Emphasis Panel in HumanResource Development (#1199).

Date and Time: December 7 & 8, 1995—8:30 a.m.–5:00 p.m.

Place: National Science Foundation, 4201Wilson Blvd., Arlington, VA.

Type of Meeting: Closed.Contact Person: Lawrence Scadden & Mary

Kohlerman, National Science Foundation,4201 Wilson Blvd., Arlington, VA 22230.Telephone: (703) 306–1636.


Agenda: To review and evaluate Programsfor Persons with Disabilities proposals as partof the selection process for awards.

Reason for Closing: The proposals beingreviewed include information of aproprietary or confidential nature, including

technical information; financial data, such assalaries; and personal informationconcerning individuals associated with theproposals. These matters are exempt under 5U.S.C. 552b(c), (4) and (6) of the Governmentin the Sunshine Act.


Special Emphasis Panel in InformationRobotics and Intelligent Systems;Notice of Meeting


Name: Special Emphasis Panel inInformation, Robotics and Intelligent Systems(#1200).

Date and Time: December 7–8, 1995, 8:30a.m. to 6:00 p.m.

Place: River Inn, 924 Twenty-Fifth Street,N.W., Washington, D.C. 20037.

Type of Meeting: Closed.Contact Person: Dr. Maria Zemankova,

Acting Deputy Division Director, Roboticsand Intelligence, Room 1115, NationalScience Foundation, 4201 Wilson Blvd.,Arlington, VA 22230. Telephone: (301) 306–1926.


Agenda: To review and evaluate Roboticsand Machine Intelligence proposals as part ofthe selection process for awards.



Special Emphasis Panel inMathematical Sciences; Notice ofMeeting


Name: Special Emphasis Panel inMathematical Sciences.

Date and Time: December 4–6, 1995, 8:30a.m. til 5:00 p.m.


Place: Rooms 340, 380, & 390, NationalScience Foundation, 4201 Wilson Boulevard,Arlington, VA 22230.

Type of Meeting: Closed.Contact Persons: Dr. Stephen Samuels and

Dr. Sallie Keller-McNulty, Program Directors,Room #1025, National Science Foundation,4201 Wilson Boulevard, Arlington, VA22230. Telephone: (703) 306–1870.

Purpose of Meeting: To provide advice toProgram Officers concerning proposalssubmitted to NSF for financial support.

Agenda: To review and evaluate proposalsfor the Statistics and Probability Program, aspart of the selection process for awards.

Reason for Closing: The proposals beingreviewed include information of aproprietary or confidential nature, includingtechnical information; financial data, such assalaries and personal information concerningindividuals associated with the proposals.These matters are exempt under 5 U.S.C.552b(c) (4) and (6) of the Government in theSunshine Act.


Special Emphasis Panel inMathematical Sciences; Notice ofMeeting


Name and Committee Code: SpecialEmphasis Panel in Mathematical Sciences(#1204)

Date and Time: Friday December 8, 1995(8:30 a.m. to 10:00 p.m.).

Place: O’Hare Hilton, O’Hare InternationalAirport, Chicago, IL 60666.

Type of Meeting: Closed.Contact Person: Dr. Keith Crank, Program

Director, Division of Mathematical SciencesRoom #1025 National Science Foundation,4201 Wilson Boulevard, Arlington, VA22230. Telephone: (703) 306–1885.


Agenda: To review and evaluateMathematical Sciences Postdoctoral ResearchFellowship Program nominations/applications as part of the selection processfor awards.



Special Emphasis Panel in PolarPrograms; Notice of Meeting


Name and Committee Code: SpecialEmphasis Panel in Polar Programs. Code(1209).

Date and Time: December 5–6, 1995; 8:30a.m.–5:00 p.m.

Place: National Science Foundation, 4201Wilson Blvd., Arlington, VA 22230, Room770.

Type of Meeting: Closed.Contact Person: Dr. Polly A. Penhale,

Program Manager, OPP, Room 755Telephone: (703) 306–1033.


Agenda: To review and evaluate SouthernOcean Joint Global Ocean Flux (JGOFS)proposals as part of the selection process forawards.



NUCLEAR REGULATORYCOMMISSION

[Docket No. 50–298]

Nebraska Public Power District

Cooper Nuclear Station; EnvironmentalAssessment and Finding of NoSignificant Impact

The U.S. Nuclear RegulatoryCommission (the Commission) isconsidering the issuance of anexemption from certain requirements ofits regulations to Facility OperatingLicense Number DPR–46. This licensewas issued to the Nebraska PublicPower District (the licensee) foroperation of the Cooper Nuclear Station(CNS) located in Nemaha County,Nebraska.

Environmental Assessment

Identification of the Proposed ActionThe proposed exemption would allow

the licensee to reschedule the licensedoperator requalification examinations atCNS until after the current refuelingoutage. The requested exemption wouldextend the completion date for theexaminations from December 22, 1995,until March 15, 1996. In the letter, thelicensee indicated that licensedoperators will continue to participate inthe ongoing requalification trainingprogram, and that by assigning licensedoperators to the outage organization, areduction in overall shutdown riskcould be realized.

The proposed action is in accordancewith the licensee’s application datedOctober 16, 1995, for an exemption fromthe requirements of 10 CFR 55.59.

The Need for the Proposed ActionThe schedular exemption requested

would extend the completion date forthe administration of licensed operatorexaminations for the CNSrequalification program from December22, 1995, to March 15, 1996. This wouldmove the examination period outsidethe current refueling outage, therebyallowing the assignment of licensedoperators to refueling outageorganization positions. The increasedoversight of outage activities providedby the licensed operators would resultin better shutdown risk managementand provide a net benefit with regard toplant safety.

Environmental Impacts of the ProposedAction

The Commission has completed itsevaluation of the licensee’s request. Theproposed exemption does not changethe requirements for licensed operatortraining, as licensed operators at CNSwill continue to participate in theongoing requalification training programthroughout the extension period. Theaffected licensed operators willcontinue to demonstrate and possess therequired levels of knowledge, skills, andabilities needed to safely operate theplant. The proposed exemption wouldnot change the existing CNS safetylimits, safety settings, power operations,or effluent limits. The proposedexemption would allow increasedoversight by licensed operators ofoutage activities with a resulting netbenefit to safety.

The change will not increase theprobability or consequences ofaccidents, no changes are being made inthe types of any effluents that may bereleased offsite, and there is nosignificant increase in the allowable


individual or cumulative occupationalradiation exposure. Accordingly, theCommission concludes that there are nosignificant radiological environmentalimpacts associated with the proposedaction.

With regard to potentialnonradiological impacts, the proposedaction does involve features locatedentirely within the restricted area asdefined in 10 CFR Part 20. It does notaffect nonradiological plant effluentsand has no other environmental impact.Accordingly, the Commission concludesthat there are no significantnonradiological environmental impactsassociated with the proposed action.

Alternatives to the Proposed ActionSince the Commission has concluded

that there is no measurableenvironmental impact associated withthe proposed action, any alternativeswith equal or greater environmentalimpact need not be evaluated. As analternative to the proposed action, thestaff considered denial of the requestedexemption. Denial of the applicationwould result in no change in currentenvironmental impacts. Theenvironmental impacts of the proposedaction and the alternative action aresimilar, but the proposed action couldalso result in a reduction in overallshutdown risk at CNS.

Alternative Use of ResourcesThis action does not involve the use

of any resources not previouslyconsidered in the Final EnvironmentalStatement for the Cooper NuclearStation dated February 1973.

Agencies and Persons ConsultedIn accordance with its stated policy,

on November 3, 1995, the staffconsulted with the Nebraska Stateofficial, Ms. Cheryl Rogers, NebraskaDepartment of Health, regarding theenvironmental impact of the proposedaction. The State official had nocomments.

Finding of No Significant ImpactBased upon the environmental

assessment, the Commission concludesthat the proposed action will not havea significant effect on the quality of thehuman environment. Accordingly, theCommission has determined not toprepare an environmental impactstatement for the proposed action.

For further details with respect to thisaction, see the licensee’s request for anexemption dated October 16, 1995,which is available for public inspectionat the Commission’s Public DocumentRoom, The Gelman Building, 2120 LStreet, NW., Washington, DC, and at the

local public document room located atthe Auburn Public Library, 118 15thStreet, Auburn, Nebraska 68305.

Dated at Rockville, Maryland, this 9th dayof November, 1995.

For the Nuclear Regulatory Commission.James R. Hall,Senior Project Manager, Project DirectorateIV–1, Division of Reactor Projects III/IV, Officeof Nuclear Reactor Regulation.[FR Doc. 95–28310 Filed 11–15–95; 8:45 am]BILLING CODE 7590–1–P

[Docket No. 50–352]

Philadelphia Electric Company,Limerick Generating Station, Unit 1;Environmental Assessment andFinding of No Significant Impact

The U.S. Nuclear RegulatoryCommission (the Commission) isconsidering issuance of an exemptionfrom the requirements of 10 CFR Part50, Appendix J (hereafter referred to asAppendix J) to Facility OperatingLicense No. NPF–39 issued toPhiladelphia Electric Company (thelicensee), for operation of the LimerickGenerating Station (LGS), Unit 1,located at the licensee’s site in Chesterand Montgomery Counties,Pennsylvania.

Environmental Assessment

Identification of the Proposed ActionThe proposed action would allow an

exemption from Appendix J, SectionIII.D.1.(a), which requires a set of threeType A tests (i.e., ContainmentIntegrated Leakage Rate Test) to beperformed at approximately equalintervals during each 10-year serviceperiod and specifies that the third testof each set be conducted when the plantis shutdown for the 10-year inserviceinspection (ISI). The exemption wouldallow a one-time test interval extensionfrom the current scheduled 62 monthsto approximately 89 months. It shouldalso be noted that the licenseepreviously was granted a similarexemption on February 8, 1994 (59 FR5758). This 1994 exemption allowed thelicensee to perform it’s third Type A testduring the 10-year plant ISI refuelingoutage by extending the test interval 15months. The licensee requested that thecurrent exemption request supersedethe previously granted exemption.

The proposed action is in accordancewith the licensee’s application forexemption dated June 20, 1995.

The Need for the Proposed ActionThe proposed action is needed to

allow the licensee to realize cost savingsand reduced worker radiation exposure.

Subsequent to the licensee’s submittal,a rulemaking was completed (see 60 FR49495 September 26, 1995), whichallows the Type A test to be performedat intervals up to once every 10 years(the actual period is based on historicalperformance of the containment).However, because the licensee’s outageis scheduled to begin in January 1996,there is insufficient time for the licenseeto implement the amended rule prior tothe start of the outage.

Environmental Impacts of the ProposedAction

The Commission has completed itsevaluation of the proposed exemptionand concludes that this action wouldnot significantly increase the probabilityor amount of expected primarycontainment leakage; hence, thecontainment integrity would bemaintained. The current requirement inSection III.D.1.(a) of Appendix J toperform the three Type A tests wouldcontinue to be met, except that the timeinterval between the second and thirdtype A tests would be extended toapproximately 89 months.

The licensee has analyzed the resultsof previous Type A tests to show goodcontainment performance and willcontinue to be required to conduct theType B and C local leak rate tests whichhistorically have been shown to be theprincipal means of detectingcontainment leakage paths. It is alsonoted that the licensee, as a conditionof the proposed exemption, will performthe visual containment inspectionalthough it is only required byAppendix J to be conducted inconjunction with Type A tests. The NRCstaff considers that these inspections,though limited in scope, provide animportant added level of confidence inthe continued integrity of thecontainment boundary.

Based on the information presented inthe licensee’s application, the proposedextended test interval would not resultin a non-detectable leakage rate inexcess of the value established byAppendix J, or in any changes to thecontainment structure or plant systems.Consequently, the probability ofaccidents would not be increased, norwould the post-accident radiologicalreleases be greater than previouslydetermined. Neither would theproposed exemption otherwise affectradiological plant effluents.Accordingly, the Commission concludesthat this proposed exemption would


result in no significant radiologicalenvironmental impact.

With regard to potentialnonradiological impacts, the proposedaction does involve features locatedentirely within the restricted area asdefined in 10 CFR Part 20. It does notaffect nonradiological plant effluentsand has no other environmental impact.Accordingly, the Commission concludesthat there are no significantnonradiological environmental impactsassociated with the proposedexemption.

Alternatives to the Proposed Action

Since the Commission has concludedthere is no measurable environmentalimpact associated with the proposedaction, any alternatives with equal orgreater environmental impact need notbe evaluated. As an alternative to theproposed action, the staff considereddenial of the proposed action. Denial ofthe application would result in nochange in current environmentalimpacts. The environmental impacts ofthe proposed action and the alternativeaction are similar.

Alternative Use of Resources

This proposed exemption does notinvolve the use of any resources notpreviously considered in the FinalEnvironmental Statement for theLimerick Generating Stations, Units 1and 2, dated April 1984 assupplemented on August 1989.

Agencies and Persons Consulted

In accordance with its stated policy,on September 26, 1995, the staffconsulted with the Pennsylvania Stateofficial, David Ney of the Bureau ofRadiation Protection, Department ofEnvironmental Protection, regarding theenvironmental impact of the proposedaction. The State official had nocomments.

Finding of No Significant Impact

Based upon the environmentalassessment, the Commission concludesthat the proposed exemption will nothave a significant effect on the qualityof the human environment.Accordingly, the Commission hasdetermined not to prepare anenvironmental impact statement for theproposed exemption.

For further details with respect to theproposed action, see the licensee’s letterdated June 20, 1995, which is availablefor public inspection at theCommission’s Public Document Room,The Gelman Building, 2120 L Street,NW., Washington, DC, and at the localpublic document room located at the

Pottstown Public Library, 500 HighStreet, Pottstown, Pennsylvania 19464.

Dated at Rockville, Maryland, this 9th dayof November 1995.

For the Nuclear Regulatory Commission.John F. Stolz,Director, Project Directorate I–2, Division ofReactor Projects—I/II, Office of NuclearReactor Regulation.[FR Doc. 95–28311 Filed 11–15–95; 8:45 am]BILLING CODE 7590–1–P

[Docket Nos. 50–220 and 50–410]

Niagara Mohawk Power Corporation;Notice of Consideration of Issuance ofAmendments to Facility OperatingLicense, Proposed No SignificantHazards Consideration Determination,and Opportunity for a Hearing

The U.S. Nuclear RegulatoryCommission (the Commission) isconsidering issuance of amendments toFacility Operating License Nos. DPR–63and NPF–69 issued to Niagara MohawkPower Corporation for operation of theNine Mile Point Nuclear Station, UnitNos. 1 and 2, respectively, located inOswego County, New York.

The proposed amendments wouldchange position titles and reassignresponsibilities at the uppermanagement level.

Before issuance of the proposedlicense amendments, the Commissionwill have made findings required by theAtomic Energy Act of 1954, as amended(the Act) and the Commission’sregulations.

The Commission has made aproposed determination that theamendment request involves nosignificant hazards consideration. Underthe Commission’s regulations in 10 CFR50.92, this means that operation of thefacility in accordance with the proposedamendment would not (1) involve asignificant increase in the probability orconsequences of an accident previouslyevaluated; or (2) create the possibility ofa new or different kind of accident fromany accident previously evaluated; or(3) involve a significant reduction in amargin of safety. As required by 10 CFR50.91(a), the licensee has provided itsanalysis of the issue of no significanthazards consideration, which ispresented below:

The operation of Nine Mile Point Unit 1[and Unit 2], in accordance with theproposed amendment[s], will not involve asignificant increase in the probability orconsequence of an accident previouslyevaluated.

None of the accidents previously evaluatedare affected by the proposed corporatemanagement position title changes or by thereassignment of responsibilities. The revised

organizational structure will not affect thedesign of systems, structures, or components;the operation of plant equipment or systems;nor maintenance, modification, or testingactivities. The revised management reportingstructure and assignment of responsibilitiesdoes not involve accident precursors orinitiators previously evaluated and does notcreate any new failure modes that wouldaffect any previously evaluated accidents.Therefore, operation in accordance with theproposed amendment[s] will not involve asignificant increase in the probability orconsequences of an accident previouslyevaluated.

The operation of Nine Mile Point Unit 1[and Unit 2], in accordance with theproposed amendment[s], will not create thepossibility of a new or different kind ofaccident from any accident previouslyevaluated.

The revised organizational structure willnot affect the design of systems, structures,or components; the operation of plantequipment or systems; nor maintenance,modification or testing activities. Theproposed position title changes andresponsibility assignments do not create anynew failure modes or conditions that wouldcreate a new or different kind of accident.Therefore, operation in accordance with theproposed amendment[s] will not create thepossibility of a new or different kind ofaccident from any previously evaluated.

The operation of Nine Mile Point Unit 1[and Unit 2], in accordance with theproposed amendment[s], will not involve asignificant reduction in a margin of safety.

The proposed amendment[s] define thelines of authority, responsibility, andcommunication necessary to ensureoperation of the facility in a safe manner. Thepresent Executive Vice President—Nuclearwill assume the responsibilities of ChiefNuclear Officer. The present Vice President—Nuclear Generation will assume theresponsibilities of Vice President and GeneralManager—Nuclear. These assignmentsprovide the highest level of managementexpertise and experience in the operation ofNine Mile Point Unit 1 [and Unit 2] andassure that adequate operational safety ismaintained. Therefore, the proposedorganizational restructuring will not involvea significant reduction in a margin of safety.

As determined by the analysis, theproposed amendment[s] involve nosignificant hazards consideration.

The NRC staff has reviewed thelicensee’s analyses and, based on thisreview, it appears that the threestandards of 10 CFR 50.92(c) aresatisfied. Therefore, the NRC staffproposes to determine that the proposedamendments involve no significanthazards consideration.

The Commission is seeking publiccomments on this proposeddetermination. Any comments receivedwithin 30 days after the date ofpublication of this notice will beconsidered in making any finaldetermination.

Normally, the Commission will notissue the amendments until the


expiration of the 30-day notice period.However, should circumstances changeduring the notice period such thatfailure to act in a timely way wouldresult, for example, in derating orshutdown of the facility, theCommission may issue the licenseamendments before the expiration of the30-day notice period, provided that itsfinal determination is that theamendments involve no significanthazards consideration. The finaldetermination will consider all publicand State comments received. Shouldthe Commission take this action, it willpublish in the Federal Register a noticeof issuance and provide for opportunityfor a hearing after issuance. TheCommission expects that the need totake this action will occur veryinfrequently.

Written comments may be submittedby mail to the Rules Review andDirectives Branch, Division of Freedomof Information and PublicationsServices, Office of Administration, U.S.Nuclear Regulatory Commission,Washington, DC 20555, and should citethe publication date and page number ofthis Federal Register notice. Writtencomments may also be delivered toRoom 6D22, Two White Flint North,11545 Rockville Pike, Rockville,Maryland, from 7:30 a.m. to 4:15 p.m.Federal workdays. Copies of writtencomments received may be examined atthe NRC Public Document Room, theGelman Building, 2120 L Street, NW.,Washington, DC.

The filing of requests for hearing andpetitions for leave to intervene isdiscussed below.

By December 18, 1995, the licenseemay file a request for a hearing withrespect to issuance of the amendmentsto the subject facility operating licensesand any person whose interest may beaffected by this proceeding and whowishes to participate as a party in theproceeding must file a written requestfor a hearing and a petition for leave tointervene. Requests for a hearing and apetition for leave to intervene shall befiled in accordance with theCommission’s ‘‘Rules of Practice forDomestic Licensing Proceedings’’ in 10CFR Part 2. Interested persons shouldconsult a current copy of 10 CFR 2.714which is available at the Commission’sPublic Document Room, the GelmanBuilding, 2120 L Street, NW.,Washington, DC, and at the local publicdocument room located at the Referenceand Documents Department, PenfieldLibrary, State University of New York,Oswego, New York 13126. If a requestfor a hearing or petition for leave tointervene is filed by the above date, theCommission or an Atomic Safety and

Licensing Board, designated by theCommission or by the Chairman of theAtomic Safety and Licensing BoardPanel, will rule on the request and/orpetition; and the Secretary or thedesignated Atomic Safety and LicensingBoard will issue a notice of hearing oran appropriate order.

As required by 10 CFR 2.714, apetition for leave to intervene shall setforth with particularity the interest ofthe petitioner in the proceeding, andhow that interest may be affected by theresults of the proceeding. The petitionshould specifically explain the reasonswhy intervention should be permittedwith particular reference to thefollowing factors: (1) The nature of thepetitioner’s right under the Act to bemade party to the proceeding; (2) thenature and extent of the petitioner’sproperty, financial, or other interest inthe proceeding; and (3) the possibleeffect of any order which may beentered in the proceeding on thepetitioner’s interest. The petition shouldalso identify the specific aspect(s) of thesubject matter of the proceeding as towhich petitioner wishes to intervene.Any person who has filed a petition forleave to intervene or who has beenadmitted as a party may amend thepetition without requesting leave of theBoard up to 15 days prior to the firstprehearing conference scheduled in theproceeding, but such an amendedpetition must satisfy the specificityrequirements described above.

Not later than 15 days prior to the firstprehearing conference scheduled in theproceeding, a petitioner shall file asupplement to the petition to intervenewhich must include a list of thecontentions which are sought to belitigated in the matter. Each contentionmust consist of a specific statement ofthe issue of law or fact to be raised orcontroverted. In addition, the petitionershall provide a brief explanation of thebases of the contention and a concisestatement of the alleged facts or expertopinion which support the contentionand on which the petitioner intends torely in proving the contention at thehearing. The petitioner must alsoprovide references to those specificsources and documents of which thepetitioner is aware and on which thepetitioner intends to rely to establishthose facts or expert opinion. Petitionermust provide sufficient information toshow that a genuine dispute exists withthe applicant on a material issue of lawor fact. Contentions shall be limited tomatters within the scope of theamendment under consideration. Thecontention must be one which, ifproven, would entitle the petitioner torelief. A petitioner who fails to file such

a supplement which satisfies theserequirements with respect to at least onecontention will not be permitted toparticipate as a party.

Those permitted to intervene becomeparties to the proceeding, subject to anylimitations in the order granting leave tointervene, and have the opportunity toparticipate fully in the conduct of thehearing, including the opportunity topresent evidence and cross-examinewitnesses.

If a hearing is requested, theCommission will make a finaldetermination on the issue of nosignificant hazards consideration. Thefinal determination will serve to decidewhen the hearing is held.

If the final determination is that theamendment requests involve nosignificant hazards consideration, theCommission may issue the amendmentsand make them immediately effective,notwithstanding the request for ahearing. Any hearing held would takeplace after issuance of the amendments.

If the final determination is that theamendment requests involve asignificant hazards consideration, anyhearing held would take place beforethe issuance of any amendments.

A request for a hearing or a petitionfor leave to intervene must be filed withthe Secretary of the Commission, U.S.Nuclear Regulatory Commission,Washington, DC 20555, Attention:Docketing and Services Branch, or maybe delivered to the Commission’s PublicDocument Room, the Gelman Building,2120 L Street, NW., Washington, DC, bythe above date. Where petitions are filedduring the last 10 days of the noticeperiod, it is requested that the petitionerpromptly so inform the Commission bya toll-free telephone call to WesternUnion at 1–(800) 248–5100 (in Missouri1–(800) 342–6700). The Western Unionoperator should be given DatagramIdentification Number N1023 and thefollowing message addressed to LedyardB. Marsh: petitioner’s name andtelephone number, date petition wasmailed, plant name, and publicationdate and page number of this FederalRegister notice. A copy of the petitionshould also be sent to the Office of theGeneral Counsel, U.S. NuclearRegulatory Commission, Washington,DC 20555, and to Mark J. Wetterhahn,Esquire, Winston and Strawn, 1400 LStreet, NW, Washington, DC. 20005–3502, attorney for the licensee.

Nontimely filings of petitions forleave to intervene, amended petitions,supplemental petitions and/or requestsfor hearing will not be entertainedabsent a determination by theCommission, the presiding officer or thepresiding Atomic Safety and Licensing


1 See Securities Exchange Act Release No. 28556(October 19, 1990), 55 FR 43233 (October 26, 1990).

2 See Securities Exchange Act Release No. 36169(August 29, 1995), 60 FR 46644 (September 7,1995).

Board that the petition and/or requestshould be granted based upon abalancing of the factors specified in 10CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to thisaction, see the applications foramendments dated October 25, 1995,which are available for publicinspection at the Commission’s PublicDocument Room, the Gelman Building,2120 L Street, NW., Washington, DC,and at the local public document roomlocated at the Reference and DocumentsDepartment, Penfield Library, StateUniversity of New York, Oswego, NewYork 13126.

Dated at Rockville, Maryland, this 7th dayof November 1995.

For the Nuclear Regulatory Commission.Gordon E. Edison,Senior Project Manager, Project DirectorateI–1, Division of Reactor Projects—I/II, Officeof Nuclear Reactor Regulation.[FR Doc. 95–28312 Filed 11–15–95; 8:45 am]BILLING CODE 7590–01–P

SECURITIES AND EXCHANGECOMMISSION

[Release No. 34–36464; International SeriesRelease No. 879; File No. SR–CBOE–95–54]

Self-Regulatory Organizations; Noticeof Filing of Proposed Rule Change bythe Chicago Board Options Exchange,Inc. Relating to Currency WarrantsBased on the Value of the U.S. Dollarin Relation to the Brazilian Real

November 8, 1995Pursuant to Section 19(b)(1) of the

Securities Exchange Act of 1934(‘‘Act’’), 15 U.S.C. 78s(b)(1), notice ishereby given that on September 13,1995, the Chicago Board OptionsExchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’)filed with the Securities and ExchangeCommission (‘‘Commission’’) theproposed rule change as described inItems I, II and III below, which Itemshave been prepared by the self-regulatory organization. TheCommission is publishing this notice tosolicit comments on the proposed rulechange from interested persons.

I. Self-Regulatory Organization’sStatement of the Terms of Substance ofthe Proposed Rule Change

The Exchange proposes to approve forlisting and trading currency warrantsbased upon the value of the U.S. dollarin relation to the Brazilian Real. Thetext of the proposed rule change isavailable at the Office of the Secretary,CBOE and at the Commission.

II. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

In its filing with the Commission,CBOE included statements concerningthe purpose of and basis for theproposed rule change and discussed anycomments it received on the proposedrule change. The text of these statementsmay be examined at the places specifiedin Item IV below. The CBOE hasprepared summaries, set forth inSections A, B, and C below, of the mostsignificant aspects of such statements.

A. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

The Exchange is permitted to list andtrade currency warrants under CBOERule 31.5(E). The Exchange is nowproposing to list and trade currencywarrants based upon the value of theU.S. dollar in relation to the BrazilianReal (‘‘Brazilian Real warrants’’). Thelisting and trading of currency warrantsrelating to the Brazil Real will complyin all respects with CBOE Rule 31.5(E).

1. Currency Warrant Trading

Brazilian Real warrants will beunsecured obligations of their issuersand will be cash-settled in U.S. dollars.The warrants will be either exercisablethroughout their life (i.e., Americanstyle) or exercisable only on theirexpiration date (i.e., European style).Upon exercise, the holder of a warrantstructured as a ‘‘put’’ would receivepayment in U.S. dollars to the extentthat the value of the Brazilian Real hasdeclined in relation to the U.S. dollarbelow a pre-stated base price.Conversely, holders of a warrantstructured as a ‘‘call’’ would, uponexercise, receive payment in U.S.dollars to the extent that the value of theBrazilian Real in relation to the U.S.dollar has increased above the pre-stated base price. Warrants that are out-of-the-money at the time of expirationwill expire worthless.

2. Warrant Listing Standards andCustomer Safeguards

In SR–CBOE–90–08,1 the Exchangeestablished generic listing standards forcurrency warrants, which are containedin CBOE Rule 31.5(E). On August 29,1995, the Commission approved SR–CBOE–94–34,2 which amended Rule

31.5(E) and established customerprotection and margin requirements forcurrency warrants.

CBOE Rule 31.5(E) sets forth thecriteria applicable to listing currencywarrants. Any issue of Brazilian Realwarrants will conform to the listingcriteria under Rule 31.5(E) whichprovide that: (1) The issuer shall haveminimum tangible net worth in excessof $150,000,000 and otherwisesubstantially exceed the size andearnings requirements in Rule 31.5(A);(2) the term of the warrants shall be fora period ranging from one to five yearsfrom date of issuance; and (3) theminimum public distribution of suchissues shall be 1,000,000 warrants,together with a minimum of 400 publicholders, and have a minimum aggregatemarket value of $4,000,000. In addition,where an issuer has a minimum tangiblenet worth in excess of $150,000,000 butless than $250,000,000, the Exchangeshall not list Brazilian Real warrants ofthe issuer if the value of such warrantsplus the aggregate value, based upon theoriginal issuing price, of all outstandingstock index, currency index andcurrency warrants of the issuer (and itsaffiliates) that are listed for trading ona national securities exchange or tradedthrough the facilities of the NationalAssociation of Securities DealersAutomated Quotation System(‘‘NASDAQ’’) exceeds 25% of theissuer’s net worth.

Among the consequences of therecently approved rule amendments,Brazilian Real warrants may be soldonly to customers whose accounts havebeen approved for options tradingpursuant to Exchange Rule 9.7.Moreover, the suitability standards ofExchange Rule 9.9 apply torecommendations in currency warrants.Also, the standards of Rule 9.10(a),regarding discretionary orders, will beapplicable to currency warrants.

3. Margin RequirementsRecently approved SR–CBOE–94–34

also establishes margin requirements forcurrency warrants. New Exchange Rule30.53 requires minimum margin on anycurrency warrant carried ‘‘short’’ in acustomer’s account to be 100% of thecurrent market value of each suchwarrant plus an ‘‘add-on’’ percentage ofthe produce of the units of underlyingcurrency per warrant and the spot pricefor such currency. The Exchange hascalculated frequency distributionsreflecting percentage price returns forall one (1) and five (5) day periods forthe Brazilian Real for the period ofSeptember 1, 1992 through August 30,1995. These distributions demonstratethat more than 97.5% of all five (5) day


3 17 CFR 200.30–3(a)(12).1 The proposed rule change was originally

submitted on October 3, 1995, but was subsequentlyamended on October 31, 1995. This noticeincorporates the amendment of October 31, 1995.The amendment is available for inspection andcopying in the Commission’s Public ReferenceRoom.

returns for the three (3) year periodwould have been covered by 10.0% ofthe underlying Real value. Based uponthese results, the Exchange is proposingto set the margin ‘‘add-on’’ percentagefor Brazilian Real warrants at 10% forboth initial and maintenance margin,with a minimum add-on for out-of-themoney warrants of 2%. If as the resultof the Exchange’s routine monitoring ofmargin adequacy, the Exchangedetermines that a different percentagewould be appropriate, CBOE will file aproposal with the Commission tomodify the add-on percentages.

The Exchange believes that the listingand trading of Brazilian Real warrants isconsistent with Section 6(b) of the Actin general, and with Section 6(b)(5) inparticular, because it will help removeimpediments to a free and opensecurities market and facilitatetransactions in securities by providinginvestors with a low-cost means toparticipate in the performance of theBrazilian economy or to hedge againstthe risk of investing in that economy.

B. Self-Regulatory Organization’sStatement on Burden on Competition

The Exchange believes the proposedrule change will impose noinappropriate burden on competition.

C. Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received FromMembers, Participants or Others

The Exchange has neither solicitednor received written comments on theproposed rule change.

III. Date of Effectiveness of theProposed Rule Change and Timing forCommission Action

Within 35 days of the publication ofthis notice in the Federal Register orwithin such longer period (i) as theCommission may designate up to 90days of such date if it finds such longerperiod to be appropriate and publishesits reasons for so finding or (ii) as towhich the self-regulatory organizationconsents, the Commission will:

(A) By order approve the proposedrule change, or

(B) Institute proceedings to determinewhether the proposed rule changeshould be disapproved.

IV. Solicitation of CommentsInterested persons are invited to

submit written data, views andarguments concerning the foregoing.Persons making written submissionsshould file six copies thereof with theSecretary, Securities and ExchangeCommission, 450 Fifth Street, NW.,Washington, DC 20549. Copies of the

submission, all subsequentamendments, all written statementswith respect to the proposed rulechange that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying atthe Commission’s Public ReferenceSection, 450 Fifth Street, NW.,Washington, DC 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffice of the CBOE. All submissionsshould refer to File No. SR–CBOE–95–54 and should be submitted byDecember 7, 1995.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.3

Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–28249 Filed 11–15–95; 8:45 am]BILLING CODE 8010–01–M

[Release No. 34–36466; File No. SR–NASD–95–45]

Self-Regulatory Organizations; Noticeof Filing and Order GrantingAccelerated Approval of ProposedRule Change by National Associationof Securities Dealers, Inc. Relating toan Amendment to Article II, Section 4of the NASD By-Laws Relating to theEligibility Provisions for Members andAssociated Persons

November 8, 1995.

Pursuant to Section 19(b)(1) of theSecurities Exchange Act of 1934(‘‘Act’’), 15 U.S.C. 78s(b)(1), notice ishereby given that on October 31, 1995,1the National Association of SecuritiesDealers, Inc. (‘‘NASD’’ or ‘‘Association’’)filed with the Securities and ExchangeCommission (‘‘SEC’’ or ‘‘Commission’’)the proposed rule change as describedin Items I, II, and III below, which Itemshave been prepared by the NASD. TheCommission is publishing this notice tosolicit comments on the proposed rulechange from interested persons.


The NASD is proposing to amendArticle II, Section 4 of the NASD By-Laws to conform these provisions tochanges adopted by Congress. Below isthe text of the proposed rule change.Proposed new language is italicized anddeleted language is bracketed:

Article II, Section 4

Definition of Disqualification

Sec. 4. A person is subject to a‘‘disqualification’’ with respect tomembership, or association with amember, if such person:[Commission and Self-RegulatoryOrganization Disciplinary Sanctions]

(a) has been and is expelled orsuspended from membership orparticipation in, or barred or suspendedfrom being associated with a member of,any self-regulatory organization, foreignequivalent of a self-regulatoryorganization, foreign or internationalsecurities exchange, contract marketdesignated pursuant to Section 5 of theCommodity Exchange Act, or a foreignequivalent of a contract marketdesignated pursuant to [or futuresassociation, registered under Section 17of such Act, or] any substantiallyequivalent foreign statute or regulation,or futures association registered underSection 17 of the Commodity ExchangeAct or a foreign equivalent of futuresassociation designated pursuant to anysubstantially equivalent foreign statuteor regulation, or has been and is deniedtrading privileges on any such contractmarket or foreign equivalent;

[(b) is subject to an order of theCommission or other appropriateregulatory agency denying, suspendingfor a period not exceeding twelvemonths, or revoking his registration asa broker, dealer, municipal securitiesdealer (including a bank or departmentor division of a bank), or governmentsecurities broker or dealer or barring orsuspending him from being associatedwith a broker, dealer, or municipalsecurities dealer (including a bank ordepartment or division of a bank), or issubject to an order of the CommodityFutures Trading Commission denying,suspending, or revoking his registrationunder the Commodity Exchange Act;]

(b) is subject to—(1) an order of the Commission, other

appropriate regulatory agency, orforeign financial regulatory authority:

(i) denying, suspending for a periodnot exceeding 12 months, or revokinghis registration as a broker, dealer,municipal securities dealer, government


securities broker, or governmentsecurities dealer or limiting his activitiesas a foreign person performing afunction substantially equivalent to anyof the above; or

(ii) barring or suspending for a periodnot exceeding 12 months his beingassociated with a broker, dealer,municipal securities dealer, governmentsecurities broker, government securitiesdealer, or foreign person performing afunction substantially equivalent to anyof the above;

(2) an order of the Commodity FuturesTrading Commission denying,suspending, or revoking his registrationunder the Commodity Exchange Act (7U.S.C. 1 et seq.); or

(3) an order by a foreign financialregulatory authority denying,suspending, or revoking the person’sauthority to engage in transactions incontracts of sale of a commodity forfuture delivery or other instrumentstraded on or subject to the rules of acontract market, board of trade, orforeign equivalent thereof;

(c) by his conduct while associatedwith a broker, dealer, municipalsecurities dealer [(including a bank ordepartment or division of a bank)], [or]government securities broker, orgovernment securities dealer, or whileassociated with an entity or personrequired to be registered under theCommodity Exchange Act, has beenfound to be a cause of any effectivesuspension, expulsion or order of thecharacter described in subsections (a) or(b) of this Section;

(d) by his conduct while associatedwith any broker, dealer, municipalsecurities dealer, government securitiesbroker, government securities dealer, orany other entity engaged in transactionsin securities, or while associated with anentity engaged in transactions incontracts of sale of a commodity forfuture delivery or other instrumentstraded on or subject to the rules of acontract market, board of trade, orforeign equivalent thereof, has beenfound to be a cause of any effectivesuspension, expulsion, or order by aforeign or international securitiesexchange or foreign financial regulatoryauthority empowered by a foreigngovernment to administer or enforce itslaws relating to financial transactions asdescribed in subsection (a) or (b) of thisSection;

[(d)](e) has associated with him anyperson who is known, or in the exerciseof reasonable care should be known, tohim to be a person described insubsections (a), (b), [or] (c), or (d) of thisSection;

[Misstatements][(e)](f) has willfully made or caused to

be made in any application formembership in a self-regulatoryorganization, or to become associatedwith a member of a self-regulatoryorganization, or in any report requiredto be filed with a self-regulatoryorganization, or in any proceedingbefore a self-regulatory organization,any statement which was at the time,and in light of the circumstances underwhich it was made, false or misleadingwith respect to any material fact, or hasomitted to state in any such application,report, or proceeding any material factwhich is required to be stated therein;

[Convictions][(f)](g)(1) has been convicted within

ten years preceding the filing of anyapplication for membership in theCorporation, or to become associatedwith a member of the Corporation, or atany time thereafter, of any felony ormisdemeanor or of a substantiallyequivalent crime by a foreign court ofcompetent jurisdiction which:

(i)[(1)] involves the purchase or sale ofany security, the taking of a false oath,the making of a false report, bribery,perjury, burglary, any substantiallyequivalent activity howeverdenominated by the laws of the relevantforeign government, or conspiracy tocommit any such offense;

(ii)[(2)] arises out of the conduct of thebusiness of a broker, dealer, municipalsecurities dealer, [or] governmentsecurities broker [or] governmentsecurities dealer, investment adviser,bank, insurance company, fiduciary,transfer agent, foreign personperforming a function substantiallyequivalent to any of the above, or anyentity or person required to beregistered under the CommodityExchange Act or any substantiallyequivalent foreign statute or regulation;

(iii)[(3)] involves the larceny, theft,robbery, extortion, forgery,counterfeiting, fraudulent concealment,embezzlement, fraudulent conversion,or misappropriation of funds, orsecurities; or substantially equivalentactivity however denominated by thelaws of the relevant foreign government;or

(iv)[(4)] involves the violation ofSections 152, 1341, 1342 or 1343 orChapters 25 or 47 of Title 18, UnitedStates Code [;], or a violation of asubstantially equivalent foreign statute;

(g)(2) has been convicted within tenyears preceding the filing of anyapplication for membership in theCorporation, or to become associatedwith a member of the Corporation, or atany time thereafter of any other felony;

[Injunctions]

[(g)](h) is permanently or temporarilyenjoined by order, judgment, or decreeof any court of competent jurisdictionfrom acting as an investment adviser,underwriter, broker, dealer, [or]municipal securities dealer, governmentsecurities broker, [or] governmentsecurities dealer, transfer agent, foreignperson performing a functionsubstantially equivalent to any of theabove, or entity or person required to beregistered under the CommodityExchange Act, or any substantiallyequivalent foreign statute or regulation,[municipal securities dealer (including abank or department or division of abank)], or [government securities brokeror dealer or] as an affiliated person oremployee of any investment company,bank, insurance company, foreign entitysubstantially equivalent to any of theabove, or from engaging in or continuingany conduct or practice in connectionwith any such activity, or in connectionwith the purchase or sale of anysecurity;

(i) has been found by a foreignfinancial regulatory authority to have—

(1) made or caused to be made in anyapplication for registration or reportrequired to be filed with a foreignfinancial regulatory authority, or in anyproceeding before a foreign financialregulatory authority with respect toregistration, any statement that was atthe time and in the light of thecircumstances under which it was madefalse or misleading with respect to anymaterial fact, or has omitted to state inany application or report to the foreignfinancial regulatory authority anymaterial fact that is required to be statedtherein;

(2) violated any foreign statute orregulation regarding transactions insecurities, or contracts of sale of acommodity for future delivery, tradedon or subject to the rules of a contractmarket or any board of trade; or

(3) aided, abetted, counseled,commanded, induced, or procured theviolation by any person of any provisionof any statutory provisions enacted by aforeign government, or rules orregulations thereunder, empowering aforeign financial regulatory authorityregarding transactions in securities, orcontracts of sale of a commodity forfuture delivery, traded on or subject tothe rules of a contract market or anyboard of trade, or has been found, by aforeign financial regulatory authority, tohave failed reasonably to supervise,with a view to preventing violations ofsuch statutory provisions, rules, andregulations, another person who


2 15 U.S.C. 78o(b)(7), 78o–3(b)(6), 78o–3(b)(7),78o–3(g)(2), 78o–3(g)(3)(A), 78o–3(g)(3)(B),

commits such a violation, if such otherperson is subject to his supervision.


In its filing with the Commission, theNASD included statements concerningthe purpose of and basis for theproposed rule change and discussed anycomments it received on the proposedrule change. The text of these statementsmay be examined at the places specifiedin Item IV below. The NASD hasprepared summaries, set forth inSections (A), (B), and (C) below, of themost significant aspects of suchstatements.

(A) Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

The purpose of the proposed rulechange is to amend Article II, Section 4of the NASD By-Laws so that it willgenerally conform the NASD’s eligibilitycriteria to changes adopted by Congressin 1990 to the statutory disqualificationprovisions found in Sections 3(a)(39)and 15(b)(4) of the Act. The NASD’seligibility criteria found in Article II,Section 4 of the By-Laws generally havefollowed the aforementioned statutorydisqualification provisions in the Act. InNovember 1990, Congress amended thestatutory disqualification provisions ofthe Act to include all felony convictionsfor ten years from the date of theconviction and to include variousforeign regulatory actions.

The NASD believes that the proposedrule change is consistent with theprovisions of Sections 15A(b)(6) and15A(g)(2) of the Act in that the proposedchanges to the By-Laws will promoteuniformity and consistency withexisting provisions of the Act.

(B) Self-Regulatory Organization’sStatement on Burden on Competition

The NASD does not believe that theproposed rule change will result in anyburden on competition that is notnecessary or appropriate in furtheranceof the purposes of the Act, as amended.

(C) Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received FromMembers, Participants, or Others

Written comments were neithersolicited nor received.

III. Solicitation of CommentsInterested persons are invited to

submit written data, views, andarguments concerning the foregoing.

Persons making written submissionsshould file six copies thereof with theSecretary, Securities and ExchangeCommission, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of thesubmission, all subsequentamendments, all written statementswith respect to the proposed rulechange that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying inthe Commission’s Public ReferenceRoom. Copies of such filing will also beavailable for inspection and copying atthe principal office of the NASD. Allsubmissions should refer to file numberSR–NASD–95–45 and should besubmitted by December 7, 1995.

IV. Commission’s Findings and OrderGranting Accelerated Approval

The Commission finds that theproposed rule change is consistent withthe requirements of the Act and therules and regulations thereunderapplicable to the NASD and, inparticular, with the requirements ofSections 15(b)(7), 15A(b)(6), 15A(b)(7),15A(g)(2), 15A(g)(3)(A) and 15A(g)(3)(B)of the Exchange Act.2 Section 15(b)(7)states that a registered broker or dealermay not effect any transaction in, orinduce the purchase or sale of, anysecurity unless such broker or dealermeets standards of operationalcapability, and such broker or dealerand all persons associated with suchbroker or dealer meet certain standardsof training, experience, competence, andother qualifications as the Commissionfinds necessary or appropriate in thepublic interest or for the protection ofinvestors. Section 15A(b)(6) requires, inrelevant part, that the rules of aregistered securities association bedesigned to prevent fraudulent andmanipulative acts and practices, topromote just and equitable principles oftrade, and to protect investors and thepublic interest. Section 15A(b)(7)requires that the rules of a registeredsecurities association provide that itsmembers and persons associated withits members be appropriatelydisciplined for violation of anyprovision of the Act, the rules orregulations thereunder, the rules of theMunicipal Securities Rulemaking Board,or the rules of the association, byexpulsion, suspension, limitation of

activities, functions, and operations,fine, censure, being suspended or barredfrom association with a member, or anyother fitting sanction. Section 15A(g)(2)provides for a registered securitiesassociation to deny membership to anyregistered broker or dealer, and bar frombecoming associated with a member anyperson, who is subject to a statutorydisqualification. Section 15A(g)(3)(A)permits a registered securitiesassociation to deny membership to, orcondition the membership of aregistered broker or dealer if such brokeror dealer does not meet standards offinancial responsibility or operationalcapability, or if such broker or dealer orany natural person associated with suchbroker or dealer does not meet standardsof training, experience, and competenceas are prescribed by the rules of theassociation, or has engaged, and there isa reasonable likelihood he will againengage, in acts or practices inconsistentwith just and equitable principles oftrade. Section 15A(g)(3)(B) permits aregistered securities association to bar anatural person from becomingassociated with a member or conditionthe association of such person with amember if the person does not meetsuch standards of training, experience,and competence as are prescribed by therules of the association, or has engaged,and there is a reasonable likelihood hewill again engage, in acts or practicesinconsistent with just a equitableprinciples of trade.

The Commission believes that theamendment to Article II, Section 4 ofthe NASD By-Laws will help the NASDin its efforts to protect investors and thepublic interest. The NASD’s attempt tomore closely conform Article II, Section4 to the definition of statutorydisqualification in the Act will enhancethe NASD’s authority with respect topersons subject to statutorydisqualification. The amendment willallow the NASD to use this authorityover such persons to better protect theintegrity of its members and personsassociated with its members.

The Commission finds good cause forapproving the proposed rule changeprior to the 30th day after the date ofpublication of notice of filing thereof inthe Federal Register. The Commissionbelieves that accelerated approval of theNASD’s proposal is appropriate giventhe fact that the amendment is modeledafter the definition of statutorydisqualification in the Act, and theimportance of a self-regulatoryorganization’s ability to exercise itsauthority over persons subject tostatutory disqualification.

It is therefore ordered, pursuant toSection 19(b)(2) of the Act, that


3 17 CFR 200.30–3(a)(12).1 17 CFR 240.9b–1 (1994).2 See letter from Jean M. Cawley, OCC, to Michael

Walinskas, Branch Chief, Office of MarketSupervision, Division of Market Regulation,Commission, dated November 7, 1995.

3 See Securities Exchange Act Release No. 36131(August 22, 1995), 60 FR 44927 (August 29, 1995)(notice of File No. SR-PHLX-95–52).

4 This provision is intended to permit theCommission either to accelerate or to extend thetime period in which definitive copies of a

disclosure document may be distributed to thepublic.

5 17 CFR 240.9b–1 (1994).6 17 CFR 200.30-3(a)(39) (1994).

proposed rule change SR–NASD–95–45be, and hereby is, approved.



[Release No. 34–36469; International SeriesRelease No. 883; File No. SR–ODD–95–1]

Self-Regulatory Organizations; TheOptions Clearing Corporation; OrderApproving Supplement to OptionsDisclosure Document RegardingCustomized Foreign Currency OptionsWith Customized Expiration Dates

November 8, 1995.On October 26, 1995, the Options

Clearing Corporation (‘‘OCC’’), on behalfof the Philadelphia Stock Exchange, Inc.(‘‘PHLX’’ or ‘‘Exchange’’), submitted tothe Securities and ExchangeCommission (‘‘Commission’’), pursuantto Rule 9b–1 under the SecuritiesExchange Act of 1934 (‘‘Act’’),1preliminary copies of a supplement(‘‘Supplement’’) to the OptionsDisclosure (‘‘ODD’’) which describes thespecial exercise and assignmentprocedures for foreign currency optionswith customized expiration dates(‘‘Customized expiration date FCOs’’).Five definitive copies of theSupplement were delivered to theCommission on November 7, 1995.2

The proposed Supplement to the ODDprovides for disclosure of certain uniqueaspects of the Exchange’s Customizedexpiration date FCO proposal, whichhas been submitted to the Commissionseparately.3 This Supplement, which isto be read in conjunction with the moregeneral ODD entitled ‘‘Characteristicsand Ricks of Standardized Options,’’describes, among other things, thespecial exercise and assignmentprocedures for Customized expirationdate FCOs. Pursuant to Rule 9b–1, theSupplement will have to be provided toinvestors in this product before theiraccounts are approved for transactionsin Customized expiration date FCOs ortheir orders for Customized expirationdate FCOs are accepted.

The Commission has reviewed theODD Supplement and finds that it

complies with Rule 9b–1. TheSupplement is intended to be read inconjunction with the ODD, whichdiscloses the characteristics and risks offlexibly structured foreign currencyoptions generally. The Supplementprovides additional informationregarding Customized expiration dateFCOs sufficient to describe the specialcharacteristics and risks of theseproducts with respect to their exerciseand assignment.

Rule 9b–1 provides that an optionsmarket must file five copies ofamendments to a disclosure documentwith the Commission at least 30 daysprior to the date definitive copies arefurnished to customers, unless theCommission determines otherwisehaving due regard to the adequacy of theinformation disclosed and theprotection of investors.4 TheCommission believes that it isconsistent with the public interest andthe protection of investors to allowdistribution of the Supplement as ofNovember 8, 1995, a date which iswithin 30 days of the date definitivecopies of the Supplement weresubmitted to the Commission.Specifically, the Commission believesthat, because the Supplement providesadequate disclosure of the specialcharacteristics and risks of theseproducts with respect to their exerciseand assignment, thereby helping toensure that customers engaging inCustomized expiration date FCOs arecable of understanding the risks of suchtrading activity, it is consistent with thepublic interest for it to be distributed toinvestors before the plannedcommencement of, or simultaneouslywith, trading in Customized expirationdate FCOs on the Exchange.

It is therefore ordered, pursuant toRule 9b–1 under the Act,5 that theproposed Supplement to the ODD (SR–ODD–95–1) to accommodate theExchange’s proposed trading ofCustomized expiration date FCOs isapproved.



[Release No. 34–36474; File No. SR–PSE–95–27]

Self-Regulatory Organizations; Noticeof Filing of Proposed Rule Change bythe Pacific Stock Exchange,Incorporated Relating to theAmendment of its Minor Rule Plan ToInclude Certain Rules on FinancialReporting and Cooperation inExchange Investigations and theEstablishment of a Charge for the LateFiling of Periodic FOCUS Reports

November 9, 1995.

Pursuant to Section 19(b)(1) of theSecurities Exchange Act of 1934(‘‘Act’’), 15 U.S.C. 78s(b)(1), notice ishereby given that on October 17, 1995,the Pacific Stock Exchange,Incorporated (‘‘PSE’’ or ‘‘Exchange’’)filed with the Securities and ExchangeCommission (‘‘Commission’’) theproposed rule change as described inItems I, II, and III below, which Itemshave been prepared by the self-regulatory organization. TheCommission is publishing this notice tosolicit comments on the proposed rulechange from interested persons.


The Exchange is proposed to amendits Minor Rule Plan to include certainrules on financial reporting andcooperation in Exchange investigations.The Exchange is also proposing toamend its rules to establish anadministrative charge for the late filingof quarterly FOCUS Reports. The text ofthe proposed rule change is as follows[new text is italicized]:Minor Rule Plan

Rule 10.13(a)–(i)—No change.(j) Minor Rule Plan: Record Keeping and

Other Minor Rule Violations.(j)(1)–(j)(4)—No change.(j)(5) Failure to file a financial report or

financial information in the type, form,manner and time prescribed by theExchange. (Rule 2.12(a))

(j)(6) Delaying, impeding or failing tocooperate in an Exchange investigation.(Rule 10.2(b))

* * * * *Minor Rule Plan Recommended FineSchedule (Pursuant to Rule 10.13(f))

Rule 10.13(j).


1 The MRP was initially approved by theCommission in 1985. See Securities Exchange ActRelease No. 22654 (Nov. 21, 1985), 50 FR 48853(Nov. 27, 1985). Since 1985, the MRP has beenamended several times. See, e.g., SecuritiesExchange Act Release No. 36158 (August 25, 1995),60 FR 45758 (September 1, 1995).

2 PSE Rule 2.12(a) states: ‘‘Every memberorganization which is not a member of anothernational securities exchange or registered nationalsecurities association which is the DesignatedExamining Authority for that member organizationshall file with the Exchange answers to FinancialQuestionnaires, Reports of Income and Expensesand additional financial information in the type,form, manner and time prescribed by theExchange.’’

3 For a discussion of the Exchange’sRecommended Fine Schedule, see SecuritiesExchange Act Release No. 34322 (July 6, 1994), 59FR 35958 (July 14, 1994).

4 PSE Rule 10.2(b) states: ‘‘No member or personassociated with a member shall impede or delay anExchange investigation with respect to possibleviolations within the disciplinary jurisdiction of theExchange nor refuse to furnish testimony,documentary materials or other informationrequested by the Exchange during the course of itsinvestigation. Failure to furnish such testimony,documentary materials or other informationrequested by the Exchange pursuant to this Rule onthe date or within the time period required by theExchange shall be considered obstructive of anExchange inquiry or investigation and subject toformal disciplinary action.’’

5 The Exchange’s plan filed pursuant to Rule 17a–5(a)(4) under the Act require PSE memberorganizations that are not exempt from Rule 15c3-1 under the Act (‘‘Net Capital Rule’’) to file periodicFOCUS Reports with the Exchange if the PSE istheir designated examining authority (‘‘DEA’’). See17 CFR 17a–5(a)(4); Securities Exchange ActRelease No. 11935 (December 17, 1975), 40 FR59706 (December 30, 1975) (order approving thePSE’s plan pursuant to Rule 17a–5). In 1993, theSEC approved certain changes to the Net CapitalRule, including the elimination of an exemption forcertain equity exchange specialists, effective as ofApril 1, 1994. See Securities Exchange Act ReleaseNo. 32737 (August 11, 1993), 58 FR 43555 (August17, 1993). Consequently, as of April 1, 1994, anumber of Exchange specialists became obligated tofile FOCUS reports with the Exchange. Prior toApril 1994, no PSE member organizations wererequired to file such reports with the Exchange.

