issue-1995-12-19•Federal Register proposed rules — 1995-12-19
Federal Register proposed rules — 1995-12-19
issue-1995-12-19Federal Register proposed rules — 1995-12-19Proposed Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 95-30814 Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco Products To Protect Children and Adolescents; Correction
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65260-65261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30814]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 801, 803, 804, and 897
[Docket No. 95N-0253]
Regulations Restricting the Sale and Distribution of Cigarettes
and Smokeless Tobacco Products To Protect Children and Adolescents;
Correction
AGENCY: Food and Drug Administration, HHS.
ACTION: Proposed rule, correction.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is correcting a
proposed rule that appeared in Federal Register of August 11, 1995 (60
FR 41314). The document proposed new regulations governing the sale and
distribution of nicotine-containing cigarettes and smokeless tobacco
products to children and adolescents in order to address the serious
public health problems caused by the use of and addiction to these
products. The agency has identified some proofreading inaccuracies in
the references listed in the document. This document corrects those
errors.
FOR FURTHER INFORMATION CONTACT: Philip L. Chao, Office of Policy (HF-
23), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD
20857, 301-827-3380.
In FR Doc. 95-20051 appearing on page 41314 in the Federal Register
of Friday, August 11, 1995, the following corrections are made:
1. On page 41316, in Ref. 2, in the second column, in line 2, ``pp.
645-649'' is corrected to read ``pp. 77-81''.
2. On page 41316, in the second column, in Ref. 4, in line 4, ``pp.
645-649'' is corrected to read ``pp. 77-81''.
3. On page 41316, in Ref. 16, in the third column, in line 2, ``p.
32-47'' is corrected to read ``pp. 31-47''.
4. On page 41319, in the third column, in Ref. 5, in line 3, ``No.
50'' is corrected to read ``No. 20''.
5. On page 41321, in the first column, in Ref. 76, in line 16,
``No. 2'' is corrected to read ``No. 1''.
6. On page 41321, in the first column, in Ref. 83, in lines 6 and
7, ``pp. 100, 197'' is corrected to read ``pp. 100, 197-198''.
7. On page 41342, in the third column, in Ref. 41, in line 4, ``p.
23'' is corrected to read ``p. 24''.
8. On page 41343, in the first column, in Ref. 67, ``pp. 225-226''
is corrected to read ``pp. 224-226''.
[[Page 65261]]
9. On page 41343, in the first column, in Ref. 68, beginning in
line 3, ``A3, col. 2'' is corrected to read ``A2, col. 3''.
10. On page 41343, in the first column, in Ref. 70, in line 4,
``pp. 21-26, 1988'' is corrected to read ``pp. 21-26, January/February,
1988.''
11. On page 41343, in the second column, in Ref. 74, ```Wall Street
Journal,''' October 26, 1994, at p. A14, col. 5'' is corrected to read
```How A Tobacco Giant Doctors Snuff Brands to Boost Their `Kick'',''
Wall Street Journal, October 26, 1994, at p. A1.''
12. On page 41343, in the second column, in Ref. 75, ```The New
York Times,''' January 13, 1984, at p. D4, col. 5.'' is corrected to
read ```Moving Smokers to Sniff,''' The New York Times, January 13,
1984, at p. 4, section D, col. 5.''
13. On page 41343, in the second column, in Ref. 84, ```American
University Studies''' is added before the phrase ``Peter Lang
Publishing Inc.,'' and ``vol. 30, Series X, pp. 150-153,'' is added
after that same phrase.
14. On page 41343, in the second column, in Ref. 85, in line 5, pp.
``545-573'' is corrected to read ``pp. 545-570''.
15. On page 41343, in the second column, in Ref. 87, in line 4,
``September 28'' is added before ``1985''.
16. On page 41343, in the second column, in Ref. 88, in line 3,
``No. 2'' is added after ``vol. 77,''.
17. On page 41343, in Ref. 89, in the third column, in line 2,
``No. 6'' is added after ``vol. 82,'' and in line 7, ``No. 7'' is added
after ``vol. 84,'' and ``July'' is added after ``pp. 1148-1150,''.
18. On page 41343, in the third column, in Ref. 92, in line 3, ``Am
J Prev Med, 1994 (in press).'' is corrected to read ``Am. J. Prev.
Med., vol. 10, (6), pp. 319-326.''
19. On page 41343, in the third column, in Ref. 93, beginning in
line 3, ``University of California, San Diego, La Jolla, CA, 1994'' is
corrected to read ``La Jolla, Calif: University of California, San
Diego, 1994.''
20. On page 41343, in the third column, in Ref. 95, in line 7,
``May 1976'' is corrected to read ``Annex 2, May 1978'', and in line
11, ``p. 33'' is corrected to read ``p. 33-34'', and in lines 13 and
14, ``WHA 43.16, May 17, 1990'' is corrected to read ``WHA 43.16, May
17, pp. 1-2, 1990''.
21. On page 41344, in the first column, in Ref. 106, in line 1,
``Olsen'' is corrected to read ``Olson''.
22. On page 41344, in the third column, in Ref. 141, ``Id.'' is
corrected to read ```Youth 1987,' The Creative Research Group Limited,
for RJR Macdonald Inc., General Report, June 8, 1987.''
23. On page 41345, in the first column, in Ref. 157, beginning in
line 6, ``School-children'' is corrected to read ``Schoolchildren''.
24. On page 41345, in the first column, in Ref. 158, in line 7,
``a'' is corrected to read ``A'', and in line 11, ``Triers'' is
corrected to read ```Triers,'''.
25. On page 41345, in the first column, in Ref. 162, in line 1,
``Botvin, G.,'' is corrected to read ``Botvin, G.J.,'' and in line 6,
the ``Prevalence''.
26. On page 41345, in the first column, in Ref. 166, in line 2,
``Cigarette'' is corrected to read ``Cig''.
27. On page 41345, in the first column, in Ref. 167, in line 1,
``Pierce, J., et al.'' is corrected to read ``Pierce, J.P., et al.'',
and in line 5, ``p. 3145-3148'' is corrected to read ``pp. 3154-3158''.
28. On page 41345, in the second column, in Ref. 169, beginning in
line 1, ```The Relationship Between Cartoon Trade Character Recognition
and Product Category Attitude in Young Children,''' is corrected to
read ```Trade Character Recognition and Attitude Toward the Product by
3 to 6-Year Old Children''', and in line 5, ``May 13-14, 1994'' is
corrected to read ``June 4-5, 1993.''
29. On page 41345, in the second column, in Ref. 170, in line 1,
``Pierce, J., et al.,'' is corrected to read ``Pierce, J.P., et al.''
30. On page 41345, in the second column, in Ref. 175, in line 1,
``Pierce, J., et al.,'' is corrected to read ``Pierce, J.P., et al.,''.
31. On page 41345, in the third column, in Ref. 188, in lines 5 and
6, the phrase ``Economics, and Operational Research Division'' is
corrected to read ``Economics and Operational Research Division''.
32. On page 41345, in the third column, in Ref. 189, in lines 9 and
10, ```An Empirical Analysis of Dynamic, Nonprice Oligopolistic
Industry,''' is corrected to read ```An Empirical Analysis of Dynamic,
Nonprice Competition In An Oligopolistic Industry'''.
33. On page 41345, in the third column, in Ref. 190, in the second
line from the bottom, ```Smoldering''' is corrected to read
```Smouldering'''.
34. On page 41346, in the first column, in Ref. 192, in line 2, the
phrase ```and Sometimes They Don't.''' is corrected to read ```and
somethimes they don't.'''
35. On page 41346, in the first column, in Ref. 193, in lines 1 and
8, ``Rossiter, J.'' is corrected to read ``Rossiter, J.R.'', and in
line 4, ``Lutz, K., and R. Lutz,'' is corrected to read ``Lutz, K.A.
and R.J. Lutz,''.
36. On page 41346, in the first column, in Ref. 194, in line 1,
``Rossiter, J.,'' is corrected to read ``Rossiter, J.R.,''.
37. On page 41346, in the first column, in Ref. 195, in line 4,
``pp. 249-255'' is corrected to read ``pp. 249-254''.
38. On page 41346, in the first column, in Ref. 201, in line 2, the
word ```Among''' is removed.
39. On page 41346, in the second column, in Ref. 213, in line 2,
``for 1993'' is removed.
40. On page 41346, in the second column, in Ref. 222, in line 5,
``pp. 915-916'' is corrected to read ``pp. 913-917''.
41. On page 41346, in the second column, in Ref. 233, in line 3,
``&'' is removed and the word ``and'' is inserted in its place.
42. On page 41372, in the first column, in Ref. 30, in line 4,
``pp. 663-666'' is corrected to read ``pp. 1-13''.
43. On page 41372, in the first column, in Ref. 31, ``Id., p. 663''
is corrected to read ``Id. p. 10.''
Dated: December 12, 1995.
William B. Schultz,
Deputy Commissioner for Policy.
[FR Doc. 95-30814 Filed 12-18-95; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 95-30796 Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Best Available Controls for Consumer and Commercial Products (including Architectural and Industrial Maintenance Coatings)
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Page 65262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30796]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MA44-1-7167b; A-1-FRL-5314-7]
Approval and Promulgation of Air Quality Implementation Plans;
Massachusetts; Best Available Controls for Consumer and Commercial
Products (including Architectural and Industrial Maintenance Coatings)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Massachusetts. This revision
establishes and requires VOC emission standards for architectural and
industrial maintenance coatings and 10 categories of consumer products
. In the Final Rules Section of this Federal Register, EPA is approving
the State's SIP revision as a direct final rule without prior proposal
because the Agency views this as a noncontroversial revision amendment
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to that direct final rule, no further activity
is contemplated in relation to this proposed rule. If EPA receives
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period on this proposal. Any parties interested in commenting on this
proposal should do so at this time.
DATES: Comments must be received on or before January 18, 1996.
ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203.
Copies of the State submittal and EPA's technical support document are
available for public inspection during normal business hours, by
appointment at the Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region I, One Congress Street, 10th
floor, Boston, MA and the Division of Air Quality Control, Department
of Environmental Protection, One Winter Street, 8th Floor, Boston, MA
02108.
FOR FURTHER INFORMATION CONTACT: Jeanne Cosgrove , (617) 565-3246.
SUPPLEMENTARY INFORMATION: For additional information, see the direct
final rule which is located in the Rules Section of this Federal
Register.
Authority: 42 U.S.C. 7401-7671q
Dated: September 21, 1995.
John P. DeVillars,
Regional Administrator, EPA New England.
[FR Doc. 95-30796 Filed 12-18-95; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 95-30777 Definitions of Special Use Airspace; Correction
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Page 65254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30777]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 1
[Docket No. 25767; Notice No. 95-16]
RIN 2120-AF92
Definitions of Special Use Airspace; Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Correction to the notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the notice of proposed
rulemaking (NPRM), 60 FR 58494, published on November 27, 1995. The
correction to the address in the preamble reads as follows: Comments
may also be sent electronically to the following Internet address:
[email protected].
ADDRESSES: Comments on this NPRM should be mailed, in triplicate, to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Docket No. 25767, 800 Independence
Avenue, SW., Washington, DC 20591. Comments may also be sent
electronically to the following Internet address:
[email protected]. Comments delivered must be marked Docket No.
25767. Comments may be examined in Room 915G weekdays between 8:30 a.m.
and 5 p.m., except on Federal holidays.
Issued in Washington, DC on December 13, 1995.
Harold W. Becker,
Acting Program Director for Air Traffic Rules and Procedures.
[FR Doc. 95-30777 Filed 12-18-95; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 95-30774 Older Workers Benefit Protection Act of 1990 (OWBPA)
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65261-65262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30774]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Chapter XIV
Older Workers Benefit Protection Act of 1990 (OWBPA)
AGENCY: Equal Employment Opportunity Commission (EEOC).
ACTION: Second meeting of Negotiated Rulemaking Advisory Committee.
-----------------------------------------------------------------------
SUMMARY: EEOC announces the dates of the second meeting of the
``Negotiated Rulemaking Advisory Committee for Regulatory Guidance on
Unsupervised Waivers of Rights and Claims under the Age Discrimination
in Employment Act'' (the Committee). A Notice of Intent to form the
Committee was published in the Federal Register on August 31, 1995, 60
F.R. 45388, and a Notice of Establishment of the Committee was
published in the Federal Register on October 20, 1995, 60 F.R. 54207.
The Committee had its first meeting on December 6-7, 1995 in
Washington, DC.
DATES: The second meeting will be held on January 23-24, 1996,
beginning at 10:00 a.m. on January 23. It is anticipated that the
meeting will last for two days. The session of January 24, 1996 will
commence at 9:00 a.m.
ADDRESSES: The meeting will be held at the EEOC Headquarters, 1801 L
Street, NW., Washington, DC 20507.
[[Page 65262]]
FOR FURTHER INFORMATION CONTACT:
Joseph N. Cleary, Paul E. Boymel, or John K. Light, ADEA Division,
Office of Legal Counsel, EEOC, 1801 L Street, NW., Washington, DC
20507, (202) 663-4692.
SUPPLEMENTARY INFORMATION: All Committee meetings, including the
meeting of January 23-24, 1996, will be open to the public. Any member
of the public may submit written comments for the Committee's
consideration, and may be permitted to speak at the meeting if time
permits. In addition, all Committee documents and minutes will be
available for public inspection in EEOC's Library (6th floor of the
EEOC Headquarters).
Persons who need assistance to review the comments will be provided
with appropriate aids such as readers or print magnifiers. To schedule
an appointment call (202) 663-4630 (voice), (202) 663-4630 (TDD).
Copies of this notice are available in the following alternate formats:
large print, braille, electronic file on computer disk, and audio tape.
Copies may be obtained from the Office of Equal Employment Opportunity
by calling (202) 663-4395 (voice), (202) 663-4399 (TDD).
Purpose of Meeting/Summary of Agenda: At the second meeting, the
Committee will continue to discuss the unsupervised waiver legal issues
that will be considered by the Committee in drafting a recommended
notice of proposed rulemaking for EEOC approval.
Dated: December 12, 1995.
Gilbert F. Casellas,
Chairman.
[FR Doc. 95-30774 Filed 12-18-95; 8:45 am]
BILLING CODE 6570-06-M
Complete official Federal Register PDF
FR Doc. 95-30748 Airworthiness Directives; Beech Model BAe 125-1000A and Hawker 1000 Series Airplanes
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65254-65256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30748]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-141-AD]
Airworthiness Directives; Beech Model BAe 125-1000A and Hawker
1000 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to all Beech Model BAe 125-1000A and
Hawker 1000 series airplanes. This proposal would require a detailed
visual inspection to detect chafing damage to the hydraulic pipes
adjacent to the
[[Page 65255]]
hydraulic module, and various follow-on actions. This proposal is
prompted by reports of chafing damage between hydraulic pipes at three
locations in the rear equipment bay adjacent to the hydraulic module.
The actions specified by the proposed AD are intended to prevent such
chafing damage to the hydraulic pipe and subsequent hydraulic fluid
leakage; this condition may lead to failure of essential airplane
systems.
DATES: Comments must be received by January 25, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-141-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from Beech Aircraft Corporation, Manager Service Engineering,
Hawker Customer Support Department, P.O. Box 85, Wichita, Kansas 67201-
0085. This information may be examined at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington.
FOR FURTHER INFORMATION CONTACT: Tim Backman, 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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-141-AD.'' The postcard will be date stamped and
returned to the commenter. Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 95-NM-141-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, recently notified the FAA that an
unsafe condition may exist on all Beech Model BAe 125-1000A and Hawker
1000 series airplanes. The CAA advises that it has received several
reports of chafing damage between hydraulic pipes at three locations in
the rear equipment bay adjacent to the hydraulic module. Investigation
revealed the cause of such chafing damage has been attributed to the
vibratory movement of the hydraulic pipes and their close proximity to
other pipe runs, adjacent equipment, and structure in the rear
equipment bay. These conditions, if not corrected, could result in
chafing damage to the hydraulic pipe and subsequent hydraulic fluid
leakage; this condition may lead to failure of essential airplane
systems.
The manufacturer has issued Hawker Service Bulletin SB.29-95, dated
March 24, 1995, which describes procedures for:
1. Performing a detailed visual inspection to detect chafing damage
to the hydraulic pipes located aft of frame 21 and adjacent to the
hydraulic module;
2. Performing a visual inspection to determine if adequate
clearance exists between the pipes, and with other equipment or
structure, if no chafing damage is detected;
3. Adjusting the pipe connections and/or clipping, if the clearance
is inadequate;
4. Replacing the pipes with new pipes, if any chafing is detected
beyond certain limits; and
5. Performing a pressure test, if any chafing damage is detected
within certain limits, and replacement of the pipe with a new pipe, if
necessary.
The CAA classified this service bulletin as mandatory in order to
assure the continued airworthiness of these airplanes in the United
Kingdom.
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, the
proposed AD would require a detailed visual inspection to detect
chafing damage to the hydraulic pipes located aft of frame 21 and
adjacent to the hydraulic module, and various follow-on actions (i.e.,
visual inspection, adjustment, replacement, pressure test). The actions
would be required to be accomplished in accordance with the service
bulletin described previously. If any chafing damage to other equipment
or structure is found, repair would be required to be accomplished in
accordance with a method approved by the FAA.
The FAA estimates that 27 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 1 work
hour per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$1,620, or $60 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted.
The regulations proposed herein would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
[[Page 65256]]
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Beech Aircraft Corporation (Formerly DeHavilland; Hawker Siddeley;
British Aerospace, plc; Raytheon Corporate Jets, Inc.): Docket 95-
NM-141-AD.