6 17 CFR 17a–10.7 15 U.S.C. 78f(b).

RECORD KEEPING AND OTHER MINOR RULE VIOLATIONS

1st violation 2nd violation 3rd violation

1–4—No change:5. Failure to file a financial report or financial information in the type, form, manner and time

prescribed by the Exchange. (Rule 2.12(a)) ............................................................................. $100 $250 $5006. Delaying, impeding or failing to cooperate in an Exchange investigation. (Rule 10.2(b)) ...... 100 250 500

* * * * *Financial Reports

Rule 2.12(b)(1). Each member organizationshall file with the Exchange a Report ofFinancial Condition on SEC Form X–17A–5as required by Securities and ExchangeCommission Rules 17a–5 and 17a–10. Anymember who fails to file such Report ofFinancial Condition in a timely manner shallbe subject to late filing charges as follows:

Number of days late Amount ofcharge

1–30 .......................................... $200.0031–60 ........................................ 400.0061–90 ........................................ 800.00

Repeated or aggravated failure to file suchReport of Financial Condition or failure tofile such report for more than ninety dayswill be referred to the Ethics and BusinessConduct Committee for appropriatedisciplinary action.


In its filing with the Commission, theself-regulatory organization includedstatements concerning the purpose ofand basis for the proposed rule changeand discussed any comments it receivedon the proposed rule change. The textof these statements may be examined atthe places specified in Item IV below.The self-regulatory organization hasprepared summaries, set forth inSections A, B, and C below, of the mostsignificant aspects of such statements.

A. Self-Regulatory Organization’sStatement of the Purpose of, andStatutory Basis for, the Proposed RuleChange

1. PurposeThe Exchange’s Minor Rule Plan

(‘‘MRP’’),1 set forth in PSE Rule 10.13,provides that the Exchange may imposea fine not to exceed $5,000 on anymember, member organization, orperson associated with a member ormember organization, for any violation

of an Exchange rule that has beendeemed to be minor in nature andapproved by the Commission forinclusion in the MRP. PSE Rule 10.13,subsections (h)–(j), sets forth thespecific Exchange rules deemed to beminor in nature.

The Exchange is proposing to add thefollowing provision to the MRP as PSERule 10.13(j)(5): ‘‘Failure to file afinancial report or financial informationin the type, form, manner and timeprescribed by the Exchange. (Rule2.12(a)).’’ 2 The Exchange is alsoproposing to amend its RecommendedFine Schedule to establish the followingrecommended fines for violations ofPSE Rule 2.12(a): $100 for a first-timeviolation; $250 for a second-timeviolation; and $500 for a third-timeviolation.3

The Exchange is also proposing to addthe following provision to the MRP asPSE Rule 10.13(j)(6): ‘‘Delaying,impeding or failing to cooperate in anExchange investigation. (Rule10.2(b)).’’ 4 The Exchange is alsoproposing to amend its RecommendedFine Schedule to establish the followingrecommended fines for violations ofPSE Rule 10.2(b): $100 for a first-timeviolation; $250 for a second-timeviolation; and $500 for a third-timeviolation.

The Exchange believes that the rulesproposed to be added to the MRP areeither objective or technical in natureand are easily verifiable, therebylending themselves to the use ofexpedited proceedings. The Exchangefurther believes that violations of suchrules may require sanctions more severethan a warning or cautionary letter, butthat full disciplinary proceedings(pursuant to PSE Rule 10.3) would, ingeneral, be unsuitable because theywould be costly and time consuming inview of the minor nature of theviolations. Nevertheless, the Exchangenotes that if a rule violation isparticularly egregious or if theindividual situation warrants suchaction, the Exchange may proceed withformal disciplinary action pursuant toPSE Rule 10.3, rather than with the MRPprocedures under PSE Rule 10.13.

In addition, the Exchange isproposing to amend PSE Rule 2.12(b)(1)to establish an administrative charge formember organizations that are late infiling their periodic FOCUS Reportswith the Exchange.5 The proposed rulechange would add a reference to Rule17a-5 to the text of PSE Rule 2.12(b)(1),making the late filing of periodicFOCUS Reports subject to the same‘‘late charge’’ schedule that currentlyapplies to the late filing of annualFOCUS Reports required by Rule 17a-10under the Act.6

2. Statutory BasisThe proposed rule change is

consistent with Section 6(b) of the Act,7


1 15 U.S.C. 78s(b)(1) (1988).2 17 CFR 240.19b–4 (1994).3 See Securities Exchange Act Release No. 36131

(August 22, 1995), 60 FR 44927 (August 29, 1995).4 Amendment No. 1 to the proposed rule change:

(1) Revises the language of Exchange Rule 1069(a)to specify that a FCO with a customized expirationdate may only be created with an expiration dateof up to two years from the date of its issuance; and(2) provides that with respect to FCOs withcustomized expiration dates, Exchange memberorganizations will be required to utilize a pro-ratamethod of assignment for its customers. Thisprocedure is set forth in new subsection (k) to Rule1069. See letter from Michele R. Weisbaum,Associate General Counsel, PHLX, to MichaelWalinskas, Branch Chief, Office of MarketSupervision (‘‘OMS’’), Division of MarketRegulation (‘‘Division’’), Commission, datedSeptember 14, 1995 (‘‘Amendment No. 1’’).

5 Amendment No. 2 to the proposed rule changeestablishes in new subsection (iv) to PHLX Rule1000(b)(21) when a Customized expiration dateFCO may expire. According to the PHLX’samendment, a Customized expiration date FCO willexpire at 10:15 a.m., Philadelphia time, on its

designated date provided that such date is notlonger than two years from its date of issuance andis an Exchange business date (excluding regularmid-month and end of month expiration dates anddays deemed invalid by the Exchange, such asExchange holidays and Exchange-designatedholidays). See letter from Michele R. Weisbaum,Associate General Counsel, PHLX, to MichaelWalinskas, Branch Chief, OMS, Division,Commission, dated November 7, 1995(‘‘Amendment No. 2’’).

6 Users of FCOs have been able to tradeCustomized FCOs on the PHLX since November1994. See Securities Exchange Act Release No.34925 (November 1, 1994), 59 FR 55720 (November8, 1994) (order approving File No. SR–PHLX–94–18) (‘‘Securities Exchange Act Release No. 34925’’).Through this mechanism, participants in thePHLX’s Customized FCO market have the ability tocustomize their strike price and quotation method,and may choose any underlying and base currencycombination from all Exchange-listed currencies.

in general, and Sections 6(b)(5) and6(b)(6), in particular, in that it isdesigned to promote just and equitableprinciples of trade, to protect investorsand the public interest, and to providethat members of the Exchange areappropriately disciplined for violationsof Exchange rules.

B. Self-Regulatory Organization’sStatement on Burden on Competition

The Exchange does not believe thatthe proposed rule change will imposeany inappropriate burden oncompetition.

C. Self-Regulatory Organization’sStatement on Comments on theProposed Rule Change Received FromMembers, Participants, or Others

No written comments were eithersolicited or received.

III. Date of Effectiveness of theProposed Rule Change and Timing forCommission Action

Within 35 days of the publication ofthis notice in the Federal Register orwithin such longer period (i) as theCommission may designate up to 90days of such date if it finds such longerperiod to be appropriate and publishesits reasons for so finding or (ii) as towhich the self-regulatory organizationconsents, the Commission will:

(A) By order approve the proposedrule change, or

(B) Institute proceedings to determinewhether the proposed rule changeshould be disapproved.

IV. Solicitation of CommentsInterested persons are invited to

submit written data, views, andarguments concerning the foregoing.Persons making written submissionsshould file six copies thereof with theSecretary, Securities and ExchangeCommission, 450 Fifth Street, NW.,Washington, DC 20549. Copies of thesubmission, all subsequentamendments, all written statementswith respect to the proposed rulechange that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying atthe Commission’s Public ReferenceSection, 450 Fifth Street, NW.,Washington, DC 20549. Copies of suchfiling will also be available forinspection and copying at the principaloffice of the Exchange. All submissionsshould refer to File No. SR–PSE–95–27

and should be submitted by December7, 1995.

For the Commission, by the Division ofMarket Regulation, pursuant to delegatedauthority.Margaret H. McFarland,Deputy Secretary.[FR Doc. 95–28318 Filed 11–15–95; 8:45 am]BILLING CODE 8010–01–M

[Release No. 34–36468; International SeriesRelease No. 882; File No. SR–PHLX–95–52]

Self-Regulatory Organizations; OrderGranting Approval to Proposed RuleChange and Notice of Filing and OrderGranting Accelerated Approval toAmendment Nos. 1 and 2 to ProposedRule Change by the Philadelphia StockExchange, Inc., Relating to CustomizedForeign Currency Options WithCustomized Expiration Dates

November 8, 1995

I. IntroductionOn July 27, 1995, the Philadelphia

Stock Exchange, Inc. (‘‘PHLX’’ or‘‘Exchange’’) submitted to the Securitiesand Exchange Commission(‘‘Commission’’), pursuant to Section19(b)(1) of the Securities Exchange Actof 1934 (‘‘Act’’) 1 and Rule 19b–4thereunder,2 a proposed rule change toprovide for the trading of customizedforeign currency options (‘‘CustomizedFCOs’’) with customized expirationdates.

The proposed rule change appeared inthe Federal Register on August 29,1995.3 No comment letters werereceived on the proposed rule change.The Exchange subsequently filedAmendment No. 1 to proposal onSeptember 14, 1995 4 and AmendmentNo. 2 on November 7, 1995.5 This order

approves the Exchange’s proposal, asamended.

II. Background and DescriptionPursuant to the proposed rule change,

the PHLX would be able to offer its FCOparticipants the ability to tradeCustomized FCOs 6 with non-standardized expiration dates. In effect,the proposal adds an additional term,‘‘expiration date,’’ that can be tailoredon a Customized FCO transaction. Atpresent, pursuant to Exchange Rule1012, FCO users can only tradeCustomized FCO contracts withexpiration dates corresponding to thosefor non-Customized FCOs. Thus,Customized FCO contracts may only betraded with mid-month and end-of-month expirations at 1, 2, 3, 6, 9, 12, 18,and 24 months. The Exchange’sproposal therefore revises thispreviously-standard term by allowingCustomized FCO contracts to expire onany business day (excluding Exchangeholidays, e.g., Memorial Day, andExchange-designated holidays, e.g.,Boxing Day) in any month up to twoyears from the date of its issuance. TheExchange represents that institutionsand multinational corporations willthus be able to hedge their exchange rateexposure more accurately by trading acontract that expires on a trading day oftheir choosing.

Under the PHLX’s proposal, anyCustomized FCO contract with acustomized expiration date(‘‘Customized expiration date FCOs’’)will cease trading at 9:00 a.m.,Philadelphia time, on its expirationdate, and will expire at 10:15 a.m.,Philadelphia time, on that date.Customized FCOs with expiration datesestablished pursuant to PHLX Rule 1012(i.e., Customized FCOs with expirationdates corresponding to the expirationdates for non-Customized FCOs),however, will not follow this procedure.Instead, maintaining current practice,


7 The Commission notes that the PHLX hasrecommended to its member organizations that theyadopt the same methodology as the OCC indetermining pro-rata assignment for Customizedexpiration date FCO assignments. Moreover, if anExchange member organization elects not to utilizethe OCC’s pro-rata procedures, memberorganizations have been instructed to notify thePHLX. Telephone Conversation between Michele R.Weisbaum, Associate General Counsel, PHLX, andMichael Walinskas, Branch Chief, OMS, Division,Commission, on November 1, 1995. See alsoSecurities Exchange Act Release No. 36453(November 2, 1995) (order approving OCC pro-rataallocation procedures for Customized expirationdate FCO assignments).

8 15 U.S.C. 78f(b)(5) and 78k–1 (1988).

9 The Commission notes that before trading inCustomized expiration date FCOs may commence,the Commission must approve a supplement to theOptions Disclosure Document (‘‘ODD’’) regardingthis product. See SR–ODD–95–1.

10 17 CFR 240.9b–1 (1994).

11 See Securities Exchange Act Release No. 34925,supra note 6. The Commission also notes that it hasapproved the listing by certain of the optionsexchanges to trade flexible exchange options onbroad/based indexes with customized expirationdates (‘‘FLEX Options’’) See, e.g., SecuritiesExchange Act Release No. 31920 (February 24,1993), 58 FR 12280 (March 3, 1993) (orderapproving listing and trading of FLEX Options onS&P 500 and 100 stock indexes).

12 See supra note 3.13 See supra note 3.

these option contracts will cease tradingat 2:30 p.m., Philadelphia time, on theirexpiration date, and expire at 11:59p.m., Philadelphia time, on the samedate, even if intentionally orunintentionally designated as aCustomized FCO with a customizedexpiration date.

Under the PHLX’s proposal, newseries of Customized expiration dateFCOs with ‘‘same day’’ expiration datesmay not be opened. In contrast, newseries of Customized FCOs withstandardized expiration dates may beopened on their expiration dates.Previously opened positions, however,may continue to be reduced or increasedon their expiration date until the end ofthe trading times noted above,regardless of whether the FCO containsa customized or standardized expirationdate.

In all other respects, transactions inCustomized FCOs containing acustomized expiration date shall betreated identically to other CustomizedFCOs. Moreover, all existing Exchangerules and regulations, including thoseinvolving surveillance and salespractice, will be applicable toCustomized expiration date FCOs.

In addition, under the PHLX’sproposal, Exchange memberorganizations will be required to utilizea pro-rata FCO assignments. Lastly, it iscontemplated that the pro-rata processbeing implemented by the Exchange andits member organizations will beidentical to that which the OptionsClearing Corporation (‘‘OCC’’) willutilize for Customized expiration dateFCO assignments.7

III. DiscussionThe Commission finds that the

proposed rule change is consistent withthe requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular, with therequirements of Sections 6(b)(5) and11A.8 Specifically, the Commissionbelieves that the proposed rule changeis designed to provide investors with a

tailored or customized product that maybe more suitable to their investmentneeds. Moreover, consistent withSection 11A, the proposal shouldencourage fair competition amongbrokers and dealers and exchangemarkets, by allowing the PHLX tocompete with the growing over-the-counter (‘‘OTC’’) market in CustomizedFCOs. In this regard, the Commissionnotes, the OTC derivatives market inCustomized FCOs has developed, inpart, because it meets the needs ofinstitutional investors who requireincreased flexibility in satisfyingparticular investment objectives.Accordingly, the Commission believesthat the PHLX’s proposal is a reasonableresponse to meet the demands ofsophisticated portfolio managers andother institutional investors who areincreasingly using the OTC market inorder to satisfy their foreign currencyhedging needs.

The Commission also believes that thePHLX’s proposal will help to promotethe maintenance of a fair and orderlyFCO market, consistent with Sections6(b)(5) and 11A, because the proposalextends the advantages of a listed,exchange market to Customized FCOswith customized expiration dates. Theattributes of the Exchange’s FCO marketversus an OTC market include, but arenot limited to, a centralized marketcenter, transparency, and secondarymarket liquidity. Similarly, by havingthe OCC as the issuer and guarantor ofCustomized expiration date FCOs,concerns regarding contra-partycreditworthiness and performance uponexercise are eliminated. Accordingly,the Commission believes that thePHLX’s proposal to trade Customizedexpiration date FCOs is appropriate.

Furthermore, the PHLX’s proposaloffers increased flexibility toinstitutional investors withoutincreasing the potential for marketmanipulation. As all existing Exchangerules and regulations regardingsurveillance and sales practice willapply to Customized expiration dateFCOs, the PHLX will be able to continueto adequately monitor Customized FCOsincluding Customized expiration dateFCOs.9

Finally, the Commission finds thatCustomized expiration date FCOs arestandardized options for purposes ofRule 9b–1 under the Act.10 TheCommission notes that its determinationthat Customized expiration date FCOs

are standardized options for purposes ofRule 9b–1 is consistent with its initialdecision regarding Customized FCOs.11

The Commission finds good cause forapproving Amendment No. 1 to theproposed rule change prior to thethirtieth day after the date ofpublication of notice of filing thereof inthe Federal Register. Specifically,Amendment No. 1 to the PHLX’sproposal merely clarifies the proposalby adding language to Rule 1069 thatspecifies the necessary procedures forexercise and assignment, and,particularly, the implementation of pro-rata assignment for the product. Theproposed use of pro-rata assignment wasadequately described in the PHLX’sproposal and was subject to a full noticeand comment period.12 As a result, theCommission does not believe that theamendment raises any new or uniqueregulatory issues. Accelerated approvalof the amendment will therefore permitthe Exchange to begin offering theseproducts without further delay to thoseinvestors who desire an exchange-traded product that includes acustomized expiration date.Accordingly, the Commission believesthat it is consistent with Section 6(b)(5)of the Act to approve Amendment No.1 to the proposal on an acceleratedbasis.

The Commission also finds goodcause for approving Amendment No. 2to the proposed rule change prior to thethirtieth day after the date ofpublication of notice of filing thereof inthe Federal Register. Specifically,Amendment No. 2 to the PHLX’sproposal merely serves to codify inPHLX rules the Exchange’s statedproposal, that was subject to a fullnotice and comment period,13 regardingthe specific time and date thatCustomized FCOs expire. As a result,the Commission does not believe thatthe amendment raises any new orunique regulatory issues. Acceleratedapproval of the amendment willtherefore permit the Exchange to beginoffering these products without furtherdelay to those investors who desire anexchange-traded product that includes acustomized expiration date.Accordingly, the Commission believesthat it is consistent with Section 6(b)(5)


14 15 U.S.C. 78s(b)(2) (1988).15 17 CFR 200.30–3(a)(12) (1994).

1 15 U.S.C. 78s(b)(1).2 17 CFR 240.19b–4 (1994).3 See Securities Exchange Act Release No. 35822

(June 8, 1995), 60 FR 31334.4 See Securities Exchange Act Release No. 35183

(December 30, 1994), 60 FR 2420 ( January 9, 1995)(order approving File No. SR–PHLX–94–41). Seealso Securities Exchange Act Release Nos. 25540(March 31, 1988), 53 FR 11390 (order approvingAUTOM on a pilot basis); 25868 (June 30, 1988),53 FR 25563 (order approving File No. SR–PHLX–88–22, extending pilot through December 31, 1988);26354 (December 13, 1988), 53 FR 51185 (orderapproving File No. SR–PHLX–88–33, extendingpilot program through June 30, 1989); 26522(February 3, 1989), 54 FR 6465 (order approvingFile No. SR–PHLX–89–1, extending pilot throughDecember 31, 1989); 27599 January 9, 1990), 55 FR1751 (order approving File No. SR–PHLX–89–03,extending pilot through June 30, 1990); 28625 (July26, 1990), 55 FR 31274 (order approving File No.SR–PHLX–90–16, extending pilot throughDecember 31, 1990); 28978 (March 15, 1991), 56 FR12050 (order approving File No. SR–PHLX–90–34),extending pilot through December 31, 1991); 29662(September 9, 1991), 56 FR 46816 (order approvingFile No. SR–PHLX–91–31, permitting AUTO–Xorders up to 20 contracts in Duracell options only);29782 (October 3, 1991), 56 FR 55146 (orderapproving File No. SR–PHLX–91–33, permittingAUTO–X for all strike prices and expirationmonths); 29837 (October 18, 1991), 56 FR 36496(order approving File No. SR–PHLX–90–03,extending pilot through December 31, 1993); 32906(September 15, 1993), 58 FR 15168 (order approvingFile No. SR–PHLX–92–38, permitting AUTO–Xorders up to 25 contracts in all equity options);34920 (October 31, 1994), 59 FR 55510 (November7, 1994) (order approving File No. SR–PHLX–94–40, codifying eligibility of index options for AUTO–X); and 33405 (December 30, 1993), 59 FR 790(order approving File No. SR–PHLX–93–57,extending pilot through December 31, 1994).

5 Orders for up to 500 contracts are eligible forAUTOM and, in general, public customer orders forup to 25 contracts are eligible for AUTO–X.Currently, public customer orders in XOC optionsfor up to 20 contracts are eligible for AUTO–X. SeeSecurities Exchange Act Release Nos. 35782 (May30, 1995), 60 FR 30136 (June 7, 1995) (orderapproving File No. SR–PHLX–95–30); and 32000(March 15, 1993), 58 FR 15168 (March 19, 1994)(order approving File No. SR–PHLX–92–38). InUSTOP 100 Index options, public customer ordersfor up to 50 contracts are eligible for executionsthrough AUTO–X. See Securities Exchange ActRelease No. 35781 (May 30, 1995), 60 FR 30131(June 7, 1995) (order approving File No. SR–PHLX–95–29).

6 See Securities Exchange Act Release No. 27599(January 9, 1990), 55 FR 1751 (January 18, 1990)(order approving File No. SR–PHLX–89–03).

7 See note 14, infra.8 See Securities Exchange Act Release No. 28978

(March 15, 1991), 56 FR 12050 (March 21, 1991)(order approving File No. SR–PHLX–90–34).

9 According to the PHLX, index options becameAUTO–X eligible in March 1991. In October 1994,the Exchange codified its practice of using AUTO–X for index options. See Securities Exchange ActRelease No. 34920 supra note 4.

10 The PHLX periodically will notify membersthat only those XOC series where the bid is at orbelow $10 at the end of the trading day will beeligible for AUTO–X. Telephone conversationbetween Edith Hallahan, Special Counsel,Regulatory Services, PHLX, and Yvonne Fraticelli,Attorney, Office of Market Supervision, Division ofMarket Regulation, Commission, on November 7,1995.

11 For example, the PHLX states that on trade dateJanuary 25, 1995, 40 XOC transactions occurred, 38of which involved a customer. Only two of thesetrades involved execution prices greater than $20,while 10 trades were above $10 but less than $20;28 customer trades were below $10. The 28

Continued

of the Act to approve Amendment No.2 to the proposal on an acceleratedbasis.

Interested persons are invited tosubmit written data, views, andarguments concerning Amendment Nos.1 and 2 to the rule proposal. Personsmaking written submissions should filesix copies thereof with the Secretary,Securities and Exchange Commission,450 Fifth Street, N.W., Washington, D.C.20549. Copies of the submission, allsubsequent amendments, all writtenstatements with respect to the proposedrule change that are filed with theCommission, and all writtencommunications relating to theproposed rule change between theCommission and any person, other thanthose that may be withheld from thepublic in accordance with theprovisions of 5 U.S.C. 552, will beavailable for inspection and copying atthe Commission’s Public ReferenceSection, 450 Fifth Street, N.W.,Washington, D.C. 20549. Copies of thisfiling also will be available forinspection and copying at the principaloffice of the PHLX. All submissionsshould refer to File No. SR–PHLX–95–52 and should be submitted byDecember 7 1995.

IV ConclusionFor the foregoing reasons, the

Commission finds that the PHLX’sproposal to trade Customized FCOs withcustomized expiration dates isconsistent with the requirements of theAct and the rules and regulationsthereunder.

It is therefore ordered, pursuant toSection 19(b)(2) of the Act,14 that theproposed rule change (SR–PHLX–95–52), as amended, is approved.



[Release No. 34–36467; File No. SR–PHLX–95–33]

Self-Regulatory Organizations; OrderApproving Proposed Rule Change bythe Philadelphia Stock Exchange, Inc.,Relating to the Automatic Execution ofNational Over-the-Counter IndexOptions

November 8, 1995.On May 11, 1995, the Philadelphia

Stock Exchange, Inc. (‘‘PHLX’’ or

‘‘Exchange’’) submitted to the Securitiesand Exchange Commission (‘‘SEC’’ or‘‘Commission’’), pursuant to Section19(b) of the Securities Exchange Act of1934 (‘‘Act’’),1 and Rule 19b–4thereunder,2 a proposed rule change tolimit the eligibility of National Over-the-Counter Index (‘‘XOC’’) options forexecution through the automaticexecution (‘‘AUTO–X’’) feature of thePHLX’s Automated Options Market(‘‘AUTOM’’) system. Specifically, thePHLX proposes to limit the AUTO–Xeligibility of XOC options to XOC serieswhere the bid is $10 or less. Under theproposal, XOC series where the bid isgreater than $10 will no longer beAUTO–X eligible and will be executedmanually.

Notice of the proposal appeared in theFederal Register on June 16, 1995. 3 Nocomment letters were received on theproposed rule change.

AUTOM, which has operated on apilot basis since 1988 and was mostrecently extended through December 31,1995,4 is the PHLX’s electronic orderrouting, delivery, execution andreporting system for equity and indexoptions. AUTOM is an on-line systemthat allows electronic delivery ofoptions orders from member firms

directly to the appropriate specialist onthe Exchange’s trading floor.

Certain orders are eligible forAUTOM’s automatic execution feature,AUTO–X,5 which was approved as partof the AUTOM pilot program in 1990.6AUTO–X orders are executedautomatically at the disseminatedquotation price on the Exchange andreported to the originating firm. Ordersthat are not eligible for AUTO–X arehandled manually by the specialist.7

In 1991, the Commission approved aPHLX proposal to extend AUTO–X toall equity options.8 According to thePHLX, the Exchange initiallyimplemented AUTO–X for all equityand index options.9 The PHLX nowproposes to limit the use of AUTO–X forXOC orders to XOC series where the bidis at or below $10; under the proposal,only those XOC series where the bid isat or below $10 at the end of the tradingday will be eligible for AUTO–X,effective the next trading day.10 ThePHLX states that these lower-pricedXOC series generally receive the mostinterest from public customers (i.e.,‘‘customers’’ who are not associatedwith broker-dealer organizations orsubject to discretionary authorization byassociated persons of broker-dealers).11


customer trades represented 439 contracts out of atotal of 531 contracts.

12 See note 17, infra, and accompanying text.13 15 U.S.C. § 78f(b) (1988 & Supp. V 1993).

14 The Commission notes that under PHLX Rule1033(a), ‘‘Bids and Offers—Premium,’’ specialistsand Registered Options Traders are required to fillpublic customer orders to a minimum depth of 10contracts at the best quoted bid or offer. As a matterof policy, public customer orders in XOC optionswhere the bid is at or below $10 that are executedmanually will be filled to a depth of 20 contractsat the best quoted bid or offer.

15 The Commission notes that it considered thevolatility of the XOC, in addition to other factors,in approving a PHLX proposal to widen themaximum quote spread parameters for higher-priced XOC options. See Securities Exchange ActRelease No. 34781 (October 3, 1994), 59 FR 51467(October 11, 1994) (order approving File No. SR–PHLX–94–28) (approving quote spreads of $2.00 forXOC options with bids of $20.00 to less than $40.00and $3.00 for XOC options with bids of $40.00 ormore).

16 Telephone conversation between Dan Hustad,CBOE, and Yvonne Fraticelli, Attorney, OptionsBranch, Division, Commission, on July 7, 1995.

17 The Commission would be concerned aboutany proposal that would limit the availability ofautomatic execution systems to only out-of-the-money series. See The Division of MarketRegulation, The October 1987 Market Break(February 1988) at 8–22.

18 15 U.S.C. 78s(b)(2) (1984).19 17 CFR 200.30–3(a)(12) (1994).

Accordingly, the Exchange believes thatthese series are the most appropriate forautomatic execution.

According to the PHLX, the proposalis also a response to recent volatility inthe over-the-counter (‘‘OTC’’) markets,which has made it increasingly difficultfor specialists and market makers tomonitor quotations to reflect changes inthe markets for the underlyingsecurities. The PHLX believes thatmarket makers and specialists requiresufficient time to adjust theirquotations, particularly becauseparticipation in AUTOM and AUTO–Xis mandatory.

In addition, the PHLX states that it isconsistent with the practices of otheroptions exchanges to limit automaticexecution eligibility to certain series,such as near-term, at-the-moneyseries.12 Thus, for competitive reasons,the Exchange seeks to create a levelplaying field with respect to automaticexecution parameters.

The Exchange notes that the proposaldoes not affect the AUTO–X eligibilityof any other equity or index option. ThePHLX intends to clearly communicate toits membership and AUTOM users, ona periodic basis, the proposed AUTO–Xlimitation for XOC options through aninformation circular.

The PHLX believes that the proposalis consistent with Section 6(b) of theAct, in general, and, in particular, withSection 6(b)(5), in that it is designed topromote just and equitable principles oftrade and to prevent fraudulent andmanipulative acts and practices.

The Commission finds that theproposed rule change is consistent withthe requirements of the Act and therules and regulations thereunderapplicable to a national securitiesexchange, and, in particular, therequirements of Section 6(b)(5) in thatthe proposal is designed to promote justand equitable principles of trade and toprotect investors and the publicinterest.13 Specifically, the Commissionbelieves that the proposal strikes areasonable balance between preservingthe benefits of AUTO–X for the XOCseries traded most frequently by publicconsumers and providing PHLX marketmakers and specialists with sufficienttime to update their quotations inhigher-priced XOC series. In this regard,the PHLX has stated that most publiccustomer orders in XOC options are forseries where the bid is at or below $10.Thus, by maintaining the AUTO–Xeligibility of such XOC orders, the

proposal ensures that public customerorders in XOC options where the bid isat or below $10 will continue to receivethe benefits of AUTO–X, including theguaranteed execution of publiccustomer orders for up to 20 contractsin such XOC options at the displayedquote. Despite the change in AUTO–Xeligibility for certain XOC series, theCommission notes that under PHLXrules public customer orders in XOCseries where the bid is above $10 willcontinue to be guaranteed the bestquoted bid or offer for at least 10contracts.14

The continued availability of AUTO–X for those XOC series where the bid is$10 or less should help to maintain thedepth and liquidity of the market forXOC options and minimize the numberof XOC transactions that require manualexecution on the Exchange floor,thereby providing the opportunity forincreased efficiency in the handling ofnon-AUTOM orders. At the same time,requiring manual execution of orders inXOC series where the bid is greater than$10 should help to ensure that marketmakers and specialists have sufficienttime to update their quotations to reflectchanges in the markets for theunderlying securities before executingan option order. Accordingly, theproposal should address the problemsassociated with the high volatility of thesecurities comprising the XOC, whichhas resulted in the need for PHLXspecialists to frequently change quotesin the XOC.15

The Commission notes that theChicago Board Options Exchange, Inc.(‘‘CBOE’’) limits the availability ofautomatic execution to certain optionsseries. Specifically, on the CBOE onlythe four most active puts and calls inthe two near-term months in Nasdaq100 Index options, Standard & Poor’s(‘‘S&P’’) 500 Index options, and S&P 100Index options are eligible for the CBOE’sRetail Automated Execution System

(‘‘RAES’’).16 The Commission is notaware of any significant negativecomments associated with the CBOE’sRAES policy. Accordingly, theCommission believes that it isreasonable for the PHLX, like the CBOE,to limit the use of automatic executionto those series most actively used bypublic customers.17

Finally, the PHLX has representedthat it will communicate the change inAUTO–X eligibility to its members andAUTOM users through an informationcircular prior to implementing the rule.The PHLX also will periodically notifymembers about the new rule. TheCommission believes that this willprovide PHLX members and AUTOMusers with adequate notice of the changein the availability of AUTO–X for XOCoptions.

It is therefore ordered, pursuant toSection 19(b)(2) of the Act,18 that theproposed rule change (File No. SR–PHLX–95–33) is approved.





Proposed Advisory Circular 21–32A,Control of Products and Parts ShippedPrior to Type Certificate Issuance

AGENCY: Federal AviationAdministration (FAA), DOT.ACTION: Notice.

SUMMARY: This notice announces theavailability of proposed AdvisoryCircular (AC) 21–32A, Control ofProducts and Parts Shipped Prior toType Certificate Issuance, for reviewand comments. The proposed AC 21–32A provides information and guidanceconcerning an acceptable means, but notthe only means, of demonstratingcompliance with the requirements of theFederal Aviation Regulations (FAR) part21, Certification Procedures for Productsand Parts.


DATES: Comments submitted mustidentify the proposed AC 21–32A,project number 94–031, and be receivedby December 30, 1995.ADDRESSES: Copies of the proposed AC21–32A can be obtained from andcomments may be returned to thefollowing: Federal AviationAdministration, Policy and ProceduresBranch, AIR–230, Production andAirworthiness Certification Division,Aircraft Certification Service, 800Independence Avenue, SW.,Washington, DC 20591.FOR FURTHER INFORMATION CONTACT:Production and AirworthinessCertification Division, Room 815,Aircraft Certification Service, FederalAviation Administration, 800Independence Avenue, SW.,Washington, DC 20591, (202) 267–8361.

Background

The proposed AC 21–32A providesinformation and guidance to FAAproduction approval and approvedproduction inspection system holdersconcerning the control of products andparts shipped prior to the insurance oftype certificate or supplemental typecertificate.

Comments Invited

Interested persons are invited tocomment on the proposed AC 21–32Alisted in this notice by submitting suchwritten data, or arguments as they desireto the aforementioned specified address.All communications received on orbefore the closing date for commentsspecified above will be considered bythe Director, Aircraft CertificationService, before issuing the final AC.

Comments received on the proposedAC 21–32A may be examined beforeand after the comment closing date inRoom 815, FAA headquarters building(FOB–10A), 800 Independence Avenue,SW., Washington, DC 20591, between8:30 a.m. and 4:30 p.m.

Issued in Washington, DC, on November 9,1995.Terry Allen,Acting Manager, Production andAirworthiness Certification Division.[FR Doc. 95–28345 Filed 11–15–95; 8:45 am]BILLING CODE 4910–13–M

Civil Tiltrotor Development AdvisoryCommittee

Pursuant to Section 10(A)(2) of theFederal Advisory Committee Act, PublicLaw (72–362); 5 U.S.C. (App. I), noticeis hereby given of a meeting of theFederal Aviation Administration (FAA)sponsored Civil Tiltrotor Development

Advisory Committee (CTRDAC) to beheld December 4 at 10:30 a.m. Themeeting will take place at the U.S.Department of Transportation, 400 7thStreet, SW., Washington, DC, in rooms10234–10236.

The agenda for the final meeting ofthe CTRDAC will include:(1) Discussion of the draft Civil Tiltrotor

Development Advisory CommitteeReport

(2) Discussion of unresolved issuesSince access to the DOT building is

controlled, all persons who plan toattend the meeting must notify Ms.Karen Braxton, Staff Assistant to theDesignated Federal Official on (202)267–9451 prior to close of business onNovember 28. Attendance is open to theinterested public but limited to spaceavailable. With the approval of theChairman, members of the public maypresent oral statements at the meeting.Noncomittee members wishing topresent oral statements, obtaininformation, or who plan to access thebuilding to attend the meeting shouldalso contact Ms. Braxton.

Members of the public may present awritten statement to the Committee atany time.

Persons with a disability requiringspecial services, such as an interpreterfor the hearing impaired, should contactMs. Karen Braxton (202) 267–9451 atleast seven days prior to the meeting.Issued in Washington, D.C. onNovember 9, 1995.Richard A. Weiss,Designated Federal Official, Civil TiltrotorDevelopment Advisory Committee.[FR Doc. 95–28346 Filed 11–15–95; 8:45 am]BILLING CODE 4910–13–M

National Highway Traffic SafetyAdministration


Bridgestone/Firestone, Inc.; Grant ofApplication for Decision ofInconsequential Noncompliance

Bridgetsone/Firestone, Inc.(Bridgestone/Firestone) of Nashville,Tennessee, has determined that some ofits tires fail to comply with the labelingrequirements of 49 CFR 571.119,Federal Motor Vehicle Safety Standard(FMVSS) No. 119, ‘‘New PneumaticTires for Vehicles Other Than PassengerCars,’’ and has filed an appropriatereport pursuant to 49 CFR Part 573,‘‘Defect and Noncompliance Reports.’’Bridgestone/Firestone has also appliedto be exempted from the notificationand remedy requirements of 49 U.S.C.Chapter 301—‘‘Motor Vehicle Safety’’

on the basis that the noncompliance isinconsequential to motor vehicle safety.

Notice of receipt of the applicationwas published on August 21, 1995 (60FR 43491). This notice grants theapplication.

In FMVSS No. 119, Paragraph S6.5(b)specifies that each tire shall be markedwith ‘‘[t]he tire identification numberrequired by Part 574 [Tire Identificationand Recordkeeping] of this chapter.’’ InPart 574.5, Paragraphs (a) through (d)specify the information which must beplaced on the tire. Paragraphs (a)through (c) specify information relatingto the identification of the manufacturerand tire size. Paragraph (d) specifiesinformation relating to the specificationof a code for the date of manufacture.Paragraph (d) states that the date code‘‘shall immediately follow’’ theinformation specified in Paragraphs (a)through (c).

During the period of July 17, 1994through April 24, 1995, Bridgestone/Firestone produced 19,563 tires whichhad incorrect serial numbers. The sizesof the subject tires are 8.25–20, 9.00–20,10.00–20, and 11.00–20. In the incorrectserial numbers, the date code is at thebeginning of the number rather than atthe end, as required. The tires arelabeled as ‘‘384 V52JEFD’’ instead of therequired ‘‘V52JEFD 384.’’ The date codeis ‘‘384.’’

Bridgestone/Firestone supported itsapplication for inconsequentialnoncompliance with the following:

First, all tires manufactured in the affectedsize/type meet all requirements of Standard119 except tire markings pertaining to[S6.5(b)].

Second, if there would be a need for theconsumer or manufacturer representative(BFS) to read the serial, sufficientinformation exists to define themanufacturing location as Bridgestone/Firestone, Inc., Mexico City, Mexico. Thissituation has been reviewed with ourRegistration company and can be adequatelyhandled.

Thirdly, a principal need for tire serials isidentification for recall purposes. In theevent of any future recall of these tires, therecall letter would explain the transposedmarking

No comments were received on theapplication.

The primary safety purpose ofrequiring serial information on tires is toenable identification of them for thepurposes of notification and remedy inthe event they are determined to benoncompliant or incorporate a safety-related defect. If it is necessary to recallthe tires that are the subject of thisapplication, enough information existson them to trace the tires back to theirplant of manufacture. Further,Bridgestone/Firestone would explain


the transposed marking in the recallletter to the owners so that they canproperly identify the subject tires.Because the noncompliance does notcause the tires to be unidentifiable,NHTSA does not believe it willadversely affect safety.

In consideration of the forgoing,NHTSA finds that the applicant has metits burden of persuasion that thenoncompliance herein described isinconsequential to safety. Accordingly,its application is granted, and theapplicant is exempted from providingthe notification of the noncompliancethat is required by 49 U.S.C. 30118, andfrom remedying the noncompliance, asrequired by 49 U.S.C. 30120.(49 U.S.C. 30118, 30120; delegations ofauthority at 49 CFR 1.50 and 501.8)

Issued on November 9, 1995.Barry Felrice,Associate Administrator for SafetyPerformance Standards.[FR Doc. 95–28297 Filed 11–15–95; 8:45 am]BILLING CODE 4910–59–M

DEPARTMENT OF THE TREASURY

Office of the Comptroller of theCurrency

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCECORPORATION

Proposed Agency InformationCollection Activities; Comment

AGENCIES: Office of the Comptroller ofthe Currency (OCC), Treasury; Board ofGovernors of the Federal ReserveSystem (Board); and Federal DepositInsurance Corporation (FDIC).ACTION: Notice and request for comment.

BACKGROUND: In accordance with therequirements of the PaperworkReduction Act of 1995 (44 U.S.C.chapter 35), the OCC, the Board, and theFDIC (the ‘‘agencies’’) may not conductor sponsor, and the respondent is notrequired to respond to, an informationcollection that has been extended,revised, or implemented on or afterOctober 1, 1995, unless it displays acurrently valid Office of Managementand Budget (OMB) control number.Proposed revisions to the followingcurrently approved collections ofinformation have received approvalfrom the Federal Financial InstitutionsExamination Council (FFIEC), of whichthe agencies are members, and arehereby published for comment. At theend of the comment period, thecomments and recommendations

received will be analyzed to determinethe extent to which the proposedrevisions should be modified prior tothe agencies’ submission of them toOMB for review and approval.Comments are invited on: (a) Whetherthe proposed revisions to the followingcollections of information are necessaryfor the proper performance of theagencies’ functions, including whetherthe information has practical utility; (b)the accuracy of the agencies’ estimate ofthe burden of the informationcollections as they are proposed to berevised, including the validity of themethodology and assumptions used; (c)ways to enhance the quality, utility, andclarity of the information to becollected; and (d) ways to minimize theburden of information collection onrespondents, including through the useof automated collection techniques orother forms of information technology.DATES: Comments must be submitted onor before January 16, 1996.ADDRESSES: Interested parties areinvited to submit written comments toany or all of the agencies. All comments,which should refer to the OMB controlnumber(s), will be shared among theagencies.

OCC: Written comments should besubmitted to the CommunicationsDivision, Ninth Floor, Office of theComptroller of the Currency, 250 EStreet, S.W., Washington, D.C. 20219;Attention: Paperwork Docket No. 1557–0081 [FAX number (202) 874–5274;Internet address:[email protected]].Comments will be available forinspection and photocopying at thataddress.

Board: Written comments should beaddressed to Mr. William W. Wiles,Secretary, Board of Governors of theFederal Reserve System, 20th and CStreets, N.W., Washington, D.C. 20551,or delivered to the Board’s mail roombetween 8:45 a.m. and 5:15 p.m., and tothe security control room outside ofthose hours. Both the mail room and thesecurity control room are accessiblefrom the courtyard entrance on 20thStreet between Constitution Avenue andC Street, N.W. Comments received maybe inspected in room M–P–500 between9:00 a.m. and 5:00 p.m., except asprovided in section 261.8 of the Board’sRules Regarding Availability ofInformation, 12 CFR 261.8(a).

FDIC: Written comments should besent to Jerry L. Langley, ExecutiveSecretary, Attention: Room F–402,Federal Deposit Insurance Corporation,550 17th Street, N.W., Washington, D.C.20429. Comments may be hand-delivered to Room F–402, 1776 F Street,

N.W., Washington, D.C. 20429, onbusiness days between 8:30 a.m. and5:00 p.m. [FAX number (202) 898–3838;Internet address: [email protected]].Comments will be available forinspection and photocopying in Room7118, 550 17th Street, N.W.,Washington, D.C. 20429, between 9:00a.m. and 4:30 p.m. on business days.

A copy of the comments may also besubmitted to the OMB desk officer forthe agencies: Milo Sunderhauf, Office ofInformation and Regulatory Affairs,Office of Management and Budget, NewExecutive Office Building, Room 3208,Washington, D.C. 20503.FOR FURTHER INFORMATION CONTACT: Acopy of the proposed revisions to thecollections of information may berequested from any of the agencyclearance officers whose names appearbelow.

OCC: Jessie Gates, OCC ClearanceOfficer, (202) 874–5090, Office of theComptroller of the Currency, 250 EStreet, SW., Washington, DC 20219.

Board: Mary M. McLaughlin, BoardClearance Officer, (202) 452–3829,Division of Research and Statistics,Board of Governors of the FederalReserve System, 20th and C Streets,NW., Washington, DC 20551. For thehearing impaired only,Telecommunications Device for the Deaf(TDD), Dorothea Thompson, (202) 452–3544, Board of Governors of the FederalReserve System, 20th and C Streets,NW., Washington, DC 20551.

FDIC: Steven F. Hanft, FDIC ClearanceOfficer, (202) 898–3907, Office of theExecutive Secretary, Federal DepositInsurance Corporation, 550 17th StreetNW., Washington, DC 20429.SUPPLEMENTARY INFORMATION: Proposalto revise the following currentlyapproved collections of information:Title: Consolidated Reports of Condition

and Income.Form Number: FFIEC 031, 032, 033,

034.For OCC:

OMB Number: 1557–0081.Frequency of Response: Quarterly.Affected Public: National Banks.Estimated Number of Respondents:

2,900 national banks.Estimated Time per Response: 38.02

burden hours.Estimated Total Annual Burden:

441,024 burden hours.For Board:

OMB Number: 7100–0036.Frequency of Response: Quarterly.Affected Public: State Member Banks.Estimated Number of Respondents:

1,002 state member banks.Estimated Time per Response: 44.01

burden hours.


Estimated Total Annual Burden:176,392 burden hours.For FDIC:

OMB Number: 3064–0052.Frequency of Response: Quarterly.Affected Public: Insured State

Nonmember Commercial and SavingsBanks.

Estimated Number of Respondents:7,011 insured state nonmembercommercial and savings banks.

Estimated Time per Response: 27.87burden hours.

Estimated Total Annual Burden:781,473 burden hours.The estimated time per response

varies by agency because of differencesin the composition of the banks undereach agency’s supervision (e.g., sizedistribution of banks, types of activitiesin which they are engaged, and numberof banks with foreign offices).

General Description of Report: Thisinformation collection is mandatory: 12U.S.C. 161 (for national banks), 12U.S.C. 324 (for state member banks), and12 U.S.C. 1817 (for insured statenonmember commercial and savingsbanks). Except for select sensitive items,this information collection is not givenconfidential treatment. Small businesses(i.e., small banks) are affected.

Abstract: Consolidated Reports ofCondition and Income are filedquarterly with the agencies for their usein monitoring the condition andperformance of reporting banks and theindustry as a whole. The reports are alsoused by the FDIC to calculate banks’deposit insurance assessments.

Current Actions: The new items thatwould be added to the Call Report arenecessary to enhance the supervisoryprocess for monitoring regulatorycapital ratios, liquidity ratios, sales ofassets, off-balance sheet derivativecontracts, and managed credit cardreceivables. A number of items wouldbe consolidated or deleted.

Type of Review: Revisitation.The proposed revisions to the

Consolidated Reports of Condition andIncome (Call Report) that are the subjectof this notice have been approved by theFFIEC for implementation as of theMarch 31, 1996, report date. Theproposed changes affect several existingCall Report schedules. Unless otherwiseindicated, the Call Report changes applyto all four sets of report forms (FFIEC031, 032, 033, and 034). Nonetheless, asis customary for Call Report changes,banks are advised that, for the March 31,1996, report date, reasonable estimatesmay be provided for any new or reviseditem for which the requestedinformation is not readily available.

On August 2, 1995, the agenciesjointly published for a 60-day public

comment period a proposedSupervisory Policy StatementConcerning A Supervisory Frameworkfor Measuring and Assessing Banks’Interest Rate Risk Exposure (60 FR39495, August 2, 1995). That proposalincluded proposed Call Reportschedules and draft instructions thatwould be implemented beginning withthe March 31, 1996, report date, exceptby small banks that meet certainexemption criteria. Because commentswere invited regarding the proposedCall Report interest rate risk reportingrequirements and their paperworkimplications, the proposed interest raterisk schedules are not covered by thisnotice.

The proposed revisions aresummarized as follows:

Deletions and Reductions in DetailThe level of detail would be reduced

in two areas for banks that file theFFIEC 031, 032, and 033 report forms(i.e., banks with $100 million or more inassets or with foreign offices). (Smallerbanks that file the FFIEC 034 reportforms do not provide these detaileddata.) First, the breakdown ofnontransaction accounts by type ofdepositor in the deposit schedule(Schedule RC–E) would contain fewercategories. The separate items fornontransaction accounts of ‘‘U.S.branches and agencies of foreign banks’’and ‘‘Other commercial banks in theU.S.’’ would be combined into a singleitem. Similarly, the separate items fornontransaction accounts of ‘‘Foreignbranches of other U.S. banks’’ and‘‘Other banks in foreign countries’’would be combined.

Second, a single income statementitem for trading revenue would replacethe separate items for foreign exchangetrading gains (losses) and other tradinggains (losses). The memorandum itemsproviding a four-way breakdown oftrading revenue by risk exposure(interest rate, foreign exchange, equity,and commodity and other), which wereadded in March 1995, would continueto be collected. The sum of thememorandum items would equal thenew single income statement item.

Call Report items in the fourfollowing areas would be deleted:

(1) Memorandum items for totaldeposits, total demand deposits, andtotal time and savings deposits (indomestic offices) that have beencollected in the deposit schedule fordeposit insurance assessment purposes(Schedule RC–E, Memorandum items 4,4.a, and 4.b).

(2) A deposit schedule memorandumitem for total deposits (in domesticoffices) denominated in foreign

currencies (Schedule RC–E,Memorandum item 1.d).

(3) An income statementmemorandum item for foreign taxcredits (Schedule RI, Memorandum item3). (This item has been completed onlyby banks that file the FFIEC 031, 032,and 033 report forms, i.e., banks with$100 million or more in assets or withforeign offices.)

(4) An income statementmemorandum item for the taxableequivalent adjustment to pretax income(Schedule RI, Memorandum item 4).(This item has been applicable only tobanks with foreign offices and $1 billionor more in assets that file the FFIEC 031report forms.)

New ItemsCall Report items in the following

areas would be added:

(1) Capital and Asset Amounts Used inCalculating Regulatory Capital Ratios

At present, the Call Report includes avariety of items in several scheduleswhich the agencies use to calculate theleverage and risk-based capital ratios forindividual banks. However, acomparison of the agencies’ regulatorycapital standards to the informationcurrently reported in the Call Reportreveals that the Call Report does notcollect all of the information that theagencies need to calculate each bank’sTier 1, Tier 2, and total capital in strictaccordance with the definitions in theagencies’ capital standards.Nevertheless, according to informalinput received from bankers, banksroutinely calculate their regulatorycapital ratios at least quarterly forinternal management purposes.

Thus, rather than introducing newCall Report items for specific elementsof the regulatory capital ratiocalculations that are not currentlyreported so that further refinements canbe made to the banking agencies’formulas for calculating capital ratios,banks would begin to report the endresults of their own internal regulatorycapital analyses. Six new items wouldcover Tier 1 capital, Tier 2 capital, totalrisk-based capital, total risk-weightedassets (the denominator of the risk-based capital ratio, i.e., net ofdeductions), the excess amount of theallowance for loan and lease losses (ifany), and ‘‘average total assets’’ (thedenominator of the leverage capitalratio, i.e., net of deductions).

Banks would not be required to go togreater lengths to identify anddetermine the amounts to be reported inthe six new capital-related items thanthey are currently doing when theycalculate their capital ratios for internal


management purposes. Beginning tocollect the six regulatory capital itemsin 1996 may provide a basis foreliminating at a later date some itemsnow reported in the Call Report solelyfor risk-based capital calculationpurposes. To assist banks in accuratelyreporting these capital items, anoptional regulatory capital worksheetwould be developed, provided regularlyto banks, and updated as necessary.

In addition, the agencies understandthat bankers and other interested partieshave found it difficult and time-consuming to calculate the regulatorycapital ratios for other banks usingexisting Call Report data. Consequently,the addition of these six items shouldsimplify bankers’ calculations of otherbanks’ capital ratios as well ascalculations made by other public usersof bank Call Reports.

(2) Short-Term Liabilities and AssetsThe staffs of the agencies plan to

revise the liquidity ratios in the UniformBank Performance Report (UBPR) tofocus on short-term and total non-coreliabilities (instead of so-called ‘‘volatileliabilities’’) as well as short-term assetsand liabilities. As a result, changeswould be made to the reporting ofmaturity and repricing data for certaincategories of liabilities and assets.

Accordingly, the following changeswould be implemented:

(a) Other borrowed money—On theCall Report balance sheet, the two-waybreakdown of ‘‘Other borrowed money’’based on the original maturity of theborrowing would be changed to a two-way breakdown based on remainingmaturity (Schedule RC, item 16).

(b) Time deposits—A number ofchanges would be made in the reportingof these data.

First, the maturity and repricing datafor open-account time deposits of$100,000 or more, which are currentlyincluded with the maturity andrepricing data for time deposits of lessthan $100,000 (in Schedule RC–E,Memorandum item 5), would beswitched so that these data are includedwith the maturity and repricing data fortime certificates of deposit of $100,000or more (in Schedule RC–E,Memorandum item 6). (Schedule RC–E,Memorandum items 5 and 6 are notapplicable to FDIC-supervised savingsbanks that must complete the CallReport’s supplemental Schedule RC–J.)

Second, the maturity and repricingdata for fixed rate and floating rate timedeposits of less than $100,000, whichare currently reported on a combinedbasis (in Schedule RC–E, Memorandumitem 5), would be split so that theremaining maturity of fixed rate time

deposits of less than $100,000 would bereported separately from the repricingfrequency of floating rate time depositsof less than $100,000. A new timeinterval would also be added for thesetime deposits. Fixed rate time depositsless than $100,000 would contain amaturity category of over 12 months andfloating rate time deposits of less than$100,000 would include a repricinginterval of less frequently than annually.(Schedule RC–E, Memorandum item 5 isnot applicable to FDIC-supervisedsavings banks that must complete theCall Report’s supplemental ScheduleRC–J.)

Third, two new Memorandum itemswould be collected in the depositschedule for floating rate time depositsof $100,000 or more with a remainingmaturity of one year or less and forfloating rate time deposits of less than$100,000 with a remaining maturity ofone year or less. These items would becollected from commercial banks. ForFDIC-supervised savings banks, twonew Memorandum items would becollected in supplemental Schedule RC–J for time deposits of $100,000 or morewith a remaining maturity of one yearor less and for time deposits of less than$100,000 with a remaining maturity ofone year or less.

(c) Brokered deposits and deposits inforeign offices—New Memorandumitems would be created for (i) Brokereddeposits issued in denominations of lessthan $100,000 with a remainingmaturity of one year or less, (ii)brokered deposits issued indenominations of $100,000 or morewith a remaining maturity of one yearor less, and (ii) for banks that file theFFIEC 031 version of the Call Report,time deposits in foreign offices with aremaining maturity of one year or less.

(d) Loans—For commercial banks, asingle Memorandum item for floatingrate loans with a remaining maturity ofone year or less would be added to theloan schedule (Schedule RC–C). ForFDIC-supervised savings banks, a singleMemorandum item for loans with aremaining maturity of one year or lesswould be added to supplementalSchedule RC–J.

(e) Debt securities—For FDIC-supervised savings banks, a singleMemorandum item for debt securitieswith a remaining maturity of one yearor less would be added to supplementalSchedule RC–J. Savings banks wouldbegin to complete this new item insteadof an existing Memorandum item in thesecurities schedule on floating rate debtsecurities with a remaining maturity ofone year or less (Schedule RC–B,Memorandum item 6). Commercialbanks would continue to complete

existing Memorandum item 6 inSchedule RC–B. In the newMemorandum item for savings banks,held-to-maturity securities would bereported at amortized cost andavailable-for-sale securities would bereported at fair value, consistent withthe method of reporting these twocategories of securities in the ScheduleRC–B Memorandum item.

(3) Small Business Obligations SoldWith Recourse

The agencies have issued rules toimplement section 208 of the RiegleCommunity Development andRegulatory Improvement Act of 1994.(For OCC: 60 FR 47455, September 13,1995. For Board: 60 FR 45612, August31, 1995. For FDIC: 60 FR 45606,August 31, 1995.) Section 208 providesthat a qualifying insured depositoryinstitution that sells small businessloans and leases on personal propertywith recourse is required to includeonly the amount of retained recourse inits risk-weighted assets whencalculating its risk-based capital ratios,provided certain conditions are met.Section 208 also states that qualifyinginstitutions should report thesetransactions in accordance withgenerally accepted accountingprinciples (GAAP) in the Call Report.

To be a qualifying institution, a bankmust be well capitalized based oncapital ratio calculations made withoutregard to the preferential capitaltreatment that Section 208 authorizesfor these transactions. In addition, ingeneral, for purposes of determining abank’s capital category under theprompt corrective action rules, thecapital ratio calculations must be madewithout regard to the preferentialSection 208 treatment.

The Call Report instructions for ‘‘salesof assets’’ will be revised to incorporatethe GAAP reporting treatment for salesof small business obligations withrecourse by qualifying institutions.Additionally, to enable the agencies todetermine the capital ratios ofinstitutions that have engaged intransactions covered by Section 208 onthe ‘‘without regard to’’ basis mentionedabove, Call Report items would beadded for (i) the outstanding amount ofsmall business obligations sold withrecourse and (ii) the amount of retainedrecourse on such obligations.

(4) Credit Losses on Off-Balance SheetDerivative Contracts

Banks that file the FFIEC 031 and 032report forms (i.e., banks with $300million or more in assets or with foreignoffices) began to report informationabout past due derivatives in the Call


Report in 1994. However, some bankshave incurred credit losses on theirderivative contracts, but the agenciescannot track these losses for individualinstitutions or for the industry as awhole. Therefore, a new item would beadded in which those banks that arerequired to report past due derivativedata would also report their year-to-datecredit losses on derivatives.

On a related matter, the Call Reportinstructions for reporting amountsassociated with derivatives that are pastdue 90 days or more would be revisedso that banks would begin to alsoinclude information about derivativesthat, while not technically past due, arewith counterparties that are notexpected to pay the full amounts owedto the institution under the derivativecontracts.

(5) Change in Frequency of Reporting onSecuritized Credit Card Receivables

In order to evaluate the financialperformance of credit card banks andother banks with credit card operationsthat have securitized and sold creditcard receivables, the volume ofreceivables on all of the credit cardaccounts managed or serviced by abank, both on and off of the books, mustbe known. Banks that file the FFIEC 031and 032 report forms (i.e., banks with$300 million or more in assets or withforeign offices) report annually as ofSeptember 30 the outstanding amount of‘‘Credit cards and related plans’’ thathave been securitized and sold withoutrecourse with servicing retained. Incontrast, these banks report the amountof ‘‘Credit cards and related plans’’ ontheir books each quarter. Given thegrowth in the volume of bank creditcard securitizations, these banks wouldbegin to report the outstanding amountof securitized credit card receivablesthat they service on a quarterly ratherthan annual basis.

Instructional ChangesThe following changes, which may

affect how some banks report certaininformation in the Call Report, would bemade to the instructions.

(1) Reporting of low level recourse forrisk-based capital purposes—The threebanking agencies amended their risk-based capital standards earlier this yearto incorporate the low level recourserule. (For OCC: 60 FR 17986, April 10,1995. For Board: 60 FR 8177, February13, 1995. For FDIC: 60 FR 15858, March28, 1995.) Under this rule, when a bankhas transferred assets with recourse, theamount of risk-based capital that mustbe maintained is limited to the bank’smaximum contractual exposure underthe recourse agreement if this is less

than the amount of capital that wouldhave to be held against the outstandingamount of the transferred assets.

In the Call Report materialsdistributed to banks for the first threequarters of this year, interim guidancehas been provided on how low levelrecourse transactions should be reportedin the risk-based capital schedule(Schedule RC–R). Under this interimguidance, a bank’s maximumcontractual exposure in a low levelrecourse transaction is multiplied by afactor that is a function of the riskweight category applicable to thetransferred assets. The resulting amountis then reported in the Schedule RC–Ritem for the applicable risk weight andwould thereby be included in the bank’srisk-weighted assets. This interimguidance would now be formallyincorporated into the Call Reportinstructions.

(2) Reporting of quarterly averages ina quarter when push down accountinghas been applied—The instructions forthe quarterly average calculations inSchedule RC–K would be clarified toindicate that banks acquired in pushdown transactions should calculatequarterly averages using only amountsfor the days since the acquisition in thenumerator and the number of days sincethe acquisition in the denominator.

(3) Instructions for Schedule RC–R,item 8, ‘‘On-balance sheet asset valuesexcluded from the calculation of therisk-based capital ratio’’—Schedule RC–R, item 8, includes any positive fairvalues carried on the balance sheet forinterest rate, foreign exchange, equityderivative, and commodity and othercontracts that are treated as off-balancesheet instruments for risk-based capitalpurposes. Because the fair values ofsuch contracts, if positive, are includedin the calculation of their creditequivalent amounts for risk-basedcapital purposes, the reporting of theseamounts in item 8 ensures that they arenot ‘‘double counted’’ when theagencies calculate a bank’s risk-weighted assets.

In contrast, the existing instructionsindicate that accrued receivablesassociated with off-balance sheetderivative contracts are to be excludedfrom item 8 and assigned to theappropriate risk weight category in thesame manner as other on-balance sheetitems. However, consistent with GAAP,institutions may include accruedreceivables related to derivativecontracts in the fair value of suchcontracts. Thus, the instructions wouldbe revised to permit institutions toreport accrued receivables in item 8when these amounts are included in a

bank’s credit equivalent amountcalculations.

(4) Other—Instructions for mortgageservicing rights and trading accountswould be revised to bring them intoconformity with GAAP. Clarifications orother conforming changes would also bemade to several other instructions.

Request for Comment

Comments submitted in response tothis Notice will be shared among theagencies and will be summarized orincluded in the agencies’ requests forOMB approval. All comments willbecome a matter of public record.Written comments should address theaccuracy of the burden estimates andways to minimize burden including theuse of automated collection techniquesor the use of other forms of informationtechnology as well as other relevantaspects of the information collectionrequest.

Dated: November 8, 1995.James F.E. Gillespie,Director, Legislative and Regulatory ActivitiesDivision, Office of the Comptroller of theCurrency.

Board of Governors of the Federal ReserveSystem, November 7, 1995.William W. Wiles,Secretary of the Board.

Dated at Washington, DC, this 9th day ofNovember 1995.Federal Deposit Insurance Corporation.Jerry L. Langley,Executive Secretary.[FR Doc. 95–28251 Filed 11–15–95; 8:45 am]BILLING CODES OCC: 4810–33–P 1/3; Board: 6210–01–P1/3; FDIC: 6714–01–P 1/3

Customs Service

Country of Origin MarkingRequirements for Wearing Apparel

AGENCY: Customs Service, Departmentof the Treasury.ACTION: Proposed change of practice;solicitation of comments.

SUMMARY: This notice advises the publicthat Customs proposes to change thepractice regarding the country of originmarking of wearing apparel. Customspreviously has ruled that wearingapparel, such as shirts, blouses, coats,sweaters, etc., must be marked with thename of the country of origin by meansof a fabric label or label made fromnatural or synthetic film sewn orotherwise permanently affixed on theinside center of the neck midwaybetween the shoulder seams or in thatimmediate area or otherwisepermanently marked in that area in


some other manner. Button tags, stringtags and other hang tags, paper labelsand other similar methods of markingare not acceptable. The proposed changeset forth herein would evaluate themarking of such wearing apparel on acase-by-case basis in order to determinewhether the requirements of 19 U.S.C.1304 are satisfied.DATES: Comments must be received onor before January 16, 1996.ADDRESSES: Written comments(preferably in triplicate) may beaddressed to the Regulations Branch,Office of Regulations and Rulings, U.S.Customs Service, Franklin Court, 1301Constitution Avenue NW., Washington,D.C. 20229. Comments submitted maybe inspected at the Regulations Branch,Office of Regulations and Rulings, U.S.Customs Service, Franklin Court, 109914th Street NW., Suite 4000,Washington, D.C.FOR FURTHER INFORMATION CONTACT:Monika Rice, Special Classification andMarking Branch, Office of Regulationsand Rulings (202–482–6980).


BackgroundSection 304 of the Tariff Act of 1930,

as amended (19 U.S.C. 1304), providesthat, unless excepted, every article offoreign origin (or its container) importedinto the U.S. shall be marked in aconspicuous place as legibly, indelibly,and permanently as the nature of thearticle (or its container) will permit, insuch a manner as to indicate to theultimate purchaser in the U.S. theEnglish name of the country of origin ofthe article. Part 134, CustomsRegulations (19 CFR part 134),implements the country of originmarking requirements and exceptions of19 U.S.C. 1304.

The primary purpose of the country oforigin marking statute is to ‘‘mark thegoods so that at the time of purchase theultimate purchaser may, by knowingwhere the goods were produced, be ableto buy or refuse to buy them, if suchmarking should influence his will.’’United States v. Friedlaender & Co., 27CCPA 297, 302, C.A.D. 104 (1940). Theclear language of section 1304 requires‘‘permanent’’ and ‘‘conspicuous’’marking, and to this end 19 CFR 134.41provides, in part, that the degree ofpermanence should be at least sufficientto insure that in any reasonablyforeseeable circumstance, the markingshall remain on the article until itreaches the ultimate purchaser unless itis deliberately removed, and that theultimate purchaser in the U.S. must beable to find the marking easily and readit without strain.

In T.D. 54640(6), 93 Treas. Dec. 301(1958), Customs determined that on andafter October 1, 1958, wearing apparel,such as shirts, blouses, coats, sweaters,etc., must be legibly and conspicuouslymarked with the name of the country oforigin by means of a fabric label or labelmade from natural or synthetic filmsewn or otherwise permanently affixedon the inside center of the neck midwaybetween the shoulder seams or in thatimmediate area or otherwisepermanently marked in that area insome other manner. Button tags, stringtags and other hang tags, paper labelsand other similar methods of markingwere not considered acceptable afterOctober 1, 1958. The requirement inT.D. 54640(6) that the country of originmarking should appear on the insidecenter of the neck midway between theshoulder seams or in that immediatearea is consistent with the Textile FiberProducts Identification Act as enforcedby the Federal Trade Commission.

Subsequently, T.D. 55015(4), 95Treas. Dec. 3 (1960), extended T.D.54640(6), to allow the country of originmarking of reversible garments to belooped around the hanger. On the basisof this extension, Customs has allowedladies reversible jackets to be markedwith a cardboard hang tag affixed to theneck area by means of a plastic anchortag. Customs noted that since the jacketwas reversible, a fabric label sewn intothe jacket could damage the jacket whenthe label was removed. HeadquartersRuling Letter (HRL) 731513 datedNovember 15, 1988. Similarly, in HRL733890 dated December 31, 1990,Customs allowed women’s reversiblesilk tank tops to be marked with a clothlabel, showing the country of origin andother pertinent information sewn into alower side seam, and a hang tag whichalso provided the required informationattached at the neck. See also HRL734889 dated June 22, 1993.

In order to allow more flexibility inachieving the objectives of the markingstatute, Customs is now proposing tochange its position and modify thatportion of T.D. 54640(6) relating to therequirement of a fabric label or labelmade from natural or synthetic filmsewn to the article, and thedisallowance of button tags, string tagsand other hang tags, paper labels andother similar methods of marking.Rather, Customs proposes to evaluatethe country of origin marking of wearingapparel, such as shirts, blouses, coats,sweaters, etc., on a case-by-case basis todetermine if it is conspicuous, legible,indelible, and permanent to a degreesufficient enough to remain on the shirtuntil it reaches the ultimate purchaser.The portion of T.D. 54640(6) relating to

the requirement of placing the countryof origin marking at the inside center ofthe neck of a shirt midway between theshoulder seams or in that immediatearea, shall remain in effect.

It should be noted that this proposedchange in practice does not exempttextile fiber products imported into theU.S. from the labeling requirements ofthe Textile Fiber Products IdentificationAct enforced by the Federal TradeCommission.

AuthorityThis notice is published in

accordance with § 177.9, CustomsRegulations (19 CFR 177.9).

CommentsBefore adopting this proposed change

in position, consideration will be givento any written comments timelysubmitted to Customs. Commentssubmitted will be available for publicinspection in accordance with theFreedom of Information Act (5 U.S.C.552), § 1.4, Treasury DepartmentRegulations (31 CFR 1.4), and§ 103.11(b), Customs Regulations (19CFR 103.11(b)), on regular business daysbetween the hours of 9 a.m. and 4:30p.m. at the Regulations Branch, FranklinCourt, 1099 14th Street NW., Suite 4000,Washington, DC.George J. Weise,Commissioner of Customs.

Approved: October 24, 1995.Dennis M. O’Connell,Acting Deputy Assistant Secretary of theTreasury.[FR Doc. 95–28265 Filed 11–15–95; 8:45 am]BILLING CODE 4820–02–P

Fiscal Service

1996 Fee Schedule for the Transfer ofU.S. Treasury Book-Entry SecuritiesHeld at Federal Reserve Banks

AGENCY: Bureau of the Public Debt,Fiscal Service, Department of theTreasury.ACTION: Notice.

SUMMARY: The Department of theTreasury is announcing the schedule offees to be charged in 1996 on thetransfer of book-entry Treasurysecurities between depositoryinstitution accounts maintained atFederal Reserve Banks and Branches, aswell as transfers to and from FederalReserve Bank accounts.EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT:Carl M. Locken, Jr., Assistant

Commissioner (Financing), Bureau of


the Public Debt, Room 534, E StreetBuilding, Washington, D.C. 20239–0001, telephone (202) 219–3350.

Diane M. Polowczuk, GovernmentSecurities Specialist, Bureau of thePublic Debt, Room 534, E StreetBuilding, Washington, D.C. 20239–0001, telephone (202) 219–3350.

SUPPLEMENTARY INFORMATION: OnOctober 1, 1985, the Department of theTreasury established a fee schedule forthe transfer of Treasury book-entrysecurities between one book-entryaccount to another book-entry accountof the same depository institution, andbetween the accounts of one depositoryinstitution and the accounts of anotherdepository institution that maintaintheir accounts at Federal Reserve Banksand Branches. This fee schedule alsoapplies to the book-entry transfer ofsecurities between depositaryinstitution accounts and FederalReserve Bank accounts.

Based on the latest review of book-entry costs and volumes, the Treasuryhas decided that the fees for securitiestransfers in 1996 should remainunchanged from the levels currently ineffect.

The fees described in this noticeapply only to the transfer of Treasurybook-entry securities. The FederalReserve System assesses the fees torecover the costs associated with theprocessing of the funds component ofTreasury book-entry transfer messages,as well as the costs of providing book-entry services for Government agencies.Information concerning book-entrytransfers of government agencysecurities, which are priced by theFederal Reserve System, is set out in aseparate notice published by the Boardof Governors of the Federal ReserveSystem.

The following is the Treasury feeschedule that will be effective January 1,1996, for the Treasury book-entrytransfer service:

1996 FEE SCHEDULE

Cost pertransfer

On-line transfers originated ............ $1.65On-line reversal transfers received 1.65Off-line transfers originated ............ 9.40Off-line transfers received .............. 9.40Off-line reversal transfers received 9.40

Gerald Murphy,Fiscal Assistant Secretary.[FR Doc. 95–28289 Filed 11–13–95; 1:59 pm]BILLING CODE 4810–35–P

[Dept. Circ. 570, 1995 Rev., Supp. No. 3]

Surety Companies Acceptable onFederal Bonds; Redomestication;Pacific Insurance Company, Limited

Pacific Insurance Company, Limited,has redomesticated from the state ofHawaii to the state of Connecticuteffective January 26, 1995. This wasaccomplished through a merger withPacific Insurance Company ofConnecticut, Hartford, Connecticut, anda simultaneous name change to PacificInsurance Company, Limited. Thecompany was last listed as anacceptable surety on Federal bonds at 60FR 34445, July 1, 1995.

Federal bond-approving officersshould annotate their reference copiesof the Treasury Circular 570, 1995revision, on page 34445 to reflect thischange in state of incorporation.

Questions concerning this notice maybe directed to the U.S. Department ofthe Treasury, Financial ManagementService, Funds Management Division,Surety Bond Branch, 3700 East-WestHighway, Room 6F04, Hyattsville, MD20782, telephone (FTS) 202–874–6507.

Dated: November 8, 1995.Charles F. Schwan III,Director, Funds Management Division,Financial Management Service.[FR Doc. 95–28349 Filed 11–15–95; 8:45 am]BILLING CODE 4810–35–M

UNITED STATES INFORMATIONAGENCY

Central and Eastern European TrainingProgram

ACTION: Notice; request for proposals.

SUMMARY: The Office of CitizenExchanges of the United StatesInformation Agency’s Bureau ofEducational and Cultural Affairsannounces an open competition for anassistance award. Public and privatenon-profit organizations meeting theprovisions described in IRS regulation26 CFR 1.501(c)(3)-1 may apply todevelop training programs in the areasof (1) local government/publicadministration, (2) independent mediadevelopment, and (3) businessadministration. These projects shouldlink the U.S. organization’sinternational exchange interests withcounterpart institutions and groups inAlbania, Bosnia-Herzegovina, Bulgaria,Croatia, Czech Republic, Estonia,Hungary, Latvia, Lithuania, Macedonia,Poland, Romania, Slovak Republic andSlovenia.

Overall grant making authority forthis program is contained in the Mutual

Educational and Cultural Exchange Actof 1961, Public Law 87–256, asamended, also known as the Fulbright-Hays Act. The purpose of the Act is ‘‘toenable the Government of the UnitedStates to increase mutual understandingbetween the people of the United Statesand the people of other countries * * *;to strengthen the ties which unite uswith other nations by demonstrating theeducational and cultural interests,developments, and achievements of thepeople of the United States and othernations * * * and thus to assist in thedevelopment of friendly, sympatheticand peaceful relations between theUnited States and the other countries ofthe world.’’

The funding authority for the programcited above is provided through theFulbright-Hayes Act.

Programs and projects must conformwith Agency requirements andguidelines outlined in the SolicitationPackage. USIA projects and programsare subject to the availability of funds.

Announcement Title and Number: Allcommunications with USIA concerningthis announcement should refer to theabove title and reference number E/P–96–17.

Deadline for Proposals: All copiesmust be received at the U.S. InformationAgency by 5 p.m. Washington, D.C. timeon Friday, January 12, 1996. Faxeddocuments will not be accepted, norwill documents postmarked January 12,1996, but received at a later date. It isthe responsibility of each applicant toensure that proposals are received bythe above deadline. CEETP–6 grantactivity should begin after July 15, 1996.FOR FURTHER INFORMATION CONTACT:Contact the Office of Citizen Exchanges,European Division, E/PE, Room 216,U.S. Information Agency, 301 4th Street,S.W., Washington, D.C. 20547,telephone: 202–619–5319, fax: 202–619–4530, e-mail address:([email protected]) to request aSolicitation Package containing moredetailed award criteria, requiredapplication forms, and standardguidelines for preparing proposals,including specific criteria forpreparation of the proposal budget.VIA INTERNET: The Solicitation Packagemay be downloaded from USIA’swebsite at http://www.usia.gov/ or fromthe Internet Gopher at gopher.usia.gov,under ‘‘New RFPs on Educational andCultural Exchanges.’’

Please specify USIA Program OfficerChristina Miner on all inquiries andcorrespondence. Interested applicantsshould read the complete FederalRegister announcement before sendinginquiries or submitting proposals. Once


the RFP deadline has passed, Agencystaff may not discuss this competition inany way with applicants until theBureau proposal review process hasbeen completed.SUBMISSIONS: Applicants must follow allinstructions given in the SolicitationPackage. The original and eight copiesof the complete application should besent to: U.S. Information Agency, Ref.:E/P–96–17, Office of GrantsManagement, E/XE, Room 326, 301 4thStreet, SW., Washington, DC 20547.

Applicants must also submit the‘‘Executive Summary’’ and ‘‘ProposalNarrative’’ sections of the proposal on a3.5′′ diskette, formatted for DOS. Thismaterial must be provided in ASCII text(DOS) format with a maximum linelength of 65 characters. USIA willtransmit these files electronically toUSIS posts overseas for their review,with the goal of reducing the time ittakes to get posts’ comments for theAgency’s grants review process.DIVERSITY GUIDELINES: Pursuant to theBureau’s authorizing legislation,programs must maintain a non-politicalcharacter and should be balanced andrepresentative of the diversity ofAmerican political, social, and culturallife. ‘‘Diversity’’ should be interpretedin the broadest sense and encompassdifferences including, but not limited toethnicity, race, gender, religion,geographic location, socio-economicstatus, and physical challenges.Applicants are strongly encouraged toadhere to the advancement of thisprinciple both in programadministration and in program content.Please refer to the review criteria underthe ‘Support for Diversity’ section forspecific suggestions on incorporatingdiversity into the total proposal.

SUPPLEMENTAL INFORMATION:

Overview

Proposals must be for projects whichencourage the growth of democraticinstitutions and political and economicpluralism. The project may include:short-term professional trainingworkshops conducted in Central/Eastern Europe; four-to-ten weekinternships in the U.S.; and professionaltraining programs and study tours in theU.S. All proposals should demonstratein-depth, substantive knowledge of theissues of concern to the countries listedabove and the capacity to organize andconduct the program, includingappropriate orientation activities for theparticipants; detailed work plan for allphases of the project; tentative agendasfor study tours, workshops, andinternships; letters of commitment from

internship hosts; and selectionprocedures.

USIA will give priority to proposalsfrom U.S. organizations which haveestablished connections with partnerinstitutions in Central/Eastern Europe.The in-country partners are expected toassist logistically and contribute to therealization of program goals andobjectives. Applicants shoulddemonstrate partner relationships byproviding copies of correspondence orother materials as appendices to theproposals. In-country partners areencouraged to provide cost sharing orsignificant in-kind contributions such aslocal housing, transportation,interpreting, translating, and other localcurrency costs and to assist with theorganization of projects.

Applicants are encouraged to consultwith USIS offices regarding programcontent and partner institutions beforesubmitting proposals.

Listed below in order of priority arethe topics of interest for each of thecountries included in the competition:

Albania: (1) Independent mediadevelopment, including thedevelopment of reporters’ investigativeskills and editors’ need to meet theconsumers’ desires for informationabout non-political social problems andissues; and (2) business administration.

Bosnia-Herzegovina: (1) Localgovernment; (2) independent mediadevelopment.

Bulgaria: (1) Independent media; (2)local government.

Croatia: (1) Independent mediadevelopment, stressing management andorganization; (2) local government; (3)business administration.

Czech Republic: (1) Independentmedia development; (2) localgovernment.

Estonia: (1) Independent mediadevelopment, particularly projectsincluding U.S. internships; (2) businessadministration.

Hungary: (1) Business administration;(2) independent media development.

Latvia: (1) Independent mediadevelopment, particularly investigativejournalism, media ethics,photojournalism management, andbusiness operations. Projects includingU.S. internships are encouraged. (2)Business administration.

Lithuania: (1) Independent mediadevelopment, specifically projects onreporting, implementation of fair medialaws, management, advertising, andeconomic survival.

Macedonia: (1) Independent mediadevelopment.

Poland: (1) Local government,particularly projects on the electoralsystem; (2) independent media

development, especially projectsfocusing on the coverage of elections.

Romania: (1) Business administration;(2) local government.

Slovak Republic: (1) Independentmedia development, with an emphasison training in management andadvertising skills.

Slovenia: (1) Local government.

Guidelines1. Proposals should limit their focus

to one of the CEE countries and to oneof the specified topics. Proposals forprograms that are broader in scope willbe eligible, but are less likely to receiveUSIA support. USIA will considergeographic distribution in selectinggrantee institutions to ensure a widedistribution of the program.

2. All grant proposals must clearlydescribe the type of persons who willparticipate in the program as well as theprocess by which participants will beselected. Note that participants inCEETP–6 programs should beprofessionals working in the fields oflocal government, media, or businessadministration and not members ofuniversity faculties. In the selection ofall foreign participants, USIA and USISposts retain the right to nominateparticipants and to approve or rejectparticipants recommended by theprogram institution. Programs must alsocomply with J–1 visa regulations.

3. Programs that include internshipsin the U.S. should provide letterstentatively committing host institutionsto support the internships.

4. CEETP–6 grant projects shouldbegin after August 1, 1996.

Note: Research projects or projects limitedto technical issues are not eligible for supportnor are film festivals or exhibits. Exchangeprograms for students or faculty or proposalsthat request support for the development ofuniversity curricula or for degree-basedprograms are also ineligible under this RFP.Proposals to link university departments orto exchange faculty and/or students arefunded by USIA’s Office of AcademicPrograms (E/EA) under the UniversityAffiliation Program and should not besubmitted in response to this RFP.

FundingProposals for less than $150,000 will

receive preference.Grants awarded to eligible

organizations with less than four yearsof experience in conductinginternational exchange programs will belimited to $60,000.

Applicants must submit acomprehensive budget for the entireprogram. There must be a summarybudget as well as a breakdown reflectingboth the administrative budget and theprogram budget. For better


understanding or further clarification,applicants may provide separate sub-budgets for each program component,phase, location, or activity in order tofacilitate USIA decisions on funding.

Allowable program costs include thefollowing:

1. International and domestic airfares; visas; transit costs; groundtransportation costs.

2. Per Diem. For the U.S. program,organizations have the option of using aflat 4140/day for program participantsor the published U.S. federal per diemrates for individual American cities. Foractivities outside the U.S., the publishedFederal per diem rates must be used.

Note: U.S. escorting staff must use thepublished Federal per diem rates, not the flatrate.

3. Interpreters: If needed, interpretersfor the U.S. program are provided by theU.S. State Department LanguageServices Division. A pair ofsimultaneous interpreters is providedfor every four participants. USIA grantsdo not pay for foreign interpreters toaccompany delegations from their homecountry. Grant proposal budgets shouldcontain a flat $140/day per diem foreach Department of State interpreter, aswell as home-program-home airtransportation of $400 per interpreterplus any U.S. travel expenses during theprogram. Salary expenses are coveredcentrally and should not be part of anapplicant’s proposed budget.

4. Book and cultural allowance.Participants are entitled to and escortsare reimbursed a one-time culturalallowance of $150 per person, plus aparticipant book allowance of $50. U.S.staff do not get these benefits.

5. Consultants can be used to providespecialized expertise or to makepresentations. Daily honoraria generallydo not exceed $250 per day.

6. Room rental, which generallyshould not exceed $250 per day.

7. Materials development. Proposalsmay contain costs to purchase, develop,and translate materials for participants.

8. One working meal per project. Percapita costs may not exceed $5–8 for alunch and $14–20 for a dinner,excluding room rental. The number ofinvited guests may not exceedparticipants by more than a factor oftwo-to-one.

9. A return travel allowance of $70 foreach participant which is to be used forincidental expenditures incurred duringinternational travel.

10. Other costs necessary for theeffective administration of the program,including salaries for grant organizationemployees, benefits, and other directand indirect costs per detailedinstructions in the application package.

Please refer to the SolicitationPackage for complete budget guidelinesand formatting instructions, includinginformation on audit requirements andcost sharing.

Review ProcessUSIA will acknowledge receipt of all

proposals and will review them fortechnical eligibility. Proposals will bedeemed ineligible if they do not fullyadhere to the guidelines stated hereinand in the Solicitation Package. Eligibleproposals will be forwarded to panels ofUSIA officers for advisory review. Alleligible proposals will be reviewed bythe Agency contracts office, as well asthe USIA Office of Eastern Europeanand NIS Affairs and the USIA postoverseas, where appropriate. Proposalsmay also be reviewed by the Office ofthe General Counsel or by other Agencyelements. Funding decisions are at thediscretion of the USIA AssociateDirector for Educational and CulturalAffairs. Final technical authority forassistance awards (grants or cooperativeagreements) resides with the USIAgrants officer.

Review CriteriaTechnically eligible applications will

be competitively reviewed according tothe criteria stated below. These criteriaare not rank ordered and all carry equalweight in the proposal evaluation:

1. Quality of the program idea:Proposals should exhibit originality,substance, precision, and relevance toAgency mission. Program objectivesshould be reasonable, feasible, andflexible.

2. Program planning: Detailed agendaand relevant work plan shoulddemonstrate substantive undertakings,logistical capacity, and institution’sability to meet program objectives.Agenda and plan should adhere to theprogram overview and guidelinesdescribed above.

3. Multiplier effect/impact: Proposedprograms should strengthen long-termmutual understanding, includingmaximum sharing of information andestablishment of long-term institutionaland individual linkages.

4. Cross Cultural/Area Expertise:Proposals should reflect the institution’sexpertise in the subject area and shouldaddress specific areas of concern facingcountries involved in the project.Additionally, projects should showevidence of sensitivity to historical,linguistic and other cross culturalfactors and should demonstrate howthis sensitivity will be used in practicalaspects of the program, such as pre-departure orientations or briefings ofAmerican hosts.

5. Support of Diversity: Proposalsshould demonstrate substantive supportof the Bureau’s policy on diversity.Achievable and relevant features shouldbe cited in both program administration(selection of participants, programvenue and program evaluation) andprogram content (orientation and wrap-up sessions, program meetings, resourcematerials and follow-up activities).

6. Institutional Capacity: Proposedpersonnel and institutional resourcesshould be adequate and appropriate toachieve the program’s or project’s goals.

7. Institution’s Record/Ability:Proposals should demonstrate aninstitutional record of successfulexchange programs, includingresponsible fiscal management and fullcompliance with all reportingrequirements for past Agency grants asdetermined by USIA’s Office ofContracts. The Agency will consider thepast performance of prior recipients andthe demonstrated potential of newapplicants.

8. Follow-on Activities: Proposalsshould provide a plan for continuedfollow-on activity (without USIAsupport) which ensures that USIAsupported programs are not isolatedevents.

9. Project Evaluation: Proposalsshould include a plan to evaluate theproject’s success, both as the activitiesunfold and at the end of the program.USIA recommends that the proposalinclude a sample of the questionnaire orother method of project assessment aswell as a description of how outcomeswill be linked to original projectobjectives. Successful applicants will beexpected to submit intermediate reportsafter each project component isconcluded or quarterly, whichever isless frequent.

10. Cost-effectiveness: The overheadand administrative components of theproposal, including salaries andhonoraria, should be kept as low aspossible. All other items should benecessary and appropriate.

11. Cost-sharing: Proposals shouldmaximize cost-sharing through otherprivate sector support as well asinstitutional direct fundingcontributions.

12. Value to U.S.-Partner CountryRelations: Proposed projects shouldreceive positive assessments by USIA’sgeographic area desk and overseasofficers of program need, potentialimpact, and significance in the partnercountry(ies).

NoticeThe terms and conditions published

in this RFP are binding and may not bemodified by any USIA representative.


Explanatory information provided bythe Agency that contradicts publishedlanguage will not be binding. Issuanceof the RFP does not constitute an awardcommitment on the part of theGovernment. The Agency reserves theright to reduce, revise, or increaseproposal budgets in accordance with theneeds of the program and theavailability of funds. Awards made willbe subject to periodic reporting andevaluation requirements.

Notification

Final awards cannot be made untilfunds have been appropriated byCongress, allocated and committedthrough internal USIA procedures.Applicants will be notified of the resultsof the review process on or about June10, 1996.

Dated: November 7, 1995.Dell Pendergrast,Deputy Associate Director, Bureau ofEducational and Cultural Affairs.[FR Doc. 95–28342 Filed 11–15–95; 8:45 am]BILLING CODE 8230–01–M

DEPARTMENT OF VETERANSAFFAIRS

[Form Letter 40–12]

Proposed Information CollectionActivity; Public Comment Request:Gravesite Reservation Survey; Virginia

AGENCY: National Cemetery System,Department of Veterans Affairs.ACTION: Notice.

SUMMARY: As part of its continuing effortto reduce paperwork and respondentburden, National Cemetery System(NCS) invites the general public andother Federal agencies to comment onthis information collection. This requestfor comment is being made pursuant tothe Paperwork Reduction Act of 1995(Pub. L. 104–13; 44 U.S.C.3506(c)(2)(A)). Comments shouldaddress the accuracy of the burdenestimates and ways to minimize theburden including the use of automatedcollection techniques or the use of otherforms of information technology, as wellas other relevant aspects of theinformation collection.DATES: Written comments andrecommendations on the proposal forthe collection of information should bereceived by January 16, 1996.ADDRESSES: Direct all written commentsto George Vogel, National CemeterySystem (403C), Department of VeteransAffairs, Washington, DC 20420. Allcomments will become a matter ofpublic record and will be summarizedin the NCS request for Office ofManagement and Budget (OMB)approval. In this document NCS issoliciting comments concerning thefollowing information collection:

OMB Control Number: 2900–0357.Title and Form Number: Gravesite

Reservation Survey, VA Form Letter 40–12.

Type of Review: Extension of acurrently approved collection.

Need and Uses: The form letter isused to determine whether individualsholding gravesite reservations in

national cemeteries wish to continue thereservation and whether their eligibilityfor the reservation has been affected.

Current Actions: From the late 1940’suntil January 1962, the Department ofthe Army allowed active dutyservicepersons and surviving spouses ofdeceased veterans interred in nationalcemeteries to reserve gravesites for theirinterments. Recurring gravesitereservation surveys are necessary assome holders become ineligible, areburied elsewhere, or cancel theirreservation; therefore, reservedgravesites would exist forever withoutuse.

Affected Public: Individuals orhouseholds.

Estimated Annual Burden: 2,000hours.

Estimated Average Burden PerRespondent: 12 minutes.

Frequency of Response: Biennially.Estimated Number of Respondents:

10,000.FOR FURTHER INFORMATION CONTACT:Requests for additional information orcopies of the form should be directed toDepartment of Veterans Affairs, Attn:Ron Taylor, VA Clearance Officer(045A4), Department of VeteransAffairs, 810 Vermont Avenue, NW,Washington, DC 20420, telephone (202)565–4412 or FAX (202) 565–8267.

Dated: November 7, 1995.By direction of the Secretary:

Donald L. Neilson,Director, Information Management Service.[FR Doc. 95–28313 Filed 11–15–95; 8:45 am]BILLING CODE 8320–01–P

This section of the FEDERAL REGISTERcontains notices of meetings published underthe ‘‘Government in the Sunshine Act’’ (Pub.L. 94-409) 5 U.S.C. 552b(e)(3).

Sunshine Act Meetings Federal Register

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EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION

‘‘FEDERAL REGISTER’’ CITATION ONPREVIOUS ANNOUNCEMENT: 60 Fed. Reg.55085, Friday October 27, 1995.

PREVIOUSLY ANNOUNCED TIME AND DATE OFMEETING: 2:00 p.m. (Eastern Time)Tuesday, November 14, 1995.

CHANGE IN THE MEETING: The Meeting hasbeen cancelled.

CONTACT PERSON FOR MORE INFORMATION:Frances M. Hart, Executive Officer on(202) 663–4070.

This Notice Issued November 14, 1995.Frances M. Hart,Executive Officer, Executive Secretariat.[FR Doc. 95–28466 Filed 11–14–95; 11:08am]BILLING CODE 6750–06–M

FEDERAL COMMUNICATIONS COMMISSIONS

FCC To Hold Open Commission Meeting,Monday, November 20, 1995

The Federal CommunicationsCommission will hold an Open Meetingon the subjects listed below on Monday,November 20, 1995, which is scheduledto commence 9:30 a.m., in Room 856, at1919 M Street, NW., Washington, DC.

Item No. Bureau, and Subject1—Cable Services—Title: Implementation of

Sections of the Cable Television ConsumerProtection and Competition Act of 1992—Rate Regulation: Uniform Rate-SettingMethodology. Summary: The Commissionwill consider establishing a methodologyunder which cable operators may offeruniform services at uniform prices inmultiple franchise areas.

2—Wireless Telecommunications and MassMedia—Title: Streamlining theCommission’s Antenna Structure ClearanceProcedure and Revision of Part 17 of theCommission’s Rules ConcerningConstruction, Marking, and Lighting ofAntenna Structures (WT Docket No. 95–5).Summary: The Commission will considerwhether to replace the current antennastructure clearance process, which affectsall licensees on such structures, with asimplified registration procedure affectingprimarily structure owners and whether toamend Parts 1, 17, 21, 22, 23, 24, 25, 73,74, 78, 80, 87, 90, 94, 95, and 97 to reflect

revised FAA painting and lightingrecommendations and to implement newstatutory requirements, holding ownersprimarily responsible for painting andlighting antenna structures.

3—Common Carrier—Title: Access toTelecommunications Equipment andServices by Persons with Disabilities (CCDocket No. 87–124). Summary: TheCommission will consider actionconcerning wireline telephone Hearing AidCompatibility rules recommended by theCommission’s Hearing Aid CompatibilityNegotiated Rulemaking Committee.

4—International—Title: Market Entry andRegulation of Foreign-affiliated Entities (IBDocket No. 95–22, RM–8355, RM–8392).Summary: The Commission will consideraction concerning standards for entry andregulation of foreign carriers seeking toprovide services in the U.S.telecommunications market.

Additional information concerningthis meeting may be obtained fromAudrey Spivack or Maureen Peratino,Office of Public Affairs, telephonenumber (202) 418–0500.

Dated: November 13, 1995.Federal Communications Commission.William F. Caton,Acting Secretary.[FR Doc. 95–28467 Filed 11–14–95; 11:08am]BILLING CODE 6712–01–M

This section of the FEDERAL REGISTERcontains editorial corrections of previouslypublished Presidential, Rule, Proposed Rule,and Notice documents. These corrections areprepared by the Office of the FederalRegister. Agency prepared corrections areissued as signed documents and appear inthe appropriate document categorieselsewhere in the issue.

Corrections Federal Register

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ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 63

[FRL-5325-6]

RIN 2060-AD93

National Emission Standards forHazardous Air Pollutants for SourceCategories: Gasoline Distribution(Stage 1)

CorrectionIn proposed rule document 95–27568

beginning on page 56133, in the issue ofTuesday, November 7, 1995, make thefollowing correction:

On page 56133, in the second column,under DATES:, in the heading entitled‘‘Public Hearing.’’, in the third line,‘‘November 21, 1995.’’ should read‘‘November 17, 1995.’’.BILLING CODE 1505–01–D



[Docket No. 28371]

Study of FAA Regulation andCertification Capabilities

Correction

In notice document 95–27229beginning on page 55750, in the issue ofThursday, November 2, 1995, make thefollowing correction:

On page 55750, in the third column,under SUPPLEMENTARY INFORMATION:, inthe heading entitled ‘‘Background’’, inthe first paragraph, in the second linefrom the bottom, ‘‘AA’’ should read‘‘FAA’’.

BILLING CODE 1505–01–D

fede

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egiste

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57629

ThursdayNovember 16, 1995

Part II

Department ofTransportationCoast Guard

46 CFR Part 90, et al.Offshore Supply Vessels; Interim Rule



Coast Guard

46 CFR Parts 90, 98, 125, 126, 127, 128,129, 130, 131, 132, 133, 134, 135, 136,170, 174, and 175

[CGD 82–004 and CGD 86–074]

RIN 2115–AA77

Offshore Supply Vessels

AGENCY: Coast Guard, DOT.ACTION: Interim rule, with request forcomments.

SUMMARY: The Coast Guard ispublishing, as an Interim Rule, acomplete set of regulations (a wholenew subchapter L) applicable to newoffshore supply vessels (OSVs),including liftboats, and is providing theopportunity for additional publiccomment. These regulations are neededto implement statutory changes to thecertification and inspection ofconventional OSVs, and the certificationand inspection of hitherto-uninspectedliftboats. They contain many changes tocurrent regulations and policygoverning conventional OSVs, containfirst-time regulations for liftboats, andmake specific revisions to accommodatethese vessels’ unique characteristics,their methods of operation, and theirtypes of service. These regulations areintended to eliminate the practice ofcircumventing inspection of certaincategories of OSVs and to improve thelevel of safety of all OSVs, includingliftboats, which will now be certificatedand inspected.DATES: This Interim Rule becomeseffective on March 15, 1996; commentsmust be received on or before February14, 1996. OSVs certificated beforeMarch 15, 1996, may either comply withthese regulations in their entirety orcontinue to comply with, and to becertificated under, current regulationsand policy. The Director of the FederalRegister approves the incorporation byreference of certain publications listedin the regulations as of March 15, 1996.ADDRESSES: Comments should bemailed to Executive Secretary, MarineSafety Council (G–LRA, 3406) [CGD 82–004 or CGD 86–074], U.S. Coast Guard,2100 Second Street SW., Washington,DC 20593–0001. The comments andmaterials referred to in this notice willbe available for examination andcopying between 8 a.m. and 4 p.m.,Monday through Friday, exceptholidays, at the Marine Safety Council,U.S. Coast Guard, Room 3406, 2100Second Street SW., Washington, DC

20593–0001. Comments may also behand-delivered.

A Regulatory Assessment has beenplaced in the public docket for thisrulemaking, and may be inspected andcopied at the office of the Marine SafetyCouncil, at the address listed above.FOR FURTHER INFORMATION CONTACT:James M. Magill, Office of MarineSafety, Security, and EnvironmentalProtection (G–MOS–2), Room 1208c,U.S. Coast Guard Headquarters, 2100Second Street SW., Washington, DC20593–0001, (202) 267–1181.


Request for CommentsBecause of the extended length of

time from publication of the Notice ofProposed Rulemaking (NPRM) topublication of this interim rule, theCoast Guard encourages interestedpersons to participate in this rulemakingby submitting additional written data,views, or arguments. Persons submittingcomments should include their namesand addresses, identify this rulemaking(CGD 82–004 and CGD 86–074) and thespecific section of the rule or relateddocuments to which each commentapplies; and give a reason for eachcomment. Please submit two copies ofall comments and attachments in anunbound format, no larger than 81⁄2 by11 inches, suitable for copying andelectronic filing. Persons wantingacknowledgment of receipt of commentsshould enclose stamped, self-addressedpostcards or envelopes.

The Coast Guard recognizes that thereare some differences in format andminor differences in terminologybetween this Interim Rule and theSupplementary Notice of ProposedRulemaking for Small Passenger VesselInspection and Certification (CGD 85–080). The Coast Guard will beexamining these differences with theobject of attaining uniformity in formatand terminology where identicalrequirements are intended. Differencesin requirements may also be reconciledwhen the final rules for these twoprojects are published. Comments areinvited identifying instances whereapparently identical requirements areexpressed differently, or where differentrequirements are imposed that may becandidates for uniform treatment.

The Coast Guard will consider allcomments received during the commentperiod. The rule may be changed inlight of comments received.

The Coast Guard plans no publichearing. Persons may request a publichearing by writing to the Marine SafetyCouncil at the address underADDRESSES. The request should include

the reasons why a hearing would bebeneficial. If it is determined that theopportunity for oral presentations willaid this rulemaking, the Coast Guardwill hold a public hearing at a time andplace announced by a later notice in theFederal Register.

Drafting Information: Several offices atCoast Guard Headquarters participated indrafting this interim rule, but the principalpersons involved in drafting this rule areJames M. Magill, Project Manager, Office ofMarine Safety, Security, and EnvironmentalProtection, and Mr. Patrick J. Murray, ProjectCounsel, Office of the Chief Counsel.

Regulatory History

ANPRMs

Two Advance Notices of ProposedRulemaking (ANPRMs) have appearedin this rulemaking.

On February 14, 1983, the CoastGuard published (48 FR 6636) anANPRM, under CGD 82–004, to providean early opportunity for publiccomment on a preliminary draft of acomprehensive set of requirements forinspection and certification applicableto new OSVs. Twenty-four commentswere received, on various technicalaspects of the proposal. Many of therecommendations from those commentswere incorporated into the subsequentNotice of Proposed Rulemaking (NPRM)discussed below.

On April 16, 1987, the Coast Guardpublished (52 FR 12439) a secondANPRM, under CGD 86–074, asking forspecific information to help the CoastGuard in developing specializedregulations for self-elevating OSVs(liftboats). Fourteen comments werereceived. Many of the recommendationsfrom those comments were incorporatedinto the subsequent NPRM discussedbelow.

NPRM

On May 9, 1989, the Coast Guardpublished, under both CGD 82–004 and86–074, an NPRM (54 FR 20006). Thecomment period had originally beenscheduled to end on September 6, 1989,but on August 31, 1989 (54 FR 36040),it was extended until December 6, 1989.Included with the extension of thecomment period was notice of a publichearing on the proposed rule, whichhearing took place at New Orleans,Louisiana, on September 13, 1989.Twenty letters were received,containing one hundred and ninety-fourcomments on various technical aspectsof the proposed rule. Many of therecommendations from those commentshave been incorporated in this interimrule.


Discussion of This Interim Rule

Conventional OSVs have traditionallyprovided a wide range of supply andsupport to offshore industries extractingoil and minerals. Once, these vesselsoperated almost exclusively in the Gulfof Mexico; now, they operateworldwide.

Self-elevating OSVs, commonlyknown as liftboats, are more specializedin their service. These have built-injacking-systems, which allow them to be‘‘jacked up’’ above the ocean’s surfaceand to become, in effect, stationaryplatforms for a temporary period. Oncejacked up, these vessels render specificservice, such as maintenance andconstruction, to adjacent offshorestructures.

Conventional OSVs

Conventional OSVs are propelled bymotor, measure less than 500 gross tons,and engage in short voyages. UntilOctober 6, 1980, these vessels were—

(a) Inspected by the Coast Guard ascargo and miscellaneous vessels under46 CFR subchapter I, if of over 15 andunder 500 gross tons and carryingfreight for hire;

(b) Inspected by the Coast Guard assmall passenger-vessels under 46 CFRsubchapter T, if of less than 100 grosstons and carrying more than sixpassengers for hire; or

(c) Not inspected by the Coast Guard,because they operated under ‘‘bareboatcharters’’.

The vessels under subchapter I wereknown as ‘‘supply boats.’’ Typically,they were of steel construction, carriedlarge amounts of deck cargo, and carriedup to 16 persons in addition to the crewon domestic voyages as permitted by 46U.S.C. 3304 (formerly 46 U.S.C. 882).

The vessels under subchapter T wereknown as ‘‘crew boats.’’ Typically, theywere of aluminum or steel construction,were relatively swift, carried limitedamounts of deck cargo, and carried alarge number of passengers.

Pub. L. 96–378, enacted on October 6,1980, made important changes to howconventional OSVs were to be inspectedby the Coast Guard. (In 1983, theprovisions of Pub. L. 96–378 wereconsolidated, without substantivechange, and recodified in Title 46,U.S.C. Subtitle II. Its provisions are nowcontained principally in 46 U.S.C.2101(19), 2101(21)(C), 3301(3), 3302(g),3306, 3307, 3501, and 8301.) Among thechanges mandated by Pub. L. 96–378were the following:

(1) A controversial feature of the off-shore-support industry for many yearshad been its use of contractualarrangements, involving bareboat

charters coupled with operatingagreements, to circumvent arequirement for Certificates ofInspection from the Coast Guard. Pub. L.96–378 eliminated this subterfuge byrequiring all OSVs to be inspected.

(2) Pub. L. 96–378 defined an OSV asany vessel that regularly carries goods,supplies, or equipment in support ofexploration, exploitation, or productionof offshore mineral or energy resources,is propelled by machinery other thansteam (is a motor vessel), is not a smallpassenger-vessel regulated under 46CFR subchapter T, and is of between 15and 500 gross tons. (This definition haspersisted into 46 U.S.C. 2101(19).)

(3) Pub. L. 96–378 categorizedconventional OSVs as follows:

(i) Pre-1979 OSVs—those (a) that wereoperating in support of the offshoreindustry on or before January 1, 1979, or(b) that were contracted for on or beforethat date and that entered into servicebefore October 6, 1980.

(ii) All other OSVs. Since 1980, over350 conventional OSVs have beencertificated under subchapter I or T.

(4) Each conventional OSV, other thana pre-1979 OSV, is currently subject toinspection as follows:

(i) A vessel of more than 15 gross tonsbut less than 100 gross tons is subject toCoast Guard inspection undersubchapter I or T, depending on theowner’s preference and the vessel’sprincipal use.

(ii) A vessel of 100 or more gross tonsbut less than 500 gross tons is subject toCoast Guard inspection undersubchapter I.

(5) Each pre-1979 OSV continues tobe subject to inspection undersubchapter I or T as applicable. OnOctober 20, 1980, the Coast Guardpublished (45 FR 69242) a final rulerequiring that pre-1979 OSVs beregistered with Officers in Charge,Marine Inspection, on or before January6, 1981, and that they be certificated notlater than two years from the date ofregistration. These vessels are notsubject to existing regulations on majorchanges of structure or majorreplacements of equipment unlesscompliance is necessary to removeespecially hazardous conditions. Thelegislative history of Pub. L. 96–378states, in part, that OSVs should‘‘conform as closely as possible toinspection standards applied to newvessels’’. However, Congress recognizedthat it would not be practicable torequire major changes of structure orequipment on OSVs previouslyuninspected. Therefore, pre-1979 OSVsare not subject to standards that requirethose major changes unless the CoastGuard determines that those changes are

necessary to remove unreasonable risksto the vessels or their crews. Note that46 U.S.C. 2101 as amended now deemsOSVs not to be tank vessels and,therefore, relieves them of having tomeet requirements applicable to tankvessels for preventing oil pollution.

LiftboatsThe high rate of casualties

experienced by self-elevating OSVs(liftboats) requires the development ofspecific regulations that addressliftboats’ design, stability, construction,and operations. The Coast Guardanticipates that promulgation andenforcement of the regulations in thisInterim Rule will render new liftboatssubstantially safer than theirpredecessors.

Again, on April 16, 1987, the CoastGuard published (52 FR 12439) anANPRM, under CGD 86–074, asking forspecific information to help the CoastGuard in developing specializedregulations for liftboats. As stated in thisANPRM, the need for regulations wasbased on the high incidence ofcasualties involving liftboats, and uponspecific safety recommendations madeby the National Transportation SafetyBoard (NTSB) in its review of thosecasualties.

The Coast Guard conducted its reviewof the available history of casualtiesfrom 1980 to 1987 in advance of the1987 ANPRM. The review showed thatover 20% of the approximately 250liftboats in the fleet had been involvedin reported casualties, resulting in 10deaths, 33 serious injuries, constructivetotal loss of 13 vessels, and overallphysical damage exceeding $20 million.Many of these casualties were directlyattributable to inadequate design orimproper operating procedures. Theresults of the 1987 review have beenincorporated into the RegulatoryAssessment referred to above underADDRESSES. The review is alsodiscussed, in more detail, in thefollowing paragraphs.

Until 1988, the Coast Guard regulatedliftboats primarily under 46 CFRsubchapter C, which contains safetyregulations for uninspected vessels.Virtually all liftboats were of under 300gross tons and were, at that time,believed by the Coast Guard to providemainly services under contract to theoffshore industry; that is, these vesselsand their crews were chartered by anoperator to perform a particular functionor task in support of offshore drilling orproduction. Since these vessels were ofless than 300 gross tons and were notknown or believed to be carrying goodsand supplies in support of the offshoreindustry, they stood exempt from the


requirements for inspection andcertification under the generalprovisions of Title 46, U.S.C. (Chapter33 or Subtitle II).

The high incidence of casualtiesinvolving liftboats reflected in the 1987review made it clear that therequirements in 46 CFR subchapter Cwere ineffective for promoting liftboats’safe operation. Further, the reviewshowed that these vessels had beenroutinely carrying goods, supplies,equipment, and offshore workers tooffshore structures, as well asperforming their traditional function insupport of construction andmaintenance of offshore structures.Accordingly, the Coast Guarddetermined in 1988 to inspect liftboatsas OSVs under 46 U.S.C. 3301(3). OnMarch 23, 1988, the Coast Guardpublished guidance for the inspection ofliftboats as Change 1 (CH–1) toNavigation and Vessel InspectionCircular 8–81 (NVIC 8–81), ‘‘Initial andSubsequent Inspection of UncertificatedExisting Offshore Supply Vessels underPublic Law 96–378.’’ On May 21, 1991,the Coast Guard published NVIC 8–91,interim guidance for applying therequirements of Subchapters I and T toexisting liftboats, as appears more fullybelow. NVIC 8–91 cancelled NVIC 8–81and its CH–1.

Specialized OSVsThe 1987 ANPRM proposed that

regulations for liftboats and otherspecialized OSVs be pursued in twodistinct phases: Phase I to addressliftboats; phase II to address specializedOSVs engaged in support of diving, ofpainting and sand-blasting, and so on.An analysis of the histories of casualtiesand of the operation of these specializedOSVs, conducted as a part of the effortto prepare the NPRM and this interimrule, shows that no additionalregulations are necessary for thesevessels as they are for liftboats. Therequirements for new conventionalOSVs in this rule will also apply tothese specialized OSVs and should besufficient to promote their safeoperation. Consequently, the CoastGuard does not intend to act further onphase II of the 1987 ANPRM.

Existing OSVsThe Coast Guard has historically tried

to let owners and operators of existingvessels, first coming under inspectionfor certification, continue operationwithout being unduly penalized bynewly promulgated regulations,provided their operations can beconducted safely. Existing conventionalOSVs, including pre-1979 OSVs, hadbeen inspected and certificated under

guidance provided in NVIC 8–81, andby additional guidance for inspectingliftboats published as CH–1 to NVIC 8–81. This additional guidance wasdeveloped to address the hazardscontributing to the high number ofliftboat casualties.

CH–1 to NVIC 8–81 extended toliftboats the same considerationpermitted for conventional OSVs:relaxation of certain provisions of 46CFR subchapter I or T. The Coast Guardis conscious of the economic hardshippotentially imposed upon owners andoperators of existing vessels first comingunder inspection for certification.Therefore, in keeping with the intent ofPublic Law 96–378, it treated existingliftboats differently from new liftboats.CH–1 to NVIC 8–81 did not addressfeatures that can be addressed only inthe design stage, such as main-hullstrength and damage stability, sincemodification of existing vessels to meetrecognized standards in these and otherfeatures is very costly. Instead, it limitedthe areas and conditions of operationaccording to vessels’ design, includingleg strength and stability. Over 50liftboats applied for and received initialinspection for certification under CH–1to NVIC 8–81.