Applicability: All Model BAe 125-1000A and Hawker 1000 series
airplanes, certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (b) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent chafing damage to the hydraulic pipe and subsequent
hydraulic fluid leakage; this condition may lead to failure of
essential airplane systems; accomplish the following:
(a) Within 3 months after the effective date of this AD, perform
a detailed visual inspection to detect chafing damage to the
hydraulic pipes located aft of frame 21 and adjacent to the
hydraulic module, in accordance with Hawker Service Bulletin SB.29-
95, dated March 24, 1995.
(1) If no chafing damage is detected, prior to further flight,
perform a visual inspection to determine if adequate clearance
exists between the intersecting pipe runs, and between pipes and
adjacent equipment or structure, in accordance with the service
bulletin.
(i) If the clearance is adequate, no further action is required
by this AD.
(ii) If the clearance is inadequate, prior to further flight,
adjust the pipe connections and/or clipping in accordance with the
service bulletin.
(iii) If any chafing damage to other equipment or structure is
found, prior to further flight, repair it in accordance with a
method approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate.
(2) If any chafing damage is detected and it is beyond the
limits specified in paragraph 2.B.(4) of the service bulletin, prior
to further flight, replace the damaged pipe with a new pipe in
accordance with the service bulletin.
(3) If any chafing damage is detected within the limits
specified in paragraph 2.B.(4) of the service bulletin, prior to
further flight, perform a pressure test or replace the damaged pipe
with a new pipe in accordance with the service bulletin.
(i) If the pipes are satisfactory, no further action is required
by this AD.
(ii) If any pipe leaks and/or if any distortion occurs in or
around the area of chafing damage, prior to further flight, replace
the pipe with a new pipe in accordance with the service bulletin.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
-Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on December 13, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-30748 Filed 12-18-95; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 95-30747 Airworthiness Directives; Jetstream Model 4101 Airplanes
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65258-65260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30747]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-133-AD]
Airworthiness Directives; Jetstream Model 4101 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Jetstream Model 4101
airplanes. This proposal would require replacement of the flexible
cables of the power and condition controls of the engines with new
flexible cables. The proposal would also require installation of
protective tape on the outside case of these flexible cables, and
reidentification of the cables. This proposal is prompted by reports of
stiff operation of the power and condition controls of the engines due
to heat damage to and moisture contamination of the flexible cable. The
actions specified by the proposed AD are intended to prevent heat
damage and moisture contamination to the flexible cable, which could
result in stiff operation of the power and condition controls and
subsequent reduced engine control.
DATES: Comments must be received by January 25, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-133-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from
[[Page 65259]]
Jetstream Aircraft, Inc., P.O. Box 16029, Dulles International Airport,
Washington, DC 20041-6029. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-133-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 95-NM-133-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Civil Aviation Authority (CAA), which is the airworthiness
authority for the United Kingdom, recently notified the FAA that an
unsafe condition may exist on certain Jetstream Model 4101 airplanes.
The CAA advises that it has received reports of stiff operation of the
power and condition controls of the engines on these airplanes.
Investigation revealed that a protective sheath on the flexible cables
can become damaged by heat, which allows water to enter the flexible
cable. The water may then drain along the flexible cable to the cold
area in the leading edge of the wing and freeze. These conditions, if
not corrected, could result in stiff operation of the power and
condition controls, and subsequent reduced engine control.
Jetstream has issued Service Bulletin J41-76-013, dated May 5,
1995, which describes procedures for checking the aircraft records to
determine if any reports of stiff operation in freezing conditions have
been recorded. The service bulletin also describes procedures for
replacement of the flexible cables of power and condition controls of
the engines with new flexible cables. The service bulletin also
describes procedures for installation of protective tape on the outside
case of the flexible cables of the power and condition controls of the
engines, and reidentification of the assembly number of the cable. The
service bulletin specifies that both the replacement of the flexible
cables and installation of protective tape need to be accomplished on
certain airplane, but specifies that only the protective tape
installation needs to be accomplished on certain other airplanes. The
CAA classified this service bulletin as mandatory in order to assure
the continued airworthiness of these airplanes in the United Kingdom.
This airplane model is manufactured in the United Kingdom and is
type certificated for operation in the United States under the
provisions of Sec. 21.29 of the Federal Aviation Regulations (14 CFR
21.29) and the applicable bilateral airworthiness agreement. Pursuant
to this bilateral airworthiness agreement, the CAA has kept the FAA
informed of the situation described above. The FAA has examined the
findings of the CAA, reviewed all available information, and determined
that AD action is necessary for products of this type design that are
certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, the
proposed AD would require replacement of the flexible cables of power
and condition controls of the engines with new flexible cables. The
proposed AD would also require simultaneous installation of protective
tape on the outside case of the new flexible cables of the power and
condition controls of the engines, and reidentification of the assembly
number of the cable. The actions would be required to be accomplished
in accordance with the procedures contained in the service bulletin
described previously.
Operators should note that, unlike the recommendations of the
service bulletin, the proposed AD would not require checking the
aircraft records to determine if any reports of stiff operation in
freezing conditions have been recorded. The FAA finds that the Airplane
Maintenance Log is the appropriate source of aircraft records for
reports of stiff operation of the power and condition controls.
However, operators are not required to retain these records [reference
part 121 or 135 of the Federal Aviation Regulations (FAR) (14 CFR 121
or 135).]. Therefore, the FAA has determined that these aircraft
records may not be available for review by maintenance personnel if
attempting to comply with a requirement to accomplish such a review.
Operators should also note that, unlike the recommendations of the
service bulletin, the proposed AD would require that the replacement of
the flexible cables and installation of the protective tape be
accomplished on all affected airplanes. The FAA finds that damage to
the flexible cable sheath and subsequent moisture contamination to the
flexible cables may still exist or develop even though there have been
no previous reports of stiff operation of the power and condition
controls. Airplanes with moisture contamination in the flexible cables
may not yet have encountered the environmental conditions necessary to
freeze the moisture and subsequently cause stiff operation. Therefore,
the FAA has determined that accomplishing only the installation of the
protective tape on cables (if no stiff operations have been reported)
would not eliminate the unsafe condition, since water contamination of
the flexible cable may still exist.
The FAA estimates that 25 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 11 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Required parts would be
supplied by the manufacturer at no cost to the operators. Based on
these figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $16,500, or $660 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would
[[Page 65260]]
accomplish those actions in the future if this AD were not adopted.
The regulations proposed herein would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
-For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39 -
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment -
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES -
1. The authority citation for part 39 continues to read as follows:
Authority: 49 USC 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended] -
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Jetstream Aircraft Limited: Docket 95-NM-133-AD.
-Applicability: Model 4101 airplanes on which Jetstream
Modification JM41478 or JM41485A has not been installed,
certificated in any category.
-Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (b) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD. -
Compliance: Required as indicated, unless accomplished
previously. -
To prevent heat damage and moisture contamination to the
flexible cable, which could result in stiff operation of the power
and condition controls and subsequent reduced engine control,
accomplish the following: -
(a) Within 6 months after the effective date of this AD,
accomplish the requirements of paragraphs (a)(1) and (a)(2) of this
AD, in accordance with Jetstream Service Bulletin J41-76-013, dated
May 5, 1995. Both requirements must be accomplished at the same
time.
(1) Replace the flexible cables of power and condition controls
of the left and right engines with new flexible cables, in
accordance with paragraphs 2.B. and 2.C. of the Accomplishment
Instructions of the service bulletin; and -
(2) Install protective tape on the outside case of the flexible
cables of the power and condition controls of the left and right
engines; and reidentify the assembly number of the cable; in
accordance with paragraph 2.D. of the Accomplishment Instructions of
the service bulletin. -
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
-Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
-(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on December 13, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-30747 Filed 12-18-95; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 95-30746 Airworthiness Directives; Fokker Model F28 Mark 0100 Series Airplanes
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65256-65258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30746]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-172-AD]
Airworthiness Directives; Fokker Model F28 Mark 0100 Series
Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Fokker Model F28 Mark 0100
series airplanes. This proposal would require a one-time measurement
during refueling to determine the pressure in each collector tank; for
certain airplanes, non-destructive test (NDT) inspections to detect
cracking or deformations of the collector tank ribs on each wing, and
repair, if necessary; and modification of top-hat stringers in each
outer wing tank. This proposal is prompted by a report of damage to the
ribs of the wing collector tank caused by over-pressure in the
collector tank during refueling. The actions specified by the proposed
AD are intended to prevent cracking and deformation of the wing
collector tanks due to over-pressure, which could result in reduced
structural integrity of the wing.
DATES: Comments must be received by January 30, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-172-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule may be
obtained from Fokker Aircraft USA, Inc., 1199 North Fairfax Street,
Alexandria, Virginia 22314. This information may be examined at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Ruth E. Harder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
[[Page 65257]]
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-1721; fax (206) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-172-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules
Docket No. 95-NM-172-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
The Rijksluchtvaartdienst (RLD), which is the airworthiness
authority for the Netherlands, recently notified the FAA that an unsafe
condition may exist on certain Fokker Model F28 Mark 0100 series
airplanes. The RLD advises, that during scheduled maintenance on a
Model F28 Mark 0100 series airplane, the ribs in the right-hand wing
collector tank were found to be damaged. Investigation revealed that
the damage was caused by over-pressure in the collector tank during
refueling.
The top-hat stringers between the wing collector tank and the outer
wing tank contain restriction blocks that are intended to close off,
but still ventilate the collector tank. The four forward most top-hat
stringers (2.32, 2.33, 2.34, and 2.35) should not contain these
restriction blocks, which would enable fuel to flow from the wing
collector tank to the outer wing tank. Subsequent investigation
revealed that the over-pressure was due to the installation of
restriction blocks in these four top-hat stringers, which adversely
affected the fuel transfer capacity of these airplanes. This condition,
if not corrected, could result in cracking and deformation of the ribs
in the wing collector tank, which could lead to reduced structural
integrity of the wing.
Fokker has issued Service Bulletin SBF 100-57-030, dated December
17, 1994, which describes procedures for conducting a one-time
measurement during refueling to determine the pressure in each
collector tank. The service bulletin also describes procedures for
conducting non-destructive test (NDT) inspections of certain airplanes
to detect cracking and deformations of the collector tank ribs at wing
stations 1825, 2230, and 2635.
Fokker has also issued Service Bulletin SBF 100-57-029, Revision 1,
dated March 23, 1995, which describes procedures for modification of
the four top-hat stringers (2.32, 2.33, 2.34, and 2.35) in the outer
wing tank area. This modification entails removal of the restriction
blocks in the top-hat stringers.
The RLD classified both of these service bulletins as mandatory and
issued the Netherlands airworthiness directive BLA 1994-172 (A), dated
December 23, 1994, in order to assure the continued airworthiness of
these airplanes in the Netherlands.
This airplane model is manufactured in the Netherlands and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the RLD has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
RLD, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, the
proposed AD would require a one-time measurement during refueling to
determine the pressure in each collector tank; and modification of the
four top-hat stringers in the outboard wing tank area. For certain
airplanes, this proposed AD would require non-destructive test (NDT)
inspections of the collector tank ribs to detect cracking or
deformations. The actions would be required to be accomplished in
accordance with the service bulletins described previously.
This AD also proposes to require repair of any cracking or
deformations in accordance with a method approved by the FAA.
The FAA estimates that 58 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 85 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Based on these figures, the
cost impact of the proposed AD on U.S. operators is estimated to be
$295,800, or $5,100 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the proposed requirements of
this AD action, and that no operator would accomplish those actions in
the future if this AD were not adopted.
The regulations proposed herein would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part
[[Page 65258]]
39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Fokker: Docket 95-NM-172-AD.
Applicability: Model F28 Mark 0100 airplanes, serial numbers
11244 through 11277 inclusive, 11279, 11281 through 11287 inclusive,
and 11289 through 11400 inclusive, certificated in any category.
-Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (g) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent over-pressurization and/or damage to the wing
collector tanks, which could result in reduced structural integrity
of the wings, accomplish the following:
(a) Within 45 days after the effective date of this AD, perform
a one-time measurement during refueling to determine the pressure in
each collector tank in accordance with Part 1 of the Accomplishment
Instructions of Fokker Service Bulletin SBF100-57-030, dated
December 17, 1994.
Note 2: Pressure Limits Categories are defined in Table 2 of
Fokker Service Bulletin SBF100-57-030, dated December 17, 1994.
(b) For Pressure Limits Category 1: Within 2 years after the
effective date of this AD, modify the four affected top-hat
stringers (2.32, 2.33, 2.34, and 2.35) in each outer wing tank area
by removing the restriction blocks, in accordance with the
Accomplishment Instructions of Fokker Service Bulletin SBF100-57-
029, Revision 1, dated March 23, 1995.
(c) For Pressure Limits Categories 2 through 5: Except as
provided by paragraph (d) of this AD, prior to the number of
accumulated total flight cycles or within the time specified in
Table 1 of Fokker Service Bulletin SBF100-57-030, dated December 17,
1994, whichever occurs earlier, accomplish the requirements of
paragraphs (c)(1) and (c)(2) of this AD.
(1) Perform the Non-Destructive Test (NDT) inspections specified
in Part 2 of the Accomplishment Instructions of Fokker Service
Bulletin SBF100-57-030, dated December 17, 1994, to detect cracking
or deformations of the collector tank ribs on each wing at wing
stations 1825, 2230, and 2635. These inspections are to be performed
in accordance with Fokker Service Bulletin SBF100-57-030, dated
December 17, 1994.
(2) Modify the four affected top-hat stringers (2.32, 2.33,
2.34, and 2.35) in each outer wing tank area by removing the
restriction blocks, in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF100-57-029, Revision 1,
dated March 23, 1995.
(d) For Pressure Limits Category 6, and for airplanes having
pressure limits within the limits specified in Categories 3 through
5 and that have exceeded the number of accumulated total flight
cycles specified in Table 1: Within 100 flight cycles, accomplish
the requirements of paragraphs (d)(1) and (d)(2) of this AD.
(1) Perform the NDT inspections in accordance with the
procedures of Part 2 of the Accomplishment Instructions of Fokker
Service Bulletin SBF100-57-030, dated December 17, 1994. The fueling
pressure must not exceed 25 pounds per square inch (PSI) during
refueling.
(2) Modify the four affected top-hat stringers (2.32, 2.33,
2.34, and 2.35) in each outer wing tank area by removing the
restriction blocks, in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF100-57-029, Revision 1,
dated March 23, 1995.
(e) For Pressure Limits Category 7: Prior to further flight
following the measurement required by paragraph (a) of this AD,
accomplish the requirements of paragraphs (e)(1) and (e)(2) of this
AD.
(1) Perform the NDT inspections in accordance with the
procedures of Part 2 of the Accomplishment Instructions of Fokker
Service Bulletin SBF100-57-030, dated December 17, 1994.
(2) Modify the four affected top-hat stringers (2.32, 2.33,
2.34, and 2.35) in each outer wing tank area by removing the
restriction blocks, in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF100-57-029, Revision 1,
dated March 23, 1995.
(f) If any cracking or deformation is detected during any
inspection required by this AD, prior to further flight, repair in
accordance with a method approved by the Manager, Standardization
Branch, ANM-113, FAA, Transport Airplane Directorate.
(g) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(h) Special flight permits may be issued in accordance with
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to a location where the
requirements of this AD can be accomplished.
Issued in Renton, Washington, on December 13, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-30746 Filed 12-18-95; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 95-30737 Prevailing Rate Systems; Redefinition of Certain Federal Wage System Wage Areas
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65245-65249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30737]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 /
Proposed Rules
[[Page 65245]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 532
RIN 3206-AH27
Prevailing Rate Systems; Redefinition of Certain Federal Wage
System Wage Areas
AGENCY: Office of Personnel Management.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed
rule that would redefine several Federal Wage System (FWS) wage areas
for pay-setting purposes. OPM is engaged in an ongoing project to
review the geographic definitions of selected FWS wage areas. Based on
recent reviews of wage and survey area boundaries in a number of wage
areas, OPM proposes redefinitions and/or renamings affecting the
following FWS wage areas: Hagerstown-Martinsburg-Chambersburg, MD;
Biloxi, MS; Columbus-Aberdeen, MS; Jackson, MS; Meridian, MS; Great
Falls, MT; Pittsburgh, PA; Eastern Tennessee; Corpus Christi, TX; San
Antonio, TX; and West Virginia.
DATES: Comments must be received on or before January 18, 1996.
ADDRESSES: Send or deliver comments to Donald J. Winstead, Assistant
Director for Compensation Policy, Human Resources Systems Service,
Office of Personnel Management, Room 6H31, 1900 E Street NW.,
Washington, DC 20415, or FAX: (202) 606-0824.
FOR FURTHER INFORMATION CONTACT:
Mark Allen, (202) 606-2848.
SUPPLEMENTARY INFORMATION: OPM is engaged in an ongoing project to
review the geographic definitions of selected FWS appropriated fund
wage areas. Section 532.211 of title 5, Code of Federal Regulations,
lists the following criteria for consideration when OPM defines FWS
wage area boundaries:
(i) Distance, transportation facilities, and geographic features;
(ii) Commuting patterns; and
(iii) Similarities in overall population, employment, and the kinds
and sizes of private industrial establishments.
As part of the system-wide review of wage area boundaries, OPM is
also considering whether the survey areas within each wage area should
be expanded or reduced in size.
OPM recently completed reviews of the definitions of several FWS
wage areas and, based on analyses of the regulatory criteria for
defining wage areas, is proposing the changes described below. The
Federal Prevailing Rate Advisory Committee, the statutory national-
level labor-management committee responsible for advising OPM on
matters concerning the pay of FWS employees, has reviewed and concurred
by consensus with all of the changes described in this proposed rule.
Hagerstown-Martinsburg-Chambersburg, MD: OPM proposes to remove
Fulton County, PA, from the Pittsburgh, PA, area of application and
redefine the county to the Hagerstown-Martinsburg-Chambersburg, MD,
area of application. An analysis of the regulatory criteria for
defining FWS wage areas shows that, while other regulatory criteria are
indeterminate, distance and commuting pattern criteria strongly favor
definition of Fulton County to the Hagerstown-Martinsburg-Chambersburg
wage area instead of to the Pittsburgh wage area. For example, an
analysis of the distances between Fulton County and the Hagerstown-
Martinsburg-Chambersburg and Pittsburgh survey areas shows that Fulton
County is about 232 km (144 miles) away from Pittsburgh, but is only
about 37 km (23 miles) away from Chambersburg, PA, the closest of the
three main population centers in the Hagerstown-Martinsburg-
Chambersburg survey area. Also, an analysis of the commuting patterns
of Fulton County's resident workforce shows that about 55 percent of
Fulton County's resident workforce commutes to work in the Hagerstown-
Martinsburg-Chambersburg survey area, and less than 1 percent of Fulton
County's resident workforce commutes to work in the Pittsburgh survey
area.
This change would be effective for the next full-scale wage survey
in the Hagerstown-Martinsburg-Chambersburg wage area, which is
scheduled to begin in January 1996. There are currently no FWS
employees stationed in Fulton County. No other changes are proposed for
the Hagerstown-Martinsburg-Chambersburg wage area.
Biloxi, MS: For the following reasons, OPM proposes that Stone
County, MS, be removed from the Biloxi survey area: No FWS employees
are stationed in Stone County; the county is no longer defined as part
of a Metropolitan Statistical Area (MSA); and the wage survey data
yield from private industrial establishments located in Stone County
accounted for less than 1 percent of the Biloxi wage area's survey data
during the last full-scale wage survey in the wage area.
This change would be effective for the next full-scale wage survey
in the Biloxi wage area, which is scheduled to begin in November 1997.
Stone County would remain in the Biloxi area of application. No other
changes are proposed for the Biloxi wage area.
Columbus-Aberdeen, MS: Based on current FWS employment patterns in
the Columbus-Aberdeen wage area, OPM proposes to add Grenada and
Leflore Counties, MS, to the Columbus-Aberdeen survey area. Grenada and
Leflore Counties are currently defined to the Columbus-Aberdeen area of
application. A majority of the FWS employees currently stationed in the
Columbus-Aberdeen wage area--about 70 percent--work in the Columbus-
Aberdeen wage area's area of application rather than its survey area.
Grenada and Leflore Counties are located in the central and western
portions of the Columbus-Aberdeen wage area and are the only non-
surveyed counties in the wage area with substantial FWS employment.
With the addition of Grenada and Leflore Counties to the Columbus-
Aberdeen survey area, about 82 percent of wage area employees would be
included within the survey area.
This proposed survey area expansion would not create an undue
survey burden on the lead agency for the wage area (the Department of
Defense) and is strongly justified by the geographic distribution of
local FWS employment. To more accurately reflect the broader geographic
coverage of the expanded survey area, OPM proposes to rename the
Columbus--Aberdeen wage area ``Northern Mississippi.'' These changes
[[Page 65246]]
would be effective for the next full-scale wage survey in the wage
area, which is scheduled to begin in February 1996. No other changes
are proposed for this wage area.
Jackson, MS: OPM proposes to remove Adams, Claiborne, and Jefferson
Counties, MS, from the Jackson survey area. In 1973, the Civil Service
Commission, based on the consensus recommendation of FPRAC, added
Adams, Claiborne, and Jefferson Counties to the Jackson survey area.
FPRAC recommended this change to allow the inclusion in local wage
surveys of counties along the Mississippi River that had experienced
recent industrial growth. Regional commuting patterns and
transportation facilities were also cited as factors favoring expansion
of the survey area.
Based on current FWS employment patterns in the Jackson wage area
and the large size of the current Jackson survey area, OPM considers it
unnecessary to continue surveying Adams, Claiborne, and Jefferson
Counties. Only about nine FWS employees, or less than 2 percent of the
Jackson wage area total, are currently stationed in the three counties
considered for removal from the survey area. The wage survey data yield
from Adams, Claiborne, and Jefferson Counties has been relatively low
in past surveys; only about 11 percent of the Jackson survey data
during the last full-scale wage survey came from private industrial
establishments located in these three counties. Also, the three
counties considered for removal from the survey area are inconveniently
located for survey purposes. For example, the surveyable private
industrial establishments in Adams County are located approximately 185
km (115 miles) away from the city of Jackson, the main population
center and the main FWS employment location in the Jackson wage area.
This change in the Jackson survey area would be effective for the
next full-scale wage survey in the Jackson wage area, which is
scheduled to begin In February 1997. As explained below for the
Meridian, MS, wage area, OPM also proposes to remove Lamar County, MS,
from the Jackson area of application and redefine the county to the
Meridian survey area. No other changes are proposed for the Jackson
wage area.
Meridian, MS: OPM proposes to remove Lamar County, MS, from the
Jackson, MS, area of application and redefine the county to the
Meridian FWS survey area. An analysis of the regulatory criteria for
defining FWS wage areas shows that, while other regulatory criteria are
indeterminate, distance and commuting pattern criteria strongly favor
definition of Lamar County to the Meridian wage area instead of the
Jackson wage area. For example, an analysis of the distances between
Lamar County and the Meridian and Jackson survey areas shows that Lamar
County is about 179 km (111 miles) away from Jackson, but is only about
27 km (17 miles) away from Hattiesburg, MS, the closest of the two main
population centers in the Meridian survey area. Also, an analysis of
the commuting patterns of Lamar County's resident workforce shows that
about 50 percent of Lamar County's resident workforce commutes to work
in the Meridian survey area, but less than 1 percent of Lamar County's
resident workforce commutes to work in the Jackson survey area.
While there are currently no FWS employees stationed in Lamar
County, the addition of Lamar County to the Meridian survey area would
provide a desirable increase in the number of surveyable private sector
industrial establishments in the Meridian survey area--about 14 percent
more than in the current Meridian survey area. Also, Lamar County is
one of the two counties of the Hattiesburg, MS MSA. The other county of
the Hattiesburg MSA, Forrest County, is already defined to the Meridian
survey area.
This change would be effective for the next full-scale wage survey
in the Meridian wage area, which is scheduled to begin in February
1997. No other changes are proposed for the Meridian wage area.
Great Falls, MT: The survey area of the Great Falls wage area
explained in 1973 with the addition of Yellowstone County, MT, and
again expanded in 1981 with the addition of Lewis and Clark County, MT.
Because the Great Falls survey area currently includes both the Great
Falls, MT MSA and the Billings, MT MSA, OPM proposes to rename the wage
area ``Montana'' to better reflect the broader geographic coverage of
the current survey area than is suggested by the current wage area
name.
This change would be effective for the next full-scale wage survey
in the wage area,which is scheduled to begin in July 1996. No other
changes are proposed for this wage area.
Pittsburgh, PA: Based on current FWS employment patterns in the
Pittsburgh wage area, OPM proposes to add Butler County, PA, to the
Pittsburgh survey area. Butler County is currently defined to the
Pittsburgh area of application. There are currently about 170 FWS
employees--about 8 percent of the Pittsburgh wage area total--stationed
in Butler County. Butler County is currently a non-surveyed part of the
Pittsburgh, PA MSA. Three of the counties of the Pittsburgh MSA
(Beaver, Washington, and Westmoreland) are currently included in the
Pittsburgh survey area, but far fewer FWS employees are stationed in
those three counties than in Butler County.
This proposed survey area expansion would not create an undue
survey burden on the lead agency for the Pittsburgh wage area (the
Department of Veterans Affairs) and is strongly justified by the
geographic distribution of local FWS employment. This change in the
Pittsburgh survey area definition would be effective for the next full-
scale wage survey in the wage area, which is scheduled to begin in
August 1997.
Also, as explained above for the Hagerstown-Martinsburg-
Chambersburg, MD, wage area, OPM proposes to remove Fulton County, PA,
from the Pittsburgh area of application and redefine the county to the
Hagerstown-Martinsburg-Chambersburg, MD, area of application. No other
changes are proposed for the Pittsburgh wage area.
Eastern Tennessee: As explained below for the West Virginia wage
area, OPM proposes to remove Norton city from the Eastern Tennessee
area of application and redefine the city to the West Virginia area of
application. No other changes are proposed for the Eastern Tennessee
wage area.
Corpus Christi, TX: OPM proposes to remove Brooks, Cameron,
Hidalgo, Kenedy, Starr, and Willacy Counties, TX, from the San Antonio,
TX, area of application and define these six counties to the Corpus
Christi area of application. An analysis of the regulatory criteria for
defining FWS wage areas shows that the distance criterion favors the
definition of these counties to the Corpus Christi wage area much more
than to the San Antonio wage area. Also, because the most favorable
routes by road from the counties go through the present Corpus Christi
wage area before reaching the San Antonio survey area, transportation
facilities and geographic features criteria strongly favor the Corpus
Christi wage more than the San Antonio wage area. Although all the
other regulatory criteria are indeterminate, the redefinition of
Brooks, Cameron, Hidalgo, Kenedy, Starr, and Willacy Counties to the
Corpus Christi area of application is strongly justified by the extent
to which the distance, transportation facilities, and geographic
features criteria favor the Corpus Christi wage area.
The following agencies currently have FWS employees stationed in
the six Texas counties proposed for redefinition
[[Page 65247]]
to the Corpus Christi area of application: The Department of
Agriculture; the Department of the Army; the General Services
Administration; the Department of the Interior; the International
Boundary and Water Commission, United States and Mexico; and the
Department of Justice. These changes would become effective when the
final rule following this proposed rule becomes effective. No other
changes are proposed for the Corpus Christi wage area.
West Virginia: OPM proposes to remove Norton city, an independent
Virginia city, from the Eastern Tennessee area of application and
redefine the city to the West Virginia area of application. Although
Norton city is currently defined to the Eastern Tennessee area of
application, the city is completely surrounded by Wise County, which is
defined to the West Virginia area of application. Because of their
special geographic relationship, Wise County and North city should be
defined to the same area of application.
This change would be effective for the next full-scale wage survey
in the West Virginia wage area, which is scheduled to begin in March
1997. There are no FWS employees currently stationed in North city. No
other changes are proposed for the West Virginia wage area.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities because they
would affect only Federal agencies and employees.
List of Subjects in 5 CFR Part 532
Administrative practice and procedure, Freedom of information,
Government employees, Reporting and recordkeeping requirements, Wages.
Office of Personnel Management.
Lorraine A. Green,
Deputy Director.
Accordingly, OPM proposes to amend 5 CFR part 532 as follows:
PART 532--PREVAILING RATE SYSTEMS
1. The authority citation for part 532 continues to read as
follows:
Authority: 5 U.S.C. 5343, 5346; Sec. 532.707 also issued under 5
U.S.C. 552.
2. Appendix C to subpart B is amended by revising the wage area
listings for Hagerstown-Martinsburg-Chambersburg, MD; Biloxi, MS;
Columbus-Aberdeen, MS; Jackson, MS; Meridian, MS; Great Falls, MT;
Pittsburgh, PA; Eastern Tennessee; Corpus Christi, TX; San Antonio, TX;
and West Virginia to read as follows:
Appendix C to Subpart B of Part 532--Appropriated Fund Wage and
Survey Areas.
* * * * *
Maryland
* * * * *
Hagerstown-Martinsburg-Chambersburg
Survey Area
Maryland:
Washington
Pennsylvania:
Franklin
West Virginia:
Berkeley
Area of Application. Survey Area Plus
Maryland:
Allegany
Garrett
Pennsylvania:
Fulton
Virginia (cities):
Harrisonburg
Winchester
Virginia (counties):
Clarke
Culpeper
Frederick
Greene
Madison
Page
Rappahannock
Rockingham
Shenandoah
Warren
West Virginia:
Hampshire
Hardy
Jefferson
Mineral
Morgan
* * * * *
Mississippi
Biloxi
Survey Area
Mississippi:
Hancock
Harrison
Jackson
Area of Application. Survey Area Plus
Mississippi:
George
Pearl River
Stone
Jackson
Survey Area
Mississippi:
Hinds
Rankin
Warren
Area of Application. Survey Area Plus
Mississippi:
Adams
Amite
Attala
Claiborne
Copiah
Covington
Franklin
Holmes
Humphreys
Issaquena
Jefferson
Jefferson Davis
Lawrence
Lincoln
Madison
Marion
Pike
Scott
Sharkey
Simpson
Smith
Walthall
Wilkinson
Yazoo
Meridian
Survey Area
Mississippi:
Forrest
Lamar
Lauderdale
Alabama:
Choctaw
Area of Application. Survey Area Plus
Mississippi:
Clarke
Greene
Jasper
Jones
Kemper
Leake
Neshoba
Newton
Perry
Wayne
Alabama:
Sumter
Northern Mississippi
Survey Area
Mississippi:
Clay
Grenada
Leflore
Lee
Lowndes
Monroe
Oktibbeha
Area of Application. Survey Area Plus
Mississippi:
Alcorn
Bolivar
Calhoun
Carroll
Chickasaw
Choctaw
Coahoma
Itawamba
Lafayette \15\
Montgomery
Noxubee
Panola
Pontotoc \15\
Prentiss
Quitman
Sunflower
Tallahatchie
[[Page 65248]]
Tishomingo
Union \15\
\15\ Excluding Holly Springs National Forest.
---------------------------------------------------------------------------
Washington
Webster
Winston
Yalobusha
* * * * *
Montana
Montana
Survey Area
Montana:
Cascade
Lewis and Clark
Yellowstone
Area of Application. Survey Area Plus
Montana:
Beaverhead
Big Horn
Blaine
Broadwater
Carbon
Carter
Chouteau
Custer
Daniels
Dawson
Deer Lodge
Fallon
Fergus
Flathead
Gallatin
Garfield
Glacier
Golden Valley
Granite
Hill
Jefferson
Judith Basin
Lake
Liberty
Lincoln
McCone
Madison
Meagher
Mineral
Missoula
Musselshell
Park
Petroleum
Phillips
Pondera
Powder River
Powell
Prairie
Ravalli
Richland
Roosevelt
Rosebud
Sanders
Sheridan
Silver Bow
Stillwater
Sweet Grass
Teton
Toole
Treasure
Valley
Wheatland
Wibaux
Wyoming:
Big Horn
Park
* * * * *
Pennsylvania
* * * * *
Pittsburgh
Survey Area
Pennsylvania:
Allegheny
Beaver
Butler
Washington
Westmoreland
Area of Application. Survey Area Plus
Pennsylvania:
Armstrong
Bedford
Blair
Cambria
Cameron
Centre
Clarion
Clearfield
Clinton
Crawford
Elk
Erie
Fayette
Forest
Greene
Huntingdon
Indiana
Jefferson
Lawrence
McKean
Mercer
Potter
Somerset
Venango
Warren
Ohio:
Belmont
Carroll
Harrison
Jefferson
Tuscarawas
West Virginia:
Brooke
Hancock
Marshall
Ohio
* * * * *
Tennessee
Eastern Tennessee
Survey Area
Tennessee:
Carter
Hawkins
Sullivan
Unicoi
Washington
Virginia (city):
Bristol
Virginia (counties):
Scott
Washington
Area of Application. Survey Area Plus
Tennessee:
Cocke
Greene
Hancock
Johnson
Virginia:
Buchanan
Grayson
Lee
Russell
Smyth
Tazewell
North Carolina:
Alleghany
Ashe
Watauga
Kentucky:
Harlan
Letcher
* * * * *
Texas
* * * * *
Corpus Christi
Survey Area
Texas:
Nueces
San Patricio
Area of Application. Survey Area Plus
Texas:
Aransas
Bee
Brooks
Calhoun
Cameron
Goliad
Hidalgo
Jim Wells
Kenedy
Kleberg
Live Oak
Refugio
Starr
Victoria
Willacy
* * * * *
San Antonio
Survey Area
Texas:
Bexar
Comal
Guadalupe
Area of Application. Survey Area Plus
Texas:
Atascosa
Bandera
De Witt
Dimmit
Duval
Edwards
Frio
Gillespie
Gonzales
Jim Hogg
Karnes
Kendall
Kerr
Kinney
La Salle
McMullen
Maverick
Medina
Real
Uvalde
Val Verde
Webb
[[Page 65249]]
Wilson
Zapata
Zavala
* * * * *
West Virginia
West Virginia
Survey Area
West Virginia:
Cabell
Harrison
Kanawha
Marion
Monongalia
Putnam
Wayne
Ohio:
Lawrence
Kentucky:
Boyd Greenup
Area of Application. Survey Area Plus
West Virginia:
Barbour
Boone
Braxton
Calhoun
Clay
Doddridge
Fayette
Gilmer
Grant
Greenbrier
Jackson
Lewis
Lincoln
Logan
McDowell
Mason
Mercer
Mingo
Monroe
Nicholas
Pendleton
Pleasants
Pocahontas
Preston
Raleigh
Randolph
Ritchie
Roane
Summers
Taylor
Tucker
Tyler
Upshur
Webster
Wetzel
Wirt
Wood
Wyoming
Ohio:
Athens
Gallia
Jackson
Meigs
Monroe
Morgan
Noble
Pike
Scioto
Vinton
Washington
Kentucky:
Carter
Elliott
Floyd
Johnson
Lawrence
Lewis
Magoffin
Martin
Pike
Virginia (city):
Norton
Virginia (counties):
Dickenson
Wise
* * * * *
[FR Doc. 95-30737 Filed 12-18-95; 8:45 am]
BILLING CODE 6325-01-M
Complete official Federal Register PDF
FR Doc. 95-30626 Higher Education Challenge Grants Program; Administrative Provisions
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65444-65454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30626]
[[Page 65443]]
_______________________________________________________________________
Part III
Department of Agriculture
_______________________________________________________________________
Cooperative State Research, Education, and Extension Service
_______________________________________________________________________
7 CFR Part 3405
Higher Education Challenge Grants Program, Administrative Provisions;
Proposed Rule
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 /
Proposed Rules
[[Page 65444]]
DEPARTMENT OF AGRICULTURE
Cooperative State Research, Education, and Extension Service
7 CFR Part 3405
Higher Education Challenge Grants Program; Administrative
Provisions
AGENCY: Cooperative State Research, Education, and Extension Service,
USDA.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Cooperative State Research, Education, and Extension
Service (CSREES) proposes to add a new Part 3405 to title 7, subtitle
B, Chapter XXXIV of the Code of Federal Regulations, for the purpose of
administering Higher Education Challenge Grants Program conducted under
the authority of section 1417(b)(1) of the National Agriculture
Research, Extension, and Teaching Policy Act of 1977, as amended (7
U.S.C. 3152). This action establishes and codifies the administrative
procedures to be followed annually in the solicitation of competitive
proposals, the evaluation of such proposals, and the award of grants
under this program.