Recently the Coast Guard becameaware of a large number of existingliftboats designed and operated oninland waters or on State waters ofTexas and Louisiana. These vessels aretypically operated closer to harbors ofsafe haven than are larger, ocean-goingliftboats. In response to requests fromrepresentatives of these liftboats, theCoast Guard revisited the issue of initialinspection for certification of existingliftboats. The result was NVIC 8–91.NVIC 8–91 incorporates the guidance ofNVIC 8–81 and its CH–1, and providesfurther guidance toward a level of safetyfor smaller, existing liftboats equivalentto that for larger, existing or new,liftboats.

NVIC 8–91 is available for inspectionand copying in the public docket. Also,copies of it are available from theCommanding Officer, Marine SafetyCenter; 400 Seventh Street SW.,Washington, DC 20590–0001; Attn:NVICs. NVIC 8–91 costs $1.75, payable,in advance, by check or money order to‘‘Treasury of the United States’’.

IntentThis interim rule applies to new

OSVs: OSVs contracted for after theseregulations take effect. It also applies toexisting OSVs, including pre-1979OSVs, if the owners of these OSVs wish.

Many of the requirements in thisinterim rule are similar tocorresponding requirements in 46 CFR

subchapters I and T. The Coast Guardhas made every effort to select the mostappropriate of those. The Coast Guard,when able, has modified existingregulations to consider the uniqueoperation of OSVs and to recognizemany of the policies developed for thesevessels throughout the years whereequivalent levels of safety have beendemonstrated. When existingregulations have seemed confusing or inany way not clear enough as they applyto OSVs, the Coast Guard has madeeditorial changes. To the extent that thisrule addresses the same issues as NVIC8–91, it addresses them in the sameway. The large majority of existingvessels have been certificated forrestricted service because of theiroriginal designs. However, new liftboatsshould enjoy a wider and less restrictivescope of operation than thosecertificated before establishment ofthese regulations because compliancewith standards of structural strengthand of stability will render them able todo more.

Associated Regulatory ProjectsOn February 13, 1990, the Coast

Guard published (55 FR 5120) anNPRM, under CGD 89–037, entitledStability Design and OperationalRegulations. On September 11, 1992, itpublished (57 FR 41812) the final rule.This interim rule subsumes that one.Both incorporate, for inspected vessels,recently adopted amendments to theInternational Convention for the Safetyof Life at Sea, 1974, as amended(SOLAS). Both seek to reduce thepotential for vessels’ capsizing causedby defective designs or operations. Thisinterim rule adds §§ 131.220 (e), (f), and(g); 131.513; and 131.620(d) to 46 CFRpart 131.

Discussion of Specific Provisions,Including Comments on and Changes tothe NPRM of May 9, 1989

The Coast Guard sought comments onall aspects of these regulations—fromowners, operators, architects, andbuilders of vessels; material vendors,insurers, surveyors, and other personsinvolved with OSVs; and interestedmembers of the public. It invited andencouraged interested persons toparticipate in this rulemaking bysubmitting written views, data, orarguments. It received 20 letters,containing 194 comments. It evaluatedall comments, and incorporated many oftheir recommendations into this interimrule. Comments received are discussedbelow. Where section numbers in thisrule differ from their counterparts in theNPRM, the counterparts appear inbrackets.


One commenter suggested that 46U.S.C. 3301(3) is flag-blind, andquestioned what standards would applyto foreign-flag OSVs. In general, theoperation of foreign-flag OSVs wouldnot be permitted, since U.S. Customshas determined that the carriage ofgoods between offshore platforms inU.S. waters constitutes ‘‘coastwisetrade’’ and would, therefore, ifaccomplished by these OSVs, violate theJones Act. No OSVs carry goodsbetween platforms in U.S. waters and aforeign port or the U.S. Virgin Islands.Current industry practice and platformlocations make such trade highlyunlikely.

One commenter asked for clarificationof the Coast Guard’s intent regardingdifferent rules for OSVs depending onwhen vessels were built. Vesselspreviously inspected under 46 CFRsubchapter I or T would continue to beinspected under those rules, comingunder this interim rule only at theowners’ option.

Two commenters stated thatapplicability provisions should requirea vessel to complete significantconstruction within a reasonable time,to prevent circumvention of the newstandards. The Coast Guard agrees andhas inserted new § 125.100(c), to require24 months for construction of the vessel.

One commenter noted that theproposed rule did not adequatelyaddress the carriage of Noxious LiquidSubstances (NLSs). The Coast Guardagrees and has added § 125.120. It hasalso updated the provisions of 46 CFRsubpart 98.31 and moved them into thissection to clarify the carriage of NLSs onOSVs.

Several comments concernedreference in § 125.150 (§ 125.140) toproposed 46 CFR subchapter W (CGD84–069), Lifesaving Equipment. Themanager of that project will considerthem along with others related to thatproject. Rather than refer to lifesavingrequirements proposed for subchapterW, this interim rule refers to thosealready in subchapter I. When proposedsubchapter W is promulgated, those ofits requirements that govern OSVs willlikely go into subchapter L, where part133 is reserved for them. The CoastGuard has revised § 125.150 (§ 125.140).

One commenter questioned thedefinition of ‘‘cargo gear’’ in(§ 125.150(d)) and asked how thisInterim Rule would treat cranes. SinceOSVs seldom carry cargo gear in thetraditional sense, but often carry cranes,the Coast Guard enlarged this definitionto specifically comprehend cranes.(§ 125.150(d)) has become § 125.160Crane, which specifically comprehendscranes.

One commenter urged use of‘‘offshore’’ in the definition of‘‘Restricted Service’’ in § 125.160(§ 125.150(w)), parallel to its use in thedefinition of ‘‘Offshore Supply Vessel’’in § 125.160 (§ 125.150(s)). A review ofthe legislative history of applicablestatutes discloses no congressionalintent to create a regulation-free zone forOSVs operating ‘‘inshore or inland.’’‘‘Offshore’’ as it figures in ‘‘offshoresupply vessel’’ suggests the place whereOSVs are designed and intended tooperate, not where they happen to beoperating at a particular moment.Accordingly, any OSV (including anyliftboat)—operating on the navigablewaters of the United States, and eithercarrying goods, supplies, or equipment,or providing service to or support ofexploration, exploitation, or productionof offshore mineral or energyresources—is subject to inspection.Section 125.160, therefore, does notinclude the use of ‘‘offshore’’ in thedefinition of ‘‘Restricted Service’’.

Two commenters indicated thepractice of incorporation by reference in§ 125.180 (§ 125.170) to be tootroublesome and confusing. Thepractice is a procedure used by Federalagencies to regulate by reference tomaterial already published andavailable elsewhere. This practicereduces the redundancy and bulk of theFederal Register and of the Code ofFederal Regulations.

One commenter pointed out that thecurrent edition, rather than an outdatededition, of the ABS’s Rules for MobileOffshore Drilling Units (MODUs) shouldbe incorporated by reference in§ 125.170. The NPRM of May 9, 1989,would indeed have incorporated byreference the Rules for MODUs from1985. But later editions appeared in1988 and 1991, and the parts of thisfinal rule governing the leg strength andstructural design of liftboats incorporatethese instead. There has beenconsiderable discussion in the CoastGuard and industry regarding the new‘‘unity check’’ equation in the newereditions of the ABS’s Rules, especiallyregarding its applicability to liftboatlegs. This rule incorporates by referencethe Rules for MODUs from 1994; but, asthe preamble points out elsewhere,other forms of the ‘‘unity check’’ may beacceptable too.

One commenter suggestedincorporating by reference in § 125.180(§ 125.170) the standards of either theInternational Standards Organization(ISO 614, 1095, 3254, 3903, and 5779)or the British Standards Institute (BSIBS MA 24 & 25) for windows used inthe side shell and in the deckhouse, andnoted that either standard would affect

proposed § 127.420. The Coast Guarddoes not agree. It has not evaluatedeither, to determine the impact ofrequiring their use. They are not knownto most small U.S. shipyards, andcasualty information has notdemonstrated that such detailedstandards are necessary. The CoastGuard may in any case acceptcompliance with them as demonstratingsufficient strength to satisfy therequirements in § 127.420. But it has notchanged § 125.180 (§ 125.170).

One commenter suggested rewording(§ 125.180) to clarify the responsibilityof the Marine Inspector regarding noticeof deficiencies found. Theresponsibilities of the Marine Inspectorare a matter of Coast Guard policy andappear in the Marine Safety Manual,NVICs, and Commandant Instructions.Because they are a matter of policy,because other subchapters concerninginspections leave policy to thosesources, the Coast Guard has removedthis section.

One commenter thought § 126.100would give the Marine Inspector toomuch power to require tests andinspections. The Coast Guard does notagree. To ensure compliance withregulations, the Inspector needsflexibility to increase the scope of aninspection according to the conditionsfound when a vessel is boarded forwhatever reason. The Inspector has tofollow guidance from the cognizantOCMI; this, together with the appealprocedures available to the owner,keeps the Inspector from wieldingexcessive power.

One commenter suggested that§ 126.110 require the owner or operatorof a vessel to report an accident andmake the vessel available for inspectionafterward. Casualty reporting is alreadyrequired under § 131.110, but the CoastGuard agrees that the burden to makethe vessel available for inspection aftera casualty or when important repairs orrenewals are going on should rest withthe owner or operator. It has changed§ 126.110.

One commenter stated that the Permitto Proceed prescribed by § 126.120should indicate whether the vessel maycarry ‘‘goods, supplies, (and)equipment’’ as well as cargo andoffshore workers. The Coast Guardagrees and has reworded § 126.120(c).

(§ 126.130), ‘‘Inspection of CargoGear’’, and (§ 126.140), ‘‘Cranes’’, havebeen merged in current § 126.130,‘‘Cranes’’, because few OSVs carry anycargo gear except cranes.

One commenter urged the CoastGuard to revise § 126.140 (§ 126.150), todelegate drydockings for credit toclassification societies’ surveyors.


Under the Maritime Regulatory ReformPlan the Coast Guard may, in the future,further delegate responsibilities forinspections to classification societies’surveyors or other third parties. In themeantime in rare cases, consideringthem on their individual merits, theOCMI may accept alternatives, underthe authority of § 125.170 (§ 125.160), ifhe or she is satisfied that they afford anequivalent level of safety.

On its own the Coast Guard realizedthat § 126.140 (§ 126.150) did notrequire an internal structuralexamination in conjunction with adrydocking for credit. For years it wasstandard practice to examine theinternal structural members whenever avessel was hauled out or placed ondrydock. In 1988 the drydockingregulations in 46 CFR subchapter Ichanged; now they distinguish between‘‘drydock’’ and ‘‘internal structural’’examinations. To clarify the intent ofthis rule, the Coast Guard has revised§ 126.140 (§ 126.150) to specificallyrequire an internal structuralexamination at the same interval asdrydocking, but not necessarily at thesame time.

Several commenters asked that§ 126.150 (§ 126.160) clarify whichOCMI an owner should notify whenrepairs or alternations are due. TheOCMI having jurisdiction in the zonewhere the repairs or alterations willoccur is the one. Section 126.150(a)makes this explicit.

One commenter found confusing theseparation of requirements in § 126.150(§ 126.160) from similar requirements in(§ 131.220) and (§ 131.230), on reportingafter certain accidents and reportingbefore certain repairs. The Coast Guardagrees and has combined all suchrequirements in § 126.150(a),eliminating (§ 131.220) and (§ 131.230).

One commenter stated that§ 126.160(c)(1) (§ 126.170(c)(1)), shouldapply to a vessel under way and one inport but not to one in a shipyard or ina ship-repair facility, because these lasttwo are subject to requirements of theOccupational Safety and HealthAdministration (OSHA) in 29 CFR part1915. The Memorandum ofUnderstanding between OSHA and theCoast Guard indicates, however, that theCoast Guard is the lead agency oninspected vessels. This section persistsas proposed.

One commenter urged that the ruletreat carriage of 36 or fewer offshoreworkers not as matter of applicability, asin (§ 125.100(a)(2)), but as an absolutelimit, as in (§ 125.180). The Coast Guardagrees; it has shifted the burden of(§ 125.180) into current § 126.170 andeliminated (§ 125.100(a)(2)).

One commenter observed that§ 126.170 (§ 126.180) does not addresshow offshore workers get on and off thevessel. The Coast Guard does notperceive this as a problem and knows ofno statistical evidence to suggest that itis. This section persists as proposed.

Two commenters challenged(§ 126.180) over the number of offshoreworkers on OSV may carry. Onecommenter held a limit of 36 workers,at least when the vessel was operatingoverseas, too restrictive while the otherheld an allowance of more than 12,whatever the circumstances, toopermissive. The Coast Guard does notagree with either commenter. Thecarriage of offshore worker is stilllimited to 16 on domestic voyages and12 on international voyages, exceptaboard vessels designed and constructedto the stringent damage-stabilityrequirements in current § 174.205. Theactual number a vessel may carry willdepend on the OCMI at the initialInspection for Certification. The OCMIwill consider space on the deck, sizes ofthe staterooms, availability of seating,number of bunks, number of toilets andwashbasins, size of the vessel, andwhether the offshore workers will beaboard for more than 24 hours. Thissection persists as proposed.

One commenter stated that Form CG–3752, ‘‘Application for Inspection’’,called out by (§ 126.230), needsrevision. The commenter is right, andthe Coast Guard will accomplish this inits next review of its information-collection budget for the Office ofManagement and Budget (OMB).

One commenter suggested revising§ 126.240 to require all pages of theCertificate of Inspection to be visiblewhen posted. The Coast Guard agreesand has reworded § 126.240accordingly.

Form CG–858, ‘‘Certificate ofInspection Amendment’’, called out by§ 126.270, has been discontinued. TheCoast Guard has revised § 126.270accordingly, and updated the MarineSafety Manual, volume II (change 3).

The Coast Guard wishes to emphasizethat the inspections called for by§ 126.340 and several other sections arethe responsibility of the owner oroperator in the first instance. Personsauthorized by the Coast Guard carry outthe inspections, but the owner oroperator makes the vessel availablewithout prompting.

One commenter stated that theinspections required by §§ 126.340 and126.430 should specifically includeliftboat legs. The Coast Guard agreesthat some inspections should, and hasadded part 134 (reserved in the NPRM),which comprises added provisions for

liftboats. The inspections required bycurrent §§ 134.110, ‘‘Initial Inspection’’,and 134.120, ‘‘Inspection forCertification’’, specifically includeliftboat legs.

Eight commenters stated that(§ 126.350) and (§ 126.440) wereconfusing, difficult to decipher, toodetailed, and verbose. The Coast Guardagrees and has eliminated much of theoriginal text. Section 126.350(b)(3)refers the reader to subpart 94.35 forguidance on the inspection of theinstallation of lifeboats, rescue boats,davits, and winches. Section 126.440likewise refers the reader to § 91.25–15.

One commenter stated that the scopeof reinspection in § 126.520 should bebetter defined. The Coast Guard doesnot agree. Once a vessel has passedinspection and received a Certificate ofInspection (COI), that vessel should bein compliance with the terms of its COIat all future times. To ensure thiscompliance, the Marine Inspector needsthe flexibility to increase the scope ofinspections according to conditionsfound. See the discussion of § 126.100,above.

On January 25, 1990, the Coast Guardpublished (55 FR 2525) alternativeprovisions for reinspection of OSVs inforeign ports under CGD 82–004a. Theseprovisions now appear here,incorporated in § 126.530.

Two commenters stated that§ 127.110(e), ‘‘Electrical engineering’’,should incorporate § 110.25 of thischapter both for vessels of under 100gross tons and for vessels of 100 or moregross tons. The Coast Guard does notagree. The electrical requirements forvessels of under 100 gross tons aresimilar to the requirements in proposedsubchapter T, which, in their currentform, do not seem to have degraded thesafety and reliability of electricalsystems. This section persists asproposed.

Section 127.120(b) has changed toreflect the Marine Safety Center’s newaddress.

Three commenters stated that§ 127.240, ‘‘Means of escape’’, shouldrequire more. The first commenter urgedadding that ‘‘at least two means ofescape from the same deck lead directlyto the outside of the deckhouse’’ andcited an accident where protective metalplates on windows were secured fromthe outside of the deckhouse. Thesecond urged adding that ‘‘all exposedperipheries within five feet of thescuttle be provided with permanentrails or bulwarks’’. The third urgedadding that vertical ladders be strongenough to support 1000 pounds. TheCoast Guard disagrees with theseadditions, but has added § 127.440 to


require that any covering or protectionplaced over a window or porthole becapable of being readily removed oropened without anyone’s having to goonto a weather deck.

Two commenters considered§ 127.250, ‘‘Ventilation for enclosedspaces’’, too broad and yet too sparse indetail on remote stopping of ventilation.The requirements for remote stoppingappear at § 129.540; adding them to§ 127.250 would be redundant.

One commenter found § 127.270(g),on separating crew members’ andoffshore workers’ accommodationsimpracticable and unnecessary. TheNPRM, however, had allowed approvalof an alternative arrangement by theOCMI; this Interim Rule allows it also.

None commenters stated that§ 127.280, now ‘‘Construction andarrangement of accommodations forcrew members and offshore workers’’,needed reworking. The Coast Guardagrees and has made several changes.From § 127.280(b)(1) it has dropped therequirements that seating must not beintended for any other use and thatseating with crew members is notacceptable. From § 127.280(b)(2) if hasdropped the requirement for aircraft-style seating when offshore workers areaboard for more than 12 hours. From§ 127.280(b)(4) it has dropped therequirement of separate toilets andwashbasins for offshore workers. Andfrom § 127.280(d) it has dropped therequirement that boundary bulkheadsand decks separating crew members’and offshore workers’ accommodationsfrom machinery spaces must be of ‘‘A’’class construction as defined by§ 92.07–5 of this chapter for vessels ofless than 100 gross tons.

One commenter wanted § 127.320,‘‘Storm rails’’, revised to read thatsuitable storm rails must be installed inall passageways and at the deckhousesides, ‘‘including in way of inclinedladders’’—wherever persons aboardhave normal access. The Coast Guardagrees and has corrected this section.

Two commenters stated that everycovering or protection placed over awindow or porthole during heavyweather should be capable of beingreadily removed or opened withoutanyone’s having to go onto a weatherdeck. The Coast Guard agrees and hasadded § 127.440, ‘‘Operability ofWindow Coverings’’.

One commenter wanted § 127.420 torequire windows and portlights to meetstandards of the British StandardsInstitute if the vessel operated on oceansor partially protected routes. The CoastGuard disagrees because it has notevaluated these standards to determinethe impact of their use, because they are

not known to most small shipyards, andbecause reports and statistics oncasualties have not demonstrated theirnecessity. This section persists asproposed.

One commenter stated that there is anenormous difference between vitalsystems for lifeboats and those forconventional OSVs and that § 128.130should reflect this. The Coast Guarddisagrees, respecting most vital systems.However, to affirm the stature ofliftboat-jacking systems as vital systemsit has moved its treatment of these fromthis section to part 134.

One commenter stated that theconstraint on design ordained by(§ 128.310(b)), ‘‘the use of a fuel with aflashpoint of lower than 110 degrees F.must be specifically approved byCommandant (G–MMS), except in anengine for a gasoline-powered rescueboat’’, would be more appropriate insubpart I of part 131 as a constraint onoperations. The Coast Guard does notagree. This constraint should influencethe design, and the builder should seekthe Commandant’s approval, ifnecessary, early in design so anychanges may occur before actualconstruction begins. This sectionpersists as proposed.

One commenter stated that § 128.440is too broad to establish minimumstandards for designers and builders andthat liftboats would have to meet thesame requirements for bilge systems thatMODUs already have to meet. The CoastGuard agrees in part. This section nowcontains paragraphs (a) and (b).Paragraph (a) reads, ‘‘Except as providedby this section, each bilge-systeminstallation must comply with §§ 56.50–50 and 56.50–55 of this chapter’’.Paragraph (b) comprises the textproposed for § 128.440 as a whole.

One commenter believed that mostswitchboards aboard liftboats are toosmall for handrails as required by§ 129.330(c). The Coast Guard does notagree. A non-conductive handrail isessential to the safety of crew memberswhen operating the switchboard in anykind of seaway. This section persists asproposed.

One commenter stated that§ 129.440(a) should also requireemergency lighting in the engineroom.The Coast Guard agrees and hasreworded the section to include working(machinery) spaces.

One commenter stated that § 129.530should not exempt vessels of under 100gross tons from installing a generalalarm. The Coast Guard agrees and hasreworded this section.

One commenter stated that§ 129.540(a) should not exempt vesselsof under 100 gross tons from installing

remote stopping-systems. The CoastGuard does not agree. Elsewhere, thisinterim rule requires vessels of under100 gross tons to have remote means ofshutting down ventilation and a meansof shutting down main propulsionmachinery, both from the pilothouse.This section persists as proposed.

One commenter called redundant therequirement of § 130.120(c), that avessel have a propulsion-control systemoperable from the pilothouse that shutsdown main machinery independent ofthe remote stopping-system required by§ 129.540(b)(1). The Coast Guard agreesand has changed § 130.120(c) so that asystem in compliance with § 129.540 isalso, by that fact, in compliance with§ 130.120.

One commenter stated that§ 130.120(d) should require most OSVswith controllable-pitch propellers to failin the ahead mode since they normallyback into rigs but should require mostliftboats with controllable-pitchpropellers to fail in the astern modesince they normally head into rigs. TheCoast Guard disagrees. Statistics onaccidents do not establish this as aproblem. Maneuvering in a harbor or inclose quarters with other vessels couldprove disastrous if controllable-pitchpropellers failed in any mode thatcauses the propulsion engine to overspeed or the pitch of the propellers toincrease. This section persists asproposed.

One commenter stated that§ 130.130(j)(4) was unclear about themeaning of ‘‘materially equivalent’’.When a hydraulic-helm steering-systemis installed with a duplicate powersystem for the main steering gear, theduplicate power system may be used tooperate winch motors on deck or similarequipment if its hydraulic piping, forinstance, is essentially identical to thatof the steering system.

One commenter asked whether an‘‘orbitrol-type’’ system counts as ahydraulic-helm steering-systemaccording to § 130.140(a)(2). An orbitrolsystem is a type of hydraulic-helmsteering-system.

One commenter stated that thereference by § 130.140(b)(15) to the‘‘hydraulic helm unit’’ should beeliminated. The Coast Guard agrees, andhas changed the section to read‘‘Manual capability to center and steadythe rudder if the vessel loses normalsteering power.’’

One commenter stated that liftboatsapproach docks and offshore platformshead on and that, therefore, § 130.140should not require after steering. Aftersteering enters § 130.140(a)(1) byreference to subchapter F (§ 58.25–50),which does not require it if the steering


system complies with standardsembodied in § 130.140(b) and if thevessel has adequate visibility whengoing astern. This section persists asproposed.

The requirement for gas masks in§ 130.230 (§ 130.240) has given way toCGD 86–036, ‘‘Updating Approval andCarriage Requirements for BreathingApparatus’’, published (57 FR 48320) asa final rule on October 23, 1992. Nowa self-contained breathing apparatus(SCBA) is required for each refrigerationsystem exceeding 20 cubic feet ofstorage capacity and using ammonia orother hazardous gas, or exceeding 1000cubic feet of storage capacity and usinga fluorocarbon as refrigerant.

Two commenters called excessive therequirement in § 130.240 (§ 130.250),that liftboats comply with the ABS’srules for anchors. One commenter statedthat the ABS’s rules are an option forMODUs and should be for liftboats. Theother stated that liftboats do not andwould not use anchors often, and thatthis rule should allow smaller anchorsthan those allowed by the ABS’s rules.The Coast Guard does not agree. OnlyMODUs that are not self-propelled andare towed from place to place are freeto ignore those rules. Liftboats do not fitin that category; they need anchors inemergencies. They may, however,comply with rules from otherclassification societies instead of theABS’s rules, upon approval of theCommandant. This section persists asproposed.

One commenter stated that a newsection should be added to require cargofittings on weather decks to provideadequate lashing-points for deck cargo.The Coast Guard considers a uniformrequirement on lashing an unnecessaryeconomic burden and will leave thematter to the owners’ desires.

One commenter found therequirements in §§ 130.310 for a marineradar and 130.320 for an electronicposition-fixing device inadequate toassure navigational safety. The CoastGuard disagrees. There is a wide varietyof radar and electronic position-fixingdevices available, at many differentprices. The Coast Guard does not preferone to another. These sections persist asproposed.

Two commenters wanted a newsection requiring Navtex receivers andfathometers. The FederalCommunications Commission requiredon August 1, 1993 (47 CFR80.1065(b)(1)), that OSVs of 300 or moregross tons carry Navtex receivers. TheCoast Guard will not require that OSVsof under 300 gross tons do the same.OSVs are in constant contact with theirbases or the offshore facilities they are

serving. Using the required charts andelectronic position-fixing devices,vessels will know depths of water wellenough without fathometers. The CoastGuard considers a uniform requirementan unnecessary economic burden andwill leave the matter to the owners’desires. No section was added.

One commenter wanted a new§ 130.330(c) specifying that, ‘‘whenoperating in foreign waters, an OSV maycarry an appropriate foreign equivalentof any’’ domestic item ‘‘required byparagraph (a) of this section.’’ The CoastGuard agrees and has added thiswording.

One commenter wanted a newsubsection in § 130.440 to require apublic-address system for announcinginstructions, advisories, andemergencies from the pilothouse. TheCoast Guard disagrees. A general alarmin accordance with § 129.530 shouldserve to alert crew members andoffshore workers to emergencies. Thissection persists as proposed.

Two commenters wanted all voidscovered by § 130.460(b)(1), whichalready requires sensors for the high-bilge-level alarm in each space belowthe deepest load waterline that containspumps, motors, or electrical equipment.The Coast Guard disagrees. This wouldbe an unnecessary economic burdenbecause the flooding of voids withoutapparent reason and without crewmembers’ knowledge has not been acause of casualties to OSVs. This sectionpersists as proposed.

One commenter wanted a newsubsection in part 131, proposedsubpart I, ‘‘Markings on Vessels’’, torequire markings on main decks overintegral fuel and buoyancy tanks, toalert personnel where not to use tackwelds when securing deck cargo. TheCoast Guard disagrees. Using tack weldsto secure deck cargo is inconsistent withsound policy for welding and burningon inspected vessels. Proposed subpartI has become current subpart B;otherwise, the subpart persists asproposed.

One commenter stated that§ 131.220(c) (§ 131.920(b)) did notclearly indicate the datum line for draftmeasurements. The Coast Guarddisagrees. This section persists asproposed.

One commenter stated that§ 131.340(a)(5) (§ 131.340(1)(v)) wasunclear where offshore workers shouldsit and what ‘‘evenly distributed’’means. The Coast Guard disagrees. Theworkers should be seated and evenlydistributed in the area specified by§ 127.280(b)(1) (§ 127.280(a)(1)). Section§ 131.340(a)(5) (§ 131.340(1)(v) persistsas proposed.

One commenter urged that theinstruction in § 131.340(a)(6)(§ 131.340(1)(vii)) to don lifejackets andimmersion suits should be reworded.The Coast Guard agrees. Only ifimmersion suits are required aboardshould offshore workers have to donthem. The Coast Guard has rewordedthis section.

One commenter recommended thatthe Coast Guard develop—instead of§ 131.420(c)(2), under which the OCMImay permit persons practiced in thehandling of liferafts to substitute fordeck officers, able seamen, andcertificate persons—an appropriatescheme of testing and endorsement forpersons in charge of survival craft. Thewhole point of § 131.420(c)(2) is torequire either persons tested andendorsed, or persons demonstrablycompetent by standards less rigid, to bein charge of survival craft. But the CoastGuard will consider thisrecommendation while developing arule to revise 46 CFR part 12,‘‘Certification of Seaman’’.

One commenter suggested that in§ 131.505(a) the word ‘‘voyage’’ shouldbe replaced by ‘‘away from shore’’. TheCoast Guard agrees and has rewordedthis section.

One commenter stated that § 131.560as written was directed mainly atliftboats and should be rewritten to bedirected at OSVs in general. The CoastGuard disagrees. Every word applieswith full force to OSVs in general. Thissection persists as proposed.

One commenter recommended that§ 131.580 cover the servicing ofinflatable buoyant apparatus. The CoastGuard agrees and has reworded thissection.

One commenter suggested that in§ 131.610(a) the words ‘‘Each OSV’’should read ‘‘Each vessel’’. The CoastGuard disagrees. This subchapter dealsonly with OSVs, even though some areliftboats. This section persists asproposed.

The Coast Guard has reworded§ 131.860(b) to eliminate both paragraph(1)—and with it a reference to SOLAS—and paragraph (2), and to clarify itsintent on the length of the painter.

One commenter recommended that§ 131.865 cover the marking of inflatablebuoyant apparatus. The Coast Guardagrees and has reworded this section.

One commenter suggested that themarkings prescribed by § 131.893 forwatertight doors and hatches read‘‘WATERTIGHT DOOR—KEEP CLOSEDEXCEPT FOR PASSAGE’’ and‘‘WATERTIGHT HATCH—KEEPCLOSED WHEN NOT IN USE’’. TheCoast Guard agrees and has rewordedthis section.


One commenter recommended adding‘‘operating a vessel while intoxicated’’to the grounds of criminal liability setforth by § 131.905(a)(3)(§ 131.1005(a)(3)). The Coast Guarddisagrees because the section alreadyimplies those grounds.

Several commenters expressed theconcern that, considering the service ofOSVs, hand-operated fire pumps wereinadequate on OSVs under 65 feet inlength. The Coast Guard disagrees. Therequirements in § 132.100 are similar tothose in proposed subchapter T, whichare similar to those in currentsubchapter T, which have caused noperceptible decline in safety. Thissection persists as proposed.

One commenter stated that§ 132.120(j) could be construed toprohibit a ballast pump from use as abackup or standby fire pump. It canindeed be so construed, where a ballastpump is ‘‘connected to a line forflammable or combustible liquid’’; theCoast Guard wants it so construed,there—though not elsewhere. Thissection persists as proposed.

The Coast Guard has incorporatedChapter 4 of NFPA 10 into§ 132.350(c)(1) as the standard to usewhen inspecting and testing portablefire extinguishers. It has deleted therequirements for portable fireextinguishers in proposed Table132.350(a). It has combined therequirements for semiportable and fixedfire-extinguishing systems in proposedTables 132.350 (a) and (b) into Table132.350.

After reviewing spoken comments,made during the hearings in NewOrleans, and written comments, theCoast Guard has consolidated itemspeculiar to liftboats spread throughoutthe NPRM into previously reserved part134, now entitled ‘‘Added Provisions forLiftboats.’’ Part 133 is reserved for‘‘Lifesaving Systems’’.

Two commenters will applaud§ 134.140(a)(1), which clarifies a matterleft ambiguous by proposed§ 127.210(b)(1): whether the main hullof a liftboat constitutes part of the‘‘supporting structure’’. It does, andmust comply with section 3.11 of theABS’s Rules for Building and ClassingMobile Offshore Drilling Units.

Five commenters found a ‘‘K’’ factorof 2 for leg strength in § 134.140(a)(3)(§ 127.210(b)(3)) too restrictive. A ‘‘K’’factor of 2 is conservative and in anycase is just a starting-point. Section134.140(a)(3) (§ 127.210(b)(3)) remainsas before. The Coast Guard realizes thatthere may be any number of ways tocalculate leg strength, so it has retained§ 134.140(b) (§ 127.210(c)), to allow useof the standards of any classification

society, or other established standardacceptable to Commandant (G–MMS), indetermining structural strength.

Four commenters found therequirement in § 134.150(a), (§ 128.460),for design of rack-and-pinion jacking-systems to the standard of AmericanGear Manufacturer’s Associationinappropriate because the systemsoperate in a low-duty-cycle, slow, non-reversing, nearly static condition. TheCoast Guard agrees and has rewritten§ 134.150(a) (§ 128.460) so that thesesystems must comply with sections 4/1.13.1 through 4/1.13.3 of ABS’s Rulesfor Building and Classing MobileOffshore Drilling Units.

Four commenters stated that therequirement in § 134.150(b) (§ 130.210),for a loss of power or a failure of anyone component if the liftboat-jackingsystem to activate an alarm, isimpracticable. The Coast Guard agreesand has revised § 134.150(b) to requirea visible and audible alarm for loss ofpower, loss of pressure in the hydraulicsystem, or low hydraulic-fluid level atthe operating station.

Three commenters suggestedrequiring a tilt-level alarm on liftboats.The Coast Guard disagrees. A liftboatconstructed to these rules will enjoy anincreased level of safety over existingliftboats, and a tilt-level alarm is notessential for vessel safety. Owners mayor may not install a tilt-level alarm,according to their desires.

Section 134.170 revises therequirement in (§ 131.1085), that eachliftboat carry an operating manual. Forthe reference to § 109.212(c) itsubstitutes its own list.

To address the unique operatingcharacteristics of liftboats, the CoastGuard has added § 134.180. Thisrequires piping for fire-main suctionwhile a liftboat is elevated.

Ten commenters opposed, or raisedquestions concerning, the requirementin (§ 174.180), that liftboats meet thesame criteria for stability, whether intactor damaged, as conventional OSVs. Itwas never the Coast Guard’s intention toimpose on liftboats criteria for stabilityof conventional ship-shaped hulls.

Liftboats inspected under subchapterL need not meet the criteria in currentsubpart G of part 174 of subchapter S.Liftboats in unrestricted service mustnow, according to § 174.250, meet thesame criteria for intact, damaged, andon-bottom stability as MODUs insubpart C of part 174 of subchapter S.Liftboats in restricted service must now,according to § 174.255, meet the criteriafor intact, damaged, and on-bottomstability in § 174.255 itself. Both sets ofcriteria for liftboats inspected undersubchapter L—in unrestricted service,

and in restricted service—closely followguidelines of NVIC 8–91.

Three commenters opposed liftboats’having to meet criteria for damagedstability in §§ 174.195–205. As outlinedabove, these criteria for damagedstability in subchapter G do not nowapply to liftboats, since now all criteriafor damaged stability for liftboats iscontained in subpart H.

Three commenters stated thatdesigning vessels to the criteria fordamaged stability in § 174.205 is toohard. The Coast Guard disagrees.Vessels have already been designed, andbuilt, to these criteria. Anyway, morestringent criteria for survivability arewarranted for vessels that carry morethan 16 offshore workers, and § 174.205applies only to vessels that do.

Two commenters stated that all OSVs,including liftboats, should have to meetthe standards for survivability of§ 174.205(e), whether they carry morethan 16 offshore workers or not. TheCoast Guard disagrees. Damagedstability is not necessary on smallpassenger-vessels or smallmiscellaneous vessels unless thenumber of people aboard causes specialconcern; at least no statistical oranecdotal evidence suggests that it is.

One commenter found the intent ofproposed § 174.205(f) unclear. So, on alater look, did the Coast Guard. Section174.205(f) now reads: ‘‘For paragraph (a)of this section, the buoyancy of anysuperstructure directly above the sidedamaged must be considered in themost unfavorable condition.’’

The dimension requirement in§ 174.220(a)(1) for hatches extendingabove the weather deck has beenchanged from 12 inches to 171⁄2 inchesto conform with loadline regulations in§ 42.15–25(a)(ii) of this chapter. Also thedimension requirement in § 174.220(d)for watertight coamings in conjunctionwith weathertight doors has beenchanged from 6 inches to 15 inches toconform with loadline regulations in§ 42.15–10(b) of this chapter.

One commenter recommended addinga statement to § 174.255(c)(§ 174.250(e)), that unless a liftboatcould endure 100 knots of wind undersevere-storm conditions it would belimited to service within 12 hours of aharbor of safe refuge. The Coast Guarddisagrees. The definition of ‘‘restrictedservice’’ in § 125.160 already imposesthis limit. Another commenter statedthat § 174.255(c) (§ 174.250(e)), requiresthe same on-bottom stability for aliftboat in restricted service as for aMODU, or for a liftboat in unrestrictedservice. A liftboat in restricted servicemust endure 70 knots of wind undernormal operating-conditions through its


area of operation and 100 knots undersevere-storm conditions in a safelocation, if the safe location is otherthan a harbor of safe refuge. A MODU,or a liftboat in unrestricted service, mustendure 70 knots of wind under normaloperating-conditions everywhere and100 knots under severe-stormconditions everywhere. To better clarifythis, the Coast Guard has added to§ 174.255(c): ‘‘* * * winds of 70 knotsunder normal operating-conditions andof 100 knots for severe-storm conditionswhen elevated in a safe location, if thislocation is other than a harbor of saferefuge.’’

One commenter suggested addinganother section to § 174.255 (§ 174.250),requiring that a vessel show reserve leg-height while both jacked up and subjectto 100 knots of wind if it would qualifyfor unrestricted service. The CoastGuard disagrees. It considers reserveleg-height in determining a route, givenrestricted service, not in determiningwhether a liftboat qualifies forunrestricted rather than restrictedservice.

One commenter called arbitrary arequirement in § 174.260 (§ 174.255), of24 inches as minimum freeboard forliftboats. The Coast Guard disagrees.The requirement of 24 inches asminimum freeboard first appeared inCH–1 to NVIC 8–81 on March 23, 1988,and since then has become accepted byindustry as prudent for avoiding theadverse effects of water on deck.

Incorporation by ReferenceThe Director of the Federal Register

has approved the material in § 125.180for incorporation by reference under 5U.S.C. 552 and 1 CFR part 51. Thematerial is available as indicated in§ 125.180.

Units of MeasureThis interim rule employs British

units of measure throughout. Federalpolicy now favors ‘‘hard metric’’throughout. In the absence ofcompelling reason to the contrary, thefinal rule will employ metric units ofmeasure throughout.

Regulatory AssessmentThis interim rule is a significant

regulatory action under section 3(f) ofExecutive Order 12866 and is significantunder the regulatory policies andprocedures of the Department ofTransportation (44 FR 11034 (February26, 1979)). It has been reviewed by theOffice of Management and Budget underthat Order. The Coast Guard hasprepared a Regulatory Assessment andplaced it in the rulemaking docket. Theassessment may be inspected and

copied at the address listed underADDRESSES, above.

a. Costs for Conventional OSVsAs of December 1987, there were 584

OSVs certificated, 407 of which were of100 or more gross tons. In evaluating theeffect of this interim rule, the CoastGuard considered all costs and benefitsof this rule in constant dollars.

The added cost to construct aconventional OSV under this rule,compared to that under existingregulations, expressed as a percentage ofthe initial construction cost for eachOSV, comes to:

1. Around 2.3 percent for eachconventional OSV of less than 100 grosstons.

2. Around 0.5 percent for eachconventional OSV of 100 or more grosstons.

If 90 large OSVs and 50 small OSVsare built in the six years after the rulebecomes effective, the cost of this ruleto the industry will come to around $0.8million a year.

Since 1987 there have been few, ifany, OSVs built, because of thedownturn in the offshore industry. Forthis reason the Coast Guard’sassumption on the number of OSVs tobe built in the next 6 years may beinappropriate. The Coast Guardencourages comments from industry onthe current cost to construct an OSV andon the estimated number of OSVs thatmight be built in the next 6 years.

The principal benefits of this rule willbe (1) a vessel better equipped, with theauthorization to carry more than twiceas many offshore workers and up to fullcapacity of the tanks for liquid drilling-fluid; (2) increased safety for crewmembers and offshore workers, due tothe damage-stability requirements; (3) avessel less likely to suffer damageresulting in total loss of the vessel; and(4) a crew better prepared to deal withemergencies. The economic value ofthese benefits is difficult to quantify, asit depends on a vessel’s design,operational procedures, and contractualarrangements. However, even if this rulesaves just 30% of the expense ofdamages due to casualties, the economicvalue—quite apart from the first,second, and fourth of the four‘‘principal benefits’’—of this rule willmore than offset the economic costs.

b. Costs for LiftboatsThis Interim Rule will affect small

business-entities in the form of liftboats.(See Small Entities, below.) Thesevessels have not had to meet standardsof Coast Guard inspections. Because theCoast Guard has seldom dealt withliftboats during design and construction,

it has no accurate mechanism fordetermining additional costs that maybe incurred by owners of new liftboatsrequired to meet this rule. In the NPRM,the Coast Guard sought informationconcerning such costs that might beborne by owners and operators ofliftboats resulting from newly imposedinspection requirements. One writtencomment did offer a few data associatedwith costs. Based upon those data,modifications to the draft regulatoryevaluation came about.

The Coast Guard reached severaldesigners, builders, and owners ofliftboats as it prepared this final rule.These people estimated that a largeliftboat (of less than 300 gross tons withlegs 200 feet long) would cost between$2 and $4 million to design and build,while a liftboat of less than 100 grosstons would cost about $1 million todesign and build. These people believethat, if design took account of this rulefrom the start, the non-recurring costassociated with construction of a liftboatwould be minimal—not more than 5%above the current estimatedconstruction cost. If it were 10% above,the non-recurring cost would come to$100,000 for a liftboat of less than 100gross tons and between $200,000 and$400,000 for a liftboat of 100 or moregross tons. Elements of this non-recurring cost include:

1. Submittal of plans to the CoastGuard.

2. Preparation and submittal of acomprehensive operating manual to theCoast Guard.

3. Design and construction of a fail-safe jacking-system.

4. Piping for fire-main suction whilethe liftboat is elevated.

5. Compliance with stricterrequirements for lifesaving equipment.

There would be no recurring costassociated with this rule. There isrecurring cost associated with salaries ofcrew members, with periodic testingand drydocking, and with biennialinspections and reinspections, but thisrule does not compound it.

The economic value due to the‘‘principal benefits’’, of casualties andfatalities prevented, is the saving to theliftboat industry offered by this rule; itcomes from the annual averages for theliftboat fleet, 1981 to 1986. The CoastGuard has reviewed the casualty andfatality records from 1987 through 1994for liftboats and has deduced that thecasualty and fatality statistics follow thesame general trend as they did inprevious years. Therefore, the averagecost per casualty will not be affected byrecent statistics. However, since 1987there have been few, if any, liftboatsbuilt, because of the downturn in the


offshore industry. For this reason theCoast Guard’s assumption on the cost tobuild a liftboat may be inappropriate.The Coast Guard encourages commentsfrom industry on the current cost tobuild a liftboat and on the estimatednumber of liftboats that might be builtin the next few years. The Coast Guardbelieves that this rule will reduce theaverage cost of total losses in the liftboatfleet, compared to that of total losses inthe fleet of conventional OSVs, byaround 75–87 percent. This reducedcost of liftboat losses will amount toabout $65,874 for a lifboat of less than100 gross tons, which is less than theestimated $100,000 for a new liftboat inadded costs of construction. Similarly,for liftboats of 100 or more gross tons,the reduced cost of casualties will beabout $183,100, which is near the lowend of the range estimated for a newliftboat in added costs of construction,$200,000–$400,000.

It is difficult to gauge the impact ofthis rule on the liftboat industry as awhole since those consulted know of noplans for construction of new liftboatsand since the Coast Guard holds onlyinformal estimates of the added costs ofconstruction that may be incurred. Newliftboats would enjoy someunquantifiable benefits heretoforelimited to conventional OSVs (forexample: carriage of unlimitedquantities of Grade-E liquid drilling-mud and up to 36 offshore workers).These unquantifiable benefits, whenadded to the anticipated reductions incasualty costs discussed above,outweigh the estimated added cost ofconstruction.

EnvironmentThe Coast Guard considered the

environmental impact of this InterimRule and concluded that underparagraph 2.B.2 of CommandantInstruction M16475.1B, the rule iscategorically excluded from furtherenvironmental documentation becauseof the inconsequential effects that itexpects the rule to have on theenvironment. A Categorical ExclusionDetermination is available in the docketfor inspection or copying whereindicated under ADDRESSES.

Compatibility With InternationalStandards

The Coast Guard has adopted a policyto evaluate current and new rules and,as far as possible, to eliminaterequirements that create an unwarranteddifferential between domestic rules andresponsible international standards. TheCoast Guard has therefore compared thisinterim rule to international standards.The Coast Guard has determined that

this rule does not unnecessarilyestablish requirements in excess ofinternational standards.

FederalismThe Coast Guard has analyzed this

rulemaking in accordance with theprinciples and criteria in ExecutiveOrder 12612, and has determined thatthe rulemaking does not have sufficientimplications for federalism to warrantthe preparation of a FederalismAssessment. There were no commentssubmitted to the public docketaddressing federalism.

Small EntitiesIn accordance with the Regulatory

Flexibility Act (5 U.S.C. 601 through612), the Coast Guard has consideredwhether this rulemaking is likely tohave a significant economic impact ona substantial number of small entities.‘‘Small entities’’ include independentlyowned and operated small businessesthat are not dominant in their field andthat would otherwise qualify as ‘‘smallbusiness concerns’’ under section 3 ofthe Small Business Act (15 U.S.C. 632).

There are about 70 natural orcorporate persons that own oneconventional OSV apiece. (Theyaccount for about 12% of existingconventional OSVs.) The Coast Guarddoes not anticipate that there can bemany more than 20 persons that willown one new conventional OSV apiece.(It reaches this figure by assuming thatthey would likewise account for about12% of the anticipated 140 newconventional OSVs to be built in thenext six years, or for about 3 a year.)Marginal, one-time, out-of-pocketexpense for initial construction will notexceed 2.5%, as previously discussed,even if none of the operationalimprovements in safety or flexibility (orother unquantifiable benefits) arerealized. Recurring operational expensewill be nil.

There are 5 natural or corporatepersons that own one liftboat apiece.(They account for about 2% of existingliftboats.) The Coast Guard does notanticipate that there can be many morethan one person that own one newliftboat apiece. (It reaches this figure byassuming that they would likewiseaccount for about 2% of the anticipatednew liftboats to be built in the next sixyears.) Marginal, one-time, out-of-pocketexpense for initial construction will notexceed 10% even if none of theoperational improvements in safety orflexibility (or other unquantifiablebenefits) are realized. Recurringoperational expense will be nil.

Acting upon these estimates, theCoast Guard certifies under section

605(b) of the Regulatory Flexibility Act(5 U.S.C. 601 et seq.) that this interimrule will not have a significanteconomic impact on a substantialnumber of small entities.

Collection of Information

This rulemaking containsinformation-collection requirements inthe following sections of 46 CFR:126.120126.140126.150126.160126.230126.240126.260126.270126.320126.330126.420126.510126.530127.100127.110127.210128.120128.210128.220128.240129.220129.320129.375130.130130.330130.480131.110131.210131.220131.230131.310131.320131.330131.340131.350131.505131.510131.515131.520131.525131.530131.535131.545131.550131.565131.570131.590131.610131.620131.630131.730131.805131.810131.815131.820131.825131.830131.835131.840


131.845131.850131.855131.860131.865131.870131.875131.880131.885131.890131.893131.896131.899131.930131.945131.950131.955132.110132.130132.210132.220132.360134.130134.140134.160134.170174.210174.255

The information-collectionrequirements have been approved by theOffice of Management and Budget(OMB) under the provisions of thePaperwork Reduction Act of 1980 (44U.S.C. 3501 et seq.), and approvedunder approval number 2115–0592.

List of Subjects

46 CFR Part 90

Administrative practice andprocedures, Authority delegation, Cargovessels, Hazardous materialstransportation, Marine safety, Offshoresupply vessels, Oil and gas exploration,Vessels.

46 CFR Part 98

Cargo vessels, Hazardous materialstransportation, Marine safety, Reportingand recordkeeping requirements.

46 CFR Part 125

Administrative practice andprocedures, Authority delegation,Hazardous materials transportation,Incorporation by reference, Marinesafety, Offshore supply vessels, Oil andgas exploration, Vessels.

46 CFR Part 126

Authority delegation, Hazardousmaterials transportation, Marine safety,Offshore supply vessels, Oil and gasexploration, Reporting andrecordkeeping requirements, Vessels.

46 CFR Part 127

Authority delegation, Hazardousmaterials transportation, Marine safety,

Offshore supply vessels, Oil and gasexploration, Reporting andrecordkeeping requirements, Vessels.

46 CFR Part 128Hazardous materials transportation,

Main and auxiliary machinery, Marinesafety, Offshore supply vessels, Oil andgas exploration, Vessels.

46 CFR Part 129Electric power, Hazardous materials

transportation, Marine safety, Offshoresupply vessels, Oil and gas exploration,Vessels.


Marine safety, Offshore supply vessels,Oil and gas exploration, Vessels, Vesselcontrol and automation.


Marine safety, Navigation (water),Offshore supply vessels, Oil and gasexploration, Operations, Penalties,Reporting and recordkeepingrequirements, Vessels.

46 CFR Part 132Fire prevention, Hazardous materials

transportation, Marine safety, Offshoresupply vessels, Oil and gas exploration,Vessels.


Marine safety, Offshore supply vessels,Oil and gas exploration, Provisions forliftboats, Vessels.


Marine safety, Offshore supply vessels,Oil and gas exploration, Stability,Vessels.


Marine safety, Offshore supply vessels,Oil and gas exploration, Stability,Vessels.

46 CFR Part 175Administrative practice and

procedures, Authority delegation,Hazardous materials transportation,Marine safety, Offshore supply vessels,Oil and gas exploration, Passengervessels, Reporting and recordkeepingrequirements.

In consideration of the foregoing, theCoast Guard amends chapter I of title 46of the Code of Federal Regulations asfollows:

PART 90—GENERAL PROVISIONS


Authority: 46 U.S.C. 3306, 3703; 49 U.S.C.App. 1804; E.O. 12234, 45 FR 58801, 3 CFR,1980 Comp., p. 277; 49 CFR 1.46.

2. Section 90.05–20 is revised to readas follows:

§ 90.05–20 Applicability to offshorevessels

(a) Offshore supply vessels of 100 ormore but of less than 500 gross tons,contracted for before March 15, 1996,are subject to inspection under thissubchapter. Offshore supply vesselscontracted for on or after March 15,1996, are subject to inspection undersubchapter L of this chapter.

(b) Each OSV permittedgrandfathering under paragraph (a) ofthis section must complete constructionand have a Certificate of Inspection byMarch 16, 1998.

3. Sections 90.10–40 (b) and (c) arerevised to read as follows:

§ 90.10–40 Offshore supply vessels.* * * * *

(b) An existing offshore supply vesselis one contracted for before March 15,1996.

(c) A new offshore supply vessel isone contracted for on or after March 15,1996.

§ 90.30–10 [Removed]4. Section 90.30–10 is removed.

PART 98—[AMENDED]

§§ 98.31–5, 98.31–10 and 98.31–15(Subpart 98.31) [Removed]

5. Subpart 98.31 consisting of§§ 98.31–5, 98.31–10, and 98.31–15, isremoved.

6. Subchapter L consisting of Parts125 through 136, is added to read asfollows:

SUBCHAPTER L—OFFSHORE SUPPLYVESSELS

PART 125—GENERAL

Sec.125.100 Applicability.125.110 Carriage of flammable or

combustible liquid cargoes in bulk.125.120 Carriage of noxious liquid

substances in bulk.125.130 Carriage of packaged hazardous

materials.125.140 Loadlines.125.150 Lifesaving systems.125.160 Definitions.125.170 Equivalents.125.180 Incorporation by reference.125.190 Right of appeal.

Authority: 46 U.S.C. 2103, 3306, 3307; 49U.S.C. App. 1804; 49 CFR 1.46.

§ 125.100 Applicability.(a) Except as provided by paragraph

(c) of this section, this subchapterapplies to each offshore supply vessel


(OSV) of United States flag contractedfor on or after March 15, 1996.

(b) Each OSV contracted for beforeMarch 15, 1996, must be constructedand inspected to comply with—

(1) The regulations in effect untilMarch 15, 1996 (46 CFR subchapter I orsubchapter T), as appropriate, as theyexisted at the time of construction; or

(2) The regulations in this subchapter.(c) Each OSV permitted

grandfathering under paragraph (b)(1) ofthis section must complete constructionand have a Certificate of Inspection byMarch 16, 1998.

(d) Certain regulations in thissubchapter apply only to limitedcategories of OSVs. Specific statementsof applicability appear at the beginningof those regulations.

Note: Navigation and Vessel InspectionCircular 8–91, ‘‘Initial and SubsequentInspection of Uncertificated ExistingOffshore Supply Vessels, IncludingLiftboats’’, contains guidance on how toapply the regulations in 46 CFR subchaptersI and T to OSVs.

§ 125.110 Carriage of flammable orcombustible liquid cargoes in bulk.

(a) Except as provided by this section,no OSV may carry flammable orcombustible liquid cargoes in bulkwithout the approval of theCommandant (G–MMS).

(b) An OSV may carry the followingin integral tanks:

(1) Grade-D combustible liquids listedby § 30.25–1 of this chapter, inquantities not to exceed 20 percent ofthe vessel’s deadweight; except that thevessel may carry drilling fluids andexcess fuel oil, Grade-E as well asGrade-D, without limit.

(2) Grade-E combustible liquids listedby § 30.25–1 of this chapter, inquantities not to exceed 20 percent ofthe vessel’s deadweight; except that thevessel may carry drilling fluids andexcess fuel oil, Grade-D as well asGrade-E, without limit.

(c) An OSV may carry the followingin fixed independent tanks on deck:

Grade-B and lower-grade fammableand combustible liquids listed by§ 30.25–1 of this chapter, in quantitiesnot to exceed 20 percent of the vessel’sdeadweight.

(d) An OSV may carry hazardousmaterials in portable tanks, incompliance with part 64 and subpart98.30 of this chapter. A po5 portabletank may be filled or discharged aboardthe vessel if authorized by anendorsement on the vessel’s Certificateof Inspection.

§ 125.120 Carriage of noxious liquidsubstances in bulk.

(a) Except as provided by this section,no OSV may carry a noxious liquidsubstance (NLS) in bulk without theapproval of the Commandant (G–MMS).

(b) An OSV may carry in integral andfixed independent tanks NLSs listed by§ 153.2 of this chapter, in quantities notto exceed 20 percent of the vessel’sdeadweight.

(c) An OSV carrying NLSs in bulk inintegral tanks or fixed independenttanks must—

(1) Meet the definition of oceangoingin 33 CFR 151.05(j);

(2) Have a Certificate of Inspection orNLS Certificate (issued by the CoastGuard) endorsed with the name of theNLS cargo; and

(3) Have the Cargo Record Bookprescribed in § 153.490(a)(1) of thischapter.

(d) An OSV that does not meet theequipment requirements in §§ 153.470through 153.491 of this chapter may notdischarge NLS residues to the sea. Thevessel’s Certificate of Inspection or NLSCertificate will contain this restriction.

(e) An OSV that discharges NLSresidue to the sea must meet—

(1) The equipment requirements in§§ 153.470 through 153.491 of thischapter; and

(2) The operating requirements in§§ 153.901, 153.903, 153.909, and153.1100 of this chapter.

§ 125.130 Carriage of packaged hazardousmaterials.

An OSV may carry packagedhazardous materials, or hazardousmaterials in portable tanks, if thematerials are prepared, loaded, andstowed in compliance with 49 CFR parts171–179.

§ 125.140 Loadlines.Each OSV subject to assignment,

certification, and marking of loadlinesunder subchapter E of this chapter mustcomply with subchapter E as well aswith this subchapter.

§ 125.150 Lifesaving systems.Lifesaving appliances and

arrangements must comply with part133 of this subchapter.

§ 125.160 Definitions.Each term defined elsewhere in this

chapter for a particular class of vesselapplies to this part unless a differentdefinition is given in this section. Asused by this subchapter:

Accommodation includes at least thefollowing:

(1) A space used as a messroom.(2) A lounge.(3) A sitting area.

(4) A recreation room.(5) Quarters.(6) A toilet space.(7) A shower room.Approved means approved by the

Commandant, unless otherwise defined.Bulkhead deck means the uppermost

deck to which transverse watertightbulkheads and the watertight shellextend.

Coast Guard District Commander orDistrict Commander means an officer ofthe Coast Guard designated by theCommandant to command activities ofthe Coast Guard within a Coast Guarddistrict described by 33 CFR part 3,whose duties include the inspection,enforcement, and administration of lawsfor the safety and navigation of vessels.

Coastwise refers to a route not morethan 20 nautical miles offshore on anyof the following waters:

(1) Any ocean.(2) The Gulf of Mexico.(3) The Caribbean Sea.(4) The Gulf of Alaska.(5) The Bering Sea.(6) Such other, similar waters as may

be designated by the DistrictCommander.

Combustible liquid means the same asin § 30.10 of this chapter.

Commandant means the Commandantof the Coast Guard or an authorized staffofficer at Coast Guard headquartersdesignated by § 1.01 of this chapter.

Commanding Officer, Marine SafetyCenter, means an officer of the CoastGuard designated by the Commandantto command activities of the CoastGuard within the Marine Safety Center,whose duties include review of plansfor commercial vessels to ensurecompliance with applicable laws andstandards.

Crane includes at least masts, stays,booms, winches, and standing andrunning gear that form a part of thefixed shipboard equipment used in thelifting and moving of other equipmentand supplies of the vessel.

Damp or wet space includes at least:(1) A space exposed to the weather.(2) A machinery space.(3) A cargo space.(4) A space within a galley, within a

laundry, or within a public washroomor toilet room that has a bath or shower,if the space is normally exposed tosplashing, water wash down, or othermoisture.

(5) A space directly inside an accessdoor to a weather deck unless the accessdoor is protected against rain or sprayby an overhanging deck or by othermeans.

(6) Other spaces with similar moisturelevels.


Deadweight means, when measured inwater of specific gravity 1.025, thedifference in long tons between—

(1) The displacement of the vessel oneven trim at ‘‘lightweight’’ as defined bysubpart F of part 170 of this chapter;and

(2) The displacement of the vessel oneven trim at the deepest load waterline.

Flammable liquid means the same asin § 30.10.22 of this chapter.

Gas-free means free from dangerousconcentrations of flammable or toxicgases.

Hazardous material means the sameas in § 153.2 of this chapter.

International voyage means a voyagebetween a country to which theInternational Convention for the Safetyof Life at Sea, 1974, as amended(SOLAS 74/83) applies and a portoutside that country.

Jacking system means any type ofmechanical (including hydraulic) orelectrical system used for elevating aliftboat.

Length, relative to a vessel, means thelength listed on the vessel’s certificate ofdocumentation or the ‘‘registeredlength’’ as defined by § 69.53 of thischapter.

Liftboat means an OSV with movablelegs capable of raising its hull above thesurface of the sea.

Marine inspector means any personauthorized by the Officer in Charge,Marine Inspection, to perform dutiesconcerning the inspection, enforcement,and administration of laws for the safetyand navigation of vessels.

Noxious liquid substance or NLSmeans the same as in § 153.2 of thischapter.

Ocean refers to a route more than 20nautical miles offshore on any of thefollowing waters:

(1) Any ocean.(2) The Gulf of Mexico.(3) The Caribbean Sea.(4) The Gulf of Alaska.(5) The Bering Sea.(6) Such other, similar waters as may

be designated by the DistrictCommander.

Officer in Charge, Marine Inspection,or OCMI, means any person of the CoastGuard so designated by theCommandant, to be in charge of aninspection zone for the performance ofduties concerning the inspection,enforcement, and administration of lawsfor the safety and navigation of vessels.

Offshore supply vessel or OSV meansa vessel that—

(1) Is propelled by machinery otherthan steam;

(2) Does not meet the definition of apassenger-carrying vessel in 46 U.S.C.2101(22) or 46 U.S.C. 2101(35);

(3) Is more than 15 but less than 500gross tons; and

(4) Regularly carries goods, supplies,individuals in addition to the crew, orequipment in support of exploration,exploitation, or production of offshoremineral or energy resources.

Offshore worker means a personcarried aboard an OSV and employed ina phase of exploration, exploitation, orproduction of offshore mineral or energyresources served by the vessel, but doesnot include the master, or a member ofthe crew, engaged in the business of thevessel, who has contributed noconsideration for carriage aboard and ispaid for services aboard.

Quarters means any space wheresleeping accommodations are provided.

Restricted service means service inareas within 12 hours of a harbor of saferefuge or in areas where a liftboat maybe jacked up to meet the 100-knot-windsevere-storm criteria of § 174.255(c) ofthis chapter.

§ 125.170 Equivalents.

A substitution for fittings, materials,equipment, arrangements, calculations,information, or tests required by thissubchapter may be accepted by theOCMI; by the Commanding Officer,Marine Safety Center; by the DistrictCommander; or by the Commandant, ifthe substitution provides an equivalentlevel of safety.

§ 125.180 Incorporation by reference.

(a) Certain materials are incorporatedby reference into this subchapter withthe approval of the Director of theFederal Register in compliance with 5U.S.C. 552(a). To enforce any editionother than the one listed in paragraph(b) of this section, the Coast Guard mustpublish notice of change in the FederalRegister and make the material availableto the public. All approved materials areon file at the Office of the FederalRegister, Suite 700, 800 North CapitolStreet NW., Washington, DC 20408, andat the U.S. Coast Guard, MerchantVessel Inspection and DocumentationDivision, 2100 Second Street SW.,Washington, DC 20593–0001, and areavailable from the sources indicated inparagraph (b) of this section.

(b) The materials approved forincorporation by reference in thissubchapter, and the sections affected,are:American Bureau of Shipping (ABS), Two

World-Trade Center, 106th Floor, NewYork, NY 10048

Rules for Building and Classing SteelVessels Under 61 Meters (200 Ft) inLength (1983)—§ 127.210

Rules for Building and Classing SteelVessels (1995)—§ 127.210, § 129.360

Rules for Building and Classing AluminumVessels (1975)—§ 127.210

Rules for Building and Classing MobileOffshore Drilling Units (1994)—§ 133.140, § 133.150

American National Standards Institute(ANSI), 11 West 42nd St., New York, NY10036

B 31.1–1986—Code for Pressure Piping,Power Piping—§ 128.240

Z 26.1–1977 (including 1980Supplement)—Safety Code for SafetyGlazing Materials for Glazing MotorVehicles Operating on Land Highways—§ 127.430

American Society of Mechanical Engineers(ASME), 345 East 47th St., New York,NY 10027

Boiler and Pressure Vessel Code Section I,Power Boilers, July 1989 with 1989addenda—§ 128.240

American Society for Testing and Materials(ASTM), 1916 Race St., Philadelphia, PA19103

D93–80—Standard Test Methods for FlashPoint by Pensky-Martens Closed Tester—§ 128.310

American Yacht and Boat Council, Inc.(AYBC), 3069 Solomon’s Island Rd.,Edgewater, MD 21037–1416

A–3–1993—Galley Stoves—§ 129.550A–7–1970—Recommended Practices and

Standards Covering Boat HeatingSystems—§ 129.550

E–1–1972—Bonding of Direct-CurrentSystems—§ 129.120

E–8–1994—Alternating-Current (AC)Electrical Systems on Boats—§ 129.120

E–9–1990—Direct-Current (DC) ElectricalSystems on Boats—§ 129.120

Institute of Electrical and ElectronicsEngineers (IEEE), 345 E. 47th St., NewYork, NY 10017

No. 45–1977—Recommended Practice forElectric Installations on Shipboard—§ 129.340

International Maritime Organization (IMO),Publications Section, 4 AlbertEmbankment, London SE1 7SR, England

Resolution A.658(16), ‘‘Use and Fitting ofRetro-Reflective Materials on LifesavingAppliances’’, dated November 20,1989—§ 131.855, § 131.875

Resolution A.760(18), ‘‘Symbols Related toLife-Saving Appliances andArrangements’’, dated November 17,1993—§ 131.875

International Convention for the Safety ofLife at Sea (SOLAS), ConsolidatedEdition, 1992—§ 126.170

National Fire Protection Association (NFPA),1 Batterymarch Park, Quincy, MA02269–9101

NFPA 70—National Electrical Code, 1993Edition—§ 129.320, § 129.340, § 129.370

NFPA 306—Control of Gas Hazards onVessels, 1993 Edition—§ 126.160

NFPA 1963—Fire Hose Connections, 1993Edition—§ 132.130

NFPA 10—Standard for Portable FireExtinguishers, 1994 Edition—§ 132.350

NFPA 302—Fire Protection Standard forPleasure and Commercial Motor Craft,1994 Edition—§ 129.550

Underwriters Laboratories, Inc. (UL), 333Pfingsten Rd., Northbrook, IL 60062


UL 19–1992—Lined Fire Hose and HoseAssemblies—§ 132.130

UL 486A–1992—Wire Connectors andSoldering Lugs for Use with CopperConductors—§ 129.340

UL 489–1995—Molded-Case CircuitBreakers and Circuit-BreakerEnclosures—§ 129.380

UL 57–1976—Electric Lighting Fixtures—§ 129.410

UL 595–1991—Marine-Type ElectricLighting Fixtures—§ 129.410

UL 1570–1995—Fluorescent LightingFixtures—§ 129.410

UL 1571–1995—Incandescent LightingFixtures—§ 129.410

UL 1572–1995—High Intensity DischargeLighting Fixtures—§ 129.410

UL 1573–1995—Stage and Studio LightingUnits—§ 129.410

UL 1574–1995—Track Lighting Systems—§ 129.410

§ 125.190 Right of appeal.

Any person directly affected by adecision of action taken under this part,by or on behalf of the Coast Guard, mayappeal from the decision or action incompliance with subpart 1.03 of thischapter.

PART 126—INSPECTION ANDCERTIFICATION

Subpart A—General

Sec.126.100 Inspector not limited.126.110 Inspection after accident.126.120 Permit to proceed to another port

for repairs.126.130 Cranes.126.140 Drydocking.126.150 Repairs and alterations.126.160 Tests and inspections during

repairs or alterations, or during riveting,(welding), burning, or other hot work.

126.170 Charriage of offshore workers.126.180 Carriage of passengers.

Subpart B—Certificate of Inspection

126.210 When required.126.220 Description.126.230 How to obtain or renew.126.240 Posting.126.250 Period of validity.126.260 Temporary Certificate.126.270 Amendment.

Subpart C—Initial Inspection

126.310 Prerequisite to Certificate ofInspection.

126.320 When made.126.330 Plans.126.340 Scope.126.350 Specific tests and inspections.

Subpart D—Inspection for Certification

126.410 Prerequisite to reissuance ofCertificate of Inspection.

126.420 When made.126.430 Scope.126.440 Lifesaving equipment.126.450 Fire-extinguishing equipment.126.460 Tanks for dry bulk cargo.126.470 Marine-engineering systems.

Subpart E—Reinspection

126.510 When made.126.520 Scope.126.530 Alternative midperiod

examination.Authority: 46 U.S.C. 3306; 33 U.S.C.

1321(j); E.O. 11735, 38 FR 21243, 3 CFR1971–1975 Comp., p. 793; 49 CFR 1.46.

Subpart A—General

§ 126.100 Inspector not limited.

The marine inspector may at any timerequire that an OSV and its equipmentmeet any test or inspection deemednecessary to determine whether thevessel is suitable for its intendedservice.

§ 126.110 Inspection after accident.

(a) The owner or operator of an OSVshall make the vessel available forinspection by a marine inspector—

(1) Each time an accident occurs, ora defect is discovered that affects—

(i) The safety of the vessel; or(ii) The effectiveness or completeness

of its lifesaving, fire-fighting, or otherequipment; or

(2) Whenever any important repairs orrenewals are made.

(b) The inspection is to determine—(1) What repairs or renewals must be

made;(2) That the material and

workmanship used to accomplish therepairs or renewals are satisfactory; and

(3) That the OSV complies with thissubchapter.

§ 126.120 Permit to proceed to anotherport for repairs.

(a) When an OSV fails to comply withits Certificate of Inspection or with thissubchapter, the OCMI may let the vesselproceed to another port for repairs if inthe judgment of the OCMI the vessel cancomplete the trip safely even though theCertificate has expired or is about toexpire.

(b) A ‘‘Permit to Proceed to anotherPort for Repairs’’, Form CG–948, will beissued by the OCMI to the owner,operator, or master of the OSV andstates the conditions under which thevessel may proceed to another port. ThePermit will be issued only upon thewritten application of the owner,operator, or master, and only after thesurrender of the vessel’s Certificate ofInspection to the OCMI.

(c) The Permit will state on its facethe conditions under which it is issuedand whether the OSV may carry cargo,goods, supplies, equipment, or offshoreworkers.

(d) The Permit must be readilyavailable aboard the OSV.

§ 126.130 Cranes.

(a) Except as provided by paragraph(b) of this section, cranes, if installed,must comply with §§ 107.258—107.260,108.601, 109.437, 109.439, 109.521,109.525, and 109.527of this chapter.

(b) The manufacturer of a crane mayhave tests and inspections conducted incompliance with § 107.259 of thischapter, if the surveyor conductingthem for the ABS or the InternationalCargo Gear Bureau certifies theirconduct as required by § 107.259(c) ofthis chapter.

§ 126.140 Drydocking.

(a) Unless on one or more extensionsauthorized by the Commandant (G–MCO), each OSV must be placed indrydock or hauled out for examinationtwice each five years with no intervalbetween examinations exceeding threeyears.

(b) The owner or operator shall notifythe OCMI whenever the OSV isdrydocked for any reason. The OCMI,upon notification, will determinewhether to assign a marine inspector toexamine the underwater hull of thevessel.

(c) The internal structural members ofan OSV must be examined at the sameintervals required for drydocking byparagraph (a) of this section.

(d) At each drydocking required byparagraph (a) of this section, for an OSVof 100 or more gross tons, a tailshaftsurvey must be conducted as requiredby § 61.20–15 of this chapter.

(e) At each drydocking required byparagraph (a) of this section, for an OSVof less than 100 gross tons, the propelleror tailshaft must be drawn forexamination if the OCMI deems drawingit necessary.

§ 126.150 Repairs and alterations.

(a) Except in an emergency, no repairsor alterations to the hull or machinery,or to equipment that affects the safety ofthe OSV, may be made without noticeto the OCMI in the inspection zonewhere the repairs or alterations are to bemade. When the repairs or alterationshave been made, notice must be givento that OCMI as soon as practicable.

(b) When emergency repairs oralterations have been made as permittedunder paragraph (a) of this section, themaster, owner, or operator must notifythe OCMI as soon as practicable afterthe emergency.

(c) Except as provided by paragraphs(b) and (e) of this section, drawings ofrepairs or alterations must be approved,before work starts, by the OCMI or,when necessary, by the CommandingOfficer, Marine Safety Center.


(d) When the OCMI deems inspectionnecessary, the repairs or alterationsmust be inspected by a marineinspector.

(e) Submission of drawings is notrequired for repairs in kind, but theapplicable drawings approved undersubpart A of part 127 of this subchaptermust be made available to the marineinspector upon request.

§ 126.160 Tests and inspections duringrepairs or alterations, or during riveting,welding, burning, or other hot work.

(a) NFPA 306 must be used as a guidein conducting the examinations andissuances of certificates required by thissection.

(b) Until an examination hasdetermined that work can proceedsafely, no riveting, welding, burning, orother hot work can commence.

(c) Each examination must beconducted as follows:

(1) At any port or site inside of theUnited States or its territories andpossessions, a marine chemist certifiedby the NFPA must make theexamination. If the services of such achemist are not reasonably available, theOCMI, upon the recommendation of thecontractor and the owner or operator ofthe OSV, may authorize another personto make the examination. If thisindicates that a repair or alteration, orhot work, can be undertaken safely, theperson performing the examinationshall issue a certificate, setting forth thespaces covered and any necessaryconditions to be met, before the workstarts. The conditions to be met mustinclude any requirements necessary tomaintain safe conditions in the spacescovered and must include any necessaryfurther examinations and certificates. Inparticular the conditions to be met mustinclude precautions necessary toeliminate or minimize hazards causedby protective coatings or by cargoresidues.

(2) At any port or site outside of theUnited States or its territories andpossessions, where the services of acertified marine chemist or other personauthorized by the OCMI are notreasonably available, the master, owner,or operator of the vessel shall make theexamination and a proper entry in theOSV’s logbook.

(d) The master shall obtain a copy ofeach certificate issued by the personmaking the examination described inparagraph (c)(1) of this section. Themaster, through and for the personsunder his control, shall maintain safeconditions aboard the OSV by fullobservance of each condition to be met,listed in the certificate issued underparagraph (c)(1) of this section.

§ 126.170 Carriage of offshore workers.

(a) Offshore workers may be carriedaboard an OSV in compliance with thissubchapter. The maximum number ofoffshore workers authorized for carriagewill be endorsed on the vessel’sCertificate of Inspection; but in no casewill the number of offshore workersauthorized for carriage exceed 36.

(b) No more than 12 offshore workersmay be carried aboard an OSVcertificated under this subchapter whenon an international voyage, unless thevessel holds a valid passenger-ship-safety certificate (Form CG–968) issuedin compliance with the InternationalConvention for the Safety of Life at Sea,1974, as amended (SOLAS 74/83).

§ 126.180 Carriage of passengers.

No passengers as defined by 46 U.S.C.2101(21)(B) may be carried aboard anOSV except in an emergency.

Subpart B—Certificate of Inspection

§ 126.210 When required.

Except as provided by §§ 126.120 and126.260, no OSV may be operatedwithout a valid Certificate of Inspection.

§ 126.220 Description.

The Certificate of Inspection issued toan OSV specifies the vessel, the route itmay travel, the minimum manning itrequires, the maximum fire-extinguishing and lifesaving equipmentit must carry, the maximum number ofoffshore workers and of total persons itmay carry, the name of its owner andoperator, and such other conditions asthe OCMI may determine.

§ 126.230 How to obtain or renew.

(a) A builder, owner, master, oroperator may begin to obtain or to renewa Certificate of Inspection by submittingan ‘‘Application for Inspection of U.S.Vessel,’’ Form CG–3752, to the OCMI ofthe marine inspection zone in which theinspection is to be made. Form CG–3752is available from any Marine Safety orMarine Inspection Office of the U.S.Coast Guard.

(b) The application for initialinspection of an OSV being newlyconstructed or converted must besubmitted before the start ofconstruction or conversion.

(c) The construction, arrangement,and equipment of each OSV must beacceptable to the OCMI for the issuanceof the initial Certificate of Inspection.Acceptance depends on the information,specifications, drawings, andcalculations available to the OCMI, andon the successful completion of theinitial inspection for certification.

(d) A Certificate of Inspection isrenewed by the issuance of a newCertificate of Inspection.

(e) The condition of the OSV and itsequipment must be acceptable to theOCMI for the renewal of the Certificateof Inspection. Acceptance depends onthe condition of the vessel as found atthe periodic inspection for certification.

§ 126.240 Posting.

The Certificate of Inspection must beframed under glass or other suitabletransparent material and posted in aconspicuous place aboard the OSV sothat each page is visible.

§ 126.250 Period of validity.

(a) A Certificate of Inspection is validfor two years.

(b) A Certificate of Inspection may besuspended and withdrawn or revokedby the cognizant OCMI at any time fornoncompliance with the requirementsof this subchapter or other applicablelaws.

§ 126.260 Temporary Certificate.

If necessary to prevent delay of theOSV, a ‘‘Temporary Certificate ofInspection,’’ Form CG–854, containinginformation listed by § 126.220, may beissued pending the issuance anddelivery of the regular Certificate ofInspection. A temporary Certificatemust be carried in the same manner asthe regular Certificate.

§ 126.270 Amendment.

(a) An amended Certificate ofInspection may be issued at any time byany OCMI. The amended Certificate ofInspection replaces the original, but theexpiration date remains the same as thatof the original. An amended Certificateof Inspection may be issued to authorizeand record a change in the dimensions,gross tonnage, owner, operator,manning, offshore workers permitted,route permitted, conditions ofoperations, equipment of an OSV, or thelike from that specified in the currentCertificate of Inspection.

(b) A request for an amendedCertificate of Inspection must be madeto the cognizant OCMI by the owner oroperator of the OSV at any time there isa change in the character of an OSV orin its route, equipment, ownership,operation, or similar factors specified inits current Certificate of Inspection.

(c) The OCMI may require aninspection before issuing an amendedCertificate of Inspection.


Subpart C—Initial Inspection

§ 126.310 Prerequisite to Certificate ofInspection.

The initial inspection is a prerequisiteto the issuance of the original Certificateof Inspection.

§ 126.320 When made.(a) No initial inspection occurs until

after receipt of the written application ofthe owner or builder of the OSV to theOCMI in whose zone the vessel islocated. The application must be onForm CG–3752, ‘‘Application forInspection of U.S. Vessel.’’

(b) The initial inspection occurs at atime and place agreed to by the partyrequesting the inspection and by theOCMI. The owner or the builder, or arepresentative of either, must be presentduring the inspection.

§ 126.330 Plans.Before construction starts, the owner,

operator, or builder shall develop plansindicating the proposed arrangementand construction of the OSV. (The listof plans to be developed and therequired disposition of these plansappears in part 127 of this subchapter.)

§ 126.340 Scope.The initial inspection normally

consists of a series of inspectionsconducted during the construction ofthe OSV. This inspection determineswhether the vessel was built to complywith developed plans and incompliance with applicable law. Itemsnormally included in this inspection areall the items listed in § 126.430 ofsubpart D of this part, and in additionthe marine inspector verifies that thearrangement of the vessel conforms tothe approved plans, that acceptablematerial is used in the construction ofthe vessel, and that the workmanshipmeets required standards for marineconstruction. The owner or builder shallmake the vessel available for inspectionat each stage of construction specifiedby the OCMI.

§ 126.350 Specific tests and inspections.(a) The applicable tests and

inspections set forth in subpart D of thispart must be made during the initialinspection.

(b) The following specific tests andinspections must also be conducted inthe presence of the marine inspector:

(1) Installation of piping for gaseousfixed fire-extinguishing (see § 95.15–15of this chapter).

(2) Hydraulic-helm steering-systems.These systems must be tested in themanual mode, with the hydraulicpumps secured, for smooth, efficientoperation by one person.

(3) Installation tests and inspectionsof lifeboats, rescue boats, davits, andwinches under subpart 94.35 of thischapter.

Subpart D—Inspection for Certification

§ 126.410 Prerequisite to reissuance ofCertificate of Inspection.

An inspection for certification is aprerequisite to the reissuance of aCertificate of Inspection.

§ 126.420 When made.

No inspection for certification occursuntil after receipt of the writtenapplication of the owner, builder,master, or operator of the OSV by theOCMI in whose zone the vessel islocated. The application must be on the‘‘Application for Inspection of U.S.Vessel’’, Form CG–3752.

§ 126.430 Scope.

The inspection for certification ismade by a marine inspector todetermine whether the OSV is insatisfactory condition and fit for itsintended service. The owner or buildershall make the vessel and its equipmentavailable for inspection, including thefollowing items:

(a) Structure.(b) Watertight integrity.(c) Pressure vessels and their

appurtenances.(d) Piping.(e) Main and auxiliary machinery.(f) Steering apparatus.(g) Electrical installations.(h) Lifesaving equipment.(i) Work vests.(j) Fire-detecting and fire-

extinguishing equipment.(k) Pollution-prevention equipment.(l) Sanitary condition.(m) Fire hazards.(n) Verification of validity of

certificates required and issued by theFederal Communications Commission.

(o) Lights and signals as required bythe applicable navigational rules.

(p) Tests and inspections of cranes incompliance with § 126.130.

§ 126.440 Lifesaving equipment.

At each inspection for certification,the tests and inspections specified by§ 91.25–15 of this chapter must occur inthe presence of a marine inspector, or asotherwise directed by the OCMI.

§ 126.450 Fire-extinguishing equipment.

At each inspection for certificationthe marine inspector determineswhether the tests and inspectionsrequired by § 132.350 of this subchapterhave been performed.

§ 126.460 Tanks for dry bulk cargo.The owner shall ensure that tanks for

dry bulk cargo that are pressure vesselsare inspected for compliance with§ 61.10–5(b) of this chapter.

§ 126.470 Marine-engineering systems.The inspection procedures for marine-

engineering systems contained insubchapter F of this chapter apply.

Subpart E—Reinspection

§ 126.510 When made.(a) Except as provided by § 126.530 of

this subpart, at least one reinspectionmust be made of each OSV holding aCertificate of Inspection. The owner,master, or operator shall arrange for thereinspection between the tenth andfourteenth months of the period forwhich the Certificate of Inspection isvalid.

(b) The owner, master, or operatorshall make the vessel available for thereinspection at a time and placeacceptable to the OCMI, but no writtenapplication is necessary.

§ 126.520 Scope.In general, the reinspection goes into

less detail than that described by§ 126.430 of this part for the inspectionfor certification, unless the OCMI ormarine inspector determines that amajor change has occurred since the lastinspection.

§ 126.530 Alternative midperiodexamination.

(a) The owner, master, or operator ofan OSV of less than 400 gross tons,except a liftboat, may ask the cognizantOCMI to arrange an alternativemidperiod examination. The requestmust go to the OCMI assignedresponsibility for inspections in thecountry in which the vessel is operatingand will be examined. To qualify for thealternative midperiod examination, thevessel must meet the followingrequirements:

(1) The request must be in writing andbe received by the OCMI before the endof the twelfth month of the period forwhich the Certificate of Inspection isvalid.

(2) The vessel is likely to becontinuously employed outside of theUnited States during the tenth throughthe fourteenth month of validity of itsCertificate of Inspection.

(b) In determining whether toauthorize the alternative midperiodexamination, the OCMI considers thefollowing:

(1) Information contained in previousexamination reports on inspection anddrydock, including therecommendation, if any, of the OCMI for


participation in the alternativemidperiod examination.

(2) The nature, number, and severityof marine casualties or accidents, asdefined by § 4.03–1 of this chapter,involving the OSV in the three yearspreceding the request.

(3) The nature, number, and gravity ofany outstanding inspectionrequirements for the vessel.

(4) The owner’s or operator’s historyof compliance and cooperation in suchalternative midperiod examinations,including:

(i) The prompt correction ofdeficiencies.

(ii) The reliability of previouslysubmitted reports on such alternativemidperiod examinations.

(iii) The reliability of representationsthat the vessel would be, and was,employed outside of the United Statesfor the tenth through the fourteenthmonth of validity of its Certificate ofInspection.

(c) The OCMI provides the applicantwith written authorization, if any, toproceed with the alternative midperiodexamination, including, whenappropriate, special instructions.

(d) The following conditions must bemet for the alternative midperiodexamination to be accepted instead ofthe reinspection required by § 126.510of this subpart:

(1) The alternative midperiodexamination must occur between thetenth and fourteenth months of validityof the Certificate of Inspection.

(2) The reinspection must be of thescope detailed by § 126.520 of thissubpart and must be made by themaster, owner, or operator of the OSV,or by a designated representative of theowner or operator.

(3) Upon completion of the alternativemidperiod examination, the person orpersons making the examination shallprepare a comprehensive reportdescribing the conditions found. Thisreport must contain sufficient detail tolet the OCMI determine whether thevessel is fit for the service and routespecified on the Certificate ofInspection. This report must includesubsidiary reports and receiptsdocumenting the servicing of lifesavingand fire-protection equipment, and anyphotographs or sketches necessary toclarify unusual circumstances. Eachperson preparing this report shall sign itand certify that the information in it iscomplete and accurate.

(4) Unless the master of the vesselparticipated in the alternativemidperiod examination and thepreparation of the comprehensivereport, the master shall review thereport for completeness and accuracy.

The master shall sign the report toindicate review and shall forward it tothe owner or operator of the vessel, whoasked for the examination.

(5) The owner or operator of a vesselexamined under this section shallreview and submit the comprehensivereport, required by paragraph (d)(3) ofthis section, to the OCMI. The reportmust reach the OCMI before the first dayof the sixteenth month of validity of theCertificate of Inspection. The forwardingletter or endorsement must be certifiedand must contain the followinginformation:

(i) That the person or persons whomade the alternative midperiodexamination acted on behalf of thevessel’s owner or operator.

(ii) That the report was reviewed bythe owner or operator.

(iii) That the discrepancies notedduring the reinspection have beencorrected, or will be within a statedtime.

(iv) That the owner or operator hassufficient personal knowledge ofconditions aboard the vessel at the timeof the reinspection, or has conductedinquiries necessary, to justify forming abelief that the report is complete andaccurate.

(e) The form of certification requiredunder this section, for the alternativemidperiod examination, is as follows:

I certify that to the best of my knowledgeand belief the above is complete andaccurate.

(f) Deficiencies and hazardsdiscovered during the alternativemidperiod examination made pursuantto this section must be corrected ifpracticable, before the submittal of thereport to the OCMI in compliance withparagraph (d)(5) of this section.Deficiencies and hazards not correctedby the time the report is submitted mustbe noted in the report as ‘‘outstanding.’’Upon receipt of a report indicating anyoutstanding deficiency or hazard, theOCMI will inform the owner or operatorof the OSV in writing of the timeallowed to correct each deficiency andhazard and of the method forestablishing that each has beencorrected. When any deficiency orhazard remains uncorrected oruneliminated after this time allowed,the OCMI will initiate appropriateenforcement.

(g) Upon receipt of the report, theOCMI will evaluate it and determine:

(1) Whether the OCMI accepts thealternative midperiod examinationinstead of the reinspection required by§ 126.510 of this subpart.

(2) Whether the OSV is in satisfactorycondition.

(3) Whether the vessel continues to bereasonably fit for its intended serviceand route.

(h) The OCMI may require furtherinformation necessary for thedeterminations required by this section.The OCMI will inform the owner oroperator of the OSV in writing of thesedeterminations.

(i) If the OCMI, in compliance withparagraph (g) of this section, does notaccept the alternative midperiodexamination instead of the reinspectionrequired by § 126.510 of this subpart,the OCMI will require reinspection ofthe OSV as soon as practicable. TheOCMI will inform the owner or operatorof the OSV in writing that theexamination is not acceptable and thata reinspection is necessary. The owner,master, or operator shall make the vesselavailable for the reinspection at a timeand place agreeable to the OCMI.

PART 127—CONSTRUCTION ANDARRANGEMENTS

Subpart A—Plan Approval

Sec.127.100 General.127.110 Plans and specifications required

for new construction.127.120 Procedure for submittal of plans.

Subpart B—Particular Construction andArrangements

127.210 Structural standards.127.220 General fire protection.127.230 Subdivision and stability.127.240 Means of escape.127.250 Ventilation for enclosed spaces.127.260 Ventilation for accommodations.127.270 Location of accommodations and

pilothouse.127.280 Construction and arrangement of

quarters for crew members andaccommodations for offshore workers.

Subpart C—Rails and Guards

127.310 Where rails required.127.320 Storm rails.127.330 Guards in dangerous places.

Subpart D—Construction of Windows,Visibility, and Operability of Coverings

127.410 Safety-glazing materials.127.420 Strength.127.430 Visibility from pilothouse.127.440 Operability of window coverings.

Authority: 46 U.S.C. 3306; 49 CFR 1.46.

Subpart A—Plan Approval

§ 127.100 General.

Plans listed by § 127.110 of thissubpart must be submitted for approvalafter the owner or builder applies forinspection in compliance with § 126.320of this subchapter.


§ 127.110 Plans and specificationsrequired for new construction.

Each applicant for approval of plansand for an original Certificate ofInspection must submit three copies ofthe following:

(a) General.(1) Specifications.(2) General Arrangement Plans.(3) Safety Plan (Fire-Control Plan).(4) Lifesaving-Equipment Plan.(b) Hull structure.(1) Midship Section.(2) Booklet of Scantling Plans.(3) Arrangement of Ports, Doors, and

Air ports.(4) Hatch Coamings and Covers in

Weather Decks and Watertight Decks.(5) Scuppers and Drains Penetrating

Shell-Plating.(6) Booklet of Standard Details.(c) Subdivision and stability. (For

plans required for subdivision andstability, see subchapter S of thischapter.)

(d) Marine engineering.(1) Piping diagrams of each Class I

systems.(2) Piping diagrams of the following

Class II systems (the builder’scertification of Class II non-vital pipingsystems must accompany the pipingdiagrams in compliance with§ 128.220(c) of this subchapter):

(i) Systems for fill, transfer, andservice of fuel oil.

(ii) Fire-main and fixed gaseous fire-extinguishing systems.

(iii) Bilge systems.(iv) Ballast systems.(v) Fluid-driven power and control

systems.(vi) Through-hull penetrations and

shell connections.(vii) Sanitary systems.(viii) Vents, sounding tubes, and

overflows.(ix) Compressed-air systems.(3) Steering and steering-control

systems.(4) Propulsion and propulsion-control

systems.(5) Piping diagrams of each system

containing any flammable, combustible,or hazardous liquid including—

(i) Cargo-oil systems;(ii) Systems for combustible drilling-

fluid (such as oil-based liquid mud);and

(iii) Cargo-transfer systems for fixedindependent or portable tanks.

(e) Electrical engineering.(1) For each OSV of less than 100

gross tons, the following plans must besubmitted:

(i) Arrangement of electricalequipment (plan and profile) withequipment identified as necessary toshow compliance with this subchapter.

(ii) Electrical one-line diagram thatincludes wire types and sizes,overcurrent-device rating and setting,and type of electrical-equipmentenclosure (drip-proof, watertight, or thelike).

(iii) Switchboard plans required byparagraphs (e) and (f) of § 110.25–1 ofthis chapter.

(2) For each vessel of 100 or moregross tons, the plans required by§ 110.25 of this chapter must besubmitted.

(f) Automation. For each OSV of 100or more gross tons, where automatedsystems are provided to replace specificpersonnel in the control and observationof the propulsion systems andmachinery spaces, or to reduce the levelof crew associated with the enginedepartment, the following plans must besubmitted:

(1) Plans necessary to demonstratecompliance with subpart D of part 130of this subchapter.

(2) Automation-test procedure.(3) Operations manual.

§ 127.120 Procedure for submittal of plans.If an OSV is to be constructed, altered,

or repaired in the United States, theplans, information, and calculationsrequired by this part must be submittedto—

(a) The OCMI in the zone where thevessel is to be constructed, altered, orrepaired; or

(b) The Commanding Officer, MarineSafety Center, 400 Seventh Street SW.,Washington, DC 20590–0001.

Subpart B—Particular Constructionand Arrangements

§ 127.210 Structural standards.(a) Except as provided by paragraphs

(b) and (c) of this section, compliancewith the construction and structuralrules established by the ABS andincorporated by reference in § 125.180 isacceptable for the design andconstruction of an OSV.

(b) The standard of any classificationsociety, or any other establishedstandard, acceptable to theCommandant (G–MMS) may be used.

(c) If no established standard fordesign is used, detailed designcalculations must be submitted with theplans required by § 127.110 of this part.

(d) The plans required by § 127.110 ofthis part should specify their standardfor design.

§ 127.220 General fire protection.(a) Each OSV must be designed and

constructed to minimize fire hazards, asfar as reasonable and practicable.

(b) Exhausts of internal-combustionengines, galley uptakes, and similar

sources of ignition must be kept clear ofand insulated from woodwork and othercombustible matter.

(c) Paint lockers and similarcompartments must be constructed ofsteel or be wholly lined with steel.

(d) Except as provided by paragraph(e) of this section, when a compartmentcontaining the emergency source ofelectric power, or vital components ofthat source, adjoins a space containingeither the ship’s service generators ormachinery necessary for the operationof the ship’s service generators, eachcommon bulkhead and deck must be‘‘A–60’’ Class construction as defined by§ 72.05–10 of this chapter.

(e) The ‘‘A–60’’ Class constructionrequired by paragraph (d) of this sectionis unnecessary if the emergency sourceof electric power is in a small,ventilated battery locker that—

(1) Is located above the main deck;(2) Is located in the open; and(3) Has no boundaries contiguous

with other decks or bulkheads.

§ 127.230 Subdivision and stability.Each OSV must meet the applicable

requirements in subchapter S of thischapter.

§ 127.240 Means of escape.(a) There must be at least two means

of escape, exclusive of windows andportholes, from each of the followingspaces:

(1) Each space accessible to offshoreworkers.

(2) Crew accommodations and eachspace where the crew may normally beemployed.

(b) At least one of the two means ofescape must—

(1) Be independent of watertightdoors in bulkheads required by part 174of this chapter to be watertight; and

(2) Lead as directly to the open deckas practicable.

(c) The two means of escape requiredby paragraph (a) of this section must bewidely separated and, if possible, atopposite ends or sides of the space, tominimize the possibility that oneincident will block both escapes.

(d) Except as provided by paragraph(e) of this section, a vertical ladderending at a deck scuttle may not beeither of the means of escape requiredby paragraph (a) of this section.

(e) A vertical ladder ending at a deckscuttle may be the second means ofescape if the—

(1) Primary means of escape is astairway or passageway;

(2) Installation of another stairway orpassageway is impracticable;

(3) Scuttle is located where stoweddeck cargo could not interfere;


(4) Scuttle is fitted with a quick-actingrelease, and with a hold-back to holdthe scuttle open; and

(5) Scuttle meets the requirements forlocation, strength, and height ofcoaming in subchapter E of this chapter.

(f) Each vertical ladder must—(1) Have rungs that are—(i) At least 16 inches (410 millimeters)

long;(ii) At most 12 inches (300

millimeters) apart, uniform for thelength of the ladder; and

(iii) At least 7 inches (180millimeters) from the nearest permanentobject in back of the ladder;

(2) Have at least 41⁄2 inches (115millimeters) of clearance above eachrung;

(3) Be made of incombustiblematerials; and

(4) Have an angle of inclination withthe horizontal, greater than 70 degreesbut not more than 90 degrees.

(g) No means may be provided forlocking any interior door giving accessto either of the two required means ofescape; except that a crash door orlocking-device, capable of being easilyforced in an emergency, may beemployed if a permanent andconspicuous notice to this effect isattached to both sides of the door. Ameans may be provided for locking anexterior door to a deckhouse if the dooris—

(1) Locked only by a key under thecontrol of one of the OSV’s officers; and

(2) Always operable from the inside.(h) Each passageway or stairway must

be wide enough to provide an effectivemeans of escape for the number ofpersons having access to it even if eachperson is wearing a lifejacket. Theremust be no protrusions in the means ofescape that could cause injury, ensnareclothing, or damage lifejackets.

(i) No interior stairway, other thanwithin the machinery spaces or cargoholds, may be less than 28 inches wide.The angle of inclination of eachstairway with the horizontal must notexceed 50 degrees.

(j) No dead-end passageway, orequivalent, may be more than 40 feet(13.1 meters) in length.

(k) Vertical access must be providedbetween the various weather decks bymeans of permanently inclined ladders.The angle of inclination of these ladderswith the horizontal must not exceed 70degrees.

§ 127.250 Ventilation for enclosed spaces.(a) Each enclosed space within the

OSV must be properly vented orventilated. Means must be provided forclosing each vent and ventilator.

(b) Means must be provided forstopping each fan in a ventilation

system serving machinery and cargospaces and for closing, in case of fire,each doorway, ventilator, and annularspace around funnels and otheropenings into such spaces.

§ 127.260 Ventilation for accommodations.(a) Each accommodation space must

be adequately ventilated in a mannersuitable for the purpose of the space.

(b) Each OSV of 100 or more grosstons must be provided with amechanical ventilation system unlessthe OCMI is satisfied that a naturalsystem, such as opening windows,portholes, or doors, will accomplishadequate ventilation in ordinaryweather.

§ 127.270 Location of accommodationsand pilothouse.

(a) Neither quarters for crew membersor offshore workers nor the pilothousemay be located forward of the collisionbulkhead required by § 174.190 of thischapter.

(b) Except as provided in paragraph(c) of this section, no part of any deckwith accommodations for crew membersor offshore workers may be below thedeepest load waterline.

(c) Any deck with accommodationsfor crew members or offshore workersmay be below the deepest loadwaterline if—

(1) The OSV complies with thedamage-stability requirements in§ 174.205 of this chapter;

(2) Each vertical ladder permitted by§ 127.240 of this subpart is above thefinal-equilibrium waterline when thevessel is subject to the damageprescribed by § 174.205 of this chapter;and

(3) The overhead of at least onevertical ladder is at least 12 inchesabove the final-equilibrium waterlinewhen the vessel is subject to the damageprescribed by § 174.205 of this chapter.

(d) No hawse pipe or chain pipe maypass through accommodations for crewmembers or offshore workers.

(e) There must be no direct access,except through solid, close-fitted doorsor hatches, between accommodationsfor crew members or offshore workersand chain lockers, cargo spaces, ormachinery spaces.

(f) No access openings, soundingtubes, or vents from fuel-oil or cargo-oiltanks may open into accommodationsfor crew members or offshore workers,except that access openings andsounding tubes may open intopassageways.

(g) Accommodations for crewmembers must be separate from andindependent of those for offshoreworkers unless the OCMI approves analternative arrangement.

§ 127.280 Construction and arrangementof quarters for crew members andaccommodations for offshore workers.

(a) The following requirements applyto quarters for crew members on eachOSV of 100 or more gross tons:

(1) Quarters for crew members mustbe divided into staterooms none ofwhich berths more than four members.

(2) Each stateroom for use by crewmembers must—

(i) Have clear headroom of at least 6feet 3 inches; and

(ii) Contain at least 30 square feet ofdeck and at least 210 cubic feet of spacefor each member accommodated. Thepresence in a stateroom of equipmentfor use by the occupants does notdiminish the area or volume of theroom.

(3) There must be at least one toilet,one washbasin, and one shower orbathtub for every eight or fewermembers who do not occupy astateroom to which a private or asemiprivate facility is attached.

(b) The following requirements applyto accommodations for offshore workerson each OSV of 100 or more gross tons:

(1) Each offshore worker aboard mustbe provided with adequate fixed seating.The spacing of fixed seating must besufficient to allow ready escape in caseof fire or other emergency. Thefollowing are minimal requirements:

(i) Aisles 15 feet in length or less mustnot be less than 24 inches wide.

(ii) Aisles more than 15 feet in lengthmust not be less than 30 inches wide.

(iii) Where the seating is in rows, thedistance from seat front to seat frontmust not be less than 30 inches.

(2) If the intended operation of avessel is to carry offshore workersaboard for more than 24 hours, quartersfor them must be provided. Eachstateroom for use by them must—

(i) Berth no more than six workers;(ii) Have clear headroom of at least 6

feet 3 inches; and(iii) Contain at least 20 square feet of

deck and at least 140 cubic feet of spacefor each worker accommodated. Thepresence in a stateroom of equipmentfor use by the occupants does notdiminish the area or volume of theroom.

(3) Toilets and washbasins for use byoffshore workers must meet therequirements of paragraph (a)(3) of thissection.

(c) Each crew member and offshoreworker aboard an OSV of less than 100gross tons must be provided withaccommodations of adequate size andconstruction, and with equipment forhis or her protection and conveniencesuitable to the size, facilities, andservice of the vessel.


(d) For each OSV of 100 or more grosstons, the bulkheads and decksseparating accommodations for crewmembers and offshore workers frommachinery spaces must be of ‘‘A’’ Classconstruction as defined by § 92.07–5 ofthis chapter.

(e) After reviewing the arrangementdrawings required by § 127.110 of thispart, the OCMI will determine andrecord on the OSV’s Certificate ofInspection the number of offshoreworkers that the vessel may carry.

Subpart C—Rails and Guards

§ 127.310 Where rails required.(a) Each OSV must have permanently

installed efficient guard rails orbulwarks on decks and bridges. Eachrail or bulwark must stand at least 39-1⁄2 inches from the deck except that,where this height would interfere withthe normal operation of the vessel, theOCMI may approve a lesser height.

(b) At exposed peripheries of thefreeboard and superstructure decks,each rail must consist of at least threecourses, including the top. The openingbelow the lowest course must be nomore than 9 inches with courses nomore than 15 inches apart. On otherdecks and bridges each rail must consistof at least two courses, including thetop, approximately evenly spaced.

(c) If satisfied that the installation ofany rail of the required height isimpracticable, the OCMI may accept agrab rail or a rail of a lesser height inits place.

§ 127.320 Storm rails.Suitable storm rails must be installed

in each passageway and at thedeckhouse sides, including in way ofinclined ladders, where persons aboardhave normal access. They must beinstalled on both sides of passagewaysmore than 6 feet wide.

§ 127.330 Guards in dangerous places.Suitable hand covers, guards, or rails

must be installed on each exposed anddangerous place, such as gears andmachinery.

Subpart D—Construction of Windows,Visibility, and Operability of Coverings

§ 127.410 Safety-glazing materials.Glass and other glazing material used

in windows must be material that willnot break into dangerous fragments iffractured.

§ 127.420 Strength.Each window or porthole, and its

means of attachment to the hull or thedeckhouse, must be capable ofwithstanding the maximum expected

load from wave and wind conditions,due to its location on the OSV and theauthorized route of the vessel.

§ 127.430 Visibility from pilothouse.(a) Windows and other openings at

the pilothouse must be of sufficient sizeand properly located to provideadequate view for safe operation in anycondition.

(b) Glass or other glazing materialused in windows at the pilothouse musthave a light transmission of at least 70percent according to Test 2 of ANSIZ26.1, ‘‘Code for Safety GlazingMaterials for Glazing Motor VehiclesOperating on Land Highways,’’ andmust comply with Test 15 of ANSIZ26.1 for Class I Optical Deviation.

§ 127.440 Operability of window coverings.Any covering or protection placed

over a window or porthole must be ableto be readily removed or opened. It mustbe possible to open or remove thecovering or protection without anyone’shaving to go onto a weather deck.

PART 128—MARINE ENGINEERING:EQUIPMENT AND SYSTEMS

Subpart A—GeneralSec.128.110 Equipment and systems.128.120 Plan approval.128.130 Vital systems.

Subpart B—Materials and Pressure Design128.210 Class II vital systems—materials.128.220 Class II non-vital systems—

materials and pressure design.128.230 Penetrations of hulls and

watertight bulkheads—materials andpressure design.

128.240 Hydraulic and pneumatic powerand control—materials and pressuredesign.

Subpart C—Main and Auxiliary Machinery128.310 Fuel.128.320 Exhaust systems.

Subpart D—Design Requirements forSpecific Systems

128.410 Ship’s service refrigerationsystems.

128.420 Keel-cooler installations.128.430 Grid-cooler installations.128.440 Bilge systems.128.450 Liquid-mud systems.


Subpart A—General

§ 128.110 Equipment and systems.(a) Except as provided by this part,

the design, installation, testing, andinspection of materials, machinery,pressure vessels, and piping mustcomply with subchapter F of thischapter.

(b) This part contains requirementsfor equipment and systems commonly

found on an OSV. If additional orunique systems, such as for low-temperature cargoes, are to be installed,they too must comply with subchapterF of this chapter.

§ 128.120 Plan approval.The plans required by subchapter F of

this chapter need not be submitted if theplans listed by § 127.110(d) of thissubchapter have been submitted.

§ 128.130 Vital systems.(a) Vital systems are those systems

that are vital to a vessel’s survivabilityand safety. For the purpose of thissubchapter, the following are vitalsystems:

(1) Systems for fill, transfer, andservice of fuel oil.

(2) Fire-main systems.(3) Fixed gaseous fire-extinguishing

systems.(4) Bilge systems.(5) Ballast systems.(6) Steering systems and steering-

control systems.(7) Propulsion systems and their

necessary auxiliaries and controlsystems.

(8) Systems for transfer and control ofcargo, for integral tanks or fixedindependent tanks, in compliance with§ 125.110 of this subchapter.

(9) Ship’s service and emergencyelectrical-generation systems and theirauxiliaries.

(10) Any other marine-engineeringsystem identified by the OCMI ascrucial to the survival of the OSV or tothe protection of the personnel aboard.

(b) For the purpose of this subchapter,a system not identified by paragraph (a)of this section is a non-vital system.

Subpart B—Materials and PressureDesign

§ 128.210 Class II vital systems—materials.

Except as provided by §§ 128.230 and128.240 of this subpart, instead ofcomplying with part 56 of this chapter,materials used in Class II vital piping-systems may be accepted by the OCMIor the Commanding Officer, MarineSafety Center, if shown to provide alevel of safety equivalent to materials in§ 56.60 of this chapter.

§ 128.220 Class II non-vital systems—materials and pressure design.

(a) Except as provided by §§ 128.230,128.240, and 128.320 of this part, aClass II non-vital piping-system neednot meet the requirements for materialsand pressure design of subchapter F ofthis chapter.

(b) Piping for salt-water service mustbe of a corrosion-resistant material, be


hot-dip galvanized, or be at least ofextra-heavy schedule in wall thickness.

(c) Each Class II non-vital piping-system must be certified by the builderas suitable for its intended service. Awritten certificate to this effect must besubmitted with the plans required by§ 127.110(d) of this subchapter.

(d) The OCMI will review theparticular installation of each system forthe safety hazards identified inparagraphs (a), (b)(1), and (c) through (k)of § 56.50–1 of this chapter, and willadd requirements as appropriate.

§ 128.230 Penetrations of hulls andwatertight bulkheads—materials andpressure design.

(a) Each piping penetration, in eachbulkhead required by this subchapter tobe watertight, must meet therequirements for materials and pressuredesign of subchapter F of this chapter.

(b) Each overboard discharge andshell connection, up to and includingrequired shut-off valves, must meet therequirements for materials and pressuredesign of subchapter F of this chapter.

§ 128.240 Hydraulic or pneumatic powerand control—materials and pressuredesign.

(a) Each standard piping component(such as pipe runs, fittings, flanges, andstandard valves) for hydraulic orpneumatic power and control systemsmust meet the requirements formaterials and pressure design of§ 128.110, 128.210, or 128.220 of thispart, as appropriate.

(b) Any non-standard hydraulic orpneumatic component (such as controlvalves, check valves, relief valves, andregulators) may be accepted by theOCMI or the Commanding Officer,Marine Safety Center, if the componentis certified by the manufacturer assuitable for marine service and if—

(1) The component meets each of therequirements for materials and pressuredesign of subparts 56.60 and 58.30 ofthis chapter and if its service is limitedto the manufacturer’s rated pressure; or

(2) The service of the component islimited to 1⁄2 the manufacturer’srecommended maximum allowableworking pressure (MAWP) or 1⁄10 thecomponent’s burst pressure. Burst-pressure testing is described in ANSI B31.1, Paragraph 104.7.A, and must beconducted to comply with Paragraph A–22, Section, I, ASME Boiler andPressure Vessel Code. Writtencertification of results of burst-pressuretesting must be submitted with theplans required by § 127.110(d) of thissubchapter.

Subpart C—Main and AuxiliaryMachinery

§ 128.310 Fuel.(a) Except as provided by paragraph

(b) of this section, each internal-combustion engine installed on an OSV,whether for main propulsion or forauxiliaries, must be driven by a fuelhaving a flashpoint of not lower than110 degrees F. as determined by ASTMD93.

(b) The use of a fuel with a flashpointof lower than 110 degrees F. must bespecifically approved by theCommandant (G–MTH), except in anengine for a gasoline-powered rescueboat.

§ 128.320 Exhaust systems.No diesel-engine exhaust system need

meet the material requirements in§ 58.10–5(d)(1)(i) of this chapter if theinstallation is certified as required by§ 128.220(c) of this part.

Subpart D—Design Requirements forSpecific Systems

§ 128.310 Ship’s service refrigerationsystems.

No self-contained unit either for air-conditioning or for refrigerated spacesfor ship’s stores need comply with§ 58.20–5, 58.20–10, 58.20–15, 58.20–20(a), or 58.20–20(b) of this chapter if—

(a) The unit uses a fluorocarbonrefrigerant allowed by part 147 of thischapter;

(b) The manufacturer certifies that theunit is suitable for its intended purpose;and

(c) Electrical wiring meets theapplicable requirements in subchapter Jof this chapter.

§ 128.420 Keel-cooler installations.(a) Except as provided by this section,

each keel-cooler installation mustcomply with § 56.50–96 of this chapter.

(b) Approved metallic flexibleconnections may be located below thedeepest-load waterline if the system isa closed loop below the waterline andif its vent is located above the waterline.

(c) Fillet welds may be used in theattachment of channels and half-roundpipe sections to the bottom of the OSV.

(d) Short lengths of approved non-metallic flexible hose fixed by metallichose-clamps may be used at machineryconnections if—

(1) The clamps are of a corrosion-resistant material;

(2) The clamps do not depend onspring tension for their holding power;and

(3) Two of the clamps are used oneach end of the hose, except that oneclamp may be used on an end expanded

or beaded to provide a positive stopagainst hose slippage.

§ 128.430 Grid-cooler installations.

(a) Each hull penetration for a grid-cooler installation must be madethrough a cofferdam or at a seachest andmust be provided with isolation valvesfitted as close to the sea inlet aspossible.