DATES: Written comments are invited from interested individuals and
organizations. To be considered in the formulation of a final rule,
comments must be received on or before January 18, 1996.
ADDRESSES: Comments should be sent to Dr. Jeffrey L. Gilmore, Higher
Education Grant Programs Manager, Science and Education Resources
Development, Cooperative State Research, Education, and Extension
Service, U.S. Department of Agriculture, Ag Box 2251, Washington, DC
20250-2251. Comments may also be sent via electronic mail to
[email protected].
FOR FURTHER INFORMATION CONTACT: Dr. Jeffrey L. Gilmore at 202-720-1973
(voice), 202-720-2030 (fax) or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Paperwork Reduction
Under the provisions of the Paperwork Reduction Act of 1980, as
amended (44 U.S.C. Chapter 35), the collection of information
requirements contained in this proposed rule have been reviewed and
approved by the Office of Management and Budget (OMB) and given the OMB
Document Nos. 0524-0022, 0524-0024, and 0524-0030. The public reporting
burden for the information collections contained in these regulations
(Forms CSRS-663, CSRS-708, CSRS-711, CSRS-712, and CSRS-713 as well as
the Proposal Summary and Proposal Narrative) is estimated to be 39\1/2\
hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to the Department of Agriculture, Clearance Analyst, OIRM, Ag
Box 7630, Washington, DC 20250-7630, and to the Office of Management
and Budget, Paperwork Reduction Project, Washington, DC 20503.
Executive Order No. 12866
This proposed rule has been reviewed under Executive Order No.
12866, and it has been determined that it is not a ``significant
regulatory action'' rule because it will not have an annual effect on
the economy of $100 million or more or adversely and materially affect
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. This rule will not create any serious
inconsistencies or otherwise interfere with actions taken or planned by
another agency. It will not materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or the rights and
obligations of recipients thereof, and does not raise novel legal or
policy issues arising out of legal mandates, the President's
priorities, or principles set forth in Executive Order No. 12866.
Regulatory Flexibility Act
The Administrator, CSREES, certifies that this proposed rule will
not have a significant impact on a substantial number of small entities
as defined in the Regulatory Flexibility Act, Pub. L. 96-534, as
amended (5 U.S.C. 601 et seq.).
Executive Order No. 12612
This rule involves no policies that have federalism implications
under Executive Order No. 12612, Federalism, dated October 26, 1987.
Executive Order No. 12778
This rule has been reviewed in accordance with Executive Order No.
12778, Civil Justice Reform, and the required certification has been
made to OMB. All State and local laws and regulations that are in
conflict with this rule are preempted. No retroactive effect is to be
given to this rule. This rule does not require administrative
proceedings before parties may file suit in court.
Catalog of Federal Domestic Assistance
This program is listed in the Catalog of Federal Domestic
Assistance under No. 10.217, Higher Education Challenge Grants Program.
For the reasons set forth in the Final Rule related Notice to 7 CFR
part 3015, subpart V, 57 FR 15278, April 27, 1992, this program is
excluded from the scope of Executive Order 12372 which requires
intergovernmental consultation with State and local officials.
Background and Purpose
This document proposes to add a new part 3405 to title 7, subtitle
B, chapter XXXIV of the Code of Federal Regulations, for the purpose of
administering the Higher Education Challenge Grants Program. Under the
authority of section 1417(b)(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C.
3152(b)(1)), the Secretary of Agriculture is authorized to conduct
competitive grant programs to strengthen institutional capacities,
including curriculum, faculty, scientific instrumentation, instruction
delivery systems, and student recruitment and retention, to respond to
identified State, regional, national, or international educational
needs in the food and agricultural sciences. The issuance of this rule
will establish and codify the administrative procedures to be followed
annually in the solicitation of competitive grant proposals, the
evaluation of such proposals, and the award of grants under this
program.
The Challenge Grants Program is intended to assist colleges and
universities in the United States, having a demonstrable capacity to
carry out the teaching of the food and agricultural sciences, in
providing high quality educational programs in the food and
agricultural sciences. These programs will, in turn, attract
outstanding students and produce graduates capable of strengthening the
Nation's food and agricultural scientific and professional work force.
List of Subjects in 7 CFR Part 3405
Grant programs--agriculture, Agriculture higher education.
For the reasons set forth in the preamble, it is proposed to amend
title 7, subtitle B, chapter XXXIV, of the Code of Federal Regulations
by adding part 3405 to read as follows:
[[Page 65445]]
PART 3405--HIGHER EDUCATION CHALLENGE GRANTS PROGRAM
Subpart A--General Information
Sec.
3405.1 Applicability of regulations.
3405.2 Definitions.
3405.3 Institutional eligibility.
Subpart B--Program Description
3405.4 Purpose of the program.
3405.5 Matching funds.
3405.6 Scope of program.
3405.7 Joint project proposals.
3405.8 Complementary project proposals.
3405.9 Use of funds for facilities.
Subpart C--Preparation of a Proposal
3405.10 Program application materials.
3405.11 Content of a proposal.
Subpart D--Submission of a Proposal
3405.12 Intent to submit a proposal.
3405.13 When and where to submit a proposal.
Subpart E--Proposal Review and Evaluation
3405.14 Proposal review.
3405.15 Evaluation criteria.
Subpart F--Supplementary Information
3405.16 Access to peer review information.
3405.17 Grant awards.
3405.18 Use of funds; changes.
3405.19 Monitoring progress of funded projects.
3405.20 Other Federal statutes and regulations that apply.
3405.21 Confidential aspects of proposals and awards.
3405.22 Evaluation of program.
Authority: Sec. 1470, National Agricultural Research, Extension
and Teaching Policy Act of 1977, as amended (7 U.S.C. 3316).
Subpart A--General Information
Sec. 3405.1 Applicability of regulations.
(a) The regulations of this part only apply to competitive Higher
Education Challenge Grants awarded under the provisions of section
1417(b)(1) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, as amended (NARETPA) (7 U.S.C.
3152(b)(1)), to strengthen institutional capacities, including
curriculum, faculty, scientific instrumentation, instruction delivery
systems, and student recruitment and retention. Section 1405 of NARETPA
(7 U.S.C. 3121) designates the U.S. Department of Agriculture (USDA) as
the lead Federal agency for agricultural research, extension, and
teaching in the food and agricultural sciences. It authorizes the
Secretary of Agriculture, who has delegated the authority to the
Administrator of the Cooperative State Research, Education, and
Extension Service (CSREES), to make competitive grants to land-grant
colleges and universities, to colleges and universities having
significant minority enrollments and a demonstrable capacity to carry
out the teaching of food and agricultural sciences, and to other U.S.
colleges and universities having a demonstrable capacity to carry out
the teaching of food and agricultural sciences, for a period not to
exceed 5 years, to administer and conduct programs to respond to
identified State, regional, national, or international educational
needs in the food and agricultural sciences.
(b) To the extent that funds are available, each year CSREES will
publish a Federal Register notice announcing the program and soliciting
grant applications.
(c)(1) Based on the amount of funds appropriated in any fiscal
year, CSREES will determine and cite in the program announcement:
(i) The targeted need area(s) to be supported or, if the entire
scope of a particular targeted need area is not to be supported, the
specific special interest(s) within that targeted need area to be
supported;
(ii) The degree level(s) to be supported;
(iii) The maximum project period a proposal may request;
(iv) The maximum amount of funds that may be requested by an
institution under a regular, complementary, or joint project proposal;
and
(v) The maximum total funds that may be awarded to an institution
under the program in a given fiscal year, including how funds awarded
for complementary and for joint project proposals will be counted
toward the institutional maximum.
(2) The program announcement will also specify the deadline date
for proposal submission, the number of copies of each proposal that
must be submitted, the address to which a proposal must be submitted,
and whether or not Form CSRS-711, ``Intent to Submit a Proposal,'' is
requested.
(d)(1) If it is deemed by CSREES that, for a given fiscal year,
additional determinations are necessary, each, as relevant, will be
stated in the program announcement. Such determinations may include:
(i) Limits on the subject matter/emphasis areas to be supported;
(ii) The maximum number of proposals that may be submitted on
behalf of the same school, college, or equivalent administrative unit
within an institution;
(iii) The maximum total number of proposals that may be submitted
by an institution;
(iv) The minimum project period a proposal may request;
(v) The minimum amount of funds that may be requested by an
institution under a regular, complementary, or joint project proposal;
(vi) The proportion of the appropriation reserved for, or available
to, regular, complementary, and joint project proposals;
(vii) The proportion of the appropriation reserved for, or
available to, projects in each announced targeted need area;
(viii) The proportion of the appropriation reserved for, or
available to, each subject matter/emphasis area;
(ix) The maximum number of grants that may be awarded to an
institution under the program in a given fiscal year; and
(x) Limits on the use of grant funds for travel or to purchase
equipment, if any.
(2) The program announcement also will contain any other
limitations deemed necessary by CSREES for proper conduct of the
program in the applicable year.
(e) The regulations of this part do not apply to grants awarded by
the Department of Agriculture under any other authority.
Sec. 3405.2 Definitions.
As used in this part:
(a) Authorized departmental officer means the Secretary or any
employee of the Department who has the authority to issue or modify
grant instruments on behalf of the Secretary.
(b) Authorized organizational representative means the president of
the institution or the official, designated by the president of the
institution, who has the authority to commit the resources of the
institution.
(c) Budget period means the interval of time (usually 12 months)
into which the project period is divided for budgetary and reporting
purposes.
(d) Cash contributions means the applicant's cash outlay, including
the outlay of money contributed to the applicant by non-Federal third
parties.
(e) Citizen or national of the United States means:
(1) A citizen or native resident of a State; or,
(2) A person defined in the Immigration and Nationality Act, 8
U.S.C. 1101(a)(22), who, though not a citizen of the United States,
owes permanent allegiance to the United States.
(f) College or University means an educational institution in any
State which:
(1) Admits as regular students only persons having a certificate of
[[Page 65446]]
graduation from a school providing secondary education, or the
recognized equivalent of such a certificate;
(2) Is legally authorized within such States to provide a program
of education beyond secondary education;
(3) Provides an educational program for which a baccalaureate
degree or any other higher degree is awarded;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or
association.
(g) Complementary project proposal means a proposal for a project
which involves coordination with one or more other projects for which
funding was awarded under this program in a previous fiscal year, or
for which funding is requested under this program in the current fiscal
year.
(h) Department or USDA means the United States Department of
Agriculture.
(i) Eligible institution means land-grant and other U.S. colleges
and universities offering a baccalaureate or first professional degree
in at least one discipline or area of the food and agricultural
sciences.
(j) Eligible participant means, for purposes of Sec. 3405.6(b),
Faculty Preparation and Enhancement for Teaching, and Sec. 3405.6(f),
Student Recruitment and Retention, an individual who: Is a citizen or
national of the United States, as defined in Sec. 3405.2(e); or Is a
citizen of the Federated States of Micronesia, the Republic of the
Marshall Islands, or the Republic of Palau. Where eligibility is
claimed under Sec. 3405.2(e)(2), documentary evidence from the
Immigration and Naturalization Service as to such eligibility must be
made available to CSREES upon request.
(k) Food and agricultural sciences means basic, applied, and
developmental research, extension, and teaching activities in the food,
agricultural, renewable natural resources, forestry, and physical and
social sciences, in the broadest sense of these terms, including but
not limited to, activities concerned with the production, processing,
marketing, distribution, conservation, consumption, research, and
development of food and agriculturally related products and services,
and inclusive of programs in agriculture, natural resources,
aquaculture, forestry, veterinary medicine, home economics, rural
development, and closely allied disciplines.
(l) Grantee means the institution designated in the grant award
document as the responsible legal entity to which a grant is awarded.
(m) Joint project proposal means a proposal for a project, which
will involve the applicant institution and two or more other colleges,
universities, community colleges, junior colleges, or other
institutions, each of which will assume a major role in the conduct of
the proposed project, and for which the applicant institution will
transfer at least one-half of the awarded funds to the other
institutions participating in the project. Only the applicant must meet
the definition of ``eligible institution'' as specified in
Sec. 3405.2(i); the other institutions participating in a joint project
proposal are not required to meet the definition of ``eligible
institution'' as specified in Sec. 3405.2(i), nor required to meet the
definition of ``college'' or ``university'' as specified in
Sec. 3405.2(f).
(n) Land-grant colleges and universities means those institutions
eligible to receive funds under the Act of July 2, 1862 (12 Stat. 503-
505, as amended; 7 U.S.C. 301-305, 307 and 308), or the Act of August
30, 1890 (26 Stat. 417-419, as amended; 7 U.S.C. 321-326 and 328),
including Tuskegee University.
(o) Matching or Cost-sharing means that portion of project costs
not borne by the Federal Government, including the value of in-kind
contributions.
(p) Peer review panel means a group of experts or consultants,
qualified by training and experience in particular fields of science,
education, or technology to give expert advice on the merit of grant
applications in such fields, who evaluate eligible proposals submitted
to this program in their personal area(s) of expertise.
(q) Project director means the single individual designated by the
grantee in the grant application and approved by the Secretary who is
responsible for the direction and management of the project.
(r) Prior approval means written approval evidencing prior consent
by an authorized departmental officer as defined in Sec. 3405.2(a) of
this part.
(s) Project means the particular activity within the scope of one
or more of the targeted areas supported by a grant awarded under this
program.
(t) Project period means the period, as stated in the award
document and modifications thereto, if any, during which Federal
sponsorship begins and ends.
(u) Secretary means the Secretary of Agriculture and any other
officer or employee of the Department of Agriculture to whom the
authority involved may be delegated.
(v) State means any one of the fifty States, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern
Marianas, the Virgin Islands of the United States, and the District of
Columbia.
(w) Teaching means formal classroom instruction, laboratory
instruction, and practicum experience in the food and agricultural
sciences and matters related thereto (such as faculty development,
student recruitment and services, curriculum development, instructional
materials and equipment, and innovative teaching methodologies)
conducted by colleges and universities offering baccalaureate or higher
degrees.
(x) Third party in-kind contributions means non-cash contributions
of property or services provided by non-Federal third parties,
including real property, equipment, supplies and other expendable
property, directly benefiting and specifically identifiable to a funded
project or program.
(y) United States means the several States, the territories and
possessions of the United States, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of the Northern Marianas, the
Virgin Islands of the United States, and the District of Columbia.
Sec. 3405.3 Institutional eligibility.
Proposals may be submitted by land-grant and other U.S. colleges
and universities offering a baccalaureate or first professional degree
in at least one discipline or area of the food and agricultural
sciences. Each applicant must have a demonstrable capacity for, and a
significant ongoing commitment to, the teaching of food and
agricultural sciences generally and to the specific need and/or subject
area(s) for which a grant is requested. Awards may be made only to
eligible institutions as defined in Sec. 3405.2(i).
Subpart B--Program Description
Sec. 3405.4 Purpose of the program.
The Department of Agriculture is designated as the lead Federal
agency for higher education in the food and agricultural sciences. In
this context, CSREES has specific responsibility to initiate and
support projects to strengthen college and university teaching programs
in the food and agricultural sciences. One national initiative for
carrying out this responsibility is the competitive Higher Education
Challenge Grants Program. A primary goal of the program is to attract
and ensure a continual flow of outstanding programs and to provide
[[Page 65447]]
them with an education of the highest quality available anywhere in the
world and which reflects the unique needs of the Nation. It is designed
to stimulate and enable colleges and universities to provide the
quality of education necessary to produce baccalaureate or higher
degree level graduates capable of strengthening the Nation's food and
agricultural scientific and professional work force. It is intended
that projects supported by the program will:
(a) Address a State, regional, national, or international
educational need;
(b) Involve a creative or nontraditional approach toward addressing
that need which can serve as a model to others;
(c) Encourage and facilitate better working relationships in the
universities and the private sector, to enhance program quality and
supplement available resources; and
(d) Result in benefits which will likely transcend the project
duration and USDA support.