(b) Each grid cooler must be protectedagainst damage from debris andgrounding by protective guards or byrecessing the cooler into the hull.

§ 128.440 Bilge systems.

(a) Except as provided by this section,each bilge system must comply with§§ 56.50–50 and 56.50–55 of thischapter.

(b) If the steering room, engine room,centerline passageway, forwardmachinery space, and compartmentcontaining the dry-mud tanks are theonly below-deck spaces that must befitted with bilge suctions, the OSV maybe equipped to the standards of§§ 56.50–50 and 56.50–55 of thischapter applicable to a dry-cargo vesselof less than 180 feet in length.

§ 128.450 Liquid-mud systems.

(a) Liquid-mud systems of piping mayuse resiliently seated valves of categoryA to comply with §§ 56.20–15 and56.50–60 of this chapter.

(b) Tanks for oil-based liquid mudmust be fitted with tank vents equippedwith flame screens. Vents must notdischarge to the interior of the OSV.

PART 129—ELECTRICALINSTALLATIONS

Subpart A—General Provisions

Sec.129.100 General.129.110 Applicability.129.120 Alternative standards.

Subpart B—General Requirements

129.200 Design, installation, andmaintenance.

129.210 Protection from wet and corrosiveenvironments.

129.220 Basic safety.

Subpart C—Power Sources and DistributionSystems

129.310 Power sources.129.315 Power sources for OSVs of 100 or

more gross tons.129.320 Generators and motors.129.323 Multiple generators.129.326 Dual-voltage generators.129.330 Distribution panels and

switchboards.129.340 Cable and wiring.129.350 Batteries—general.129.353 Battery categories.129.356 Battery installations.129.360 Semiconductor-rectifier systems.


129.370 Equipment grounding.129.375 System grounding.129.380 Overcurrent protection.129.390 Shore power.129.395 Radio installations.

Subpart D—Lighting Systems

129.410 Lighting fixtures.129.420 Branch circuits for lighting on

OSVs of 100 or more gross tons.129.430 Navigational lighting.129.440 Emergency lighting.129.450 Portable lighting.

Subpart E—Miscellaneous ElectricalSystems

129.510 Lifeboat winches.129.520 Hazardous areas.129.530 General alarm.129.540 Remote stopping-systems on OSVs

of 100 or more gross tons.129.550 Power for cooking and heating.129.560 Engine-order telegraphs on OSVs of

100 or more gross tons.Authority: 46 U.S.C. 3306; 49 CFR 1.46.

Subpart A—General Provisions

§ 129.100 General.

This part contains requirements forthe design, construction, andinstallation of electrical equipment andsystems including power sources,lighting, motors, miscellaneousequipment, and safety systems.

§ 129.110 Applicability.

(a) Except as specifically provided inthis part, electrical installations onOSVs of 100 or more gross tons mustcomply with subchapter J of thischapter.

(b) Electrical installations on OSVs ofless than 100 gross tons must meet the—

(1) Requirements of paragraph (a) ofthis section for vessels of 100 or moregross tons; or

(2) Applicable requirements of thispart.

§ 129.120 Alternative standards.

(a) An OSV of 65 feet in length or lessmay meet the following requirements ofthe American Yacht and Boat CouncilProjects, where applicable, instead of§ 129.340 of this part:

(i) E–1, Bonding of Direct CurrentSystems.

(ii) E–8, AC Electrical System onBoats.

(iii) E–9, DC Electrical Systems onBoats.

(b) An OSV with an electricalinstallation operating at a potential ofless than 50 volts may comply with§ 183.430 of this chapter instead of§ 129.340 of this part.

Subpart B—General Requirements

§ 129.200 Design, installation, andmaintenance.

Electrical equipment on an OSV mustbe designed, installed, and maintainedto—

(a) Provide services necessary forsafety under normal and emergencyconditions;

(b) Protect crew members, offshoreworkers, and the OSV from electricalhazards, including fire, caused by ororiginating in electrical equipment andelectrical shock;

(c) Minimize accidental personalcontact with energized parts; and

(d) Prevent electrical ignition offlammable vapors.

§ 129.210 Protection from wet andcorrosive environments.

(a) Electrical equipment used in thefollowing spaces must be drip-proof:

(1) A machinery space.(2) A space normally exposed to

splashing, water wash down, or otherwet conditions within a galley, alaundry, or a public washroom or toiletroom that has a bath or shower.

(3) Every other space with similar wetconditions.

(b) Electrical equipment exposed tothe weather must be watertight.

(c) Electrical equipment exposed tocorrosive environments must be ofsuitable construction and must beresistant to corrosion.

§ 129.220 Basic safety.(a) Electrical equipment and

installations must be suitable for theroll, pitch, and vibration of the OSVunder way.

(b) All equipment, includingswitches, fuses, and lampholders, mustbe suitable for the voltage and currentused.

(c) Receptacle outlets of the typeproviding a grounded pole or a specificdirect-current polarity must be of aconfiguration that does not permitimproper connection.

(d) Electrical equipment and circuitsmust be clearly marked and identified.

(e) Any cabinet, panel, box, or otherenclosure containing more than onesource of power must be fitted with asign warning persons of this conditionand identifying the circuits to bedisconnected.

Subpart C—Power Sources andDistribution Systems

§ 129.310 Power sources.(a) (1) Each OSV that relies on

electricity to power the following loadsmust be arranged so that the loads canbe energized from at least two sourcesof electricity:

(i) Any system identified as a vitalsystem in § 128.130(a) of thissubchapter.

(ii) Interior lights.(iii) Communication systems.(iv) Navigational equipment and

lights.(v) Fire-protection equipment.(2) An OSV with batteries of enough

capacity for 3 hours of continuousoperation to supply the loads specifiedin paragraph (a)(1) of this section, andwith a generator or alternator driven bya propulsion engine, complies withparagraph (a)(1) of this section.

(b) Where a generator driven by apropulsion engine is used as a source ofelectrical power, no speed change,throttle movement, or change indirection of the propeller shaft of theOSV may interrupt power to any of theloads specified in paragraph (a)(1) ofthis section.

§ 129.315 Power sources for OSVs of 100or more gross tons.

(a) The requirements of this sectionapply instead of those in subpart 111.10of this chapter.

(b) If a generator provides electricalpower for any system identified as avital system by § 128.130(a) of thissubchapter, at least two power-generating sets must be provided. Atleast one set must be independent of themain propulsion plant. A generator notindependent of the main propulsionplant must comply with § 111.10–4(c) ofthis chapter. With any one generatingset stopped, the remaining set or setsmust provide the power necessary forthe loads required by this section.

§ 129.320 Generators and motors.(a) Each generator and motor must

be—(1) In an accessible space, adequately

ventilated and as dry as practicable; and(2) Mounted above the bilges to avoid

damage by splash and to avoid contactwith low-lying vapors.

(b) Each generator and motor must bedesigned for an ambient temperature of50 degrees C. (122 degrees F.), exceptthat—

(1) If the ambient temperature in thespace where a generator or motor is doesnot exceed 40 degrees C. (104 degreesF.) under normal operating conditions,the generator or motor may be designedfor an ambient temperature of 40degrees C.; and

(2) A generator or motor designed foran ambient temperature of 40 degrees C.may be used in a location where theambient temperature is 50 degrees C., ifthe generator or motor is derated to 80percent of the full-load rating and if therating or setting of the overcurrent


devices of the generator or motor isreduced accordingly.

(c) For each generator rated at 50 voltsor more, a voltmeter and an ammeterused for measuring voltage and currentwhile the generator is in operation mustbe provided. For each alternating-current generator, a means formeasuring frequency must also beprovided. To ensure satisfactoryoperation of each generator, additionalcontrol equipment and measuringinstruments, if needed, must also beprovided.

(d) Each generator must have anameplate attached to it indicating—

(1) Name of manufacturer, type ofgenerator, and designation of frame;

(2) Output in kilowatts, or horsepowerrating;

(3) Kind of rating (continuous,overload, or other);

(4) Amperes at rated load, voltage,and frequency;

(5) Number of phases, if applicable;(6) Type of windings, if DC:(7) When intended for connection in

a normally grounded configuration, thegrounding polarity; and

(8) For a generator derated to complywith paragraph (b)(2) of this section, thederated capacity.

(e) Each motor must have attached toit a nameplate containing theinformation required by Article 430 ofNFPA 70.

§ 129.323 Multiple generators.If an OSV uses two or more generators

to supply electricity for the ship’sservice loads, to comply with§ 129.310(a) of this subpart, thefollowing requirements must be met:

(a) Each generator must have anindependent prime mover.

(b) The circuit breaker of a generatorto be operated in parallel with anothergenerator must comply with §§ 111.05–13, 111.12–11(f), 111.30–19(a), and111.30–25(d) of this chapter.

(c) The circuit breaker of a generatornot to be operated in parallel withanother generator must be interlocked toprevent that generator from beingconnected to the switchboardsimultaneously with another.

§ 129.326 Dual-voltage generators.If a dual-voltage generator is installed

on an OSV—(a) The neutral of the dual-voltage

system must be solidly grounded at theswitchboard’s neutral bus and beaccessible for checking the insulationresistance of the generator to groundbefore the generator is connected to thebus; and

(b) Ground detection must beprovided that—

(1) For an alternating-current system,complies with § 111.05–27 of thischapter; and

(2) For a direct-current system,complies with § 111.05–29 of thischapter.

§ 129.330 Distribution panels andswitchboards.

(a) Each distribution panel orswitchboard must be in a location as dryas practicable, accessible, adequatelyventilated, and protected from fallingdebris and dripping or splashing water.

(b) Each distribution panel orswitchboard must be totally enclosedand of the dead-front type.

(c) Each switchboard must havenonconductive handrails.

(d) Each switchboard must be fittedwith a dripshield, unless theswitchboard is of a type mounted deckto overhead and is not subject to fallingobjects or liquids from above.

(e) Each distribution panel andswitchboard accessible from the rearmust be constructed to prevent aperson’s accidental contact withenergized parts.

(f) Working space must be providedaround each main distribution paneland switchboard of at least 24 inches infront of the switchboard and, unless itis inaccessible from the rear, of at least18 inches from the nearest bulkhead,stiffener, or frame behind theswitchboard.

(g) Nonconductive mats or gratingmust be provided on the deck in frontof each switchboard and, if theswitchboard is accessible from the rear,on the deck behind the switchboard.

(h) Each uninsulated current-carryingpart must be mounted onnoncombustible, nonabsorbent, high-dielectric insulating material.

(i) Equipment mounted on a hingeddoor of an enclosure must beconstructed or shielded so that noperson will come into accidental contactwith energized parts of the door-mounted equipment when the door isopen and the circuit energized.

(j) Switchboards and distributionpanels must be sized in accordance with§ 111.30–19(a) of this chapter.

§ 129.340 Cable and wiring.(a) If individual wires, rather than

cables, are used in systems operating ata potential of greater than 50 volts, thewire and associated conduit must be runin a protected enclosure. The protectedenclosure must have drain holes toprevent the buildup of condensation.

(b) Each cable and wire must—(1) Have stranded copper conductors

with sufficient current-carrying capacityfor the circuit in which it is used;

(2) Be installed so as to avoid orreduce interference with radio receptionand compass indication;

(3) Be protected from the weather;(4) Be supported so as to avoid

chafing or other damage;(5) Be installed without sharp bends;(6) Be protected by metal coverings or

other suitable means, if in areas subjectto mechanical abuse;

(7) Be suitable for low temperatureand high humidity, if installed inrefrigerated compartments;

(8) Be located outside a tank, unlessit supplies power to equipment in thetank; and

(9) Have sheathing or wire insulationcompatible with the fluid in a tank,when installed to comply withparagraph (b)(8) of this section.

(c) Cable and wire in power andlighting circuits must be #14 AWG orlarger. Cable and wire in control andindicator circuits must be #22 AWG orlarger, or be ribbon cable or similar,smaller, conductor-size cablerecommended by the equipmentmanufacturer for use in circuits for low-power instrumentation, monitoring, orcontrol.

(d) Cable and wire for power andlighting circuits must—

(1) Comply with Section 310–13 ofthe NEC (NFPA 70), except that noasbestos-insulated cable or dry-locationcable may be used;

(2) Be listed by UnderwritersLaboratories Inc. as UL Boat or ULMarine Shipboard cable; or

(3) Comply with § 111.60–1 of thischapter for cable, and § 111.60–11 ofthis chapter for wire.

(e) Cable and wire serving vitalsystems listed in § 128.130(a) of thissubchapter or serving emergency loadsmust be routed as far as practicable fromareas at high risk for fire, such asgalleys, laundries, and machineryspaces.

(f) Cable or wire serving duplicatedequipment must be separated so that acasualty that affects one cable does notaffect the other.

(g) Each connection to a conductor ora terminal part of a conductor must bemade within an enclosure and have a—

(1) Pressure-type connector on eachconductor;

(2) Solder lug on each conductor;(3) Splice made with a pressure-type

connector to a flexible lead orconductor; or

(4) Splice soldered, brazed, or weldedto a flexible lead or conductor.

(h) A connector or lug of the set-screwtype must not be used with a strandedconductor smaller than No. 14 AWG,unless there is a nonrotating followerthat travels with the set screw and


makes pressure contact with theconductor.

(i) Each pressure-type wire connectorand lug must comply with UL 486A. Nowire nuts may be used.

(j) Each terminal block must haveterminal screws 6–32 or larger.

(k) Each wire connector used inconjunction with screw-type terminalblocks must be of the captive type suchas the ring or the flanged-spade type.

(l) No cable may be spliced in—(1) A hazardous location; or(2) Another location, except—(i) A cable installed in a subassembly

may be spliced to a cable installed inanother subassembly;

(ii) For a vessel receiving alterations,a cable may be spliced to extend acircuit;

(iii) A cable of large diameter orexceptional length may be spliced tofacilitate its installation.

(iv) A cable may be spliced to replacea damaged section of itself if, beforereplacement of the damaged section, theinsulation resistance of the remainder ofthe cable is measured, and the conditionof the insulation is unimpaired.

(m) All material in a cable splice mustbe chemically compatible with othermaterial in the splice and with thematerials in the cable.

(n) Ampacities for conductors mustcomply with Section 310–15 of the NEC(NFPA 70), or with IEEE Standard 45, asappropriate.

(o) Each conductor must be sized sothat the voltage drop at the loadterminals does not exceed 10 percent.

(p) Each metallic covering of armoredcable must—

(1) Be electrically continuous; and(2) Be grounded at each end of the run

to the—(i) Hull (on a metallic OSV); or(ii) Common ground plate (on a

nonmetallic vessel); and(3) Have final sub-circuits grounded at

the supply end only.(q) Each portable or temporary electric

cord or cable must be constructed andused in compliance with therequirements of § 111.60–13 of thischapter for flexible electric cord orcable.

§ 129.350 Batteries—general.(a) Wherever a battery is charged,

there must be natural or inducedventilation to dissipate the gasesgenerated.

(b) Each battery must be located ashigh above the bilge as practicable andbe secured to protect against shiftingdue to roll, pitch, and heave motions orvibration of the OSV, and free fromexposure to splash or spray of water.

(c) Each battery must be accessible formaintenance and removal.

(d) Each connection to a batteryterminal must be made with apermanent connector, rather than withspring clips or other temporary clamps.

(e) Each battery must be mounted ina tray lined with, or constructed of, leador other material resistant to damage bythe electrolyte.

(f) Each battery charger must have anammeter connected in the chargingcircuit.

(g) Unless the battery is adjacent to adistribution panel or switchboard thatdistributes power to the lighting, motor,and appliance circuits, the battery leadsmust have fuses in series with and asclose as practicable to the battery.

(h) Each battery used for starting anengine must be located as close aspossible to the engine or engines served.

§ 129.353 Battery categories.This section applies to batteries

installed to meet the requirements of§ 129.310(a) for secondary sources ofpower to vital loads.

(a) Large. A large battery-installationis one connected to a battery chargerhaving an output of more than 2 kw,computed from the highest possiblecharging current and rated voltage of thebattery installed.

(b) Small. A small battery-installationis one connected to a battery chargerhaving an output of 2 kw or less,computed from the highest possiblecharging current and rated voltage of thebattery installed.

§ 129.356 Battery installations.(a) Large. Each large battery-

installation must be located in a locker,room, or enclosed box dedicated solelyto the storage of batteries. Ventilationmust be provided in accordance with§ 111.15–10 of this chapter. Electricalequipment located within the batteryenclosure must be approved by anindependent laboratory for hazardouslocations of Class I, Division 1, Group B,and must meet part 111, subpart111.105, of this chapter.

(b) Small. Each small battery-installation must be located in a well-ventilated space and protected fromfalling objects. No small battery-installation may be in a closet,storeroom, or similar space.

§ 129.360 Semiconductor-rectifiersystems.

(a) Each semiconductor-rectifiersystem must have an adequate heat-removal system to prevent overheating.

(b) If a semiconductor-rectifier systemis used in a propulsion system or inanother vital system, it must—

(1) Have a current-limiting circuit;(2) Have external overcurrent

protection; and

(3) Comply with sections 4/5.84.2 and4/5.84.4 of the ABS’s ‘‘Rules forBuilding and Classing Steel Vessels.’’

§ 129.370 Equipment grounding.(a) On a metallic OSV each metallic

enclosure and frame of electricalequipment must be permanentlygrounded to the hull. On a nonmetallicvessel each enclosure and frame ofelectrical equipment must be bonded toeach other and to a common ground bya conductor not normally carryingcurrent.

(b) Each metallic case of instrumentsmust be grounded. So must eachsecondary winding of instrumenttransformers.

(c) Each equipment groundingconductor must be sized to comply withsection 250–95 of NEC (NFPA 70).

(d) Each nonmetallic mast andtopmast must have a lightning-groundconductor.

§ 129.375 System grounding.(a) If a grounded distribution system

is provided, there must be only oneconnection to ground, regardless of thenumber of power sources. Thisconnection must be at the mainswitchboard.

(b) On each metallic OSV a groundeddistribution system must be grounded tothe hull. On each nonmetallic vessel theneutral of a grounded system must beconnected to a common ground plate,except that no aluminum groundingconductors may be used.

(c) On each nonmetallic OSV with agrounded distribution system, thecommon ground plate must have—

(1) Only one connection to the mainswitchboard; and

(2) The connection to itself readilyaccessible for checking.

(d) On each nonmetallic OSV with aground plate provided for radioequipment, the plate must be connectedto the common ground plate.

(e) Each insulated grounding-conductor of a cable must be identifiedby one of the following means:

(1) Wrapping of the cable with greenbraid or green insulation.

(2) Stripping of the insulation fromthe entire exposed length of thegrounding-conductor.

(3) Marking of the exposed insulationof the grounding-conductor with greentape or green adhesive labels.

(f) No OSV’s hull may carry current asa conductor except for—

(1) An impressed-current cathodic-protection system; or

(2) A battery system to start an engine.(g) No cable armor may be used to

ground electrical equipment or systems.(h) Each receptacle outlet and

attachment plug, for a portable lamp,


tool, or similar apparatus operating at100 or more volts, must have agrounding-pole and a grounding-conductor in the portable cord.

§ 129.380 Overcurrent protection.

(a) Overcurrent protection must beprovided for each ungroundedconductor, to open the electric circuit ifthe current reaches a value that causesan excessive or dangerous temperaturein the conductor or its insulation.

(b) Each conductor of a control,interlock, or indicator circuit, such as aconductor for an instrument, pilot light,ground-detector light, or potentialtransformer, must be protected by anovercurrent device.

(c) Each generator must be protectedby an overcurrent device set at a valuenot exceeding 115 percent of thegenerator’s full-load rating.

(d) Circuits of control systems forsteering gear must be protected againstshort circuit.

(e) Each feeder circuit for steering gearmust be protected by a circuit breakerthat complies with §§ 111.93–11 (a) and(b) of this chapter.

(f) Each branch circuit for lightingmust be protected against overcurrentby either fuses or circuit breakers.Neither the fuses nor the circuitbreakers may be rated at more than 30amperes.

(g) Each conductor must be protectedin accordance with its current-carryingcapacity. If the allowable current-carrying capacity does not correspond toa standard size of device, the next largerovercurrent device may be used, unlessit exceeds 150 percent of theconductor’s current-carrying capacity.

(h) An overcurrent device must beinstalled to protect each motorconductor and control apparatus againstovercurrent due to short circuit orground fault. Each overcurrent devicemust be capable of carrying the startingcurrent of the motor.

(i) An emergency switch must beprovided in each normally ungroundedmain supply conductor from a battery.The switch must be accessible from thebattery and located as close aspracticable to it.

(j) No grounded conductor of a circuitmay be disconnected by a switch orcircuit breaker unless the ungroundedconductors are all simultaneouslydisconnected.

(k) A means of disconnect must beprovided on the supply side of andadjacent to each fuse, to de-energize thefuse for inspection and maintenance.

(l) A way for locking the means ofdisconnect open must be providedunless the means of disconnect for a

fused circuit is within sight of theequipment that the circuit supplies.

(m) Each fuse must be of the cartridgetype and be listed by UnderwritersLaboratories (UL) or anotherindependent laboratory recognized bythe Commandant.

(n) Each circuit breaker must meet UL489 and be of the manually-reset typedesigned for—

(1) Inverse delay;(2) Instantaneous short-circuit

protection; and(3) Switching duty if the breaker is

used as a switch.(o) Each circuit breaker must indicate

whether it is open or closed.

§ 129.390 Shore power.

Each OSV that has an electricalsystem operating at more than 50 voltsand provides for shore power must meetthe requirements of this section:

(a) A shore-power-connection box orreceptacle must be permanentlyinstalled at a convenient location.

(b) A cable connecting the shore-power-connection box or receptacle tothe switchboard or main distributionpanel must be permanently installed.

(c) A circuit breaker must be providedat the switchboard or main distributionpanel for the shore-power connection.

(d) The circuit breaker, required byparagraph (c) of this section, must beinterlocked with the OSV’s powersources so that shore power and thevessel’s power sources may not operatesimultaneously.

§ 129.395 Radio installations.

A separate circuit, with overcurrentprotection at the switchboard, must beprovided for each radio installation.

Subpart D—Lighting Systems

§ 129.410 Lighting fixtures.

(a) Each globe, lens, or diffuser of alighting fixture must have a high-strength guard or be made of high-strength material, except inaccommodations, the pilothouse, thegalley, or similar locations where thefixture is not subject to damage.

(b) No lighting fixture may be used asa connection box for a circuit other thanthe branch circuit supplying the fixture.

(c) Each lighting fixture must beinstalled as follows:

(1) Each lighting fixture andlampholder must be fixed. No fixturemay be supported by the screw shell ofa lampholder.

(2) Each pendant-type lighting fixturemust be suspended by and suppliedthrough a threaded rigid-conduit stem.

(3) Each tablelamp, desklamp,floorlamp, or similar equipment must be

so secured in place that it cannot bedisplaced by the roll, pitch, or vibrationof the vessel.

(d) Each lighting fixture in anelectrical system operating at more than50 volts must comply with UL 595,‘‘Marine Type Electric LightingFixtures.’’ A lighting fixture in anaccommodation space, radio room,galley, or similar interior space maycomply with UL 57, ‘‘Electric LightingFixtures,’’ UL 1570, ‘‘FluorescentLighting Fixtures,’’ UL 1571,‘‘Incandescent Lighting Fixtures,’’ UL1572, ‘‘High Intensity DischargeLighting Fixtures,’’ UL 1573, ‘‘Stage andStudio Lighting Units,’’ or UL 1574,‘‘Track Lighting Systems,’’ as long as thegeneral marine requirements of UL 595are satisfied.

§ 129.420 Branch circuits for lighting onOSVs of 100 or more gross tons.

On each OSV of 100 or more grosstons, each branch circuit for lightingmust comply with § 111.75–5 of thischapter, except that—

(a) Appliance loads, electric-heaterloads, and isolated small-motor loadsmay be connected to a lighting-distribution panelboard; and

(b) Branch circuits, other than forlighting, connected to the lighting-distribution panelboard permitted byparagraph (a) of this section may havefuses or circuit breakers rated at morethan 30 amperes.

§ 129.430 Navigational lighting.(a) Each OSV of less than 100 gross

tons and less than 65 feet in length musthave navigational lighting incompliance with the applicablenavigation rules.

(b) Each OSV of 100 or more grosstons, or 65 feet or more in length, musthave navigational lighting incompliance with the applicablenavigation rules and with § 111.75–17(d) of this chapter.

§ 129.440 Emergency lighting.(a) An OSV of less than 100 gross tons

must have adequate emergency lightingfitted along the line of escape to themain deck from accommodations andworking (machinery) spaces below themain deck.

(b) The emergency lighting requiredby paragraph (a) of this section mustautomatically actuate upon failure of themain lighting. Unless an OSV isequipped with a single source of powerfor emergency lighting, it must haveindividual battery-powered lighting thatis—

(1) Automatically actuated upon lossof normal power;

(2) Not readily portable;


(3) Connected to an automatic battery-charger; and

(4) Of enough capacity for 6 hours ofcontinuous operation.

§ 129.450 Portable lighting.

Each OSV must be equipped with atleast two operable, portable, battery-powered lights. One of these lights mustbe located in the pilothouse, another atthe access to the engine room.

Subpart E—Miscellaneous ElectricalSystems

§ 129.510 Lifeboat winches.

Each lifeboat winch operated byelectric power must comply withsubparts 111.95 and 160.015 of thischapter.

§ 129.520 Hazardous areas.

(a) No OSV that carries flammable orcombustible liquid with a flashpoint ofbelow 140 degrees F. (60 degrees C.), orcarries hazardous cargoes on deck or inintegral tanks, or is involved inservicing wells, may have electricalequipment installed in pump rooms, inhose-storage spaces, or within 10 feet ofa source of vapor on a weather deckunless the equipment is explosion-proofor intrinsically safe under §§ 111.105–9or 111.105–11 of this chapter.

(b) No electrical equipment may beinstalled in any locker used to storepaint, oil, turpentine, or otherflammable liquid unless the equipmentis explosion-proof or intrinsically safeunder §§ 111.105–9 or 111.105–11 ofthis chapter.

(c) Equipment that is explosion-proofand intrinsically safe must comply withsubpart 111.105 of this chapter.

§ 129.530 General alarm.

Each OSV must be fitted with ageneral alarm that complies withsubpart 113.25 of this chapter.

§ 129.540 Remote stopping-systems onOSVs of 100 or more gross tons.

(a) Except as provided by paragraph(b) of this section, each OSV must befitted with remote stopping-systems thatcomply with subpart 111.103 of thischapter.

(b) The following remote stopping-systems may substitute for remotestopping-systems that must comply withsubpart 111.103 of this chapter:

(1) For each propulsion unit, in thepilothouse.

(2) For each discharge pump for bilgeslop or dirty oil, at the deck discharge.

(3) For each powered ventilationsystem, outside the space ventilated.

(4) For each fuel-oil pump, outsidethe space containing the pump.

(5) For each cargo-transfer pump forcombustible and flammable liquid, ateach transfer-control station.

(c) Remote stopping-systems requiredby this section may be combined.

§ 129.550 Power for cooking and heating.(a) Equipment for cooking and heating

must be suitable for marine use.Equipment designed and installed tocomply with ABYC Standards A–3 andA–7 or Chapter 6 of NFPA 302 meetsthis requirement.

(b) The use of gasoline for cooking,heating, or lighting is prohibited.

(c) The use of liquefied petroleum gasfor cooking, heating, or other purposesmust comply with subpart 58.16 of thischapter.

(d) Each electric space-heater must beprovided with a thermal cut-out toprevent overheating.

(e) Each element of an electric space-heater must be enclosed, and the case orjacket of the element made of acorrosion-resistant material.

(f) Each electrical connection for acooking appliance must be drip-proof.

§ 129.560 Engine-order telegraphs onOSVs of 100 or more gross tons.

No OSV of 100 or more gross tonsneed carry an engine-order telegraph.

PART 130—VESSEL CONTROL, ANDVARIOUS EQUIPMENT AND SYSTEMS

Subpart A—Vessel ControlSec.130.110 Internal communications on OSVs

of less than 100 gross tons.130.120 Propulsion control.130.130 Steering on OSVs of less than 100

gross tons.130.140 Steering on OSVs of 100 or more

gross tons.

Subpart B—Miscellaneous Equipment andSystems130.210 Radiotelegraph and

radiotelephone.130.220 Design of equipment for cooking

and heating.130.230 Protection from refrigerants.130.240 Anchors and chains.

Subpart C—Navigational Equipment130.310 Radar.130.320 Electronic position-fixing device.130.330 Charts and nautical publications.130.340 Compass.

Subpart D—Automation of UnattendedMachinery Spaces130.400 Applicability.130.410 General.130.420 Controls.130.430 Pilothouse control.130.440 Communications system.130.450 Machinery alarms.130.460 Placement of machinery alarms.130.470 Fire alarms.130.480 Test procedure and operations

manual.

Authority: 46 U.S.C. 3306, 8105; 49 CFR1.46.

Subpart A—Vessel Control

§ 130.110 Internal communications onOSVs of less than 100 gross tons.

Each OSV of less than 100 gross tonsequipped with an independent auxiliarymeans of steering, as required by§ 130.130(b) of this subpart, must havea fixed means of communicationbetween the pilothouse and the placewhere the auxiliary means of steering iscontrolled.

§ 130.120 Propulsion control.(a) Each OSV must have—(1) A propulsion-control system

operable from the pilothouse; and(2) A means at each propulsion engine

of readily disabling the propulsion-control system to permit local operation.

(b) Each propulsion-control systemoperable from the pilothouse mustenable—

(1) Control of the speed of eachpropulsion engine;

(2) Control of the direction ofpropeller-shaft rotation;

(3) Control of propeller pitch, if acontrollable-pitch propeller is fitted;and

(4) Shutdown of each propulsionengine.

(c) The propulsion-control systemoperable from the pilothouse mayconstitute the remote stopping-systemrequired by § 129.540 of this subchapter.

(d) Each propulsion-control system,including one operable from thepilothouse, must be designed so that noone failure of the system allows thepropulsion engine to over speed or thepitch of the propeller to increase.

§ 130.130 Steering on OSVs of less than100 gross tons.

(a) Each OSV of less than 100 grosstons must have a steering system thatcomplies with—

(1) Section 130.140 of this subpart; or(2) This section.(b) Except as provided by paragraph

(i) of this section, each OSV must havea main and an independent auxiliarymeans of steering.

(c) The main means of steering (mainsteering gear) must be—

(1) Of adequate strength for, andcapable of, steering the OSV at eachservice speed;

(2) Designed to operate at maximumastern speed without being damaged;and

(3) Capable of moving the rudder from35 degrees on one side to 30 degrees onthe other side in no more than 28seconds with the vessel moving ahead atmaximum service speed.


(d) Control of the main steering gearmust be available from the pilothouse,including control of any necessaryancillary device (motor, pump, valve, orthe like). If a power-driven mainsteering gear is used, a pilot light mustbe installed in the pilothouse to indicateoperation of the power units.

(e) The auxiliary means of steering(auxiliary steering gear) must be—

(1) Of adequate strength for steeringthe OSV at navigable speed;

(2) Capable of steering the vessel atnavigable speed; and

(3) Controlled from a place that—(i) Can communicate with the

pilothouse; or(ii) Enables the master to safely

maneuver the vessel.(f) The steering gear must be designed

so that transfer from the main steeringgear or its control to the auxiliarysteering gear or its control can beachieved rapidly. Any tools orequipment necessary for transfer mustbe readily available. Instructions fortransfer must be posted.

(g) Each OSV must haveinstantaneous protection against shortcircuit for electrical-power circuits andcontrol circuits, the protection sized andlocated to comply with §§ 111.93–11 (d)and (e) of this chapter.

(h) A rudder-angle indicatorindependent of the control of the mainsteering gear must be installed at thesteering-control station in thepilothouse.

(i) No auxiliary steering gear need beinstalled if—

(1) The main steering gear, includingpower systems, is installed in duplicate;or

(2) Multiple-screw propulsion—withindependent control of propulsion fromthe pilothouse for each screw and witha means to restrain and center therudder—is installed, and if that controlis capable of steering the OSV.

(j) Each OSV with duplicate (parallelbut cross-connected) power systems forthe main steering gear by way ofcompliance with paragraph (i)(1) of thissection, may use one of the systems forother purposes if—

(1) Control of the subordinate parallelsystem is located at the steering-controlstation in the pilothouse;

(2) Full power is available to the mainsteering gear when the subordinateparallel system is not in operation;

(3) The subordinate parallel systemcan be isolated from the means ofsteering, and instructions on proceduresfor isolating it are posted; and

(4) The subordinate parallel system ismaterially equivalent to the steeringsystem.

§ 130.140 Steering on OSVs of 100 or moregross tons.

(a) Each OSV of 100 or more grosstons must have a means of steering thatmeets the—

(1) Applicable requirements ofsubchapters F and J of this chapter; or

(2) Requirements for a hydraulic-helmsteering-system in paragraph (b) of thissection.

(b) Each hydraulic-helm steering-system must have the following:

(1) A main steering gear of adequatestrength for, and capable of, steering theOSV at every service speed withoutbeing damaged at maximum asternspeed.

(2) A hydraulic system with a MAWPof not more than 1800 psi, dedicated tosteering.

(3) Piping materials that comply withSubchapter F of this chapter, and pipingthickness of at least schedule 80.

(4) Each fore-and-aft run of pipinglocated as far inboard as practicable.

(5) Rudder stops.(6) Either—(i) Two steering pumps in accordance

with § 130.130(c)(3) of this part; or(ii) A single hydraulic sump of the

‘‘cascading overflow’’ type with acenterline bulkhead open only at thetop, if each half has enough capacity tooperate the system.

(7) Control of the main steering gearfrom the pilothouse, including—

(i) Control from the helm;(ii) Control of any necessary ancillary

device (motor, pump, valve, or the like);and

(iii) Adequate visibility when goingastern.

(8) Multiple-screw propulsion withindependent control of propulsion fromthe pilothouse, complying with§ 130.120 of this part and being capableof steering the vessel.

(9) Dual hydraulic cylinders arrangedso that either cylinder can be readilyisolated, permitting the other cylinder toremain in service and move eachrudder.

(10) The steering alarms andindicators required by § 111.93–13 ofthis chapter, located in the pilothouse.

(11) Instantaneous protection againstshort circuit for electrical power, andcontrol circuits sized and located asrequired by §§ 111.93–11 (d) and (e) ofthis chapter.

(12) A rudder-angle indicator, at thesteering-control station in thepilothouse, that is independent of thecontrol of the main steering gear.

(13) Means to locally start and stopthe steering pumps.

(14) Means to isolate any auxiliarymeans of steering so as not to impair thereliability and availability of the control

required by paragraph (b)(7) of thissection.

(15) Manual capability to center andsteady the rudder if the vessel losesnormal steering power.

(c) For compliance with paragraph (b)of this section, one set of piping amongpumps, helm, and cylinders isacceptable.

Subpart B—Miscellaneous Equipmentand Systems

§ 130.210 Radiotelegraph andradiotelephone.

Each OSV must comply with 47 CFRpart 80 as applicable.

§ 130.220 Design of equipment for cookingand heating.

(a) Doors on each cooking appliancemust be provided with heavy-dutyhinges and locking-devices to preventaccidental opening in heavy weather.

(b) Each cooking appliance must beinstalled so as to prevent its movementin heavy weather.

(c) Each grill or similar cookingappliance must have means to collectgrease or fat and to prevent its spillageonto wiring or the deck.

(d) On each cooking appliance, grabrails must be installed when determinedby the OCMI to be necessary for safety.

(e) On each cooking appliance, searails, with suitable barriers to preventaccidental movement of cooking pots,must be installed.

(f) Each heater must be constructedand installed so as to prevent thehanging from it of items such as towelsand clothing.

§ 130.230 Protection from refrigerants.(a) For each refrigeration system that

exceeds 20 cubic feet of storage capacityif using ammonia or other hazardousgas, or exceeds 1000 cubic feet ofstorage capacity if using a fluorocarbon,as a refrigerant, there must be a self-contained breathing apparatus available.

(b) Each self-contained breathingapparatus must be stowed convenientto, but outside of, the space containingthe refrigeration equipment.

(c) A complete recharge in the form ofa spare charge must be carried for eachself-contained breathing apparatus. Thespare charge must be stowed with theequipment it is to reactivate.

(d) Each self-contained breathingapparatus must be of a type approvedunder subpart 160.011 of this chapter.

(e) The self-contained breathingapparatus in the fireman’s outfitcomplies with this section.

§ 130.240 Anchors and chains.(a) Each OSV must be fitted with

anchors and chains meeting the


applicable standards set by the ABS forClassed Vessels, including equipment,except as permitted by paragraphs (b)and (c) of this section.

(b) As well as the standardsincorporated by paragraph (a) of thissection, the following apply:

(1) Except as provided by paragraph(c) of this section, standards of the ABSrelating to anchor equipment aremandatory, not precatory.

(2) Each vessel of under 200 feet (61meters) in length and with anequipment number from the ABS of lessthan 150 may be equipped with either—

(i) One anchor of the tabular weightand one-half the tabulated length ofanchor chain listed in the applicablestandard; or

(ii) Two anchors of one-half thetabular weight with the total length ofanchor chain listed in the applicablestandard, if both anchors are ready foruse at any time and if the windlass iscapable of heaving in either anchor.

(c) Standards of other classificationsocieties may be used, instead of thoseestablished by the ABS, upon approvalof the Commandant.

Subpart C—Navigational Equipment

§ 130.310 Radar.

Each OSV of 100 or more gross tonsmust be fitted with a general marineradar in the pilothouse.

§ 130.320 Electronic position-fixing device.

Each OSV must be equipped with anelectronic position-fixing devicesatisfactory for the area in which thevessel operates.

§ 130.330 Charts and nauticalpublications.

(a) Except as provided by paragraph(b) or (c) of this section, as appropriatefor the intended voyage, each OSV mustcarry adequate and up-to-date—

(1) Charts of large enough scale tomake safe navigation possible;

(2) U.S. Coast Pilot or similarpublication;

(3) Coast Guard Light List;(4) Tide Tables published by the

National Ocean Service;(5) Local Notice or Notices to

Mariners; and(6) Current Tables published by the

National Ocean Service, or a river-current publication issued by the U.S.Army Corps of Engineers or by a riverauthority, or both.

(b) Any OSV may carry, instead of thecomplete publications listed inparagraph (a) of this section, extractsfrom them for areas it will transmit.

(c) When operating in foreign waters,an OSV may carry an appropriate

foreign equivalent of any item requiredby paragraph (a) of this section.

§ 130.340 Compass.

Each OSV must be fitted with acompass suitable for the intendedservice of the vessel. Except aboard avessel limited to daytime operation, thecompass must be illuminated.

Subpart D—Automation of UnattendedMachinery Spaces


This subpart applies to each OSV of100 or more gross tons where automatedsystems either replace specificpersonnel in the control and observationof the propulsion system and machineryspaces or reduce the level of crewassociated with the vessel’s enginedepartment.

§ 130.410 General.

(a) Arrangements must be such thatunder any operating condition,including maneuvering, the safety of theOSV is equivalent to that of the samevessel with the machinery spaces fullytended and under direct manualsupervision.

(b) Acceptance by the Coast Guard ofautomated systems to replace specificcrew members or to reduce overallrequirements for crew membersdepends upon the—

(1) Capabilities of the automatedsystem;

(2) Combination of crew members,equipment, and systems necessary toensure the safety of the OSV, personnel,and environment in each operatingcondition, including maneuvering; and

(3) Ability of the crew members toperform each operational evolution,including to cope with emergenciessuch as fire and failure of control ormonitoring systems.

(c) Equipment, provided to eliminatecrew members in particular or to reducecrew members in general, that in thejudgment of the OCMI proves unsafe orunreliable must be immediatelyreplaced or repaired; otherwise, theOCMI will require added crew membersto compensate for the equipment’sinadequacy.

§ 130.420 Controls.

Each piece of machinery underautomatic control must have analternative manual means of control.

§ 130.430 Pilothouse control.

Each OSV must have, at thepilothouse, controls to start a fire pump,charge the fire main, and monitor thepressure in the fire main.

§ 130.440 Communications system.(a) Each OSV must have a

communications system to immediatelysummon a crew member to themachinery space wherever an alarm isrequired by § 130.460 of this subpart.

(b) The communications system mustbe either—

(1) An alarm that—(i) Is dedicated for this purpose;(ii) Sounds in the crew

accommodations and the normallymanned spaces; and

(iii) Is operable from the pilothouse;or

(2) A telephone operated from thepilothouse that reaches the master’sstateroom, engineer’s stateroom, engineroom, and crew accommodations thateither—

(i) Is a sound-powered telephone; or(ii) Gets its power from the emergency

switchboard or from an independentbattery continuously charged by its owncharger.

§ 130.450 Machinery alarms.(a) Each alarm required by § 130.460

of this subpart must be of the self-monitoring type that will both showvisibly and sound audibly upon anopening or break in the sensing circuit.

(b) The visible alarm must show untilit is manually acknowledged and thecondition is corrected.

(c) The audible alarm must sounduntil it is manually silenced.

(d) No silenced alarm may preventany other audible alarm from sounding.

(e) Each OSV must provide for testingeach visible and audible alarm.

(f) Each OSV must provide batterypower for the alarm required by§ 130.460(a)(8) of this subpart.

§ 130.460 Placement of machinery alarms.(a) Visible and audible alarms must be

installed at the pilothouse to indicatethe following:

(1) Loss of power for propulsioncontrol.

(2) Loss of power to the steering motoror for control of the main steering gear.

(3) Engine-room fire.(4) High bilge-level.(5) Low lube-oil pressure for each

main propulsion engine and each primemover of a generator.

(6) For each main propulsion engineand each prime mover of a generator—

(i) High lube-oil temperature; and(ii) High jacket-water temperature.(7) For each reduction gear and each

turbocharger with a pressurized oilsystem—

(i) Low lube-oil pressure; and(ii)High lube-oil temperature.(8) Loss of normal power for the

alarms listed in paragraphs (a)(1)through (a)(7) of this section.


(b) Sensors for the high-bilge-levelalarm required by paragraph (a)(4) ofthis section must be installed in—

(1) Each space below the deepest loadwaterline that contains pumps, motors,or electrical equipment; and

(2) The compartment that contains therudder post.

(c) Centralized displays must beinstalled in the machinery spaces toallow rapid evaluation of each problemdetected by the alarms required byparagraph (a) of this section.

Equipment-mounted gages or metersare acceptable for this purpose, if theyare grouped at a central site.

§ 130.470 Fire alarms.(a) Each fire detector and control unit

must be of a type specifically approvedby the Commandant (G–MMS).

(b) No fire-alarm circuit for the engineroom may contain a fire detector for anyother space.

(c) The number and placement of firedetectors must be approved by theOCMI.

§ 130.480 Test procedure and operationsmanual.

(a) A procedure for tests to beconducted on automated equipment bythe operator and the Coast Guard mustbe submitted to comply with § 127.110of this subchapter.

(b) The procedure for tests must—(1) Be in a sequential-checkoff format;(2) Include the required alarms,

controls, and communications; and(3) Set forth details of the tests.(c) Details of the tests must specify

status of equipment, functions necessaryto complete the tests, and expectedresults.

(d) No tests may simulate conditionsby misadjustments, artificial signals, orimproper wiring.

(e) A detailed operations manual thatdescribes the operation and indicatesthe location of each system installed tocomply with this part must besubmitted to comply with § 127.110 ofthis subchapter.

PART 131—OPERATIONS

Subpart A—Notice of Casualty and Recordsof Voyage

Sec.131.110 Notice and records.

Subpart B—Markings on Vessels

131.210 Hulls.131.220 Drafts.131.230 Loadlines and decklines.

Subpart C—Preparation for Emergencies

131.310 List of crew members and offshoreworkers.

131.320 Safety orientation for offshoreworkers.

131.330 Emergency instructions.131.340 Recommended placard for

emergency instructions.131.350 Station bill.131.360 Responsibilities of licensed or

certificated individuals.

Subpart D—Sufficiency and Supervision ofCrew of Survival Craft131.410 Certificate of proficiency.131.420 Manning and supervision.

Subpart E—Tests, Drills, and Inspections

131.505 Steering gear, whistle, and meansof communication.

131.510 Draft and loadline markings.131.513 Verification of compliance with

applicable stability requirements.131.515 Periodic sanitary inspections.131.520 Hatches and other openings.131.525 Emergency lighting and power.131.530 Abandon-ship training and drills.131.535 Firefighting training and drills.131.540 Operational readiness.131.545 Maintenance in general.131.550 Maintenance of falls.131.555 Spare parts and repair equipment.131.560 Weekly tests and inspections.131.565 Monthly tests and inspections.131.570 Quarterly inspections.131.575 Yearly inspections and repair.131.580 Servicing of inflatable liferafts,

inflatable lifejackets, inflatable buoyantapparatus, and inflatable rescue boats.

131.585 Periodic servicing of hydrostatic-release units.

131.590 Firefighting equipment.

Subpart F—Logs131.610 Logbooks and records.131.620 Matters that must be logged.131.630 Entries in official logbooks.

Subpart G—Work Vests131.710 Approved work vests of unicellular

plastic foam.131.720 Use.131.730 Shipboard stowage.131.740 Shipboard inspections.

Subpart H—Markings for Fire Equipmentand Emergency Equipment

131.800 General.131.805 General alarm bell, switch.131.810 General alarm bell.131.815 Alarm for fixed gaseous fire-

extinguishing systems.131.820 Branch lines of fire-extinguishing

system.131.825 Controls of fire-extinguishing

system.131.830 Fire-hose stations.131.835 Portable fire extinguishers.131.840 Emergency lighting.131.845 Instructions for shift of steering

gear.131.850 Rudder orders.131.855 Lifeboats and rescue boats.131.860 Rigid liferafts.131.865 Inflatable liferafts and inflatable

buoyant apparatus.131.870 Lifefloats and buoyant apparatus.131.875 Lifejackets, immersion suits, and

ring lifebuoys.131.880 Fire hoses and axes.131.885 Portable magazine chests.131.890 EPIRBs and SARTs.

131.893 Watertight doors and watertighthatches.

131.896 Remote stopping-systems.131.899 Fire dampers.

Subpart I—Miscellaneous

131.905 Statutory penalties.131.910 Notices to mariners and aids to

navigation.131.915 Persons allowed in pilothouse and

on navigational bridge.131.920 Level of manning.131.925 Compliance with provisions of

Certificate of Inspection.131.930 Display of stability letter.131.935 Prevention of oil pollution.131.940 Marine sanitation device.131.945 Display of plans.131.950 Placard on lifesaving signals and

helicopter recovery.131.955 Display of license.131.960 Use of auto-pilot.131.965 Sounding of whistle.131.970 Unauthorized lighting.131.975 Searchlights.131.980 Lookouts and watches.

Authority: 33 U.S.C. 1321(j); 46 U.S.C.3306, 6101, 8105, 10104; E.O. 12234, 45 FR58801, 3 CFR, 1980 Comp., p. 277; 49 CFR1.46.

Subpart A—Notice of Casualty andRecords of Voyage

§ 131.110 Notice and records.

Each OSV must meet therequirements of part 4 of this chapter forreporting marine casualties andretaining voyage records.

Subpart B—Markings on Vessels

§ 131.210 Hulls.

Each OSV must be marked as requiredby parts 67 and 69 of this chapter.

§ 131.220 Drafts.

(a) Each OSV must have the drafts ofthe vessel plainly and legibly markedupon the stem and upon the sternpostor rudderpost, or at any place at thestern of the vessel that may be necessaryfor easy observance. The bottom of eachmark must indicate the draft.

(b) Each draft must be taken from thebottom of the keel to the surface of thewater at the location of the marks.

(c) When, because of raked stem orcutaway skeg, the keel does not extendforward or aft to the draft markings, thedatum line from which the draft is takenmust be the line of the bottom of thekeel projected forward or aft, as the casemay be, to where the line meets that ofthe draft markings projected downward.

(d) When a skeg or other appendageextends below the line of the keel, thedraft at the end of the OSV adjacent tothat appendage must be measured to aline tangent to the lowest part of theappendage and parallel to the line of thebottom of the keel.


(e) Drafts must be separated so thatthe projections of the marks onto avertical plane are of uniform height,equal to the vertical spacing betweenconsecutive marks.

(f) Marks must be painted in a colorcontrasting with that of the hull.

(g) Where marks are obscured becauseof operational constraints or byprotrusions, the OSV must be fitted witha reliable draft-indicating system fromwhich the drafts at bow and stern canbe determined.

§ 131.230 Loadlines and decklines.Each OSV assigned a loadline must

have loadline markings and deck-linemarkings permanently scribed orembossed as required by subchapter E ofthis chapter.

Subpart C—Preparations forEmergencies

§ 131.310 List of crew members andoffshore workers.

(a) The master of each OSV shall keepa correct list containing the name ofeach person that embarks upon anddisembarks from the vessel.

(b) The list required by paragraph (a)of this section must be prepared beforethe OSV’s departure on a voyage, anddeposited ashore—

(1) At the facility from which the crewmembers and offshore workersembarked;

(2) In a well-marked place at thevessel’s normal berth; or

(3) With a representative of the owneror managing operator of the vessel.

§ 131.320 Safety orientation for offshoreworkers.

(a) Before an OSV gets under way ona voyage, the master shall ensure thatsuitable public announcements aremade informing each offshore workerof—

(1) In general terms, emergency andevacuation procedures;

(2) Locations of emergency exits andof embarkation areas for survival craft;

(3) Locations of stowage of lifejacketsand immersion suits;

(4) With demonstration, propermethod or methods of donning andadjusting lifejackets and immersionsuits of the type or types carried on thevessel;

(5) Locations of the instructionplacards for lifejackets and otherlifesaving devices;

(6) Explanation that each offshoreworker shall don an immersion suit anda lifejacket when the master determinesthat hazardous conditions do or mightexist but that offshore workers may donlifejackets whenever they feel itnecessary;

(7) Which hazardous conditions mightrequire the donning of lifejackets andimmersion suits;

(8) Types and locations of any otherlifesaving device carried on the vessel;

(9) Locations and contents of the‘‘Emergency Instructions’’ required by§ 131.330;

(10) Survival craft to which assigned;(11) Any hazardous materials on the

vessel; and(12) Any conditions or circumstances

that constitute a risk to safety.(b) The master of each OSV shall

ensure that each offshore workerboarding the vessel on a voyage after theinitial public announcement has beenmade as required by paragraph (a) ofthis section also hears the informationin paragraph (a) of this section.

§ 131.330 Emergency instructions.

(a) Except as otherwise provided bythis section, the master of each OSVshall prepare and post durableemergency-instruction placards inconspicuous locations accessible to thecrew members and offshore workers.

(b) The instruction placards mustcontain the recommended ‘‘EmergencyInstructions’’ listed in § 131.340 that, inthe judgment of the OCMI, apply. Theplacards must be further designed toaddress the equipment, arrangement,and operation peculiar to each OSV.

§ 131.340 Recommended placard foremergency instructions.

The following is a recommendedformat and content of the placard foremergency instructions:

Emergency Instructions

(a) Rough weather at sea, crossing ofhazardous bars, or flooding.

(1) Close each watertight andweathertight door, hatch, and air-port toprevent taking water aboard or furtherflooding in the OSV.

(2) Keep bilges dry to prevent loss ofstability from water in bilges. Usepower-driven bilge pump, hand pump,and buckets to dewater.

(3) Align fire pumps to serve as bilgepumps if possible.

(4) Check, for leakage, each intake anddischarge line that penetrates the hull.

(5) Offshore workers remain seatedand evenly distributed.

(6) Offshore workers don immersionsuits (if required aboard) or lifejackets ifthe going becomes very rough, if thevessel is about to cross a hazardous bar,if flooding begins, or when ordered toby the master.

(7) Never abandon the vessel unlessactually forced to, or ordered to by themaster.

(8) Prepare survival craft—life floats,(inflatable) rafts, (inflatable) buoyantapparatus, and boats—for launching.

(b) ‘‘Man overboard’’.(1) Throw a ring buoy into the water

as close to the person overboard aspossible.

(2) Post a lookout to keep the personoverboard in sight.

(3) Launch the rescue boat andmaneuver it to pick up the personoverboard, or maneuver the OSV to pickup the person.

(4) Have a crew member put on animmersion suit or lifejacket, have asafety line made fast to the crewmember, and have the crew memberstand by to jump into the water to assistthe person overboard if necessary.

(5) If the person overboard is notimmediately located—

(i) Notify other vessels in the vicinity,and the Coast Guard; and

(ii) Continue searching until releasedby the Coast Guard.

(c) Fire.(1) Cut off air to the fire: close

hatches, ports, doors, manualventilators, and the like and shut off theventilation system.

(2) Deenergize electrical systemssupplying the affected compartment.

(3) Immediately use a portable fireextinguisher aimed at the base of theflames. Never use water on electricalfires.

(4) If the fire is in machinery spaces,shut off the fuel supply and ventilationsystem and activate any fixedextinguishing-system.

(5) Maneuver the OSV to minimizethe effect of wind on the fire.

(6) If unable to control the fire, notifyother vessels in the vicinity, and theCoast Guard.

(7) Move offshore workers away fromfire; have them don lifejackets and, ifnecessary, prepare to abandon the OSV.

§ 131.350 Station bill.(a) The master of each OSV shall post

a station bill if the vessel’s Certificate ofInspection requires more than four crewmembers, including the master.

(b) The station bill must be posted inthe pilothouse and in conspicuousplaces in crew members’ and offshoreworkers’ accommodations.

(c) The station bill must set forth thespecial duties and duty stations of eachcrew member for various emergencies.The duties must, as far as possible, becomparable to and compatible with theregular work of the member. The dutiesmust include at least the following andshould comprise any other dutiesnecessary for the proper handling of aparticular emergency:

(1) The closing of hatches, air-ports,watertights doors, vents, and scuppers,


and of intake valves and discharge linesthat penetrate the hull; the stopping offans and ventilating systems; and theoperating of safety equipment.

(2) The preparing and launching ofsurvival craft and rescue boats.

(3) The extinguishing of fire.(4) The mustering of offshore workers,

which includes—(i) Assembling them and seeing that

they are properly dressed and havedonned their immersion suits andlifejackets; and

(ii) Directing them to their appointedstations.

§ 131.360 Responsibilities of licensed orcertificated individuals.

Nothing in the emergency instructionsor in any station bill required by thissubpart exempts any licensed orcertificated individual from the exerciseof good judgment in an emergency.

Subpart D—Sufficiency andSupervision of Crew of Survival Craft

§ 131.410 Certificate of proficiency.

A merchant mariner’s document withan endorsement of lifeboatman oranother inclusive rating under part 12 ofthis title is evidence of training insurvival craft and serves as a certificateof proficiency. For this subpart, a‘‘certificated’’ person is a personholding a merchant mariner’s documentwith such an endorsement.

§ 131.420 Manning and supervision.

(a) There must be enough trainedpersons aboard each survival craft tomuster and assist untrained persons.

(b) Except as permitted by paragraph(c)(2) of this section, there must beenough deck officers, able seamen, orother certificated persons aboard eachsurvival craft to manage the launchingand handling of the survival craft.

(c) One person must be placed incharge of each survival craft to be used.

(1) Except as permitted by paragraph(c)(2) of this section, the person incommand must be a deck officer, ableseaman, or other certificated person.

(2) Considering the nature of thevoyage, the number of personspermitted aboard, and thecharacteristics of the OSV, includinggross tonnage, the OCMI may permitpersons practiced in the handling ofliferafts to be placed in charge ofliferafts instead of persons requiredunder paragraph (c)(1) of this section.

(3) A deck officer, able seaman, orother certificated person shall serve assecond-in-command for each lifeboateither—

(i) Carried on a vessel in oceanservice; or

(ii) Permitted to carry more than 40persons.

(d) The person in charge and thesecond-in-command of each survivalcraft shall have a list of crew membersand offshore workers assigned to thecraft and shall see that the crewmembers are acquainted with theirduties.

(e) Each motorized survival craft musthave assigned a person capable ofoperating the engine and carrying outminor adjustments.

(f) The master shall ensure that thepersons required under paragraphs (a),(b), and (c) of this section are equitablydistributed among the OSV’s survivalcraft.

Subpart E—Tests, Drills, andInspections

§ 131.505 Steering gear, whistle, andmeans of communication.

(a) On each OSV expected to be awayfrom shore for more than 48 hours, themaster shall examine and test thesteering gear, the whistle, and the meansof communication between thepilothouse and the engine room 12 orfewer hours before departure. On everyother vessel, the master shall do thesame at least once a week.

(b) The date of each test andexamination and the condition of theequipment must be noted in the OSV’slogbook.

§ 131.510 Draft and loadline markings.(a) The master of each OSV on an

ocean or coastwise voyage shall enter inthe vessel’s logbook the drafts of thevessel, forward and aft, when leavingport.

(b) The master of each OSV subject tothe requirements of subchapter E of thischapter shall, upon departure from porton an ocean or coastwise voyage, enterin the vessel’s logbook a statement ofthe position of the loadline markings,port and starboard, relative to thesurface of the water in which the vesselis then floating.

(c) If the master when recording draftcompensates for the density of the waterin which the OSV is floating, he or sheshall note this density in the vessel’slogbook.

§ 131.513 Verification of compliance withapplicable stability requirements.

(a) After loading but before departure,and at other times necessary to assurethe safety of the OSV, the master shallverify that the vessel complies withrequirements in its trim-and-stabilitybook, stability letter, Certificate ofInspection, and Loadline Certificate,whichever apply, and then enter astatement of the verification in the

logbook. The vessel may not leave portuntil it is in compliance with theserequirements.

(b) When determining compliancewith applicable stability requirements,the master shall ascertain the OSV’sdraft, trim, and stability as necessary;and any stability calculations made insupport of the determination mustremain aboard the vessel for theduration of the voyage.

§ 131.515 Periodic sanitary inspections.(a) The master shall make periodic

inspections of the quarters, toilet andwashing spaces, serving pantries,galleys, and the like, to ensure thatthose spaces are maintained in asanitary condition.

(b) The master shall enter in theOSV’s logbook the results of theseinspections.

§ 131.520 Hatches and other openings.Before any OSV leaves protected

waters, the master shall ensure thatexposed cargo hatches and otheropenings in the hull are closed; madeproperly watertight by the use oftarpaulins, gaskets, or similar devices;and properly secured for sea.

§ 131.525 Emergency lighting and power.(a) The master of each OSV shall

ensure that fitted systems for lightingand power in emergencies are tested atleast once each week that the vessel isoperated, to verify that they work.

(b) The master shall ensure thatemergency generators driven byinternal-combustion engines run underload for at least 2 hours at least onceeach month that the OSV is operated.

(c) The master shall ensure thatstorage batteries driving fitted systemsfor emergency lighting and power aretested at least once each 6 months thatthe OSV is operated, to demonstrate theability of the batteries to supply theemergency loads for the period specifiedby Table 112.05–5(a) of this chapter forcargo vessels.

(d) The date of each test and thecondition and performance of theapparatus must be noted in the OSV’slogbook.

§ 131.530 Abandon-ship training and drills.(a) Material for abandon-ship training

must be present on each OSV. Thematerial must consist of a manual of oneor more volumes, or audiovisualtraining aids, or both.

(1) The material must containinstructions and information about thelifesaving appliances aboard the vesseland about the best methods of survival.Any manual must be written in easilyunderstood terms, illustrated whereverpossible.


(2) If a manual is used, there must bea copy in each messroom and recreationroom for crew members or in eachstateroom for them. If audiovisual aidsare used, they must be incorporated inthe training sessions aboard underparagraph (d) of this section.

(3) The material must explain the—(i) Method of donning immersion

suits and lifejackets carried aboard;(ii) Mustering at assigned stations;(iii) Proper boarding, launching, and

clearing of survival craft and rescueboats;

(iv) Method of launching survivalcraft by people within them;

(v) Method of releasing survival craftfrom launching-appliances;

(vi) Use of devices for protectingsurvival craft in launching-areas, whereappropriate;

(vii) Illumination of launching-areas;(viii) Use of each item of survival

equipment;(ix) Instructions for emergency repair

of lifesaving appliances;(x) Use of radio lifesaving-appliances,

with illustrations;(xi) Use of sea anchors;(xii) Use of engine and accessories,

where appropriate;(xiii) Recovery of survival craft and

rescue boats, including stowage andsecuring;

(xiv) Hazards of exposure and needfor warm clothing;

(xv) Best use of survival craft forsurvival; and

(xvi) Methods of retrieving personnel,including use of helicopter-mountedrescue gear (slings, baskets, stretchers)and vessel’s line-throwing apparatus.

(b) An abandon-ship drill must beheld on each OSV in alternate weeks. Ifnone can be held during the appointedweek, because of bad weather or otherunavoidable constraint, one must beheld at the first opportunity afterward.If the crew changes more than once inany 2 weeks, one must be held as soonafter the arrival of each crew aspracticable.

(1) Any crew member excused froman abandon-ship drill must participatein the next one, so that each memberparticipates in at least one each month.Unless more than 25 percent of themembers have participated in one onthat particular vessel in the previousmonth, one must be held before thevessel leaves port if reasonable andpracticable; but, unless theCommandant (G–MMS) acceptsarrangements as at least equivalent, onemust be held not later than 24 hoursafter the vessel leaves port in any event.

(2) On a voyage likely to take morethan 24 hours to complete:

(i) A muster of offshore workers mustbe held on departure. The master shall

ensure that each worker is assigned toa survival craft and is told where to findit. Each person in charge of such a craftshall maintain a list of workers assignedto the craft.

(ii) On a voyage likely to take 24 orfewer hours to complete, the mastershall call the attention of each offshoreworker to the emergency instructionsrequired by § 131.330.

(3) Each abandon-ship drill mustinclude:

(i) Summoning of crew members andoffshore workers to survival craft withthe general alarm.

(ii) Simulation of an abandon-shipemergency that varies from drill to drill.

(iii) Reporting of crew members andoffshore workers to survival craft, andpreparing for, and demonstrating theduties assigned under the proceduredescribed in the station bill for, theparticular abandon-ship emergencybeing simulated.

(iv) Checking to see that crewmembers and offshore workers aresuitably dressed.

(v) Checking to see that immersionsuits and lifejackets are correctlydonned.

(vi) Lowering of at least one lifeboat(far enough that the davit head hascompleted its travel and the fall wire ofthe lifeboat has begun to pay out) or, ifno lifeboats are required, lowering ofone rescue boat, after any necessarypreparation for launching.

(vii) Starting and operating of theengine of the lifeboat or rescue boat.

(viii) Operation of davits used forlaunching liferafts.

(4) As far as practicable, at successivedrills different lifeboats must belowered to meet the requirements ofparagraph (b)(3)(vi) of this section.

(5) As far as practicable, eachabandon-ship drill must be conductedas if there were an actual emergency.

(6) Each lifeboat must be launchedwith its assigned crew aboard during anabandon-ship drill, and be maneuveredin the water, at least once each 3 monthsthat the OSV is operated.

(7) Each rescue boat must be launchedwith its assigned crew aboard and bemaneuvered in the water—

(i) Once each month that the OSV isoperated, if reasonable and practicable;but

(ii) In any event, at least once each 3months that the OSV is operated.

(8) If drills for launching lifeboats andrescue boats are carried out with thevessel making headway, the drills must,because of the danger involved, bepracticed only in waters where the drillsare safe, under the supervision of anofficer experienced in such drills.

(9) At least one abandon-ship drilleach 3 months must be held at night,unless the master determines it unsafe.

(10) Emergency lighting for musteringand abandonment must be tested at eachabandon-ship drill.

(c) The master of each OSV carryingimmersion suits shall ensure that—

(1) Each crew member either—(i) Wears an immersion suit in at least

one abandon-ship drill a month unlessit is impracticable because of warmweather; or

(ii) Participates in at least oneimmersion-suit drill a month thatincludes donning an immersion suit andbeing instructed in its use;

(2) In each abandon-ship drill, eachoffshore worker aboard is instructed inthe use of immersion suits; and

(3) Each offshore worker is told at thebeginning of the voyage whereimmersion suits are stowed aboard andis encouraged to read the instructionsfor donning and using the suits.

(d) Each crew member aboard theOSV must be given training in the useof lifesaving appliances and in theduties assigned by the station bill.

(1) Except as provided by paragraph(d)(2) of this section, training aboard inthe use of the vessel’s lifesavingappliances, including equipment onsurvival craft, must be given to eachcrew member as soon as possible butnot later than 2 weeks after the memberjoins the vessel.

(2) If a crew member is on a regularlyscheduled rotating assignment to avessel, training aboard in the use of thevessel’s lifesaving appliances, includingequipment on survival craft, must begiven to the member not later than 2weeks after the member first joins thevessel.

(3) Each crew member must beinstructed in the use of the vessel’slifesaving equipment and appliancesand in survival at sea during alternateweeks, normally in the weeks whenabandon-ship drills are not held. Ifindividual instructional sessions coverdifferent parts of the vessel’s lifesavingsystem, they must cover each part of thevessel’s lifesaving equipment andappliances each 2 months. Each membermust be instructed in at least—

(i) Operation and use of the vessel’sinflatable liferafts;

(ii) Problems of hypothermia, first aidfor hypothermia, and other appropriateprocedures; and

(iii) Special procedures necessary foruse of the vessel’s lifesaving equipmentand appliances in heavy weather.

(4) Training in the use of davit-launched inflatable liferafts must takeplace at intervals of not more than 4months on each vessel with such


liferafts. Whenever practicable this mustinclude the inflation and lowering of aliferaft. If this liferaft is a special oneintended for training only, and is notpart of the vessel’s lifesaving system, itmust be conspicuously so marked.

(e) Dates when musters are held,details of abandon-ship drills, drills onother lifesaving equipment andappliances, and training aboard must beentered in the OSV’s official logbook.Each logbook entry must include thefollowing, as applicable:

(1) Time and date.(2) Length of drill or training session.(3) Identification of survival craft used

in drills.(4) Subject of training session.(5) Statement on the condition of the

equipment used.(6) Unless a full muster, drill, or

training session is held at the appointedtime, the circumstances and the extentof the muster, drill, or training sessionheld.

§ 131.535 Firefighting training and drills.(a) A fire drill must be held on each

OSV, normally in alternate weeks, Itmust not be held as part of the abandon-ship drill, nor immediately before orafter the abandon-ship drill. If none canbe held on schedule, because of badweather or other unavoidable constraint,one must be held at the nextopportunity.

(b) Any crew member excused from afire drill must participate in the nextone, so that each member participates inat least one each month. Unless morethan 25 percent of the members haveparticipated in one on that particularOSV in the previous month, one mustbe held before the vessel leaves port ifreasonable and practicable; but, unlessthe Commandant (G–MMS) acceptsarrangements as at least equivalent, onemust be held not later than 24 hoursafter the vessel leaves port in any event.

(c) Each fire drill must include:(1) Summoning of crew members and

offshore workers to their stations withthe general alarm.

(2) Simulation of a fire emergency thatvaries from drill to drill.

(3) Reporting of crew members andoffshore workers to stations, andpreparing for, and demonstrating of theduties assigned under the proceduredescribed in the station bill for, theparticular fire emergency beingsimulated.

(4) Starting of fire pumps and use ofa sufficient number of outlets todetermine that the system is workingright.

(5) Bringing out of each breathingapparatus and other item of rescue andsafety equipment from the emergency-

equipment lockers, and demonstratingof the use of each item by the person orpersons that will make use of it.

(6) Operation of each watertight door.(7) Operation of each self-closing fire

door.(8) Closing of each fire door and each

door within the fire boundary.(9) Closing of each ventilation closure

of each space protected by a fixed fire-extinguishing system.

(d) Each fire drill must, as far aspracticable, be conducted as if therewere an actual emergency.

(e) The dates when fire drills are held,and details of training in fire fightingand of fire drills, must be entered in theOSV’s official logbook. Each logbookentry must include the following, asapplicable:

(1) Time and date.(2) Length of drill or training session.(3) Number and lengths of hose used.(4) Subject of training session.(5) Statement on the condition of the

equipment used.(6) Unless a full drill or training

session is held at the appointed time,the circumstances and the extent of thedrill or training session held.

§ 131.540 Operational readiness.(a) Except as provided by § 131.545(e)

of this subpart, each lifesavingappliance and each item of equipmentfor a lifeboat, liferaft, survival craft,rescue boat, life float, or buoyantapparatus must be in good workingorder and ready for immediate usebefore the OSV leaves port and at anytime when the vessel is away from port.

(b) Each deck where a lifeboat, liferaft,survival craft, rescue boat, life float, orbuoyant apparatus is stowed, launched,or boarded must be kept clear ofobstructions that would interfere withthe breaking out, launching, or boardingof the lifesaving appliance.

§ 131.545 Maintenance in general.(a) For each lifesaving appliance, the

manufacturer’s instructions formaintenance of the appliances aboardmust be aboard and must include thefollowing:

(1) Checklists for use in theinspections required by § 131.565(a) ofthis subpart.

(2) Instructions for maintenance andrepair.

(3) A schedule of periodicmaintenances.

(4) A diagram of lubrication pointswith the recommended lubricants.

(5) A list of replaceable parts.(6) A list of sources of spare parts.(7) A log for records of inspections,

maintenance, and repair.(b) The master shall ensure that

maintenance is carried out to comply

with the instructions required byparagraph (a) of this section.

(c) For lifesaving appliancesconstructed on or before July 1, 1986,paragraph (a) of this section need becomplied with only to the extent thatappliances’ manufacturers’ instructionsare available.

(d) The OCMI may accept, instead ofthe instructions required by paragraph(a) of this section, a program for plannedshipboard maintenance that includesthe items listed in that paragraph.

(e) If lifeboats and rigid liferafts aremaintained and repaired while the OSVis under way, there must be enoughlifeboats and rigid liferafts available foruse on each side of the vessel toaccommodate each person aboard thevessel.

(f) Except in an emergency, noextensive repairs or alterations may bemade to any lifesaving appliancewithout advance notice to the OCMI. Asfar as possible, each repair or alterationmust be made to comply with therequirements for the appliance insubchapter Q of this chapter. The OCMImay require each appliance that hasbeen extensively repaired or in any wayaltered to undergo each pertinent test insubchapter Q.

(g) The master shall report eachemergency repair or alteration to alifesaving appliance, as soon aspracticable, either to the OCMI in thenext ports in the United States wherethe OSV calls or, if the OSV does notregulatory call at ports in the UnitedStates, to the OCMI responsible for thenext foreign port where the vessel calls.

(h) No lifeboat or rigid liferaft may berepaired or reconditioned for use on anOSV other than the one it was originallybuilt for, unless specifically permittedby the OCMI. The lifeboat or rigidliferaft must be so repaired orreconditioned under the supervision ofthe OCMI, unless the OCMI specificallyallows otherwise.

§ 131.550 Maintenance of falls.(a) Each fall used with a launching

appliance must be turned end for endoat intervals of not more than 30months.

(b) Each fall used with a launchingappliance must be renewed either whennecessary because of deterioration orafter the passage of not more than 5years, whichever occurs earlier.

(c) Each fall used with a launchingappliance must have a corrosion-resistant tag permanently markedwith—

(1) The date the new fall wasinstalled; and

(2) The last date, if any, the fall wasturned end for end.


§ 131.555 Spare parts and repairequipment.

Spare parts and repair equipmentmust be provided for each lifesavingappliance and component that either issubject to excessive wear orconsumption or needs to be replacedregularly. These parts and equipmentmust be kept aboard the OSV, exceptthat, if the vessel operates daily out ofthe same shore base, they may be keptat that base.

§ 131.560 Weekly tests and inspections.The following tests and inspections

must be carried out weekly:(a) Each lifesaving appliance and

launching appliance must be visuallyinspected to ensure that it is ready foruse.

(b) Each engine of a lifeboat or arescue boat must be run ahead andastern for not less than 3 minutes,unless the ambient temperature is belowthe minimal temperature required forstarting the engine.

(c) The general alarm system must beactivated.

(d) Each battery for starting the engineof a lifeboat or a rescue boat, or forenergizing a searchlight, a fixedinstallation of a radio in a lifeboat, or aportable radio, must be brought up tofull charge at least once a week if thebattery is—

(1) Of a type that requires recharging;and

(2) Not connected to a device thatkeeps it continuously charged.

(e) The transmitter of each fixedinstallation of a radio in a lifeboat andthat of each portable radio must be triedout at least once a week with a dummyantenna load.

§ 131.565 Monthly tests and inspections.(a) Each lifesaving appliance,

including lifeboat equipment, must beinspected monthly against the checklistrequired by § 131.545(a)(1) of thissubpart to ensure that it is aboard andin good order. A report of theinspection, including a statement on thecondition of the appliance, must beentered in the OSV’s logbook.

(b) Each emergency positionindicating radio beacon (EPIRB) andeach search and rescue transponder(SART), other than an EPIRB or SARTin an inflatable liferaft, must be testedmonthly. The EPIRB must be testedusing the integrated test circuit and theoutput indicator to determine that itworks.

§ 131.570 Quarterly inspections.(a) Each apparatus that controls a

lifeboat winch, including motorcontrollers, emergency switches, master

switches, and limit switches, must beinspected once each 3 months.

(b) The inspection must involve theremoval of drain plugs and the openingof drain valves to ensure that enclosuresare free of water.

(c) The date of the inspection requiredby this section and the condition of theequipment must be entered in the OSV’slogbook.

§ 131.575 Yearly inspections and repair.(a) Each lifeboat, rescue boat, rigid

liferaft, buoyant apparatus, and life floatmust be stripped, cleaned, andthoroughly inspected and repaired asneeded at east once a year. Thisprocedure includes emptying andcleaning each fuel tank and refilling itwith fresh fuel.

(b) Each davit, winch, fall, and otherlaunching-appliance must be thoroughlyinspected and repaired as needed oncea year.

(c) Each item of survival equipmentwith an expiration date must bereplaced during the annual inspectionand repair if this date has passed.

(d) Each battery used in an item ofsurvival equipment and clearly markedwith an expiration date must bereplaced during the annual inspectionand repair if this date has passed.

(e) Except a storage battery used in alifeboat or in a rescue boat, each batteryused in an item of survival equipmentand not clearly marked with anexpiration date must be replaced duringthe annual inspection and repair.

(f) Compliance with the requirementsof this section does not relieve themaster or person in charge of the dutyof compliance with requirements in§ 131.540(a) of this subpart to keep theequipment ready for immediate usewhen the OSV is under way.

§ 131.580 Servicing of inflatable liferafts,inflatable lifejackets, inflatable buoyantapparatus, and inflated rescue boats.

(a) Each inflatable liferaft, inflatablelifejacket, inflatable buoyant apparatus,and hybrid inflatable lifejacket or workvest must be serviced within 12 monthsof—

(1) Its initial packing; and(2) Each subsequent servicing, except

when a servicing due after 12 months isdelayed not more than 5 months untilthe next scheduled inspection of theOSV.

(b) Each inflatable liferaft andinflatable buoyant apparatus must beserviced—

(1) Whenever the container of the raftis damaged, or the straps or seal broken;and

(2) In compliance with subpart160.051 of this chapter.

(c) Each inflatable lifejacket must beserviced in compliance with subpart160.176 of this chapter.

(d) Each hybrid inflatable lifejacket orwork vest must be serviced incompliance with subpart 160.077 of thischapter.

(e) Repair and maintenance of inflatedrescue boats must follow themanufacturers’ instructions. Eachrepair, except an emergency repair madeaboard the OSV, must be made atservicing facilities approved by theCommandant (G–MMS).

§ 131.585 Periodic servicing ofhydrostatic-release units.

(a) Except a disposable hydrostatic-release unit with an expiration date,each hydrostatic-release unit must beserviced—

(1) Within 12 months of itsmanufacture and within 12 months ofeach subsequent servicing, except whena servicing due after 12 months isdelayed not more than 5 months untilthe next scheduled inspection of theOSV; and

(2) In compliance with subpart160.062 of this chapter.

(b) The springs of each spring-tensioned gripe used with a hydrostatic-release unit must be renewed when theunit is serviced and tested.

§ 131.590 Firefighting equipment.

(a) The master shall ensure that theOSV’s required firefighting equipment ison board in the prescribed location andalways ready for use, other than whenthe equipment is being serviced.

(b) The master shall, at least onceeach 12 months, ensure the performanceof the tests and inspections of eachportable fire extinguisher, semiportablefire extinguisher, and fixed fire-extinguishing system aboard describedby Tables 132.350(a) and 132.350(b) ofthis subchapter.

(c) The master shall keep records ofthese tests and inspections, showing thedates of their performance, the numberor other identification of each unitundergoing them, and the name of theperson or company conducting them.The records must be made available tothe marine inspector upon request andmust be kept for the period of validityof the OSV’s current Certificate ofInspection.

(d) The conducting of tests andinspections required by this sectiondoes not relieve the master of hisresponsibility to maintain theprescribed firefighting equipment inworking order for use at any time whenthe OSV is under way.


Subpart F—Logs

§ 131.610 Logbooks and records.

(a) Each OSV must by statute, or byregulations in this subchapter, havecertain logbooks or records. The mastershall make specific entries required bystatute, or by regulations in thissubchapter.

(b) 46 U.S.C. 11301 states that a vesselof the United States, except one on avoyage from a port in the United Statesto a port in Canada, shall have anofficial logbook if the vessel is—

(1) On a voyage from a port in theUnited States to a foreign port; or

(2) Of at least 100 gross tons and ona voyage between a port in the UnitedStates on the Atlantic Ocean and one onthe Pacific Ocean.

(c) The Coast Guard gratuitouslyfurnishes to masters of vessels of theUnited States the official logbook asForm CG–706B or CG–706C, dependingupon the number of persons employedas crew. The first several pages of thislogbook list various acts of Congressgoverning logbooks and the entriesrequired in them.

(d) When a voyage is completed, orafter a specified time has elapsed, themaster shall file the official logbookcontaining required entries with theOCMI at or nearest the port where thevessel may be.

(e) Unless an official logbook isrequired, the owner, operator, or mastershall supply an alternative log or recordfor making entries required by law,including regulations in this subchapter.This log or record need not be filed withthe OCMI, but must be kept available forreview by a marine inspector for a yearafter the date that the latest entryconcerns.

§ 131.620 Matters that must be logged.

The following matters must beentered in each OSV’s logbook:

(a) Safety Orientation for OffshoreWorkers. As held. See § 131.320.

(b) Tests and inspection of SteeringGear, Whistle, and Means ofCommunication. Before departure. See§ 131.505.

(c) Draft and Loadline Markings.Before leaving port. Ocean andcoastwise voyages only. See § 131.510.

(d) Verification of Compliance withApplicable Stability Requirements. See§ 131.513.

(e) Periodic Sanitary Inspections.After periodic sanitary inspectionsmade by the master. See § 131.515.

(f) Hatches and Other Openings. Eachopening and closing, or departure fromport without closing (except by vesselson protected waters). See § 131.520.

(g) Tests of Emergency Lighting andPower. Weekly and twice-yearly. See§ 131.525.

(h) Abandon-Ship Training and Drills,and Firefighting Training and Drills. Asheld. See §§ 131.530 and 131.535.

(i) Inspection of Lifeboat Winches.Once each 3 months. See § 131.570.

§ 131.630 Entries in official logbooks.

On each OSV required to have anOfficial Logbook, the items required by46 U.S.C. 11301 must be entered in thelogbook, as well as the items required by§ 131.620.

Subpart G—Work Vests

§ 131.710 Approved work vests ofunicellular plastic foam.

Each buoyant work vest carriedaboard must be approved under subpart160.053 of this chapter or, as acommercial hybrid personal flotationdevice, under subpart 160.077 of thischapter.

§ 131.720 Use.(a) An approved buoyant work vest is

an item of safety apparel and may becarried aboard for wear by a crewmember when working near or over thewater.

(b) The vest may not count against anOSV’s complement of lifejackets.

(c) The vest may not be worn insteadof a lifejacket during a drill.

§ 131.730 Shipboard stowage.(a) The master shall ensure that no

buoyant work vest is stowed where anylifejacket is stowed.

(b) Each space containing a vest mustbe marked ‘‘WORK VEST’’.

§ 131.740 Shipboard inspections.Each buoyant work vest must be

subject to examination by a marineinspector, to determine itsserviceability. If found serviceable, itmay continue in service; but no buoyantwork vest is stamped as inspected. If notfound serviceable, and if determinedirreparable by the inspector, a buoyantwork vest must be destroyed in thepresence of the inspector.

Subpart H—Markings for FireEquipment and Emergency Equipment

§ 131.800 General.

(a) This section prescribes markingsnecessary for the guidance of personsaboard in case of an emergency. Themarkings may be modified or omitted, ifthey are unnecessary because the OSVis small or particular circumstanceswarrant and if the OCMI approves.

(b) Each stateroom notice, directionalsign, and the like must be printed in

English and in other languagesappropriate to the service of the OSV.

(c) Where this subpart specifies redletters, letters of a contrasting color ona red background are acceptable.

§ 131.805 General alarm bell, switch.

The switch in the pilothouse thatactivates the general alarm bell must beclearly and permanently identifiedeither by letters on a metal plate or witha sign in red letters on a suitablebackground: ‘‘GENERAL ALARM.’’

§ 131.810 General alarm bell.

Each general alarm bell must beidentified by red letters at least 1⁄2-inchhigh: ‘‘GENERAL ALARM—WHENBELL RINGS GO TO YOUR STATION.’’

§ 131.815 Alarm for fixed gaseous fireextinguishing system.

Each alarm for a fixed gaseous fireextinguishing system must beconspicuously identified: ‘‘WHENALARM SOUNDS, LEAVE AT ONCE:[CARBON DIOXIDE] [HALON] BEINGRELEASED.’’

§ 131.820 Branch lines of fireextinguishing system.

The valves of each branch line in thefire extinguishing system must beplainly and permanently marked,indicating the spaces served.

§ 131.825 Controls of fire extinguishingsystem.

Each control cabinet or spacecontaining a valve or manifold for a fireextinguishing system must be distinctlymarked in conspicuous red letters atleast 2 inches high: ‘‘FIRE APPARATUSFOR [CARBON DIOXIDE] [HALON]’’.

§ 131.830 Fire host stations.

Each fire station must be identified inred letters and figures at least 2 incheshigh: ‘‘FIRE STATION #1,’’ ‘‘* * * 2,’’‘‘* * * 3,’’ and so on. Where the hoseis not so stowed in the open or behindglass as to be readily seen, thisidentification must be so placed as to bereadily seen from a distance.

§ 131.835 Portable fire extinguishers.

(a) Except as provided by paragraph(b) of this section, each portable fireextinguisher must be marked with anumber, and the site of its stowage mustbe marked with a corresponding numberat last 1⁄2-inch high.

(b) If only one type and size ofportable fire extinguisher is carried, thenumber may be omitted.

§ 131.840 Emergency lighting.

Emergency lighting must be markedwith a letter ‘‘E’’ at least 1⁄2-inch high.


§ 131.845 Instructions for shift of steeringgear.

(a) Instructions, including diagrams,for a shift of steering gear and for a shiftto the alternative steering stations mustbe on water-resistant material andposted at each steering station and inthe steering-engine room, relating, inorder, the different steps to take ineither shift.

(b) The instructions must indicateeach clutch or pin to be ‘‘in’’ or ‘‘out’’and each valve or switch to be ‘‘open’’or ‘‘closed’’ in a shift to any means ofsteering for which the OSV is equipped.

(c) The instructions must specify thateach steering wheel or lever, and eachrudder, must be amidships before anyshift of steering gear or steering stations.

(d) Each clutch, gear, wheel, lever,valve, or switch used during any shift ofsteering gear or steering stations must benumbered or lettered on a metal plate orpainted so that the numbers or lettersare recognizable at a reasonabledistance.

§ 131.850 Rudder orders.At each steering station there must be

installed a suitable notice on the wheelor lever, or in some other place directlyin the helmsman’s line of sight, toindicate the direction in which to turnthe wheel or lever for ‘‘right rudder’’and for ‘‘left rudder.’’

§ 131.855 Lifeboats and rescue boats.(a) The following must be plainly

marked or painted on each side of thebow of each lifeboat and rescue boat inletters and numbers at least 3 incheshigh and in a color contrasting to thatof the boat:

(1) The name of the OSV.(2) The number of the boat. (The boats

on each side of the vessel must benumbered from forward to aft. If thereare boats on both sides of the vessel, theodd numbers must be on the starboardside.)

(3) For each vessel in ocean service,the name of the port whose marking onthe stern is required under subpart67.13 of this chapter.

(b) The following must be plainlymarked or painted on each side of thebow of each lifeboat and rescue boat inletters and numbers at least 11⁄2 incheshigh:

(1) The length and beam of the boat.(2) The number of persons the boat

will hold. This number must—(i) Be the number of persons the boat

is equipped for; and(ii) Not be greater than the number of

persons the boat is approved for, asshown on its nameplate.

(c) The following must be plainlymarked or painted on each lifeboat and

rescue boat, in at least two places visiblefrom above the boat, in letters andnumbers at least 3 inches high and in acolor contrasting to that of the boat:

(1) The number of persons the boatwill hold.

(2) The name of the OSV.(d) The name of the OSV must be

plainly marked or painted on each oarand paddle.

(e) Each lifeboat and rescue boat mustbe marked with Type II retro-reflectivematerial approved under subpart164.018 of this chapter. Thearrangement of the retro-reflectivematerial must comply with IMOResolution A.658(16).

§ 131.860 Rigid liferafts.(a) The following must be plainly

marked or painted, near one entrance ofeach rigid liferaft, in letters andnumbers at least 3 inches high and in acolor contrasting to that of the raft:

(1) The name of the OSV.(2) The number of the raft. (Rafts

stowed on the sides of the vessel mustbe numbered as lifeboats must under§ 131.855(a)(2).)

(3) For each vessel in ocean service,the name of the port whose marking onthe stern of the vessel is required bysubpart 67.13 of this chapter.

(b) The length of the painter must beplainly marked or painted, near oneentrance of each rigid liferaft, in lettersand numbers at least 11⁄2 inches highand in a color contrasting to that of theraft.

(c) The number of persons the rigidliferaft is approved for must be plainlymarked or painted, over each entranceto each raft, in letters and numbers atleast 4 inches high and in a colorcontrasting to that of the raft. Thisnumber must—

(1) Be the number of persons the raftis equipped for; and

(2) Not be greater than the number ofpersons the raft is approved for, asshown on its nameplate.

(d) The name of the OSV must beplainly marked or painted on eachpaddle.

§ 131.865 Inflatable liferafts and inflatablebuoyant apparatus.

The number of the inflatable liferaft orinflatable buoyant apparatus and thenumber of persons it is approved formust be marked or painted, in aconspicuous place in the immediatevicinity of each raft and each apparatus,in letters and numbers at least 11⁄2inches high and in a color contrasting tothat of the raft or apparatus. Each raft orapparatus stowed on the side of an OSVmust be numbered like a liferaft, incompliance with § 97.37–40 of this

chapter. No letters or numbers may goon the raft or on the container of theapparatus.

§ 131.870 Life floats and buoyantapparatus.

(a) The name of the OSV must beplainly marked or painted on each lifefloat or buoyant apparatus, and on eachoar and paddle.

(b) The number of persons each lifefloat or buoyant apparatus is approvedfor must be plainly marked or paintedon each float or apparatus in letters andnumbers at least 11⁄2 inches high and ina color contrasting to that of the float orapparatus. This number must—

(1) Be the number of persons the floator apparatus is equipped for; and

(2) Not be greater than the number ofpersons the float or apparatus isapproved for, as shown on itsnameplate.

§ 131.875 Lifejackets, immersion suit, andring life buoys.

(a) Each lifejacket immersion suit, andring life buoy must be marked in blockcapital letters with the OSV’s name.

(b) Each container for lifejackets andimmersion suits must be marked inletters and numbers at least 2 incheshigh with the number, identity or IMOsymbol specified by IMO ResolutionA.760(18), and size of the items stowedinside.

(c) Each ring life buoy on an OSV inocean service must be marked in blockcapital letters with the name of the portwhose marking on the stern of the vesselis required by subpart 67.13 of thischapter.

(d) Each stowage site for a ring lifebuoy must be marked ‘‘LIFE BUOY’’ ormarked with the IMO symbol.

(e) Each lifejacket must be markedwith Type I retro-reflective materialapproved under subpart 164.018 of thischapter. The arrangement of the retro-reflective material must comply withthe IMO Resolution A.658(16).

(f) Each ring life buoy must be markedwith Type I or II retro-reflective materialapproved under subpart 164.018 of thischapter. The arrangement of the retro-reflective material must comply withIMO Resolution A.658(16).

§ 131.880 Fire hoses and axes.

Each fire hose and axe must bemarked with the OSV’s name.

§ 131.885 Portable magazine chests.

Each portable magazine chest must bemarked in letters at least 3 inches high:‘‘PORTABLE MAGAZINE CHEST—FLAMMABLE: KEEP FIRE ANDLIGHTS AWAY.’’


§ 131.890 EPIRBs and SARTs.

The name of the OSV must be plainlymarked or painted on each EmergencyPosition Indicating Radio Beacon(EPIRB) and on each Search and RescueTransponder (SART), except on anEPIRB or SART—

(a) In an inflatable liferaft; or(b) Permanently installed in a survival

craft.

§ 131.893 Watertight doors and watertighthatches.

Each watertight door in a bulkheadthat must be watertight in compliancewith the requirements in part 174 of thischapter, and each watertight hatch,must be marked on both sides in lettersat least 2 inches high: ‘‘WATERTIGHTDOOR—KEEP CLOSED EXCEPT FORPASSAGE’’ or ‘‘WATERTIGHTHATCH—KEEP CLOSED WHEN NOTIN USE’’.

§ 131.896 Remote stopping systems.

The remote stopping systems requiredby § 129.540 of this subchapter must beclearly marked to show what systemeach controls.

§ 131.899 Fire dampers.

Each fire damper installed within theboundary of a space protected by a fixedfire extinguishing system must be fittedwith an indicator showing whether thedamper is open or closed and be markedwith red letters at least 1⁄2-inch highstating ‘‘FIRE DAMPER’’ and, asotherwise appropriate, identifying thespace served by the fire damper.

Subpart I—Miscellaneous

§ 131.905 Statutory penalties.

(a) The marine-safety statutes andcriminal statutes impose penalties forviolating the applicable provisions ofthis subchapter. Penal proceedingsinclude:

(1) Assessment and collection of civilmonetary penalty.

(2) Criminal prosecution, where noloss of life results.

(3) Criminal prosecution formanslaughter, where loss of life resultsfrom violating marine-safety statutes orregulations or from misconduct,negligence, or inattention to duty.

(4) Libel against vessel.(b) 46 U.S.C. Chapter 77 allows, in

addition to the foregoing, thesuspension or revocation of licenses,certificates, or documents issued by theCoast Guard, for incompetence,misconduct, or negligence or forviolating marine-safety statutes orregulations.

§ 131.910 Notices to mariners and aids tonavigation.

Each master and mate shall acquainthimself or herself with the latestinformation published by the CoastGuard and the U.S. Navy regarding aidsto navigation in the area in which theOSV operates.

§ 131.915 Persons allowed in pilothouseand on navigational bridge.

No person may be in the pilothousewhile the OSV is under way, unlessconnected with the navigation of thevessel or authorized for good cause bythe master or mate on watch.

§ 131.920 Level of manning.Each OSV must carry the personnel

required by the Certificate of Inspection,as determined by the OCMI, based on anevaluation under part 15 of this chapter.

§ 131.925 Compliance with provisions ofCertificate of Inspection.

The master of the OSV shall ensurecompliance with each provision of theCertificate of Inspection. Nothing in thissubchapter prevents the master’sdiverting the vessel from the routeprescribed in the Certificate or takingother steps necessary and prudent toassist vessels in distress or to handlesimilar emergencies.

§ 131.930 Display of stability letter.If the Coast Guard issues a stability

letter under § 170.120 of this chapter,the letter must be readily available tothe person on watch in the pilothouseof the OSV.

§ 131.935 Prevention of oil pollution.Each OSV must be operated in

compliance with, among others, 33 CFRparts 151, 155, and 156.

§ 131.940 Marine sanitation device.Each OSV with installed toilet

facilities must have a marine sanitationdevice in compliance with 33 CFR part159.

§ 131.945 Display of plans.Each OSV must have permanently

exhibited, for the guidance of the masterand crew members, general arrangementplans showing for each deck the variousfire-retardant bulkheads together withparticulars of the—

(a) Fire-detection systems;(b) Manual-alarm systems;(c) Fire-extinguishing systems;(d) Fire doors;(e) Means of ingress to the different

compartments; and(f) Ventilating-systems, including

the—(1) Positions of the dampers;(2) Site of the remote means of

stopping the fans; and

(3) Identification of the fans servingeach section.

§ 131.950 Placard on lifesaving signalsand helicopter recovery.

Each OSV must have readily availableto the person on watch in the pilothousea placard (Form CG–811) containinginstructions—

(a) For the use of lifesaving signals setforth in Regulation 16, Chapter V, ofSOLAS 74/83; and

(b) In helicopter recovery.The signals must be employed byvessels or persons in distress whencommunicating with lifesaving stationsand maritime rescue unit.

§ 131.955 Display of license.Each master and licensed officer on

an OSV shall conspicuously display hisor her license in compliance with 46U.S.C. 7110.

§ 131.960 Use of auto-pilot.During the use of the automatic pilot,

the master shall ensure that—(a) It is possible to immediately

establish manual control of the OSV’ssteering;

(b) A competent person is ready atany time to take over that control; and

(c) The shift from automatic control ofthe vessel’s steering to manual and thereverse is made by, or under thesupervision of, the master or officer ofthe watch.

§ 131.965 Sounding of whistle.No OSV may sound its whistle within

any harbor limits of the United Statesunless it needs to.

§ 131.970 Unauthorized lighting.No master of an OSV may authorize

or permit the OSV’s carrying of anylighting not required by law that willinterfere in any way with any othervessel’s distinguishing the OSV’snavigation lighting.

§ 131.975 Searchlights.No person may flash, or cause to be

flashed, the rays of a searchlight or otherblinding light onto the bridge or into thepilothouse of any vessel under way.

§ 131.980 Lookouts and watches.Nothing in this part exonerates any

master or officer of the watch from theconsequences of any neglect to keep aproper lookout or to maintain a properfire watch, or of any neglect of anyprecaution that may be required by theordinary practice of seamen, by generalprudence, or by the specialcircumstances of the case. A mastershall set added watches when necessaryto guard against fire or other danger andto give an alarm in case of accident ordisaster.


PART 132—FIRE-PROTECTIONEQUIPMENT

Subpart A—Fire Main

Sec.132.100 General.132.110 Piping.132.120 Fire pumps.132.130 Fire stations.

Subpart B—Portable and Semiportable FireExtinguishers

132.210 Classification.132.220 Installation.132.230 Spare charges.132.240 Stowage of semiportable fire

extinguishers.

Subpart C—Miscellaneous

132.310 Fixed fire-extinguishing systemsfor paint lockers.

132.320 Helicopter-landing decks.132.330 Fire monitors.132.340 Equipment installed although not

required.132.350 Tests and inspections of fire-

extinguishing equipment.132.360 Fire axes.132.370 Added requirements for fixed

independent and portable tanks.Authority: 46 U.S.C. 3306; 49 CFR 1.46.

Subpart A—Fire Main

§ 132.100 General.

(a) Except as provided by paragraphs(b) and (c) of this section, each OSVmust be equipped with a fire main thatcomplies with this subpart.

(b) Each OSV of less than 100 grosstons and not more than 65 feet in lengthmay have, instead of a fire main thatcomplies with this subpart, a hand-operated pump and a hose capable ofproviding an effective stream of water toeach part of the vessel.

(c) A garden hose of nominal insidediameter of at least 5⁄8-inch complieswith paragraph (b) of this section if thehose is—

(1) Of good commercial grade and isconstructed of an inner rubber tube,plies of braided-fabric reinforcement,and an outer cover made of rubber orequivalent fire-resistant material; and

(2) Fitted with a commercial garden-hose nozzle of high-grade bronze orequivalent metal capable of providing asolid stream and a spray pattern.

§ 132.110 Piping.

(a) Except as provided for liftboats by§ 134.180 of this subchapter, eachfitting, flange, valve, and run of pipingmust meet the applicable requirementsof part 128 of this subchapter. Pipingmust be—

(1) Hot-dip galvanized;(2) At least extra-heavy schedule; or(3) Of a suitable corrosion-resistant

material.

(b) Each distribution cut-off valvemust be marked in compliance with§ 131.820 of this subchapter.

§ 132.120 Fire pumps.(a) Except as provided by § 132.100(b)

of this subpart, each OSV must beequipped with one self-priming power-driven fire pump capable of deliveringa single stream of water from the highesthydrant, through the hose and nozzle ata Pitot-tube pressure of at least 50 psi(pounds a square inch).

(b) Each fire pump must be fitted onthe discharge side with a pressuregauge.

(c) Each fire pump must be fitted onthe discharge side with a relief valve setto relieve at either 25 psi in excess ofthe pressure necessary to maintain therequirements of paragraph (a) of thissection or 125 psi, whichever is greater.The relief valve is optional if the pumpis not capable of developing pressureexceeding the greater amount.

(d) If two propulsion engines areinstalled, the pump required byparagraph (a) of this section may bedriven by one of the engines. If only onepropulsion engine is installed, thepump must be driven by a source ofpower independent of the engine.

(e) If two fire pumps are installed, andif one pump remains available forservice on the fire main at any time, theother pump may be used for otherpurposes.

(f) Each fire pump must be capable ofproviding the quantity of water requiredto comply with paragraph (a) of thissection while meeting any otherdemands placed on it, as by a branchline connected to the fire main forwashing the anchor or the deck.

(g) No branch line may be directlyconnected to the fire main except forfighting fires or for washing the anchoror the deck. Each discharge line for anyother purpose must be clearly markedand must lead from a dischargemanifold near the fire pump.

(h) When a fire monitor is connectedto the fire main system, it must leadfrom a discharge manifold near the firepump.

(i) The total cross-section of pipingleading from a fire pump may not beless than that of the discharge of thepump.

(j) In no case may a pump connectedto a line for flammable or combustibleliquid be used as a fire pump.

§ 132.130 Fire stations.(a) Except as provided by paragraph

(b) of this section, fire stations must beso numerous and so placed that eachpart of the OSV accessible to personsaboard while the vessel is being

operated, and each cargo hold, arereachable by at least two effective spraypatterns of water. At least two patternsmust come from separate hydrants. Atleast one pattern must come from asingle length of hose.

(b) Each part of the main machineryspace, including the shaft alley if itcontains space assigned for the stowageof combustibles, must be reachable by atleast two streams of water. Each streammust come from a single length of hose,from a separate fire station.

(c) Each fire station must benumbered in compliance with § 131.830of this subchapter.

(d) Each part of the fire main on aweather deck must be either protectedagainst freezing or fitted with cut-outvalves and drain valves so that exposedparts of the piping may be shut off anddrained in freezing weather. Exceptwhen closed against freezing, the cut-out valves must be sealed open.

(e) Each outlet at a fire hydrant mustbe 11⁄2 inches in diameter and, tominimize the possibility of kinking,must be fitted so that no hose leadsupward from it.

(f) Each fire station must be equippedwith a spanner suitable for use on thehose there.

(g) Each fire station must have at leastone length of fire hose. Each hose on thestation must have a fire nozzle approvedunder subpart 162.027 of this chapterthat can discharge both solid stream andwater spray.

(h) Each pipe and fire hydrant mustbe placed so that the fire hose may beeasily coupled to them. Each stationmust be readily accessible. No deckcargo may interfere with access to thestations; each pipe must run as far awayfrom this cargo as practicable, to avoidrisk of damage by the cargo.

(i) Each fire hydrant or ‘‘Y’’ branchmust be equipped with a valve such thatthe fire hose may be removed whilethere is pressure on the fire main.

(j) Each fire hydrant connection mustbe of brass, bronze, or equivalent metal.The threads of fire hose couplings mustbe of brass or other suitable corrosion-resistant material and comply withNFPA 1963.

(k) Each fire hydrant must have a firehose 11⁄2 inches in diameter, 50 feet inlength, connected to an outlet, for use atany time.

(l) No fire hose, when part of the fireequipment, may be used for anypurpose except fire-fighting, fire drills,and testing.

(m) A suitable hose rack or otherdevice must be provided for each firehose. Each rack on a weather deck mustbe placed so as to protect its hose fromheavy weather.


(n) Each section of fire hose must belined commercial fire hose, or lined firehose that meets Standard 19 ofUnderwriters Laboratories, Inc. (UL).Hose that bears the UL label as lined firehose complies with this section.

Subpart B—Portable and SemiportableFire Extinguishers

§ 132.210 Classification.

(a) Each portable fire extinguisher andsemiportable fire extinguisher isclassified by a symbol combining letterand number. The letter indicates the

type of fire that the unit shouldextinguish; the number indicates therelative size of the unit.

(b) The types of fire are:(1) ‘‘A’’—fires in ordinary

combustible materials, where thequenching and cooling effect ofquantities of either water or solutionscontaining large percentages of water isessential.

(2) ‘‘B’’—fires in flammable liquids,greases, and the like, where theblanketing effect of a smothering-agentis essential.

(3) ‘‘C’’—fires in electrical equipment,where the use of nonconductingextinguishing-agent is essential.

(c) The sizes of units run from ‘‘I’’ forthe smallest to ‘‘V’’ for the largest. SizesI and II are portable fire extinguishers;sizes III, IV, and V, which exceed 55pounds in gross weight, aresemiportable fire extinguishers andmust be fitted with suitable hose andnozzle or other practicable means tocover any part of the space involved.Typical portable and semiportable fireextinguishers are set forth by Table132.210 of this section.

TABLE 132.210

Classification Halon1211,1301,and 1211–1301 mix-

tures,pounds

Foam, gal-lons

Carbon di-oxide,

pounds

Dry chemi-cal, poundsType Size

A ................................................................ II ................................................................ .................... 21⁄2 .................... ....................B ................................................................ I ................................................................. 21⁄2 .................... 4 2B ................................................................ II ................................................................ 10 21⁄2 15 10B ................................................................ III ............................................................... .................... 12 35 20B ................................................................ IV .............................................................. .................... 20 50 30B ................................................................ V ............................................................... .................... 40 100 50C ............................................................... I ................................................................. 21⁄2 .................... 4 2C ............................................................... II ................................................................ 10 .................... 15 10

(d) Each portable fire extinguisher andsemiportable fire extinguisher musthave permanently attached anidentification plate that gives the nameof the extinguishing-agent, the capacityof the agent in gallons or pounds, theclassification of the extinguisherexpressed by letter or letters indicating

the type or types of fire for which it isintended, and the identifying mark ofthe manufacturer.

§ 132.220 Installation.(a) Portable fire extinguishers

approved under subpart 162.028 of thischapter and semiportable fireextinguishers approved under subpart

162.039 of this chapter must be installedin compliance with Table 132.220 ofthis section. The placement of theextinguisher must satisfy the OCMI. TheOCMI may require such additionalextinguishers as the OCMI deemsnecessary for the proper protection ofthe OSV.

TABLE 132.220.—CARRIAGE OF PORTABLE AND SEMIPORTABLE FIRE EXTINGUISHERS

Space Classification(see § 132.210) Number and placement

Safety areas:Communicating passageways ........................ A–II ................... 1 in each main passageway, not more than 150 feet apart (permissible in

stairways).Pilothouse ....................................................... C–I .................... 2 in vicinity of exit.

Service spaces:Galleys ............................................................ B–III or C–II ...... 1 for each 2,500 square feet or fraction thereof, suitable for hazards in-

volved.Paint lockers ................................................... B–II ................... 1 outside space, in vicinity of exit.Accessible baggage and storerooms ............. A–II ................... 1 for each 2,500 square feet or fraction thereof, located in vicinity of exits,

either inside or outside spaces.Work shops and similar spaces ..................... A–II ................... 1 outside space in vicinity of exit.

Machinery spaces:Internal-combustion propulsion-machinery .... B–II ................... 1 for each 1,000 brake horsepower, but not fewer than 2 nor more than

6.B–III .................. 1 required. (*), (**)

Electric propulsion motors or generators ofopen type.

C–II ................... 1 for each propulsion motor or generator unit.

Auxiliary spaces:Internal combustion ........................................ B–II ................... 1 outside space in vicinity of exit. (**)Electric motors and emergency generators ... C–II ................... 1 outside space in vicinity of exit. (**)

(*) Not required where a fixed gaseous fire-extinguishing system is installed.(**) Not required on OSVs of less than 300 gross tons.


(b) Each semiportable fireextinguisher must be mounted orotherwise placed in the open so as to bereadily visible.

(c) Except as provided by paragraph(d) of this section, each portable fireextinguisher must be mounted orotherwise placed in the open or behindglass so as to be readily visible.

(d) A portable fire extinguisher maybe mounted or otherwise placed in anenclosure together with the fire hose, ifthe enclosure is marked in compliancewith § 131.830 of this subchapter.

(e) Each portable fire extinguisher andits station must be numbered to complywith § 131.835 of this subchapter.

(f) No portable or semiportable fireextinguisher with a nameplateindicating that it needs protection fromfreezing may be mounted or otherwiseplaced where freezing temperatures areforeseeable.

§ 132.230 Spare charges.

(a) Except as provided by paragraph(b) or (c) of this section, each OSV mustcarry 50% spare charges for portable fireextinguishers required by § 132.220 ofthis subpart.

(b) An OSV may—rather than complywith paragraph (a) of this section—carryone extra extinguisher of the sameclassification.

(c) If extinguishers of a particularclassification cannot be readilyrecharged by crew members, an OSVmust—rather than comply withparagraph (a) of this section—carry onemore extinguisher of that classification.

(d) Each spare charge must bepackaged so as to minimize the hazardsto personnel recharging theextinguishers.

§ 132.240 Stowage of semiportable fireextinguishers.

The frame or support of eachsemiportable fire extinguisher of size III,IV, or V must be secured to prevent theextinguisher from shifting in heavyweather.

Subpart C—Miscellaneous

§ 132.310 Fixed fire extinguishing systemsfor paint lockers.

(a) Except as provided by paragraph(b) of this section, a fixed gaseous fireextinguishing system or anotherapproved fixed fire extinguishingsystem must be installed in each paintlocker.

(b) No fixed fire extinguishing systemneed be installed in a paint locker thatis—

(1) Less than 60 cubic feet in volume;(2) Accessible only from the weather

deck; and(3) Not adjacent to a tank for

flammable or combustible liquid.(c) Each fixed fire extinguishing

system installed must comply with part95 of this chapter or be approved by theCommanding Officer, Marine SafetyCenter.

§ 132.320 Helicopter-landing decks.

Each OSV with a helicopter-landingdeck must meet the fire fightingrequirements of part 108 of this chapter.

§ 132.330 Fire monitors.

(a) Each fire monitor of the fire mainsystem must be fitted with a shut-offvalve at the monitor and at theconnection to the fire main dischargemanifold required by § 132.120(h) ofthis part.

(b) Fire monitor piping must complywith § 132.110 of this part.

(c) Each fire monitor must beprotected against over-pressure.

§ 132.340 Equipment installed althoughnot required.

An OSV may install equipment fordetection of and protection against firesbeyond that required by this subchapter,unless the excess equipment in any wayendangers the vessel or the personsaboard. This equipment must be listedand labeled by a nationally recognizedtesting laboratory.

§ 132.350 Tests and inspections of fire-extinguishing equipment.

(a) Each master of an OSV shallensure that the tests and inspections, offire-extinguishing equipment, described

by paragraph (b) of this section areperformed—

(1) Every 12 months; or(2) Not later than the next inspection

for certification, unless the total timefrom the date of the last tests andinspections exceeds 15 months.

(b) The master shall providesatisfactory evidence of the servicing offire-extinguishing equipment, requiredby paragraph (c) of this section, to themarine inspector. If any of theequipment or records have not beenproperly maintained, a qualifiedservicing facility may be required toperform the required inspections,maintenance, and hydrostatic tests.

(c) The following tests andinspections of fire extinguishingequipment must be performed by theowner, operator, or master, or by aqualified servicing facility, to verifycompliance with paragraph (a) of thissection:

(1) Each portable fire extinguishermust be inspected, maintained, andhydrostatically tested as required byChapter 4 of NFPA 10 with thefrequency specified by NFPA 10.Carbon-dioxide and halon portable fireextinguishers must be refilled when theweight loss of net content exceeds thatspecified for fixed systems by Table132.350. Further, each must beexamined for excessive corrosion andfor general condition. A tag issued by aqualified servicing facility, and attachedto each extinguisher, will be acceptableevidence that the necessarymaintenance has been conducted.