Sec. 3405.5 Matching funds.
Each application must provide for matching support from a non-
Federal source. CSREES will cite in the program announcement the
required percentage of institutional cost sharing.
Sec. 3405.6 Scope of program.
This program supports projects related to strengthening
undergraduate or graduate teaching programs as specified in the annual
program announcement. Only proposals addressing one or more of the
specific targeted need areas(s) identified in the program announcement
will be funded. Proposals may focus on any subject matter area(s) in
the food and agricultural sciences unless limited by determinations as
specified in the annual program announcement. A proposal may address a
single targeted need area or multiple targeted need areas, and may be
focused on a single subject matter area or multiple subject matter
areas, in any combination (e.g., curiculum development in horticulture;
curriculum development, faculty enhancement, and student experiential
learning in animal science; faculty enhancement in food science and
agribusiness management; or instruction delivery systems and student
experiential learning in plant science, horticulture, and entomology).
Targeted need areas will consist of one or more of the following:
(a) Curricula design and materials development. (1) The purpose of
this initiative is to promote new and improved curricula and materials
to increase the quality of, and continuously renew, the Nation's
academic programs in the food and agricultural sciences. The overall
objective is to stimulate the development and facilitate the use of
exemplary education models and materials that incorporate the most
recent advances in subject matter, research on teaching and learning
theory, and instructional technology. Proposals may emphasize: the
development of courses of study, degree programs, and instructional
materials; the use of new approaches to the study of traditional
subjects; or the introduction of new subjects, or new applications of
knowledge, pertaining to the food and agricultural sciences.
(2) Examples include, but are not limited to, curricula and
materials that promote:
(i) Raising the level of scholastic achievement of the Nation's
graduates in the food and agricultural sciences.
(ii) Addressing the special needs of particular groups of students,
such as minorities, gifted and talented, or those with educational
backgrounds that warrant enrichment.
(iii) Using alternative instructional strategies or methodologies,
including computer-assisted instruction or simulation modeling, media
programs that reach large audiences efficiently and effectively,
activities that provide hands-on learning experiences, and educational
programs that extend learning beyond the classroom.
(iv) Using sound pedagogy, particularly with regard to recent
research on how to motivate students to learn, retain, apply, and
transfer knowledge, skills, and competencies.
(v) Building student competencies to integrate and synthesize
knowledge from several disciplines.
(b) Faculty preparation and enhancement for teaching. (1) The
purpose of this initiative is to advance faculty development in the
areas of teaching competency, subject matter expertise, or student
recruitment and advising skills. Teachers are central to education.
They serve as models, motivators, and mentors--the catalysts of the
learning process. Moreover, teachers are agents for developing,
replicating, and exchanging effective teaching materials and methods.
For these reasons, education can be strengthened only when teachers are
adequately prepared, highly motivated, and appropriately recognized and
rewarded.
(2) Each faculty recipient of support for developmental activities
under Sec. 3405.6(b) must be an ``eligible participant'' as defined in
Sec. 3405.2(j) of this part.
(3) Examples of developmental activities include, but are not
limited to, those which enable teaching faculty to:
(i) Gain experience with recent developments or innovative
technology relevant to their teaching responsibilities.
(ii) Work under the guidance and direction of experts who have
substantial expertise in an area related to the developmental goals of
the project.
(iii) Work with scientists or professionals in government,
industry, or other colleges or universities to learn new applications
in a field.
(iv) Obtain personal experience working with new ideas and
techniques.
(v) Expand competence with new methods of information delivery,
such as computer-assisted or televised instruction.
(vi) Increase understanding of the special needs of non-traditional
students or students from groups that are underrepresented in the food
and agricultural sciences workforce.
(c) Instruction delivery systems. (1) The purpose of this
initiative is to encourage the use of alternative methods of delivering
instruction to enhance the quality, effectiveness, and cost efficiency
of teaching programs. The importance of this initiative is evidenced by
advances in educational research which have substantiated the theory
that differences in the learning styles of students often require
alternative instructional methodologies. Also, the rising costs of
higher education strongly suggest that colleges and universities
undertake more efforts of a collaborative nature in order to deliver
instruction which maximizes program quality and reduces unnecessary
duplication. At the same time, advancements in knowledge and technology
continue to introduce new subject matter areas which warrant
consideration and implementation of innovative instruction techniques,
methodologies, and delivery systems.
(2) Examples include, but are not limited to:
(i) Use of computers.
(ii) Teleconferencing.
(iii) Networking via satellite communications.
(iv) Regionalization of academic programs.
(v) Mobile classrooms and laboratories.
(vi) Individualized learning centers.
(vii) Symposia, forums, regional or national workshops, etc.
(d) Scientific instrumentation for teaching. (1) The purpose of
this initiative is to provide students in science-oriented courses the
necessary
[[Page 65448]]
experience with suitable, up-to-date equipment in order to involve them
in work central to scientific understanding and progress. This program
initiative will support the acquisition of instructional laboratory and
classroom equipment to assure the achievement and maintenance of
outstanding food and agricultural sciences higher education programs. A
proposal may request support for acquiring new, state-of-the-art
instructional scientific equipment, upgrading existing equipment, or
replacing non-functional or clearly obsolete equipment.
(2) Examples include, but are not limited to:
(i) Rental or purchase of modern instruments to improve student
learning experiences in courses, laboratories, and field work.
(ii) Development of new ways of using instrumentation to extend
instructional capabilities.
(iii) Establishment of equipment-sharing capability via consortia
or centers that develop innovative opportunities, such as mobile
laboratories or satellite access to industry or government
laboratories.
(e) Student experimental learning. (1) The purpose of this
initiative is to further the development of student scientific and
professional competencies through experiential learning programs which
provide students with opportunities to solve complex problems in the
context of real-world situations. Effective experiential learning is
essential in preparing future graduates to advance knowledge and
technology, enhance quality of life, conserve resources, and revitalize
the Nation's economic competitiveness. Such experiential learning
opportunities are most effective when they serve to advance decision-
making and communication skills as well as technological expertise.
(2) Examples, include, but are not limited to, projects which:
(i) Provide opportunities for students to participate in research
projects, either as a part of an ongoing research project or in a
project designed especially for this program.
(ii) Provide opportunities for students to complete
apprenticeships, internships, or similar participatory learning
experiences.
(iii) Expand and enrich courses which are of a practicum nature.
(iv) Provide career mentoring experiences that link students with
outstanding professionals.
(f) Student recruitment and retention. (1) The purpose of this
initiative is to strengthen student recruitment and retention programs
in order to promote the future strength of the Nation's scientific and
professional work force. The Nation's economic competitiveness and
quality of life rest upon the availability of a cadre of outstanding
research scientists, university faculty, and other professionals in the
food and agricultural sciences. A substantial need exists to supplement
efforts to attract increased numbers of academically outstanding
students to prepare for careers as food and agricultural scientists and
professionals. It is particularly important to augment the racial,
ethnic, and gender diversity of the student body in order to promote a
robust exchange of ideas and a more effective use of the full breadth
of the Nation's intellectual resources.
(2) Each student recipient of monetary support for education costs
or developmental purposes under Sec. 3405.6(f) must be enrolled at an
eligible institution and meet the requirement of an ``eligible
participant'' as defined in Sec. 3405.2(j) of this part.
(3) Examples include, but are not limited to:
(i) Special outreach programs for elementary and secondary students
as well as parents, counselors, and the general public to broaden
awareness of the extensive nature and diversity of career opportunities
for graduates in the food and agricultural sciences.
(ii) Special activities and materials to establish more effective
linkages with high school science classes.
(iii) Unique or innovative student recruitment activities,
materials, and personnel.
(iv) Special retention programs to assure student progression
through and completion of an educational program.
(v) Development and dissemination of stimulating career information
materials.
(vi) Use of regional or national media to promote food and
agricultural sciences higher education.
(vii) Providing financial incentives to enable and encourage
students to pursue and complete an undergraduate or graduate degree in
an area of the food and agricultural sciences.
(viii) Special recruitment programs to increase the participation
of students from non-traditional or underrepresented groups in courses
of study in the food and agricultural sciences.
Sec. 3405.7 Joint project proposals.
Applicants are encouraged to submit joint project proposals as
defined in Sec. 3405.2(m), which address regional or national problems
and which will result overall in strengthening higher education in the
food and agricultural sciences. The goals of such joint initiatives
should include maximizing the use of limited resources by generating a
critical mass of expertise and activity focused on a targeted need
area(s), increasing cost-effectiveness through achieving economies of
scale, strengthening the scope and quality of a project's impact, and
promoting coalition building likely to transcend the project's lifetime
and lead to future ventures.
Sec. 3405.8 Complementary project proposals.
Institutions may submit proposals that are complementary in nature
as defined in Sec. 3405.2(g). Such complementary project proposals may
be submitted by the same or by different eligible institutions.
Sec. 3405.9 Use of funds for facilities.
Under the Higher Education Challenge Grants Program, the use of
grant funds to plan, acquire, or construct a building or facility is
not allowed. With prior approval, in accordance with the cost
principles set forth in OMB Circular No. A-21, some grant funds may be
used for minor alterations, renovations, or repairs deemed necessary to
retrofit existing teaching spaces in order to carry out a funded
project. However, requests to use grant funds for such purposes must
demonstrate that the alterations, renovations, or repairs are
incidental to the major purpose for which a grant is made.
Subpart C--Preparation of a Proposal
Sec. 3405.10 Program application materials.
Program application materials in an application package will be
made available to eligible institutions upon request. These materials
include the program announcement, the administrative provisions for the
program, and the forms needed to prepare and submit grant applications
under the program.
Sec. 3405.11 Content of a proposal.
(a) Proposal cover page. (1) Form CSRS-712, ``Higher Education
Proposal Cover Page,'' must be completed in its entirety. Note that
providing a Social Security Number is voluntary, but is an integral
part of the CSREES information system and will assist in the processing
of the proposal.
(2) One copy of the Form CSRS-712 must contain the pen-and-ink
signatures of the Project Director(s) and authorized organizational
representative for the applicant institution.
(3) The title of the project shown on the ``Higher Education
Proposal Cover
[[Page 65449]]
Page'' must be brief (80-character maximum) yet represent the major
thrust of the project. This information will be used by the Department
to provide information to the Congress and other interested parties.
(4) In block 7. of Form CSRS-712, enter ``Higher Education
Challenge Grants Program.''
(5) In block 8.a. of Form CSRS-712, enter ``Teaching.'' In block
8.b. identify the code for the targeted need area(s) as found on the
reverse of the form. If a proposal focuses on multiple targeted need
areas, enter each code associated with the project and place an
asterisk (*) immediately following the code for the primary targeted
need area. In block 8.c. identify the major area(s) of emphasis as
found on the reverse of the form. If a proposal focuses on multiple
areas of emphasis, enter each code associated with the project. This
information will be used by program staff for the proper assignment of
proposals to reviewers.
(6) In block 9. of Form CSRS-712, indicate if the proposal is a
complementary project proposal or a joint project proposal as defined
in Sec. 3405.2(g) and Sec. 3405.2(m) of this part. If it is not a
complementary project proposal or a joint project proposal, identify it
as a regular project proposal.
(7) In block 13. of Form CSRS-712, indicate if the proposal is a
new, first-time submission or if the proposal is a resubmission of a
proposal that has been submitted to, but not funded under, the Higher
Education Challenge Grants Program in a previous competition.
(b) Table of contents. For ease in locating information, each
proposal must contain a detailed table of contents just after the
Proposal Cover Page. The Table of Contents should include page numbers
for each component of the proposal. Pagination should begin immediately
following the Table of Contents.
(c) Project summary. (1) A Project Summary should immediately
follow the Table of Contents. The information provided in the Project
Summary may be used by the program staff for a variety of purposes,
including the proper assignment of proposals to reviewers and providing
information to reviewers prior to the peer panels meeting. The name of
the institution, the targeted need area(s), and the title of the
proposal must be identified exactly as shown on the ``Higher Education
Proposal Cover Page.''
(2) If the proposal is a complementary project proposal, as defined
in Sec. 3405.2(g) of this part, indicate such and identify the other
complementary project(s) by citing the name of the submitting
institution, the title of the project, the project director, and the
grant number (if funded in a previous year) exactly as shown on the
cover page of the complementary project so that appropriate
consideration can be given to the interrelatedness of the proposals in
the evaluation process.
(3) If the proposal is a joint project proposal, as defined in
Sec. 3405.2(m) of this part, indicate such and identify the other
participating institutions and the key faculty member or other
individual responsible for coordinating the project at each
institution.
(4) The Project Summary should be a concise description of the
proposed activity suitable for publication by the Department to inform
the general public about awards under the program. The text must not
exceed one page, single-spaced. The Project Summary should be a self-
contained description of the activity which would result if the
proposal is funded by USDA. It should include: The objectives of the
project; a synopsis of the plan of operation; a description of how the
project will strengthen higher education in the food and agricultural
sciences in the United States; and the plans for disseminating project
results. The Project Summary should be written so that a technically
literate reader can evaluate the use of Federal funds in support of the
project.
(d) Resubmission of a proposal.--(1) Resubmission of previously
unfunded proposals. If a proposal has been submitted previously, but
was not funded, such should be indicated in block 13. on Form CSRS-712,
``Higher Education Proposal Cover Page,'' and the following information
should be included in the proposal: The fiscal year(s) in which the
proposal was submitted previously; a summary of the peer reviewers'
comments; and how these comments have been addressed in the current
proposal, including the page numbers in the current proposal where the
reviewers' comments have been addressed. This information may be
provided as a section of the proposal following the Project Summary and
preceding the proposal narrative or it may be placed in the Appendix
(see Sec. 3405.11(i)). In either case, the location of this information
should be indicated in the Table of Contents. Further, when possible,
the information should be presented in tabular format. Applicants who
choose to resubmit proposals that were previously submitted, but not
funded, should note that resubmitted proposals must compete equally
with newly submitted proposals. Submitting a proposal that has been
revised based on a previous peer review panel's critique of the
proposal does not guarantee the success of the resubmitted proposal.
(2) Resubmission of previously funded proposals. The Higher
Education Challenge Grants Program is not designed to support
activities that essentially are repetitive in nature over multiple
grant awards. Project directors who have had their projects funded
previously are discouraged from resubmitting relatively identical
proposals for further funding. Proposals that are sequential
continuations or new stages of previously funded Challenge Grants
Program projects must compete with first-time proposals. Therefore,
project directors should thoroughly demonstrate how the project
proposed in the current application expands substantially upon a
previously funded project (i.e., demonstrate how the new project will
advance the former project to the next level of attainment or will
achieve expanded goals). The proposal must also show the degree to
which the new phase promotes innovativeness and creativity beyond the
scope of the previously funded project.
(e) Narrative of a proposal. The narrative portion of the proposal
is limited to 20 pages in length. The one-page Project Summary is not
included in the 20-page limitation. The narrative must be typed on one
side of the page only, using a font no smaller than 12 point, and
double-spaced. All margins must be at least one inch. All pages
following the Table of Contents must be paginated. It should be noted
that reviewers will not be required to read beyond 20 pages of the
narrative to evaluate the proposal. The narrative should contain the
following sections:
(1) Potential for advancing the quality of education.--(i) Impact.
(A) Identify the targeted need area(s).
(B) Clearly state the specific instructional problem or opportunity
to be addressed.
(C) Describe how and by whom the focus and scope of the project
were determined. Summarize the body of knowledge which substantiates
the need for the proposed project.
(D) Describe ongoing or recently completed significant activities
related to the proposed project for which previous funding was received
under this program.
(E) Discuss how the project will be of value at the State,
regional, national, or international level(s).
(F) Discuss how the benefits to be derived from the project will
transcend the applicant institution or the grant period. Also discuss
the probabilities of the project being adapted by other institutions.
For example, can the project serve as a model for others?
[[Page 65450]]
(ii) Continuation plans. Discuss the likelihood of, or plans for,
continuation or expansion of the project beyond USDA support. For
example, does the institution's long-range budget or academic plan
provide for the realistic continuation or expansion of the initiative
undertaken by this project after the end of the grant period, are plans
for eventual self-support built into the project, are plans being made
to institutionalize the project, are plans being made to
institutionalize the program if it meets with success, and are there
indications of other continuing non-Federal support?
(iii) Innovation. Describe the degree to which the proposal
reflects an innovative or non-traditional approach to solving a higher
education problem or strengthening the quality of higher education in
the food and agricultural sciences.
(iv) Products and results. Explain the expected products and
results and their potential impact on strengthening food and
agricultural sciences higher education in the United States.
(2) Overall approach and cooperative linkages.--(i) Proposed
approach.--(A) Objectives. Cite and discuss the specific objectives to
be accomplished under the project.
(B) Plan of operation. (1) Describe procedures for accomplishing
the objectives of the project.
(2) Describe plans for management of the project to ensure its
proper and efficient administration.
(3) Describe the way in which resources and personnel will be used
to conduct the project.
(C) Timetable. Provide a timetable for conducting the project.
Identify all important project milestones and dates as they relate to
project start-up, execution, evaluation, dissemination, and close-out.
(ii) Evaluation plans. (A) Provide a plan for evaluating the
accomplishment of stated objectives during the conduct of the project.
Indicate the criteria, and corresponding weight of each, to be used in
the evaluation process, describe any data to be collected and analyzed,
and explain the methodology that will be used to determine the extent
to which the needs underlying the project are met.
(B) Provide a plan for evaluating the effectiveness of the end
results upon conclusion of the project. Include the same kinds of
information requested in Sec. 3405.11(e)(2)(ii)(A).
(iii) Dissemination plans. Discuss plans to disseminate project
results and products. Identify target audiences and explain methods of
communication.
(iv) Partnerships and collaborative efforts. (A) Explain how the
project will maximize partnership ventures and collaborative efforts to
strengthen food and agricultural sciences higher education (e.g.,
involvement of faculty in related disciplines at the same institution,
joint projects with other colleges or universities, or cooperative
activities with business or industry). Also explain how it will
stimulate academia, the States, or the private sector to join with the
Federal partner in enhancing food and agricultural sciences higher
education.
(B) Provide evidence, via letters from the parties involved, that
arrangements necessary for collaborative partnerships or joint
initiatives have been discussed and realistically can be expected to
come to fruition, or actually have been finalized contingent on an
award under this program. Letters must be signed by an official who has
the authority to commit the resources of the organization. Such letters
should be referenced in the plan of operation, but the actual letters
should be included in the Appendix section of the proposal. Any
potential conflict(s) of interest that might result from the proposed
collaborative arrangements must be discussed in detail.
(3) Institutional commitment and resources.--(i) Institutional
commitment. Discuss the institution's commitment to the project. For
example, substantiate that the institution attributes a high priority
to the project, discuss how the project will contribute to the
achievement of the institution's long-term (five- to ten-year) goals,
explain how the project will help satisfy the institution's high-
priority objectives, or show how this project is linked to and
supported by the institution's strategic plan.
(ii) Institutional resources. Document the commitment of
institutional resources to the project, and show that the institutional
resources to be made available to the project, when combined with the
support requested from USDA, will be adequate to carry out the
activities of the project. Discuss institutional facilities, equipment,
computer services, and other appropriate resources available to the
project.
(f) Key personnel. A Form CSRS-708, ``Summary Vita--Teaching
Proposal,'' should be included for each key person associated with the
project.
(g) Budget and cost-effectiveness.--(1) Budget form. (i) Prepare
Form CSRS-713, ``Higher Education Budget,'' in accordance with
instructions provided with the form. Proposals may request support for
a period to be identified in each year's program announcement. A budget
form is required for each year of requested support. In addition, a
summary budget is required detailing the requested total support for
the overall project period. Form CSRS-713 may be reproduced as needed
by proposers. Funds may be requested under any of the categories listed
on the form, provided that the item or service for which support is
requested is allowable under the authorizing legislation, the
applicable Federal cost principles, and these administrative
provisions, and can be justified as necessary for the successful
conduct of the proposed project.
(ii) The approved negotiated instruction rate or the rate allowed
by law should be used when computing indirect costs. If a reduced rate
of indirect costs is voluntarily requested from USDA, the remaining
allowable indirect costs may be used as matching funds.
(2) Matching funds. When documenting matching contributions, use
the following guidelines:
(i) When preparing the column of Form CSRS-713 entitled ``Applicant
Contributions To Matching Funds,'' only those costs to be contributed
by the applicant for the purposes of matching should be shown. The
total amount of this column should be indicated in item M.
(ii) In item N of Form CSRS-713, show a total dollar amount for
Cash Contributions from both the applicant and any third parties; also
show a total dollar amount (based on current fair market value) for
Non-cash Contributions from both the applicant and any third parties.
(iii) To be counted toward the matching requirements stated in
Sec. 3405.5 of this part, proposals must include written verification
of any actual commitments of matching support (including both cash and
non-cash contributions) from third parties. Written verification
means--
(A) For any third party cash contributions, a separate pledge
agreement for each donation, signed by the authorized organizational
representatives of the donor organization and the applicant
institution, which must include:
(1) The name, address, and telephone number of the donor;
(2) The name of the applicant institution;
(3) The title of the project for which the donation is made;
(4) The dollar amount of the cash donation; and
[[Page 65451]]
(5) A statement that the donor will pay the cash contribution
during the grant period; and
(B) For any third party non-cash contributions, a separate pledge
agreement for each contribution, signed by the authorized
organizational representatives of the donor organization and the
applicant institution, which must include:
(1) The name, address, and telephone number of the donor;
(2) The name of the applicant institution;
(3) The title of the project for which the donation is made;
(4) A good faith estimate of the current fair market value of the
non-cash contribution; and
(5) A statement that the donor will make the contribution during
the grant period.
(iv) All pledge agreements referenced in Sec. 3405.11(g)(2)(iii)
(A) and (B) must be placed in the proposal immediately following Form
CSRS-713. The sources and amounts of all matching support from outside
the applicant institution should be summarized in the Budget Narrative
section of the proposal.
(v) Applicants should refer to OMB Circulars A-110, ``Uniform
Administrative Requirements for Grants and Agreements With Institutions
of Higher Education, Hospitals and Other Non-profit Organizations,''
and A-21, ``Cost Principles for Educational Institutions,'' for further
guidance and other requirements relating to matching and allowable
costs.
(3) Chart on shared budget for joint project proposal. For a joint
project proposal, a plan must be provided indicating how funds will be
distributed to the participating institutions. The budget section of a
joint project proposal should include a chart indicating: the names of
the participating institutions; the amount of funds to be disbursed to
those institutions; and the way in which such funds will be used in
accordance with items A through L of Form CSRS-713, ``Higher Education
Budget.'' If a proposal is not for a joint project, such a chart is not
required.
(4) Budget narrative. (i) Discuss how the budget specifically
supports the proposed project activities. Explain how such budget items
as professional or technical staff, travel, equipment, etc., are
essential to achieving project objectives.
(ii) Justify that the total budget, including funds requested from
USDA and any matching support provided, will be adequate to carry out
the activities of the project. Provide a summary of sources and amounts
of all third party matching support.
(iii) Justify the project's cost-effectiveness. Show how the
project maximizes the use of limited resources, optimizes educational
value for the dollar, achieves economies of scale, or leverages
additional funds. For example, discuss how the project has the
potential to generate a critical mass of expertise and activity focused
on a targeted need area, or to promote coalition building that could
lead to future ventures.
(iv) Include the percentage of time key personnel will work on the
project, both during the academic year and summer. When salaries of
university personnel will be paid by a combination of USDA and
institutional funds, the total compensation must not exceed the faculty
member's regular annual compensation. In addition, the total commitment
of time devoted to the project, when combined with time for teaching
and research duties, other sponsored agreements, and other employment
obligations to the institution, must not exceed 100 percent of the
normal workload for which the employee is compensated, in accordance
with established university policies and applicable Federal cost
principles.
(v) If the proposal addresses more than one targeted need area
(e.g., student experiential learning and instruction delivery systems),
estimate the proportion of the funds requested from USDA that will
support each respective targeted need area.
(h) Current and pending support. Each applicant must complete Form
CSRS-663, ``Current and Pending Support,'' identifying any other
current public- or private-sponsored projects, in addition to the
proposed project, to which key personnel listed in the proposal under
consideration have committed portions of their time, whether or not
salary support for the person(s) involved is included in the budgets of
the various projects. This information should also be provided for any
pending proposals which are currently being considered by, or which
will be submitted in the near future to, other possible sponsors,
including other USDA programs or agencies. Concurrent submission of
identical or similar projects to other possible sponsors will not
prejudice the review or evaluation of a project under this program.
(i) Appendix. Each project narrative is expected to be complete in
itself and to meet the 20-page limitation. Inclusion of material in an
Appendix should not be used to circumvent the 20-page limitation of the
proposal narrative. However, in those instances where inclusion of
supplemental information is necessary to guarantee the peer review
panel's complete understanding of a proposal or to illustrate the
integrity of the design or a main thesis of the proposal, such
information may be included in an Appendix. Examples of supplemental
material are photographs, journal reprints, brochures and other
pertinent materials which are deemed to be illustrative of major points
in the narrative but unsuitable for inclusion in the proposal narrative
itself. Information on previously submitted proposals may also be
presented in the Appendix (refer to Sec. 3405.11(d)). When possible,
information in the Appendix should be presented in tabular format. A
complete set for the Appendix material must be attached to each copy of
the grant application submitted. The Appendix must be identified with
the title of the project as it appears on Form CSRS-712 of the proposal
and the name(s) of the project director(s). The Appendix must be
referenced in the proposal narrative.
Subpart D--Submission of a Proposal
Sec. 3405.12 Intent to submit a proposal.
To assist CSREES in preparing for the review of proposals,
institutions planning to submit proposals may be requested to complete
Form CSRS-711, ``Intent to Submit a Proposal,'' provided in the
application package. CSREES will determine each year if Intent to
Submit a Proposal forms will be requested and provide such information
in the program announcement. If Intent to Submit a Proposal forms are
required, one form should be completed and returned for each proposal
an institution anticipates submitting. Submitting this form does
failure to send this form prohibit an institution from submitting a
proposal.
Sec. 3405.13 When and where to submit a proposal.
The program announcement will provide the deadline date for
submitting a proposal, the number of copies of each proposal that must
be submitted, and the address to which proposals must be submitted.
Subpart E--Proposal Review and Evaluation
Sec. 3405.14 Proposal review.
The proposal evaluation process includes both internal staff review
and merit evaluation by peer review panels comprised of scientists,
educators, business representatives, and Government officials. Peer
review panels will be selected and structured to provide optimum
expertise and
[[Page 65452]]
objective judgment in the evaluation of proposals.
Sec. 3405.15 Evaluation criteria.
The maximum score a proposal can receive is 200 points. Unless
otherwise stated in the annual solicitation published in the Federal
Register, the peer review panel will consider the following criteria
and weights to evaluate proposals submitted:
------------------------------------------------------------------------
Weight
Evaluation criterion (points)
------------------------------------------------------------------------
(a) Potential for advancing the quality of education:
This criterion is used to assess the likelihood that
the project will have a substantial impact upon and
advance the quality of food and agricultural sciences
higher education by strengthening institutional
capacities through promoting education reform to meet
clearly delineated needs
(1) Impact--Does the project address a targeted
need area(s)? Is the problem or opportunity
clearly documented? Does the project address a
State, regional, national, or international
problem or opportunity? Will the benefits to be
derived from the project transcend the applicant
institution and/or the grant period? is it
probable that other institutions will adapt this
project for their own use? Can the project serve
as a model for others?............................ 20
(2) Continuation plans--Are there plans for
continuation or expansion of the project beyond
USDA support? Are there indications of external,
non-Federal support? Are there realistic plans for
making the project self-supporting?............... 10
(3) Innovation--Are significant aspects of the
project based on an innovation or a non-
traditional approach toward solving a higher
education problem or strengthening the quality of
higher education in the food and agricultural
sciences? If successful, is the project likely to
lead to education reform?......................... 20
(4) Products and results--Are the expected products
and results of the project clearly explained? Do
they have the potential to strengthen food and
agricultural sciences higher education? Are the
products likely to be of high quality? Will the
project contribute to a better understanding of or
improvement in the quality, distribution,
effectiveness, or racial, ethnic, or gender
diversity of the Nation's food and agricultural
scientific and professional expertise base?....... 20
(b) Overall approach and cooperative linkages:
This criterion relates to the soundness of the proposed
approach and the quality of the partnerships likely to
evolve as a result of the project
(1) Proposed approach--Do the objectives and plan
of operation appear to be sound and appropriate
relative to the targeted need area(s) and the
impact anticipated? Are the procedures
managerially, educationally, and/or scientifically
sound? Is the overall plan integrated with or does
it expand upon other major efforts to improve the
quality of food and agricultural sciences higher
education? Does the timetable appear to be readily
achievable?....................................... 20
(2) Evaluation--Are the evaluation plans adequate
and reasonable? Do they allow for continuous and/
or frequent feedback during the life of the
project? Are the individuals involved in project
evaluation skilled in evaluation strategies and
procedures? Can they provide an objective
evaluation? Do evaluation plans facilitate the
measurement of project progress and outcomes?..... 10
(3) Dissemination--Does the proposed project
include clearly outlined and realistic mechanisms
that will lead to widespread dissemination of
project results, including national electronic
communication systems, publications, presentations
at professional conferences, and/or use by faculty
development or research/teaching skills workshops? 10
(4) Partnerships and collaborative efforts--Will
the project expand partnership ventures among
disciplines at a university, between colleges and
universities, or with the private sector? Will the
project lead to long-term relationships or
cooperative partnerships that are likely to
enhance program quality or supplement resources
available to food and agricultural sciences higher
education?........................................ 20
(c) Institutional commitment and resources:
This criterion relates to the institution's commitment
to the project and the adequacy of institutional
resources available to carry out the project
(1) Institutional commitment--Is there evidence to
substantiate that the institution attributes a
high-priority to the project, that the project is
linked to the achievement of the institution's
long-term goals, that it will help satisfy the
institution's high-priority objectives, or that
the project is supported by the institution's
strategic plans?.................................. 10
(2) Institutional resources--Will the project have
adequate support to carry out the proposed
activities? Will the project have reasonable
access to needed resources such as instructional
instrumentation, facilities, computer services,
library and other instruction support resources?.. 10
(d) Key personnel:
This criterion relates to the number and qualifications
of the key persons who will carry out the project. Are
designated project personnel qualified to carry out a
successful project? Are there sufficient numbers of
personnel associated with the project to achieve the
stated objectives and the anticipated outcomes?....... 20
(e) Budget and cost-effectiveness:
This criterion relates to the extent to which the total
budget adequately supports the project and is cost-
effective
(1) Budget--Is the budget request justifiable? Are
costs reasonable and necessary? Will the total
budget be adequate to carry out project
activities? Are the source(s) and amount(s) of non-
Federal matching support clearly identified and
appropriately documented? For a joint project
proposal, is the shared budget explained clearly
and in sufficient detail?......................... 10
(2) Cost-effectiveness--Is the proposed project
cost-effective? Does it demonstrate a creative use
of limited resources, maximize educational value
per dollar of USDA support, achieve economies of
scale, leverage additional funds or have the
potential to do so, focus expertise and activity
on a targeted need area, or promote coalition
building for current or future ventures?.......... 10
(f) Overall quality of proposal:
This criterion relates to the degree to which the
proposal complies with the application guidelines and
is of high quality. Is the proposal enhanced by its
adherence to instructions (table of contents,
organization, pagination, margin and font size, the 20-
page limitation, appendices, etc.); accuracy of forms;
clarity of budget narrative; well prepared vitae for
all key personnel associated with the project; and
presentation (are ideas effectively presented, clearly
articulated, and thoroughly explained, etc.)?......... 10
------------------------------------------------------------------------
[[Page 65453]]
Subpart F--Supplementary Information
Sec. 3405.16 Access to peer review information.
After final decisions have been announced, CSREES will, upon
request, inform the project director of the reasons for its decision on
a proposal. Verbatim copies of summary reviews, not including the
identity of the reviewers, will be made available to respective project
directors upon specific request.
Sec. 3405.17 Grant awards.
(a) General. Within the limit of funds available for such purpose,
the authorized departmental officer shall make project grants to those
responsible, eligible applicants whose proposals are judged most
meritorious in the announced targeted need areas under the evaluation
criteria and procedures set forth in this part. The beginning of the
project period shall be no later than September 30 of the Federal
fiscal year in which the project is approved for support. All funds
granted under this part shall be expended solely for the purpose for
which the funds are granted in accordance with the approved application
and budget, the regulations of this part, the terms and conditions of
the award, the applicable Federal cost principles, and the Department's
Uniform Federal Assistance Regulations (7 CFR part 3015).
(b) Organizational management information. Specific management
information relating to a proposing institution shall be submitted on a
one-time basis prior to the award of a project grant identified under
this part if such information has not been provided previously under
this or another program for which the sponsoring agency is responsible.
Copies of the forms used to fulfill this requirement will be sent to
the proposing institution by the sponsoring agency as part of the pre-
award process.
(c) Notice of grant award. The grant award document shall include
at a minimum the following:
(1) Legal name and address of performing organization.
(2) Title of project.
(3) Name(s) and address(es) of project director(s).
(4) Identifying grant number assigned by the Department.
(5) Project period, which specifies how long the Department intends
to support the effort without requiring reapplication for funds.
(6) Total amount of Federal financial assistance approved during
the project period.
(7) Legal authority(ies) under which the grant is awarded.
(8) Approved budget plan for categorizing allocable project funds
to accomplish the stated purpose of the grant award.
(9) Other information or provisions deemed necessary by the
Department to carry out its granting activities or to accomplish the
purpose of this particular project grant.
(d) Obligation of the Federal Government. Neither the approval of
any application nor the award of any project grant shall legally commit
or obligate CSREES or the United States to provide further support of a
project or any portion thereof.
Sec. 3405.18 Use of funds; changes.
(a) Delegation of fiscal responsibility. The grantee may not in
whole or in part delegate or transfer to another person, institution,
or organization the responsibility for use or expenditure of grant
funds.
(b) Change in project plans. (1) The permissible changes by the
grantee, project director(s), or other key project personnel in the
approved project grant shall be limited to changes in methodology,
techniques, or other aspects of the project to expedite achievement of
the project's approved goals. If the grantee or the project director(s)
are uncertain as to whether a change complies with this provision, the
question must be referred to the Department for a final determination.
(2) Changes in approved goals, or objectives, shall be requested by
the grantee and approved in writing by the authorized departmental
officer prior to effecting such changes. In no event shall requests for
such changes be approved that are outside the scope of the approved
project.
(3) Changes in approved project leadership or the replacement or
reassignment of other key project personnel shall be requested by the
grantee and approved in writing by the authorized departmental officer
prior to effecting such changes.