(2) Each semiportable fireextinguisher and each fixed fire-extinguishing system must be—

(i) Inspected and tested as required byTable 132.350 of this subpart;

(ii) Inspected, tested, and marked asrequired by §§ 147.60 and 147.65 of thischapter;

(iii) Inspected to ensure that piping,controls, and valves are in good generalcondition with no excessive corrosion;and

(iv) Inspected and tested to determinethat alarms and ventilation shutdownsfor each fire-extinguishing systemoperates properly.

TABLE 132.350.—TESTS OF SEMIPORTABLE AND FIXED FIRE-EXTINGUISHING SYSTEMS

Type of system Test

Carbon dioxide ................... Weigh cylinders. Recharge if weight loss exceeds 10% of weight of charge. Test time delays, alarms, and ventila-tion shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the manufacturer’s instruc-tion manual. Inspect hoses and nozzles to be sure they are clean.

Halon .................................. Weigh cylinders. Recharge if weight loss exceeds 5% of weight of charge. If the system has a pressure gauge,also recharge if pressure loss (adjusted for temperature) exceeds 10%. Test time delays, alarms, and ventilationshutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the manufacturer’s instructionmanual. Inspect hoses and nozzles to be sure they are clean.


TABLE 132.350.—TESTS OF SEMIPORTABLE AND FIXED FIRE-EXTINGUISHING SYSTEMS—Continued

Type of system Test

Dry chemical (cartridge-op-erated).

Examine pressure cartridge and replace if end is punctured or if cartridge has leaked or is in unsuitable condition.Inspect hose and nozzle to see that they are clear. Insert charged cartridge. Ensure that dry chemical is free-flowing (not caked) and that extinguisher contains full charge

Dry chemical (stored pres-sure).

See that pressure gauge is in operating range. If not, or if seal is broken, weigh or otherwise determine that extin-guisher is fully charged with dry chemical. Recharge if pressure is low or if dry chemical is needed.

Foam (stored pressure) ...... See that pressure gauge, if there is one, is in the operating range. If it is not, or if seal is broken, weigh or other-wise determine that extinguisher is fully charged with foam. Recharge if pressure is low or if foam is needed.Replace premixed agent every 3 years.

(3) The fire-main system must beoperated, and the pressure checked atthe remotest and highest outlets. Eachfire hose must be subjected to a testpressure, equivalent either to themaximal pressure to which it may besubjected in service or to 100 psi,whichever is greater.

(4) All systems for detecting smokeand fire, including sensors and alarms,must be inspected and tested.

§ 132.360 Fire axes.(a) Each OSV of less than 100 gross

tons must carry one fire axe.(b) Each OSV of 100 or more gross

tons must carry two fire axes.(c) Each fire axe must be so placed as

to be readily available in an emergency.(d) Each fire axe must be so placed in

the open or behind glass that it isreadily visible; except that, if theenclosure is marked in compliance with§ 131.830 of this subchapter, the axemay be placed in an enclosure togetherwith the fire hose.

§ 132.370 Added requirements for fixedindependent and portable tanks.

(a) When carrying fixed independenttanks on deck or portable tanks incompliance with § 125.110 of thissubchapter, each OSV must also complywith §§ 98.30–37 and 98.30–39 of thischapter.

(b) When carrying portable tanks incompliance with § 125.120 of thissubchapter, each OSV must also complywith 49 CFR 176.315.

PART 133—RESERVED FORLIFESAVING SYSTEMS

PART 134—ADDED PROVISIONS FORLIFTBOATS

Sec.134.100 Applicability.134.110 Initial inspection.134.120 Inspection for certification.134.130 New construction.134.140 Structural standards.134.150 Liftboat-jacking systems.134.160 Freeboard markings.134.170 Operating manual.134.180 Piping for fire-main suction.


§ 134.100 Applicability.This part, as well as parts 125 through

133 of this subchapter, applies to eachliftboat of United States flag to whichthis subchapter applies.

§ 134.110 Initial inspection.Liftboat jacking systems, liftboat legs,

liftboat leg pads, and arrangements forsupply of water to fire mains, as well asthe items listed by § 126.340 of thissubchapter, will normally be inspectedduring the initial inspection todetermine whether the liftboat was builtin compliance with developed plansand meets applicable regulations.

§ 134.120 Inspection for certification.Liftboat jacking systems, liftboat legs,

liftboat leg pads, and arrangements forsupply of water to fire mains, as well asthe items listed by § 126.430 of thissubchapter, will normally be inspectedduring an inspection for certification todetermine whether the liftboat is insatisfactory condition and fit for theservice intended.

§ 134.130 New construction.Each applicant for an original

Certificate of Inspection and forapproval of plans must submit, as wellas three copies of those required by§ 127.110 of this subchapter, threecopies of the following plans:

(a) Operating Manual for Liftboats.(b) Legs, details of supporting

structure, and structural calculations.

§ 134.140 Structural standards.(a) Except as provided by paragraph

(b) of this section, each liftboat mustcomply with the ABS’s ‘‘Rules forBuilding and Classing Mobile OffshoreDrilling Units’’, assuming a steady windspeed of 100 knots, as follows:

(1) The main hull structure, legs, andsupporting structure must comply withSection 3/4.3 of the Rules.

(2) The calculations required bySection 3/4.3 of the Rules must assumethe vessel to be in the most adverseloading conditions described bySections 3/2.1 and 3/4.1 of the Rules.

(3) The calculations on column-buckling required by Section 3/4.3 of

the Rules, must employ an effective-length factor, ‘‘K’’, of not less than 2.0.

(4) The calculations on single-rackjacking systems required by Sections 3/2.1 and 3/4.1 of the Rules must includean extra bending moment caused by themost adverse eccentric loading of thelegs.

(b) The standard of any classificationsociety, or other established standardacceptable to the Commandant (G–MMS), may be used.

(c) Upon submittal of the plansrequired by §§ 127.110 and 133.130 ofthis subchapter, the standard used inthe design must be specified.

(d) If no established standard is usedin the design, detailed designcalculations must be submitted with theplans required by §§ 127.110 and133.130 of this subchapter.

§ 134.150 Liftboat-jacking systems.

(a) For this subchapter, liftboatjacking systems are vital systems andmust comply with Sections 4/1.13.1through 4/1.13.3 of the ABS’s ‘‘Rules forBuilding and Classing Mobile OffshoreDrilling Units’’ as well as meet theapplicable requirements of Part 128 ofthis subchapter.

(b) Each control system for a liftboatjacking system must be designed so thatloss of power, loss of pressure in thehydraulic system, or low hydraulic-fluidlevel will activate a visible and audiblealarm at the operating station and willnot result in the liftboat’s uncontrolleddescent.

§ 134.160 Freeboard markings.

Freeboard markings required by§ 174.260 of this subchapter must beboth permanently scribed or embossedand painted white or yellow on a darkbackground.

§ 134.170 Operating manual.

(a) Each liftboat must have aboard anoperating manual approved by the CoastGuard as complying with this section.

(b) The operating manual must beavailable to, and written so as to beeasily understood by, the crew membersof the liftboat and must include:


(1) A table of contents and generalindex.

(2) A general description of the vessel,including—

(i) Major dimensions;(ii) Tonnages; and(iii) Load capacities for—(A) Various cargoes;(B) Crane hook; and(C) Helicopter landing deck.(3) Designed limits for each mode of

operation, including—(i) Draft;(ii) Air gap;(iii) Wave height;(iv) Wave period;(v) Wind;(vi) Current;(vii) Temperatures; and(viii) Other environmental factors.(4) The heaviest loads allowable on

deck.(5) Information on the use of any

special cross-flooding fittings and on thelocation of valves that may requireclosure to prevent progressive flooding.

(6) Guidance on preparing the unit forheavy weather and on what to do whenheavy weather is forecast, includingwhen critical decisions or acts—such asleaving the area and heading for aharbor of safe refuge, or evacuating thevessel—should be accomplished.

(7) Guidance on operating the vesselwhile changing mode and whilepreparing the vessel to make a move,and information on how to avoidstructural damage from shifting loadsduring heavy weather.

(8) Information on inherentoperational limitations for each modeand on changing modes, includingpreloading instructions.

(9) Guidance on the properprocedures for discovering the floodingof a normally buoyant leg or leg pad,precautionary information concerningthe effects on stability of flooded legs,and what to do upon discovering theflooding of a normally buoyant leg or legpad.

(10) A description, a diagram,operating guidance for the bilge system,and an alternative method ofdewatering.

(11) A general arrangement diagramshowing the locations of—

(i) Watertight and weathertightcompartments;

(ii) Openings in the hull andstructure;

(iii) Vents and closures;(iv) Shutdowns for mechanical and

electrical emergencies, and foremergencies affecting ventilation;

(v) Alarms for flooding and for too-high and too-low levels;

(vi) Fire and gas detectors; and(vii) Access to different compartments

and decks.

(12) A list of shutdown locations foremergencies and guidance on restartingmechanical and electrical equipmentand equipment for ventilation aftershutdowns.

(13) A diagram of the hazardouslocations (if applicable).

(14) A diagram of the emergency-power system.

§ 134.180 Piping for fire-main suction.

(a) Except as provided by paragraph(b) of this section, suction lines mustcomply with § 132.110 of thissubchapter.

(b) Suction lines that extend belowthe main deck outside of the hullplating and that supply the fire pumpwith the liftboat in the elevated modemust be metallic, unless they complywith § 56.60–25(c) of this chapter forvital fresh-water and salt-water service.

PARTS 135 AND 136—[RESERVED]

PART 170—STABILITYREQUIREMENTS FOR ALL INSPECTEDVESSELS


Authority: 43 U.S.C. 1333; 46 U.S.C. 3306,3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980Comp., p. 277; 49 CFR 1.46.

8. Section 170.055(g) is revised, toread as follows:

§ 170.055 Definitions concerning a vessel.

* * * * *(g) ‘‘Downflooding angle’’ means,

except as specified by §§ 171.055(f),172.090(d), 173.095(e), 174.015(b),174.035(b)(2), and 174.185 of thischapter, the static angle from theintersection of the vessel’s centerlineand waterline in calm water to the firstopening that cannot be closed watertightand through which downflooding canoccur.

PART 174—SPECIAL RULESPERTAINING TO VESSELS OFSPECIFIC TYPES


Authority: 42 U.S.C. 9118, 9119, 9153; 43U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O.12234, 45 FR 58801, 3 CFR, 1980 Comp., p.277; 49 CFR 1.46.

10. Paragraphs (g) and (h) are addedto § 174.005, to read as follows:


* * * * *(g) Offshore supply vessel inspected

under Subchapter L of this chapter.(h) Liftboat inspected under

Subchapter L of this chapter.

11. Subparts G and H are added toPart 174, to read as follows:

Subpart G—Special Rules Pertaining toOffshore Supply Vessels

Sec.174.180 Applicability.174.185 Intact stability.174.190 Collision bulkheads.174.195 Bulkheads in machinery spaces.174.200 Damaged stability in machinery

spaces.174.205 Damaged stability in general.174.210 Watertight doors in watertight

bulkheads.174.215 Drainage of weather deck.174.220 Hatches and coamings.174.225 Hull penetrations and shell

connections.

Subpart H—Special Rules Pertaining toLiftboats

174.240 Applicability.174.245 General.174.250 Unrestricted service.174.255 Restricted service.174.260 Freeboard.

Subpart G—Special Rules Pertaining toOffshore Supply Vessels


Each offshore supply vessel (OSV),except a liftboat inspected undersubchapter L of this chapter, mustcomply with this subpart.

§ 174.185 Intact stability.

(a) Each OSV must be shown bydesign calculations to meet, under eachcondition of loading and operation, theminimal requirements for metacentricheight (GM) in § 170.170 of this chapter,and in either § 170.173 of this chapteror paragraphs (b) through (e) of thissection.

(b) The area under each righting armcurve must be at least 15 foot-degrees upto the smallest of the following angles:

(1) The angle of maximum rightingarm;

(2) The downflooding angle; or(3) 40 degrees.(c) The downflooding angle must not

be less than 20 degrees.(d) The righting arm curve must be

positive to at least 40 degrees.(e) The freeboard at the stern must be

equal to the freeboard calculated tocomply with subchapter E of thischapter or to the value taken from Table174.185, whichever is less.

(f) For paragraphs (b) and (d) of thissection, at each angle of heel an OSV’srighting arm is calculated after thevessel is permitted to trim free until thetrimming moment is zero.


TABLE 174.185.—MINIMALFREEBOARD AT THE STERN

LBP (feet)Freeboard

at stern(inches)

Less than 65 ................................ 1265 but less than 100 .................... 15100 but less than 130 .................. 18130 but less than 155 .................. 20155 but less than 190 .................. 22190 but less than 230 .................. 24230 and greater ........................... 26

§ 174.190 Collision bulkhead.(a) Each OSV must have a collision

bulkhead in compliance with§§ 171.085(c)(1), (d), (e)(2), and (f) ofthis chapter.

(b) Penetration of the collisionbulkhead by piping must be minimal,and, where fitted, piping must meet therequirements of §§ 56.50–1(b)(1) and (c)and 128.230 of this chapter.

§ 174.195 Bulkheads in machinery spaces.(a) The bulkhead in each machinery

space of each OSV must be watertight tothe bulkhead deck.

(b) Each penetration of, and eachopening in, a bulkhead in a machineryspace must—

(1) Be kept as high and as far inboardas practicable; and

(2) Except as provided by § 174.210 ofthis subpart and by paragraph (c) of thissection, have means to make itwatertight.

(c) No penetration of a bulkhead in amachinery space by a ventilation ductneed have means to make the bulkheadwatertight if—

(1) Every part of the duct is at least30 inches from the side of the OSV; and

(2) The duct is continuouslywatertight from the penetration to themain deck.

(d) Each penetration of a bulkhead ina machinery space by piping must meetthe design requirements for material andpressure in subchapter F of this chapter.

§ 174.200 Damaged stability in machineryspaces.

Each OSV must be shown by designcalculations to comply, under eachcondition of loading and operation, with§§ 174.205 (c) through (f) of this subpartin case of damage between any twowatertight bulkheads in each machineryspace.

§ 174.205 Damaged stability in general.(a) Calculations. Each OSV carrying

more then 16 offshore workers must beshown by design calculations to meet,under each afloat condition of loadingand operation, the survival conditionsin paragraph (e) of this section in case

of the damage specified by paragraph (b)of this section.

(b) Character of damage. Forparagraph (a) of this section, designcalculations must show that the OSVcan survive damage at any place otherthan either the collision bulkhead or atransverse watertight bulkhead unless—

(1) The transverse watertightbulkhead is closer than the longitudinalextent of damage, specified by Table174.205(b), to the adjacent transversewatertight bulkhead; or

(iv) Watertight door in compliancewith § 174.210 of this subpart; or

(v) Side scuttle of the non-openingtype.

(2) Angle of heel. The angle of heelmust not exceed 15 degrees.

(3) Range of stability. Through anangle of 20 degrees beyond its positionof equilibrium after flooding, an OSVmust meet the following conditions:

(i) The righting arm curve must bepositive.

(ii) The righting arm must be at least4 inches.

(iii) Each submerged opening must beweathertight. (A tank vent fitted with aball check-valve is weathertight.)

(4) Progressive flooding. Piping, ducts,or tunnels within the assumed extent ofdamage must be either—

(i) Equipped with arrangements, suchas stop check-valves, to preventprogressive flooding of the spaces withwhich they connect; or

(ii) Assumed in the calculationsrequired by paragraph (a) of this sectionto permit progressive flooding of thespaces with which they connect.

(f) Buoyancy of superstructure. Forparagraph (a) of this section, thebuoyancy of any superstructure directlyabove the side damage must beconsidered in the most unfavorablecondition.

(2) The transverse watertightbulkhead has a step or a recess, whichmust be assumed damaged, if it is bothmore than 10 feet in length and locatedwithin the transverse extent of damagespecified by Table 174.205(b) of thissection.

(c) Extent of damage. For paragraph(a) of this section, damage must consistof penetrations having the dimensionsspecified by Table 174.205(b) of thissection, except that, if the mostdisabling penetrations are smaller thanthe penetrations specified by the Table,damage must consist of the smallerpenetrations.

(d) Permeability of spaces. Forparagraph (a) of this section, thepermeability of a floodable space mustbe as specified by Table 174.205(d) ofthis section.

(e) Survival conditions. An OSV ispresumed to survive assumed damage if

it meets the following conditions in thefinal stage of flooding:

(1) Final waterline. The finalwaterline, in the final stage of sinkage,heel, and trim, must be below the loweredge of an opening through whichprogressive flooding may take place,such as an air pipe, a tonnage opening,an opening closed by a weathertightdoor or hatch-cover, or a tank vent fittedwith a ball check-valve. This openingdoes not include an opening closed bya—

(i) Watertight manhole-cover;(ii) Flush scuttle;(iii) Small hatch-cover for a watertight

cargo-tank that maintains the highintegrity of the deck;

(iv) Watertight door in compliancewith § 174.210 of this subpart; or

(v) Side scuttle of the non-openingtype.

(2) Angle of heel. The angle of heelmust not exceed 15 degrees.

(3) Range of stability. Through anangle of 20 degrees beyond its positionof equilibrium after flooding, an OSVmust meet the following conditions:

(i) The righting arm curve must bepositive.

(ii) The righting arm must be at least4 inches.

(iii) Each submerged opening must beweathertight. (A tank vent fitted with aball check-valve is weathertight.)

(4) Progressive flooding. Piping, ducts,or tunnels within the assumed extent ofdamage must be either—

(i) Equipped with arrangements, suchas stop check-valves, to preventprogressive flooding of the spaces withwhich they connect; or

(ii) Assumed in the calculationsrequired by paragraph (a) of this sectionto permit progressive flooding of thespaces with which they connect.

(f) Buoyancy of superstructure. Forparagraph (a) of this section, thebuoyancy of any superstructure directlyabove the side damage must beconsidered in the most unfavorablecondition.

TABLE 174.205(b).—EXTENT OFDAMAGE

Collision Penetration

Longitudinal extent(vessels with LBPnot greater than143 feet).

.1L or 6 feet, which-ever is greater inlength.

Longitudinal extent(vessels with LBPgreater than 143feet).

10 feet + .03L.

Transverse extent* .... 30 inches.


TABLE 174.205(b).—EXTENT OFDAMAGE—Continued

Vertical extent ........... From baseline up-ward without limit.

*The transverse penetration applies inboardfrom the side of the vessel, at right angles tothe centerline, at the level of the deepestloadline.

TABLE 174.205(d).—PERMEABILITY OFSPACES

Spaces and tanks Permeability

Storerooms ................ 60 percent.Accommodations ....... 95 percent.Machinery .................. 85 percent.Voids and passage-

ways.95 percent.

Dry-bulk tanks ........... 0(*) or 95 percent.Consumable-liquid

tanks.0(*) or 95 percent.

Other liquid tanks ...... 0(*) 0(**) or 95 per-cent.

*Whichever results in the more disablingcondition.

**If tanks are partly filled, the permeabilitymust be determined from the actual densityand amount of liquid carried.

§ 174.210 Watertight doors in watertightbulkheads.

(a) This section applies to each OSVwith watertight doors in bulkheadsmade watertight in compliance with thischapter.

(b) Except as provided by paragraph(c) of this section, each watertight doormust comply with subpart H of part 170of this chapter.

(c) A Class-1 door may be installed atany place if—

(1) The door has a quick-actingclosing-device operative from both sidesof the door;

(2) The door is designed to withstanda head of water equivalent to the depthfrom the sill of the door to the bulkheaddeck or 10 feet, whichever is greater;and

(3) The OSV’s pilothouse contains avisual indicator showing whether thedoor is open or closed.

(d) Each watertight door must bemarked in compliance with § 131.893 ofthis chapter.

(e) If a Class-1 door is installed, theOSV’s stability letter will require themaster to ensure that the door is alwaysclosed except when being used foraccess.

§ 174.215 Drainage of weather deck.

The weather deck must have openrails to allow rapid clearing of water, ormust have freeing ports in compliancewith § 42.15–70 of this chapter.

§ 174.220 Hatches and coamings.(a) Each hatch exposed to the weather

must be watertight, except that thefollowing hatches may be onlyweathertight:

(1) Each hatch on a watertight trunkthat extends at least 171⁄2 inches abovethe weather deck.

(2) Each hatch in a cabin top.(b) Each hatch cover must—(1) Have securing-devices; and(2) Be attached to the hatch frame or

coaming by hinges, captive chains, orother devices to prevent its loss.

(c) Each hatch that provides access toquarters or to accommodation spaces forcrew members or offshore workers mustbe capable of being opened and closedfrom either side.

(d) Except as provided by paragraph(e) of this section, a weathertight doorwith a permanent watertight coaming atleast 15 inches high must be installedfor each opening in a deckhouse orcompanionway that—

(1) Gives access into the hull; and(2) Is in an exposed place.(e) If an opening in a deckhouse or

companionway has a Class 1 watertightdoor installed, the height of thewatertight coaming need onlyaccommodate the door.

§ 174.225 Hull penetrations and shellconnections.

Each overboard discharge and shellconnection except an engine exhaustmust comply with §§ 56.50–95 and128.230 of this chapter.

Subpart H—Special Rules Pertaining toLiftboats

§ 174.240 Applicability.Each liftboat inspected under

Subchapter L of this chapter mustcomply with this subpart.

§ 174.245 General.Each liftboat must comply with

§§ 174.210 through 174.225.

§ 174.250 Unrestricted service.Each liftboat not limited to restricted

service must comply with Subpart C ofthis part in each condition of loadingand operation.

§ 174.255 Restricted service.This section applies to each liftboat

unable to comply with § 174.250 andlimited to restricted service as definedby § 125.160 of this chapter.

(a) Intact stability. (1) Each liftboatmust be shown by design calculations tomeet, under each condition of loadingand operation afloat, the followingrequirements:

(i) Those imposed by § 174.045, givena ‘‘K’’ value of at least 1.4.

(ii) A range of positive stability of atleast 10 degrees extending from theangle of the first intercept of the curvesof righting moment and wind healingmoment, either to the angle of thesecond intercept of those curves or tothe angle of heel at which downfloodingwould occur, whichever angle is less.

(iii) A residual righting energy of atleast 5 foot-degrees between the angle ofthe first intercept of the curves ofrighting moment and wind heelingmoment, either to the angle of thesecond intercept of those curves or tothe angle of heel at which downfloodingwould occur, whichever angle is less.

(2) For this section, each wind heelingmoment must be calculated asprescribed by § 174.055 of this partusing winds of 60 knots for normalconditions of operation afloat and of 70knots for severe-storm conditions ofoperation afloat.

(3) For paragraph (a)(1) of this section,the initial metacentric height must be atleast 1 foot for each leg positionencountered while afloat including thefull range of leg positions encounteredwhile jacking.

(b) Damaged stability. (1) Each liftboatmust be designed so that, while it is ineach of its normal operating conditions,its final equilibrium waterline willremain below the lowest edge of anyopening through which additionalflooding can occur if the liftboat issubjected simultaneously to—

(i) Damage causing flooding describedby paragraph (b)(4) of this section; and

(ii) A wind heeling momentcalculated in compliance with§ 174.055(b) using a wind speed of 50knots.

(2) Each liftboat must have a means ofclosing off each pipe, ventilationsystem, and trunk in each compartmentdescribed by paragraph (b)(4) of thissection if any part of the pipe,ventilation system, or trunk is within 30inches of the hull.

(3) For compliance with paragraph(b)(1) of this section, no compartmenton the liftboat may be ballasted orpumped out to compensate for theflooding described by paragraph (b)(4)of this section.

(4) For compliance with paragraph(b)(1) of this section, each compartmentwithin 30 inches of the hull, excludingthe bottom of the liftboat, between twoadjacent main watertight bulkheads andthe uppermost continuous deck or firstsuperstructure deck wheresuperstructures are fitted must beassumed subject to simultaneousflooding.

(5) In the calculations required byparagraph (b)(1) of this section, the


permeability of a floodable space mustbe as listed by Table 174.205(b).

(c) On-bottom stability. Each liftboatmust be shown by design calculations toexert a continuous downward force oneach footing when the vessel issupported on the bottom with footingsand is subjected to the forces of waves,currents, and winds of 70 knots undernormal conditions of operation, andwinds of 100 knots under severestormconditions of operation when elevatedin a safe place, if this place is other thana harbor of safe refuge. Waves andcurrents must be appropriate for thewinds and place.

§ 174.260 Freeboard.(a) Each liftboat not required to obtain

and maintain a loadline in compliancewith subchapter E of this chapter mustplace markings on each side of thevessel amidships. These markings musteach consist of a horizontal line 18inches in length and 1 inch in height.The upper edges of the markings mustbe at a distance equal to the authorizedfreeboard measured vertically below theintersection of the continuationoutwards of the upper surface of theweather deck and the outer surface of

the shell. This distance must be at least24 inches.

(b) The markings required byparagraph (a) of this section may not besubmerged in any condition of loadingor operation.

PART 175—GENERAL PROVISIONS


Authority: 46 U.S.C. 3306, 3703; 49 U.S.C.App. 1804; 49 CFR 1.45, 1.46; § 175.01–3 alsoissued under the authority of 44 U.S.C. 3507.

13. Section 175.05–2 is revised to readas follows:

§ 175.05–2 Applicability to offshore supplyvessels.

(a) Offshore supply vessels of morethan 15 but less than 100 gross tons,contracted for before March 15, 1996,are subject to inspection under thissubchapter. Offshore supply vessels ofmore than 15 but less than 100 grosstons, contracted for on or after March15, 1996, are subject to inspection undersubchapter L of this chapter.

(b) Each OSV permittedgrandfathering under paragraph (a) ofthis section must complete construction

and have a Certificate of Inspection byMarch 16, 1996.

14. Section 175.10–40 is revised toread as follows:

§ 175.10–40 Offshore supply vessel.

(a) An offshore supply vessel is avessel that is propelled by machineryother than steam, that is of above 15gross tons and of less than 500 grosstons, and that regularly carries goods,supplies, or equipment in support ofexploration, exploitation, or productionof offshore mineral or energy resources.

(b) An existing offshore supply vesselis one that was contracted for beforeMarch 15, 1996.

(c) A new offshore supply vessel isone contracted for on or after March 15,1996.

Subpart 175.35—[Removed]

15. Subpart 175.35, consisting of§ 175.35–1, is removed.

Dated: November 3, 1995.Robert E. Kramek,Admiral, U.S. Coast Guard Commandant.[FR Doc. 95–27870 Filed 11–15–95; 8:45 am]BILLING CODE 4910–14–M

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ThursdayNovember 16, 1995

Part III

Department ofHousing and UrbanDevelopmentOffice of the Assistant Secretary forHousing—Federal Housing Commissioner

24 CFR Part 203Single Family Mortgage Insurance—Special Forbearance Procedures; FinalRule


DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT

Office of the Assistant Secretary forHousing—Federal HousingCommissioner

24 CFR Part 203

[Docket No. FR–3626–F–02]

RIN 2502–AG20

Single Family Mortgage Insurance—Special Forbearance Procedures

AGENCY: Office of the AssistantSecretary for Housing—Federal HousingCommissioner, HUD.ACTION: Final rule.

SUMMARY: This final rule permits themortgagee and the mortgagor to enterinto a special forbearance agreementwithout obtaining the prior approval ofHUD requiring the payment of thearrearage before maturity of themortgage. It also eliminates the presentgap in reimbursement of debentureinterest that occurs if the mortgagor filesa petition in bankruptcy after enteringinto a special forbearance agreement.The purpose of this change is toencourage mortgagees to make greateruse of special forbearance procedureswhen the mortgagor is temporarilyunable to make full regular mortgagepayments. When special forbearanceagreements are utilized, butsubsequently fail, mortgagees areentitled to collect all unpaid interest ontheir claim, from the oldest unpaidinstallment to foreclosure initiation.Generally this provides for inclusion ofat least two additional months ofinterest on the insurance claimreimbursement.EFFECTIVE DATE: This final rule iseffective on December 18, 1995.FOR FURTHER INFORMATION CONTACT:Joseph McCloskey, Director, SingleFamily Servicing Division, Room 9178,Department of Housing and UrbanDevelopment, 451 Seventh Street, SW.,Washington, DC 20410, (202) 708–1672,or, for hearing and speech impaired,(202) 708–4594. (These are not toll-freenumbers).


BackgroundThis rule revises current HUD

regulations governing forbearanceprocedures in the context of theservicing of FHA insured single-familyhome mortgage loans. HUD currentlyhas two special forbearance procedures.Under 24 CFR 203.614(a), the mortgageemust obtain prior approval from HUDfor the special forbearance agreement to

be valid. A special forbearanceagreement with HUD approval mayrequire increased payments prior tomortgage maturity. Under 24 CFR203.614(b), the mortgagee may reduce orsuspend the mortgagor’s requiredpayments during the forbearance periodwithout HUD approval, but may notincrease payments to recover arrearageuntil after mortgage maturity. This ruleadds a new paragraph (c) to § 203.614,which will permit the mortgagee toreduce the required payments to anamount not less than 50% of the regularmortgage payments for a forbearanceperiod of up to nine (9) months. Onexpiration of the forbearance period, butno sooner than four (4) months after theexecution of the agreement, themortgagee may, without HUD approval,increase the required payments to notmore than one and one-half (11⁄2) timesthe regular payment amount until allarrearages are repaid.

LimitationsThe new procedure contains several

limitations to keep arrearages fromaccumulating to an amount that themortgagor cannot reasonably beexpected to repay before loan maturity.These limitations include:

• The agreement must be executednot later than the due date of theseventh unpaid monthly installment;

• The monthly payments may bereduced but not suspended;

• The period of reduced paymentsmay not exceed nine (9) months;

• The increase in payments may notbe required earlier than four (4) monthsafter execution of the agreement;

• The first payment may be anyamount mutually agreed upon by themortgagor and mortgagee, and must bedue within 30 days of execution of theagreement; and

• The agreement is not considered avalid special forbearance agreementuntil the first required payment underthe terms of the agreement is made.

If greater forbearance relief is needed,the mortgagee can utilize the existingforbearance procedures, or can providea less restrictive work out plan underwhich the mortgagee may not beentitled to the payment of additionalnote interest on that portion of the claimcovered by the special forbearance.

Conditions for New ProceduresThe conditions for granting the new

form of special forbearance relief are asfollows:

(1) As under the existing regulations,the mortgagor must establish to thesatisfaction of the mortgagee that themortgagor does not own other propertysubject to an FHA-insured mortgage and

that the default was caused bycircumstances beyond the control of themortgagor.

(2) During the forbearance period, theforbearance agreement must provide forpayment of not less than 50 percent ofthe regular mortgage payments, normore than the regular mortgagepayments. The Secretary, byadministrative instruction, may permit adifferent required minimum percentage,but in no event will it be more than 100percent of the regular mortgagepayment.

(3) The period of reduced paymentsmay not exceed nine (9) monthlypayments after execution of theforbearance agreement.

(4) The agreement must provide for anincrease in payments, in order torecover arrearage accruing prior to andduring the forbearance period. Theincrease in the payments is to begin noearlier than four (4) months afterexecution of the agreement.

(5) The increased payments may notexceed one and one-half (11⁄2) times theregular mortgage installments.

(6) The agreement must provide forresumption of the regular mortgagepayments after the total amount ofarrearage is repaid.

(7) The agreement must be executedno later than the due date of the seventhfull unpaid monthly payment.

(8) The agreement must require thatthe first payment is due within 30 daysof the execution of the agreement.

(9) The agreement is not a validspecial forbearance agreement until thefirst required payment under the termsof the agreement is made.

Other Changes

Current regulations have the effectthat if State law, bankruptcy, orassignment considerations preclude amortgagee from initiating foreclosurewithin 90 days after the mortgagor failsto meet the requirements of a specialforbearance agreement, then neithermortgage nor debenture interest is paidon the insurance claim for the periodfrom 90 days after the date of themortgagor’s failure to meet therequirements of a special forbearanceagreement until the date foreclosure isinitiated (§§ 203.402a and203.410(a)(3)). This rule eliminates thislapse in interest payments by revising§ 203.410(a)(3) to provide that debentureinterest payments begin the day after thedate to which mortgage interest iscomputed.

In addition, current regulations do notspecifically identify mortgageassignment consideration as a possiblereason for delaying foreclosure


initiation; this rule has been expandedto do so.

Section 203.355 has been amended toadd paragraph (h), which requires that,if the mortgagor fails to meet therequirements of a special forbearanceagreement and the failure continues fora period of 60 days, the mortgagee mustinitiate foreclosure within the later ofnine (9) months after the date of default,or 90 days following the mortgagor’sfailure to meet the special forbearancerequirements.

Finally, the rule makes a conformingrevision to § 203.355(c). This sectioncurrently requires mortgagees tocommence foreclosure within 60 daysafter the expiration of any prohibitionon foreclosure that is found in State lawor Federal bankruptcy law when suchprohibition did not permitcommencement of foreclosure withinprescribed time requirements. The rulealso applies this 60-day requirementwhen such prohibitions do not permitthe commencement of foreclosure afterthe mortgagor’s failure to meet therequirements of a special forbearanceagreement.

Public CommentsThe Department published a proposed

rule on January 23, 1995 at 60 FR 4391.Six commenters responded to the

proposed rule: one association, threemortgage lenders, one consultant andone provider of legal services. Three ofthe six generally supported the rule, butrecommended certain changes. Anothercommenter fully agreed with the rule asproposed. Two of the comments tookissue with the need for any amendmentto the rule, indicating that the existingregulation already authorized some ofthe proposed rule’s features. TheDepartment is persuaded by thosecomments indicating that the proposedrule may have been too restrictive toencourage widespread use.Consequently, the final rule containsseveral revisions.

Below is a listing of the commentsreceived and the Department’sresponses.

1. Two commenters indicated that any‘‘reasonable’’ arrangement that would beacceptable to the mortgagee shouldqualify as a special forbearance, and thetest of whether the agreement was‘‘reasonable’’ should rest with asubsequent review of the file. HUDacknowledges that a mortgagee shouldand does have the flexibility to enterinto any reasonable arrangement that isacceptable to that mortgagee to cure adefault. However, with respect to sucharrangement qualifying as a ‘‘specialforbearance’’ agreement entitling themortgagee to significant additional

amounts on a claim payment, HUD hasa responsibility to place suchrestrictions as are deemed appropriateto safeguard against the possibility ofoverpayments from the InsuranceFunds. With regard to evaluating theappropriateness of the agreementthrough a post-claim review of the file,the rule is specifically intended to avoidthis. If all the requirements of this newspecial forbearance rule are met, HUDdoes not intend to second-guess themortgagee’s decision after the fact.

2. One commenter indicated that thecriterion requiring payments under theagreement to be not less than 50% hadno intrinsic value and therefore shouldbe modified. As the rule specificallyprovides for the ability of theCommissioner to adjust this criterion atany time through administrativeinstruction, HUD does not agree thatthis criterion should be removed. Afterthe Department has had some practicalexperience with this regulation, adecision will be made as to whether anadjustment to the minimum acceptablepayment is advisable.

3. One commenter indicated thatrequiring the execution of the agreementwithin four (4) months of delinquencymay prove to be too restrictive andtherefore counterproductive. TheDepartment is persuaded by thisargument and this criterion has beenliberalized in the final rule. Agreementswhich are executed by the due date ofthe seventh unpaid monthly installmentwill meet the criteria for a valid specialforbearance agreement.

4. One commenter indicated that theperiod during which reduced paymentsare allowed was too short and did notprovide the mortgagee with sufficientflexibility. The Department is persuadedby this comment and has revised thefinal rule to extend the allowable periodof reduced payments from six (6) to nine(9) months.

5. Several commenters indicated ingeneral comments that the final rulecould be made more useful if theeligibility criteria were revised to be lessrestrictive. As indicated above, theDepartment is persuaded by this generalobservation as evidenced by languagecontained in the final rule that easessome of the criteria contained in theproposed rule.

The following is a summary of therevisions contained in the final rule.

(1) The period within which anagreement may be entered has beenextended from four (4) months to thedue date of the seventh full unpaidinstallment.

(2) The period the mortgagee mayprovide forbearance has been extendedfrom six (6) months to nine (9) months.

(3) The period of time the mortgageemust wait after executing the agreementbefore it can require increased paymentshas been reduced from six (6) months tofour (4) months.

(4) The agreement can allow up to 30days after execution before the initialpayment is required, rather thanrequiring payment to be made at thetime the agreement is executed.

6. Two of the commenters disagreedwith the need for this rule, indicatingthat the existing regulation alreadyenables mortgagees to increasepayments under special forbearanceagreements without HUD approval. Inaddition, both of these commentersindicated that the proposed rule wouldadversely affect the interest ofmortgagees with respect to mortgagesalready insured or approved forinsurance, and therefore should beprospective only, under the provisionsof § 203.499. HUD has made adetermination that the currentregulation does not authorize themortgagee to increase payments under aspecial forbearance agreement prior tothe maturity date without HUDapproval. HUD, therefore, disagrees thatthis rulemaking is unnecessary, andHUD maintains its position that thischange is necessary to enable themortgagee to increase payments underan agreement that qualifies as a ‘‘specialforbearance’’ agreement, prior to theloan maturity date. HUD disagrees withthe assertion that this rule would havea negative impact on loans alreadyinsured. The use of this additionalspecial forbearance provision iscompletely elective on the part of themortgagee; furthermore, HUD sees noadverse effect on loans currentlyinsured. To the contrary, HUD believesthis additional special forbearanceprovision provides a significant benefitto the mortgagee. Therefore, it is HUD’sposition that the prospectivityrequirement of § 203.499 is notapplicable to this rule.

Other Matters

Environmental Impact

In accordance with 40 CFR 1508.4 ofthe regulations of the Council onEnvironmental Quality and 24 CFR50.20 (a) and (l) of the HUD regulations,the policies and procedures containedin this rule relate only to loan terms andindividual actions involving single-family housing and, therefore, arecategorically excluded from therequirements of the NationalEnvironmental Policy Act.


Executive Order 12612, Federalism

The General Counsel, as theDesignated Official under section 6(a) ofExecutive Order 12612, Federalism, hasdetermined that the policies containedin this rule would not have substantialdirect effects on States or their politicalsubdivisions, or the relationshipbetween the Federal government andthe States, or on the distribution ofpower and responsibilities among thevarious levels of government. As aresult, the rule is not subject to reviewunder the Order. Specifically, therequirements of this rule are directed tolenders and do not impinge upon therelationship between the Federalgovernment and State and localgovernments.

Executive Order 12606, The Family

The General Counsel, as theDesignated Official under Executiveorder 12606, The Family, hasdetermined that this rule would nothave potential for significant impact onfamily formation, maintenance, andgeneral well-being, and, thus, is notsubject to review under the Order. Nosignificant change in existing HUDpolicies or programs would result frompromulgation of this rule, as thosepolicies and programs relate to familyconcerns.

Impact on Small Entities

The Secretary, in accordance with theRegulatory Flexibility Act (5 U.S.C.605(b)), has reviewed and approved thisproposed rule, and in so doing certifiesthat this rule would not have asignificant economic impact on asubstantial number of small entities.The rule would permit, but would notrequire, use of a special forbearanceprocedure by mortgagees. In addition,the number of cases to which theprocedure would apply is limited.

Catalog of Federal Domestic Assistance.

The Catalog of Federal DomesticAssistance program number is 14.117.


Hawaiian Natives, Homeimprovement, Loan programs—housingand community development, Mortgageinsurance, Reporting and record keepingrequirements, Solar energy.

Accordingly, part 203 of title 24 of theCode of Federal Regulations is amendedas follows:

PART 203—SINGLE FAMILYMORTGAGE INSURANCE


Authority: 12 U.S.C. 1709, 1710, 1715b and1715u; 42 U.S.C. 3535(d).

2. In § 203.355, the introductory textof paragraph (a) and paragraph (c) arerevised and new paragraph (h) is added,to read as follows:

§ 203.355 Acquisition of property.

(a) In general. Except as provided inparagraphs (b) through (h) of thissection, upon default of a mortgage themortgagee shall take one of thefollowing actions. Such action shall betaken within nine (9) months from thedate of default, or within any additionaltime approved by the Secretary orauthorized by §§ 203.345, 203.346, or§§ 203.650 through 203.660:* * * * *

(c) Prohibiting of foreclosure withintime limits. If assignment considerationunder §§ 203.650 through 203.660, thelaws of the State in which themortgaged property is located, orFederal bankruptcy law:

(1) Do not permit the commencementof foreclosure within the time limitsdescribed in paragraphs (a), (b), (g), and(h) of this section, the mortgagee mustcommence foreclosure within 60 daysafter the expiration of the time duringwhich foreclosure is prohibited; or

(2) Require the prosecution of aforeclosure to be discontinued, themortgagee must recommence theforeclosure within 60 days after theexpiration of the time during whichforeclosure is prohibited.* * * * *

(h) Special Forbearance. If themortgagor fails to meet the requirementsof a special forbearance under § 203.614and the failure continues for 60 days,the mortgagee must commenceforeclosure within the later of nine (9)months after the date of default or 90days after the mortgagor’s failure tomeet the special forbearancerequirements.

3. Section 203.402a is revised to readas follows:

§ 203.402a Reimbursement for uncollectedinterest.

The mortgagee shall be entitled toreceive an allowance in the insurancesettlement for unpaid mortgage interestif the mortgagor fails to meet therequirements of a forbearance agreemententered into pursuant to § 203.614 andthis failure continues for a period of 60days. The interest allowance shall becomputed to:

(a) The earliest of the applicablefollowing dates, except as provided inparagraph (b) of this section:

(1) The date of the initiation offoreclosure;

(2) The date of the acquisition of theproperty by the mortgagee by meansother than foreclosure;

(3) The date the property wasacquired by the Commissioner under adirect conveyance from the mortgagor;

(4) Ninety days following the date themortgagor fails to meet the requirementsof the forbearance agreement, or suchother date as the Commissioner mayapprove in writing prior to theexpiration of the 90-day period; or

(5) The date the mortgagee sends themortgagor notice of eligibility toparticipate in the Pre-Foreclosure Saleprocedure; or

(b) The date foreclosure is initiated ora deed in lieu is obtained, or the datesuch actions were required by§ 203.355(c), whichever is earlier, if thecommencement of foreclosure withinthe time limits described in§ 203.355(a), (b), (g), or (h) is precludedby:

(1) Assignment consideration under§§ 203.650–203.660;

(2) The laws of the State in which themortgaged property is located; or

(3) Federal bankruptcy law.4. In § 203.410, the heading of

paragraph (a) is revised and paragraph(a)(3) is revised to read as follows:

§ 203.410 Issue date of debentures.(a) Conveyed properties, claims

without conveyance, pre-foreclosuresales—* * *

(3) As of the day after the date towhich mortgage interest is computed asspecified in § 203.402a, if the insurancesettlement includes an allowance foruncollected interest in connection witha special forbearance.* * * * *

5. In § 203.614, a new paragraph (c) isadded, to read as follows:

§ 203.614 Conditions of specialforbearance.* * * * *

(c) The mortgagee may grant specialforbearance relief providing forincreased mortgage payments withoutthe approval of the Secretary, subject tothe following conditions:

(1) The conditions of paragraph (b)(1)of this section are met;

(2) The agreement is executed notlater than the due date of the seventhfull unpaid monthly payment;

(3) Within 30 days after the date of theexecution of the agreement, themortgagor must pay an amount agreedupon by the mortgagor and themortgagee, but not less than the firstmonthly installment due under theagreement;

(4) The agreement is not valid untilthe full initial payment is made underthe terms of the agreement.


(5) The written special forbearanceagreement shall:

(i) Provide for the payment for aperiod not to exceed nine (9) monthsafter execution of the agreement, of:

(A) Not less than 50 percent of theregular mortgage payments, but notmore than the regular mortgagepayment; or

(B) Such other percentage as theSecretary, by administrative instruction,may determine, but in no event morethan the regular mortgage payment;

(ii) Provide for an increase ofpayments to not more than one and one-half (11⁄2) times the regular mortgagepayments, commencing no sooner thanfour (4) months after execution of theagreement; and

(iii) Provide for resumption of theregular mortgage payments after thetotal unpaid amount accruing prior toand during the forbearance period isrepaid.

Dated: November 8, 1995.Nicolas P. Retsinas,Assistant Secretary for Housing-FederalHousing Commissioner.[FR Doc. 95–28306 Filed 11–15–95; 8:45 am]BILLING CODE 4210–27–P

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FEDERAL REGISTER PAGES AND DATES, NOVEMBER

55423–55650......................... 155651–55776......................... 255777–55988......................... 355989–56114......................... 656115–56222......................... 756223–56502......................... 856503–56930......................... 956931–57144.........................1357145–57312.........................1457313–57532.........................1557533–57680.........................16

CFR PARTS AFFECTED DURING NOVEMBER

At the end of each month, the Office of the Federal Registerpublishes separately a List of CFR Sections Affected (LSA), whichlists parts and sections affected by documents published sincethe revision date of each title.

3 CFRProclamations:6846.................................559876847.................................561136848.................................562216849.................................57311Executive Orders:12170 (See Notice of

October 31, 1995)........5565112938 (See Notice of

November 8,1995) ............................57137

Administrative Orders:Notices:October 31, 1995.............55651November 8, 1995...........57137Presidential Determinations:No. 96–4 of November

1, 1995 .........................56931

5 CFR213...................................55653532.......................55423, 57145Proposed Rules:179...................................56538

7 CFR

2.......................................5639224.....................................56206201...................................57146210...................................57146220...................................57146235...................................57147248...................................57148301.......................55777, 56639322...................................55989401...................................56933406...................................56933443...................................55781915...................................56935927...................................56503932...................................56504944...................................56504989...................................575331030.................................571481065.................................571481068.................................571481076.................................571481079.................................571481131.................................559891464.................................571641755.................................559911767.................................554233600.................................575343601.................................57536Proposed Rules:401...................................56257443...................................56257457...................................56257782...................................57198928...................................56003950...................................57548

985...................................571441124.................................565381135.................................565381421.................................55807

8 CFR

3.......................................57313100...................................57165287...................................56936Proposed Rules:292...................................57200292a.................................57200

9 CFR

80.....................................5598992.....................................5753794.........................55440, 57313161...................................55443318...................................55962319...................................55962381...................................55962Proposed Rules:113...................................57549

10 CFR

Proposed Rules:50.....................................5737070.....................................55808

11 CFR

104...................................56506106...................................57537110...................................56506114...................................565069002.................................575379003.................................575379004.................................575379006.................................575379007.................................575379008.................................575379032.................................575379033.................................575379034.....................57537, 575389036.................................575379037.................................575379038.....................57537, 575389039.................................57537Proposed Rules:9002.................................56268

12 CFR

4.......................................5731510.....................................5731511.....................................5731518.....................................57315707...................................57173Proposed Rules:701...................................55663960...................................55487

13 CFR

122...................................55653

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Proposed Rules:114...................................55808

14 CFR

25.....................................5622329.....................................5577439 ...........55443, 55781, 55784,

55785, 56115, 56224, 56506,56937, 56939, 56941, 57174,

57333, 57539, 5754161.....................................5733463.....................................5733465.....................................5733471 ...........55445, 55649, 55655,

55656, 55787, 56508, 56509,57334

97.........................56509, 56944108.......................55656, 57334121.......................57334, 57335135...................................57334Proposed Rules:Ch. I .................................5626923.....................................5549139 ...........55491, 55495, 55496,

55668, 55673, 55680, 55681,55811, 56270, 56271, 56274,

5720171 ...........55498, 55502, 55503,

55813, 55814, 56276, 56277,56539, 56639, 57551, 57552

15 CFR

801...................................57335Proposed Rules:945...................................56540

16 CFR

259...................................56230305...................................56945435...................................56949Proposed Rules:423...................................57552

17 CFR

Proposed Rules:36.....................................56093

18 CFR

11.....................................55992Proposed Rules:Ch. I .................................56278284...................................55504

19 CFR

10.....................................5599512.....................................55995102...................................55995111...................................56117178...................................55995Proposed Rules:134...................................57559

20 CFR

404...................................56511

21 CFR

5.......................................5733773.....................................55446103...................................57076129...................................57076146...................................56513165...................................57076175...................................57338184.......................55788, 57076429...................................56515

510...................................55657520...................................55657522...................................55657524...................................55657526...................................55657529...................................55657558...................................55657Proposed Rules:101...................................56541131...................................56541133...................................56541165...................................57132

22 CFR

Proposed Rules:42.....................................56961

23 CFR

Proposed Rules:668...................................56962710...................................56004711...................................56004712...................................56004713...................................56004714...................................56004715...................................56004716...................................56004717...................................56004718...................................56004719...................................56004720...................................56004721...................................56004722...................................56004723...................................56004724...................................56004725...................................56004726...................................56004727...................................56004728...................................56004729...................................56004730...................................56004731...................................56004732...................................56004733...................................56004734...................................56004735...................................56004736...................................56004737...................................56004738...................................56004739...................................56004740...................................56004

24 CFR

29.....................................5748491.....................................56892203...................................57676235...................................56498570...................................56892888...................................55934950...................................57304990...................................57304Proposed Rules:570...................................56104

25 CFR

Proposed Rules:161...................................55506

26 CFR

1.......................................56117

29 CFR

102...................................56233452...................................571771952.................................56950

2619.................................573392676.................................57339Proposed Rules:1910.................................561271915.................................561271926.....................56127, 562792607.................................57372

30 CFR

250...................................55683914.......................55649, 56516920...................................56521935...................................56523936...................................56528943...................................56529Proposed Rules:18.....................................5720375.....................................57203202...................................56007206.......................56007, 57204211.......................56007, 56033250...................................57560260...................................57204764...................................55815902...................................56547934...................................56549942...................................55815

31 CFR

1.......................................57315Proposed Rules:224...................................56551

32 CFR

199...................................55448706.......................56120, 56237Proposed Rules:552...................................55816

33 CFR

100...................................55456165 ..........55456, 57341, 57342402...................................56121Proposed Rules:100...................................55511110...................................56964117...................................55515157...................................55904164...................................55890165...................................56968

34 CFR

370...................................55758Proposed Rules:535...................................56920

36 CFR

Ch. I .................................557891.......................................557897.......................................557899.......................................5578914.....................................5578920.....................................5578964.....................................55789Proposed Rules:7.......................................56034

37 CFR

1.......................................556915.......................................5569110.....................................55691255...................................55458

38 CFR

2.......................................55995

3...........................55791, 5717821.....................................55995

39 CFR

224...................................57343261...................................57343262...................................57343263...................................57343264...................................57343265...................................57343266...................................57343267...................................57343268...................................57343

40 CFR

51.....................................5717952 ...........55459, 55792, 56238,

56241, 5624470 ...........55460, 57186, 57188,

57346, 57352, 5735781.....................................5579293.....................................57179180.......................57361, 57364264...................................56952265...................................56952271...................................56952300...................................55456766...................................56954799...................................56954Proposed Rules:52 ...........55516, 55820, 56127,

56129, 56279, 5628060.....................................5737363.........................56133, 5762870 ...........55516, 56281, 56285,

5720481.....................................5582086.....................................55521180 ..........57375, 57377, 57379260...................................56468261...................................56468262...................................56468263...................................56468264...................................56468265...................................56468270...................................56468372...................................57382

41 CFR

101–41.............................56246201–9...............................55660201–39.............................56248

42 CFR

Proposed Rules:100...................................56289

43 CFR

12.....................................575422800.................................570582810.................................570582880.................................57058Proposed Rules:2810.................................575613170.................................56970Public Land Orders:7170.................................571927171.................................571927172.................................57192

44 CFR

65 ...........55467, 55469, 56249,56251, 56252

67.........................55471, 56253Proposed Rules:61.....................................56552

iiiFederal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / Reader Aids

67 ............55525, 56300, 56307

46 CFR90.....................................5763098.....................................57630125...................................57630126...................................57630127...................................57630128...................................57630129...................................57630130...................................57630131...................................57630132...................................57630133...................................57630134...................................57630135...................................57630136...................................57630170...................................57630174...................................57630175...................................57630514...................................56122Proposed Rules:10.....................................5697012.....................................5697015.....................................5697031.....................................5590435.....................................55904

47 CFR0.......................................5599611.....................................5599621.....................................5736563.....................................5719364.....................................56124

73 ...........55996, 56000, 56001,56125, 56255, 56531, 56532,

5736874.....................................57365Proposed Rules:Ch. I .................................5552947.....................................5603473 ...........55476, 55661, 55801,

56310, 55820, 55821, 55822,56553, 56554

74.....................................5547690.....................................5548497.....................................55485100...................................55822

48 CFR1215.................................558011252.................................558011253.................................558011815.................................56125Proposed Rules:1.......................................571403.......................................571404.......................................571409.......................................5596013.....................................5714015.....................................5603531.........................56216, 5714052.....................................5714053.....................................57140216...................................56972217...................................56972233...................................56972237...................................56972

247...................................56972250...................................56972252...................................569721213.................................558271237.................................558271252.....................55827, 56975

49 CFR

1.......................................56532173...................................56957384...................................57543Proposed Rules:571 .........56554, 57562, 57565,

57567

50 CFR

17.....................................56533371...................................56959638...................................56533641...................................55805672...................................56255675 .........55662, 55805, 55806,

56001, 57545676...................................57546Proposed Rules:10.....................................5738613.....................................5738617 ............56976, 57386, 57387

LIST OF PUBLIC LAWS

This is a continuing list ofpublic bills from the current

session of Congress whichhave become Federal laws. Itmay be used in conjunctionwith ‘‘P L U S’’ (Public LawsUpdate Service) on 202–523–6641. The text of laws is notpublished in the FederalRegister but may be orderedin individual pamphlet form(referred to as ‘‘slip laws’’)from the Superintendent ofDocuments, U.S. GovernmentPrinting Office, Washington,DC 20402 (phone, 202–512–2470).

H.R. 1905/P.L. 104–46

Energy and WaterDevelopment AppropriationsAct, 1996 (Nov. 13, 1995; 109Stat. 402)

H.R. 2589/P.L. 104–47

To extend authorities underthe Middle East PeaceFacilitation Act of 1994 untilDecember 31, 1995, and forother purposes. (Nov. 13,1995; 109 Stat. 423)

Last List November 9, 1995