(4) Transfers of actual performance of the substantive programmatic
work in whole or in part and provisions for payment of funds, whether
or not Federal funds are involved, shall be requested by the grantee
and approved in writing by the authorized departmental officer prior to
effecting such transfers.
(c) Changes in project period. The project period may be extended
by the authorized departmental officer without additional financial
support for such additional period(s) as the authorized departmental
officer determines may be necessary to complete or fulfill the purposes
of an approved project. However, due to statutory restriction, no grant
may be extended beyond five years from the original start date of the
grant. Grant extensions shall be conditioned upon prior request by the
grantee and approval in writing by the authorized departmental officer.
(d) Changes in approved budget. Changes in an approved budget shall
be requested by the grantee and approved in writing by the authorized
departmental officer prior to instituting such changes if the revision
will:
(1) Involve transfers of amounts budgeted for indirect costs to
absorb an increase in direct costs;
(2) Involve transfers of amounts budgeted for direct costs to
accommodate changes in indirect cost rates negotiated during a budget
period and not approved when a grant was awarded; or
(3) Involve transfers or expenditures of amounts requiring prior
approval as set forth in the applicable Federal cost principles,
Departmental regulations, or in the grant award.
Sec. 3405.19 Monitoring progress of funded projects.
(a) During the tenure of a grant, project directors must attend at
least one national project directors meeting, if offered, in
Washington, D.C. or any other announced location. The purpose of the
meeting will be to discuss project and grant management, opportunities
for collaborative efforts, future directions for education reform, and
opportunities to enhance dissemination of exemplary end products/
results.
(b) An Annual Performance Report must be submitted to the USDA
program contact person within 90 days after the completion of the first
year of the project and annually thereafter during the life of the
grant. Generally, the Annual Performance Reports should include a
summary of the overall progress toward project objectives, current
problems or unusual developments, the next year's activities, and any
other information that is pertinent to the ongoing project or which may
be specified in the terms and conditions of the award.
(c) A Final Performance Report must be submitted to the USDA
program contact person within 90 days after the expiration date of the
project. The expiration date is specified in the award documents and
modifications thereto, if any. Generally, the Final Performance Report
should be a summary of the completed project, including: A review of
project objectives and accomplishments; a description of any products
and outcomes resulting from the project; activities undertaken to
[[Page 65454]]
disseminate products and outcomes; partnerships and collaborative
ventures that resulted from the project; future initiatives that are
planned as a result of the project; the impact of the project on the
project director(s), the institution, and the food and agricultural
sciences higher education system; and data on project personnel and
beneficiaries. The Final Performance Report should be accompanied by
samples or copies of any products or publications resulting from or
developed by the project. The Final Performance Report must also
contain any other information which may be specified in the terms and
conditions of the award.
Sec. 3405.20 Other Federal statutes and regulations that apply.
Several other Federal statutes and regulations apply to grant
proposals considered for review and to project grants awarded under
this part. These include but are not limited to:
7 CFR part 1 Subpart A--USDA implementation of Freedom of
Information Act.
7 CFR part 3--USDA implementation of OMB Circular No. A-129
regarding debt collection.
7 CFR part 15, Subpart A--USDA implementation of Title VI of the
Civil Rights Act of 1964, as amended.
7 CFR part 3015--USDA Uniform Federal Assistance Regulations,
implementing OMB directives (i.e., Circular Nos. A-21 and A-122) and
incorporating provisions of 31 U.S.C. 6301-6308 (formerly the
Federal Grant and Cooperative Agreement Act of 1977, Pub. L. No. 95-
224), as well as general policy requirements applicable to
recipients of Departmental financial assistance.
7 CFR part 3017, as amended--Governmentwide Debarment Suspension
(Nonprocurement); Governmentwide Requirements for Drug-Free
Workplace (Grants), implementing Executive Order 12549 on debarment
and suspension and the Drug-Free Workplace Act of 1988 (41 U.S.C.
701).
7 CFR part 3018--Restrictions on Lobbying, prohibiting the use
of appropriated funds to influence Congress or a Federal agency in
connection with the making of any Federal grant and other Federal
contracting and financial transactions.
7 CFR part 3019--USDA implementation of OMB Circular A-110,
Uniform Administrative Requirements for Grants and Agreements With
Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations.
7 CFR part 3051--USDA implementation of OMB Circular No. A-133
regarding audits of institutions of higher education and other
nonprofit institutions.
29 U.S.C. 794, section 504--Rehabilitation Act of 1973, and 7
CFR Part 15B (USDA implementation of statute), prohibiting
discrimination based upon physical or mental handicap in Federally
assisted programs.
35 U.S.C. 200 et seq.--Bayh-Dole Act, controlling allocation of
rights to inventions made by employees of small business firms and
domestic nonprofit organizations, including universities, in
Federally assisted programs (implementing regulations are contained
in 37 CFR part 401).
Sec. 3405.21 Confidential aspects of proposals and awards.
When a proposal results in a grant, it becomes a part of the record
of the Agency's transactions, available to the public upon specific
request. Information that the Secretary determines to be of a
privileged nature will be held in confidence to the extent permitted by
law. Therefore, any information that the applicant wishes to have
considered as privileged should be clearly marked as such and sent in a
separate statement, two copies of which should accompany the proposal.
The original copy of a proposal that does not result in a grant will be
retained by the Agency for a period of one year. Other copies will be
destroyed. Such a proposal will be released only with the consent of
the applicant or to the extent required by law. A proposal may be
withdrawn at any time prior to the final action thereon.
Sec. 3405.22 Evaluation of program.
Grantees should be aware that CSREES may, as a part of its own
program evaluation activities, carry out in-depth evaluations of
assisted activities. Thus, grantees should be prepared to cooperate
with CSREES personnel, or persons retained by CSREES, evaluating the
institutional context and the impact of any supported project. Grantees
may be asked to provide general information on any students and faculty
supported, in whole or in part, by a grant awarded under this program;
information that may be requested includes, but is not limited to,
standardized academic achievement test scores, grade point average,
academic standing, career patterns, age, race/ethnicity, gender,
citizenship, and disability.
Done at Washington, DC, this 11th day of December, 1995.
Colien Hefferan,
Acting Administrator, Cooperative State Research, Education, and
Extension Service.
[FR Doc. 95-30626 Filed 12-18-95; 8:45 am]
BILLING CODE 3410-22-M
Complete official Federal Register PDF
FR Doc. 95-30581 Supplemental Standards of Ethical Conduct for Employees of the Board of Governors of the Federal Reserve System
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65249-65254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30581]
=======================================================================
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
5 CFR Chapter LVIII
12 CFR Part 264
[Docket No. R-0900]
RIN 3209-AA15
Supplemental Standards of Ethical Conduct for Employees of the
Board of Governors of the Federal Reserve System
AGENCY: Board of Governors of the Federal Reserve System (Board).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Board of Governors of the Federal Reserve System, with the
concurrence of the Office of Government Ethics (OGE), proposes to issue
regulations for the officers and employees of the Board that supplement
the Standards of Ethical Conduct for Employees of the Executive Branch
issued by OGE. The proposed regulation is a necessary supplement to the
Executive Branch-wide Standards because it addresses ethical issues
unique to the Board. The regulation as proposed would establish rules
relating to: financial interests and transactions; borrowing and
extensions of credit; employment relationships of immediate family
members; and outside employment. The Board is also proposing to replace
its old employee conduct regulation with a residual cross-reference to
the new provisions.
DATES: Comments are invited and must be received on or before February
20, 1996.
ADDRESSES: Comments should refer to Docket No. R-0900, and may be
mailed to Williams W. Wiles, Secretary, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue, NW.,
Washington, DC 20551. Comments also may be delivered to Room B-2222 of
the Eccles Building between 8:45 a.m. and 5:15 p.m. weekdays, or to the
guard station in the Eccles Building courtyard on 20th Street, NW.
(between Constitution Avenue and C Street) at any time. Comments
received will be available for inspection in Room MP-500 of the Martin
Building between 9:00 a.m. and 5:00 p.m. weekdays, except as provided
in 12 CFR 261.8 of the Board's rules regarding availability of
information.
FOR FURTHER INFORMATION CONTACT: Cary Williams, Managing Senior
Counsel, Legal Division, Board of Governors of the Federal Reserve
System, telephone (202) 452-3295, FAX (202) 452-3101. For the hearing
impaired only, Telecommunications Device for the Deaf, Dorothea
Thompson (202) 452-3544.
SUPPLEMENTARY INFORMATION:
I. Background
On August 7, 1992, OGE published the Standards of Ethical Conduct
for Employees in the Executive Branch. See 57 FR 35006-35067, as
corrected at 57 FR 48557 and 57 FR 52583, with additional grace period
extensions at 59 FR 4779-4780 and 60 FR 6390-6391. The Executive
Branch-wide Standards are now codified at 5 CFR part 2635. Effective
February 3, 1993, they established uniform ethical conduct standards
applicable to all executive branch personnel.
With the concurrence of OGE, 5 CFR 2635.105 authorizes executive
agencies to publish agency-specific supplemental regulations necessary
to implement their respective ethics programs. The Board, with OGE's
concurrence, has determined that the following proposed supplemental
regulations are necessary to implement the Board's ethics program
successfully, in light of the Board's unique programs and operations.
The proposed supplemental rule addresses issues relevant to the Board's
roles with respect to monetary policy and banking regulation. The Board
is also proposing to delete the existing provisions of 12 CFR part 264
that its supplemental regulation, once finally adopted, and the
Executive Branch-wide Standards supersede and to add in their place a
residual cross-reference to the current provisions.
II. Analysis of the Proposed Regulations
Section 6801.101 General
Section 6801.101 explains that the proposed regulations contained
in the rule would apply to all Board employees, including Board
members, and are supplemental to the Executive Branch-wide Standards.
[[Page 65250]]
Section 6801.102 Definitions
For purposes of interpreting the provisions in this part,
Sec. 6801.102 sets forth a proposed definition of the terms
``affiliate,'' ``debt or equity interest,'' ``dependent child,''
``depository institution,'' ``employee'' and ``primary government
securities dealer'' and ``supervisory employee.''
Proposed Sec. 6801.102 would include as an affiliate companies that
control, are controlled by, or are under common control with, a
depository institution. This definition was taken from the Bank Holding
Company Act of 1956 and is intended to include any holding companies,
subsidiaries or other affiliated companies of depository institutions.
The term debt or equity interest as proposed would include
``secured and unsecured bonds, debentures, notes, securitized assets,
commercial paper, and preferred and common stock.'' It would extend to
any right to acquire or dispose of any such debt or equity interest and
to beneficial or legal interests derived from a trust. The proposed
term does not, however, include deposit accounts, future interests
created by someone other than the employee or the employee's spouse or
dependent, or any right as a beneficiary of an estate that has not been
settled.
The term dependent child is to be given the same meaning as in
OGE's financial disclosure regulation at 5 CFR 2635.105(d).
The term depository institution is defined in proposed
Sec. 6801.102 as any institution that accepts deposits. This would
include thrifts and foreign banks.
The term employee would include all Board employees, including
Board members, but would not include special Government employees.
The term primary government securities dealer as proposed is
defined as a firm with which the Federal Reserve conducts its open
market operations.
The term supervisory employee would encompass Board members, all
professional staff in the Division of Banking Supervision and
Regulation, and professional staff in other divisions who participate
substantially in supervisory matters involving depository institutions.
Section 6801.103 Prohibited Financial Interests
Section 6801.103(a) as proposed would prohibit a Board employee,
and the spouse and minor child of a Board employee, from owning or
controlling any debt or equity interest in a depository institution or
its affiliates or of a primary government securities dealer or its
affiliates. Under 5 CFR 2635.403(a), an agency may, by supplemental
regulation, prohibit or restrict the holding of a financial interest by
its employees and the spouses and minor children of those employees
based on the agency's determination that the acquisition or holding of
such financial interest would cause a reasonable person to question the
impartiality and objectivity with which agency programs are
administered. The Board has determined that, in light of the Board's
sensitive bank regulatory and monetary policy functions, the
restriction is necessary to: (1) Maintain public confidence in the
impartiality and objectivity with which the Board executes its
regulatory and monetary policy functions; (2) eliminate any concern
that sensitive information provided to the Board might be misused for
private gain; and (3) avoid the wide-spread disqualification of
employees from official matters that might result in the Board's
inability to fulfill its mission.
The Board's current rule prohibits employees from holding equity
interests in banks or their affiliates. 12 CFR 264.735-6(d). This rule
does not apply to debt interests in banks, such as bonds, or to equity
interests in thrifts. The proposed prohibition in Sec. 6801.103(a)
would extend to debt and equity interests in all depository
institutions regardless of whether the depository institution is
regulated by the Board. The Board believes that this is appropriate in
light of the Board's broad regulatory and supervisory authority. For
example, the Board is responsible for setting reserve requirements for
all depository institutions, and the Federal Reserve System provides
liquidity to all depository institutions through the discount window.
In connection with a discount window advance, the Board is authorized
to examine any depository institution.
The Board's current rule also prohibits employees from holding
equity interests in government securities dealers. 12 CFR 264.735-6(d).
The proposed rule would clarify and expand this prohibition by
extending to debt and equity interests in primary government securities
dealers and their affiliates. The Federal Reserve conducts business
with primary government securities dealers, which in turn are expected
to facilitate the Federal Reserve's open market operations and to
provide the Federal Reserve with information to assist it in performing
its duties. Primary government securities dealers are required to
submit reports reflecting their activities to the Federal Reserve on a
regular basis, and must meet qualification requirements of the System
and the Treasury Department
The proposed prohibition in Sec. 6801.103(a) would apply to the
spouse and minor children of a Board employee. In the past, spouses and
minor children of Board employees have not been subject to the Board's
rule on prohibited financial interests. As a result, there has been a
need to disqualify employees from official matters in order to avoid
violations of the criminal laws (18 U.S.C. 208) and in order to
maintain public confidence in the objectivity and impartiality with
which Board programs are carried out. Under 5 CFR 2635.403(a), any
restriction on the holdings of financial interests by the spouses or
minor children of agency employees must be based on the agency's
determination that there is a direct and appropriate nexus between the
restriction as applied to spouses and minor children and the efficiency
of the service. Based on the experiences outlined above, and in order
to avoid the potential appearance that an employee's spouse could trade
on information obtained through the employee's position with the Board,
the Board has determined that such a nexus exists.
Section 6801.103(b) as proposed would provide several exceptions to
the proposed prohibition in Sec. 6801.103(a) on financial interests.
The proposed exceptions are intended to ease the restrictions on the
financial interests of Board employees, their spouses and minor
children, and to permit interests of a character unlikely to raise
questions regarding the objective or impartial performance of Board
employees' official duties or the possible misuse of their positions.
The exception proposed for nonbanking holding companies would permit an
employee to own stock in an automobile manufacturer or a retail
company, for example, that owned a credit card bank or other depository
institution, provided the company's principal line of business was not
banking. The next two proposed exceptions would permit employees to own
interests in depository institutions indirectly through investments in
a publicly traded or available mutual fund (so long as it does not have
a stated policy of concentrating in the financial services industry),
or in a widely held, diversified pension plan.
Section 6801.103(c) of the proposed rule would authorize the
Board's Designated Agency Ethics Official (DAEO), in consultation with
Division
[[Page 65251]]
management, to waive the prohibition in Sec. 6801.103(a) under certain
limited circumstances. In general, a request for a waiver could be
considered if the prohibited interest is acquired without specific
intent, particularly if the owner of the interest is the employee's
spouse or minor child. However, the standards for granting a waiver
would be based, in part, on the policies of each division and,
therefore, could vary among divisions. For example, because of the
greater potential for an actual conflict of interest arising from
depository institution stock ownership, the Board's Division of Banking
Supervision and Regulation could be less inclined to consider a waiver
request for these interests than another division having no regulatory
responsibilities.
Proposed Sec. 6801.103(d) would require employees to consult with
the DAEO concerning the need for recusal as a result of holding any
debt or equity interest based on an exception or a waiver exception in
6801.103(b)(1) or (c).
Section 6801.104 Speculative Dealings [Reserved]
A provision of the Board's current ethics rules prohibits Board
employees from engaging in speculative dealings. See 12 CFR 264.735-
6(d)(iii). The Office of Government Ethics has voiced concern regarding
this provision's lack of notice to employees as to what constitutes
speculative dealings. The Board is in discussion with OGE about this
rule and may amend its supplemental rule, once it is adopted as a final
rule, to include a provision on speculation at some point in the
future. Board employees continue to be prohibited by the Standards of
Ethical Conduct from engaging in a financial transaction using, or
appearing to use, nonpublic information to further their own private
interests or those of another. 5 CFR 2635.101(b)(14) and 2635.703.
Section 6801.105 Prohibition on Preferential Terms From Regulated
Institutions
Proposed Sec. 6801.105 would prohibit a Board employee from
entering into a financial relationship with an entity regulated by the
Board if such relationship is governed by terms more favorable than
those available in like circumstances to members of the public. This
provision has always been a part of the Board's ethics regulation (12
CFR 264.735-6(b)(2)(i)), and the Board has found that it has helped to
remind employees of their responsibility to avoid receiving
preferential treatment in their personal dealings with regulated
entities.
Section 6801.106 Prohibition on Supervisory Employees From Seeking
Credit From Institutions Involved in Work Assignments
Section 6801.106 as proposed would apply only to ``supervisory
employees.'' The term ``supervisory employee'' is defined in proposed
Sec. 6801.102(g) as all professional staff at the Board with
responsibilities in the area of banking supervision and regulation.
This would include all professional staff in the Division of Banking
Supervision and Regulation, the Legal Division, and the Division of
Consumer and Community Affairs; professional staff in the Division of
Research and Statistics who have responsibility for applications;
professional staff in the Office of the Inspector General who are
involved in evaluating the Supervision and Regulation function; and the
Board members.
Section 6801.106(a) as proposed would prohibit a supervisory
employee from seeking credit from, or renegotiating or rolling over
existing credit with, a depository institution if the employee is
assigned to a matter affecting that institution or if the employee is
aware of the pendency of the matter and knows that he or she will
participate in the matter. This prohibition would also apply for three
months after the employee's participation in the matter has ended. In
addition, proposed Sec. 6801.106(b) provides that a supervisory
employee must be disqualified from a matter if he or she learns that
his or her spouse or other related persons or entities have borrowed
from a depository institution that is a party to the matter while the
matter is pending. Section 6801.106(c) provides a proposed exception to
the application of these provisions with respect to borrowing through
the use of a credit card on terms and conditions available to the
general public, or to borrowing through overdraft protection. The
Board's DAEO may grant a waiver of these provisions. The proposed
temporary ban on seeking credit is necessary to prevent the potential
appearance that supervisory employees might use their official position
or their contacts with a depository institution resulting from their
work on a matter involving that institution, to obtain loans or
extensions of credit on favorable terms. The Board's current rule does
not contain restrictions in this area.
Section 6801.107 Disqualification of Supervisory Employees From
Matters Involving Lenders
A supervisory employee would be restricted by proposed
Sec. 6801.107 from participating in any matter in which a depository
institution or an affiliate of a depository institution is a party if
the supervisory employee or the spouse or dependent child of the
supervisory employee, or certain related entities are indebted to the
depository institution or its affiliate. Typical consumer credit, such
as home mortgage loans and credit card debt, would not give rise to the
disqualification requirement.
Section 6801.107 would supplement Sec. 2635.502 of the Executive
Branch-wide Standards. The restriction is necessitated by the frequent
contact that supervisory employees have with lending institutions. The
restriction as proposed is designed to ensure that supervisory
employees do not benefit or appear to benefit from their official
positions and do not lose or appear to lose their impartiality.
Exceptions to the proposed restriction related to borrowing
relationships are set forth in Sec. 6801.107(b). Under the exceptions,
a supervisory employee could participate in matters involving
depository institutions to which the supervisory employee, or the
supervisory employee's spouse or dependent child, is indebted under one
of the conditions indicated in subsection (b)(1)(i)-(iv) as proposed.
The exceptions proposed in Sec. 6801.107(b) are intended to ease the
restrictions on supervisory employees' participation in particular
matters in situations where a loan or extension of credit is unlikely
to raise issues regarding the motivation of the lender or the objective
or impartial performance of official duties by supervisory employees.
Proposed Sec. 6801.107(c) would give the Board's DAEO authority to
grant a written waiver from the prohibitions in Sec. 6801.107 in
accordance with 5 CFR 2635.502(d).
Section 6801.108 Restrictions Resulting From Employment of Family
Members
Section 6801.108(a) as proposed would require a supervisory
employee (as defined in Sec. 6801.101(b)(2)) to report the employment
of an immediate family member (spouse, child, parent or sibling) if the
immediate family member is employed by a depository institution or a
depository institution affiliate. The reporting requirement would be
triggered immediately upon the
[[Page 65252]]
supervisory employee's discovery of the employment relationship.
Under proposed Sec. 6801.108(c), a supervisory employee would be
disqualified from participating in any matter involving an immediate
family member's employer unless the supervisory employee received the
appropriate authorization pursuant to the standard in Sec. 2635.502(d)
of the Executive Branch-wide Standards. This proposed requirement would
eliminate the potential for any appearance of preferential treatment in
those instances where employment of a family member would be likely to
raise questions regarding the appropriateness of actions taken by the
employee.
Section 6801.109 Prior Approval for Compensated Outside Employment
5 CFR 2635.803 provides that an agency may, by supplemental
regulations, require its employees to obtain prior approval before
engaging in outside employment when it has determined that such a
requirement is necessary or desirable for the purpose of administering
its ethics program. The Board's current regulation at 12 CFR 264.735-
6(c) imposes a requirement for prior approval for outside business and
teaching. Based on its finding that this requirement has helped to
ensure that employees' outside activities conform to applicable
statutes and regulations, the Board has determined to continue this
requirement in a somewhat modified form. The proposed provision
requires prior written approval before engaging in any compensated
outside employment, a defined term that may provide more specific
guidance to employees than ``outside business or teaching,'' the scope
of which has not always been clear.
III. Proposed Repeal of the Board's Regulations on Employee
Responsibilities and Conduct
The Board is also proposing to repeal its regulations on the
Responsibilities and Conduct of Board Employees, 12 CFR part 264, and
to add a residual cross-reference to the new provisions.
IV. Matters of Regulatory Procedure
Administrative Procedure Act
This proposed rulemaking is in compliance with the Administrative
Procedure Act (5 U.S.C. 553) and allows for a 60 -day comment period.
Regulatory Flexibility Act
The Board has determined under the Regulatory Flexibility Act (5
U.S.C. chapter 6) that this regulation will not have a significant
economic impact on a substantial number of small business entities
because it affects only Board employees.
Paperwork Reduction Act
The Board has determined that the Paperwork Reduction Act (44
U.S.C. chapter 35) does not apply because this regulation does not
contain any information collection requirements that require the
approval of the Office of Management and Budget.
List of Subjects
5 CFR Part 6801
Conflict of interests, Government employees.
12 CFR Part 264
Conflict of interests, Federal Reserve System.
Dated: November 3, 1995.
William W. Wiles,
Secretary, Board of Governors of the Federal Reserve System.
Approved: November 13, 1995.
Stephen D. Potts,
Director, Office of Government Ethics.
For the reasons set forth in the preamble, the Board, with the
concurrence with the Office of Government Ethics, is proposing to amend
title 5 and chapter II of title 12 of the Code of Federal Regulations
as follows:
TITLE 5--[AMENDED]
1. A new chapter LVIII, consisting of part 6801, is added to title
5 of the Code of Federal Regulations to read as follows:
CHAPTER LVIII--BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
PART 6801--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES
OF THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
Sec.
6801.101 Purpose.
6801.102 Definitions.
6801.103 Prohibited financial interests.
6801.104 Speculative dealings. [Reserved]
6801.105 Prohibition on preferential terms from regulated
institutions.
6801.106 Prohibition on supervisory employees' seeking credit from
institutions involved in work assignments.
6801.107 Disqualification of supervisory employees from matters
involving lenders.
6801.108 Restrictions resulting from employment of family members.
6801.109 Prior approval for compensated outside employment.
Authority: 5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government
Act of 1978); 12 U.S.C. 244, 248; E.O. 12674, 54 FR 15159, 3 CFR,
1989 Comp., p.215, as modified by E.O. 12731, 55 FR 42547, 3 CFR,
1990 Comp., p.306; 5 CFR 2635.105, 2635.403(a), 2635.502, 2635.803.
Sec. 6801.101 Purpose.
In accordance with 5 CFR 2635.105, the regulations in this part
supplement the Standards of Ethical Conduct for Employees of the
Executive Branch found at 5 CFR part 2635. They apply to members and
other employees of the Board of Governors of the Federal Reserve System
(``Board'').
Sec. 6801.102 Definitions.
For purposes of this part:
(a) Affiliate means any company that controls, is controlled by, or
is under common corporate control with another company.
(b) (1) Debt or equity interest includes secured and unsecured
bonds, debentures, notes, securitized assets, commercial paper, and
preferred and common stock. The term encompasses both current and
contingent ownership interests therein; any such beneficial or legal
interest derived from a trust; any right to acquire or dispose of any
long or short position in debt or equity interests; any interests
convertible into debt or equity interests; and any options, rights,
warrants, puts, calls, straddles, and derivatives with respect thereto.
(2) Debt or equity interest does not include deposits; credit union
shares; any future interest created by someone other than the employee,
his or her spouse, or dependent; or any right as a beneficiary of an
estate that has not been settled.
(c) Dependent child means an employee's son, daughter, stepson, or
stepdaughter if:
(1) Unmarried, under the age of 21, and living in the employee's
household; or
(2) Claimed as a ``dependent'' on the employee's income tax return.
(d) Depository institution means a bank, trust company, thrift
institution, or any institution that accepts deposits, including a bank
chartered under the laws of a foreign country.
(e) Employee means an officer or employee of the Board, including a
Board member. It does not include a special Government employee.
(f) Primary government securities dealer means a firm with which
the Federal Reserve conducts its open market operations.
(g) Supervisory employee means an employee who is a member of the
professional staff at the Board with responsibilities in the area of
banking supervision and regulation.
[[Page 65253]]
Sec. 6801.103 Prohibited financial interests.
(a) Prohibited interests. Except as permitted by this section, an
employee, or an employee's spouse or minor child, shall not own or
control, directly or indirectly, any debt or equity interest in:
(1) A depository institution or any of its affiliates; or
(2) A primary government securities dealer or any of its
affiliates.
(b) Exceptions. The prohibition in paragraph (a) of this section
does not apply to the ownership or control of a debt or equity interest
in the following:
(1) Nonbanking holding companies. A publicly traded holding company
that:
(i) Owns a bank and either the holding company or the bank is
exempt under the Bank Holding Company Act of 1956, 12 U.S.C. 1841 et
seq., (for example, a credit card bank, a nonbank bank or a
grandfathered bank holding company), and the holding company's
predominant activity is not the ownership or operation of banks and
thrifts;
(ii) Owns a thrift and its predominant activity is not the
ownership or operation of banks and thrifts; or
(iii) Owns a primary government securities dealer and its
predominant activity is not the ownership and operation of banks,
thrifts or securities firms.
(2) Mutual funds. A publicly traded or publicly available mutual
fund or other collective investment fund if:
(i) The fund does not have a stated policy of concentration in the
financial services industry; and
(ii) Neither the employee nor the employee's spouse exercises or
has the ability to exercise control over the financial interests held
by the fund or their selection.
(3) Pension plans. A widely held, diversified pension or other
retirement fund that is administered by an independent trustee.
(c) Waivers. The Board's Designated Agency Ethics Official, in
consultation with Division management, may grant a written waiver
permitting the employee to own or control a debt or equity interest
prohibited by paragraph (a) of this section if:
(1) Extenuating circumstances exist, such as that ownership or
control was acquired:
(i) Through inheritance, gift, merger, acquisition, or other change
in corporate structure, or otherwise without specific intent on the
part of the employee, spouse, or minor child to acquire the debt or
equity interest; or
(ii) By an employee's spouse as part of a compensation package in
connection with the spouse's employment or prior to marriage to the
employee;
(2) The employee makes a prompt and complete written disclosure of
the interest;
(3) The employee's disqualification from participating in any
particular matter having a direct and predictable effect on the
institution or any of its affiliates does not unduly interfere with the
full performance of the employee's duties; and
(4) Granting the waiver would be consistent with Division policy.
(d) Disqualification. If an employee or an employee's spouse or
minor child holds an interest in a holding company under paragraph
(b)(1) or (c) of this section, the employee must consult the Designated
Agency Ethics Official in order to determine whether the employee must
be disqualified from participating in any particular matter involving
that holding company or affiliate under the conflicts of interest rules
of the Office of Government Ethics.
Sec. 6801.104 Speculative dealings. [Reserved]
Sec. 6801.105 Prohibition on preferential terms from regulated
institutions.
An employee may not accept a loan from, or enter into any other
financial relationship with, an institution regulated by the Board, if
the loan or financial relationship is governed by terms more favorable
than would be available in like circumstances to members of the public.
Sec. 6801.106 Prohibition on supervisory employees' seeking credit
from institutions involved in work assignments.
(a) Prohibition on supervisory employee's seeking credit. (1) A
supervisory employee may not, on his or her own behalf, or on behalf of
his or her spouse or child or anyone else (including any business or
nonprofit organization), seek or accept credit from, or renew or
renegotiate credit with, a depository institution or any of its
affiliates if the institution or affiliate is a party to an
application, enforcement action, investigation, or other particular
matter involving specific parties pending before the Board and:
(i) The supervisory employee is assigned to the matter; or
(ii) The supervisory employee is aware of the pendency of the
matter and knows that he or she will participate in the matter by
action, advice or recommendation.
(2) The prohibition in paragraph (a)(1) of this section also
applies for three months after the supervisory employee's participation
in the matter has ended.
(b) Credit sought by spouse and other related persons. A
supervisory employee must disqualify himself or herself from
participating (by action, advice or recommendation) in any application,
enforcement action, investigation or other particular matter involving
specific parties to which a depository institution or any of its
affiliates is a party as soon as the supervisory employee learns that
any of the following related persons are seeking or have sought or
accepted credit from, or have renewed or renegotiated credit with, the
depository institution or any of its affiliates while the matter is
pending before the Board:
(1) The employee's spouse or dependent child;
(2) A company or business if the employee or the employee's spouse
or dependent child owns or controls more than 10 percent of its equity;
or
(3) A partnership if the employee, or the employee's spouse or
dependent child is a general partner.
(c) Exception. The prohibition in paragraph (a) of this section and
the disqualification requirement in paragraph (b) of this section do
not apply with respect to credit obtained through the use of a credit
card or overdraft protection on terms and conditions available to the
public.
(d) Waivers. The Board's Designated Agency Ethics Official, after
consulting with the relevant division director, may grant a written
waiver from the prohibition in paragraph (a) of this section, or the
disqualification requirement in paragraph (b) of this section, based on
a determination that participation in matters otherwise prohibited by
this section would not create an appearance of loss of impartiality or
use of public office for private gain, and would not otherwise be
inconsistent with the Office of Government Ethics' Standards of Ethical
Conduct for Employees of the Executive Branch (5 CFR part 2635) or
prohibited by law.
Sec. 6801.107 Disqualification of supervisory employees from matters
involving lenders.
(a) Disqualification required. A supervisory employee may not
participate by action, advice or recommendation in any application,
enforcement action, investigation, or other particular matter involving
specific parties to which a depository institution or its affiliate is
a party if any of the following are indebted to the depository
institution or any of its affiliates:
(1) The employee;
(2) The spouse or dependent child of the employee;
[[Page 65254]]
(3) A company or business if the employee or the employee's spouse
or dependent child owns or controls more than 10 percent of its equity;
or
(4) A partnership if the employee or the employee's spouse or
dependent child is a general partner.
(b) Exceptions--(1) Consumer credit on nonpreferential terms.
Disqualification of a supervisory employee is not required by paragraph
(a) of this section for the following types of indebtedness if payment
on the indebtedness is current and the indebtedness is on terms and
conditions offered to the public:
(i) Credit extended through the use of a credit card;
(ii) Credit extended through use of an overdraft protection line;
(iii) Amortizing consumer credit (e.g., home mortgage loans,
automobile loans); and
(iv) Credit extended under home equity lines of credit.
(2) Indebtedness of a spouse or dependent child. Disqualification
is not required with respect to any indebtedness of the employee's
spouse or dependent child, or a company, business or partnership in
which the spouse or dependent child has an interest described in
paragraphs (a)(3) and (a)(4) of this section, if:
(i) The indebtedness represents the sole financial interest or
responsibility of the spouse, child, company, business or partnership
and is not derived from the employee's income, assets or activities;
and
(ii) The employee has no knowledge of the identity of the lender.
(c) Waivers. The Board's Designated Agency Ethics Official, after
consulting with the relevant division director, may grant a written
waiver from the disqualification requirement in paragraph (a) of this
section using the authorization process set forth in the Office of
Government Ethics' Standards of Ethical Conduct at 5 CFR 2635.502(d).
Sec. 6801.108 Restrictions resulting from employment of family
members.
(a) Reporting certain employment relationships. A supervisory
employee who has knowledge that his or her spouse, child, parent or
sibling is employed by a depository institution or its holding company
shall report such employment to his or her supervisor and the Ethics
Office within thirty days of the commencement of the supervisory
employee's employment at the Board or promptly upon learning of the
employment relationship.
(b) Disqualification. A supervisory employee may not participate in
any particular matter to which a depository institution or its
affiliate is a party if the depository institution or affiliate employs
his or her spouse, child, parent or sibling unless the supervising
officer, with the concurrence of the Board's Designated Agency Ethics
Official, has authorized the employee to participate in the matter
using the authorization process set forth in the Office of Government
Ethics' Standards of Ethical Conduct at 5 CFR 2635.502(d).
Sec. 6801.109 Prior approval for compensated outside employment.
(a) Approval requirement. An employee shall obtain prior written
approval from his or her division director (or the division director's
designee) and the concurrence of the Board's Designated Agency Ethics
Official before engaging in compensated outside employment.
(b) Standard for approval. Approval will be granted unless a
determination is made that the prospective outside employment is
expected to involve conduct prohibited by statute or Federal
regulation, including 5 CFR part 2635 and this part.
(c) Definition of employment. For purposes of this section, the
term compensated outside employment means any form of compensated non-
Federal employment or business relationship involving the provision of
personal services by the employee. It includes, but is not limited to,
personal services as an officer, director, employee, agent, attorney,
consultant, contractor, general partner, trustee, teacher or speaker.
TITLE 12--BANKS AND BANKING
CHAPTER II--FEDERAL RESERVE SYSTEM
2. 12 CFR part 264 is revised to read as follows:
PART 264--EMPLOYEE RESPONSIBILITIES AND CONDUCT
Sec. 264.101 Cross-reference to employees' ethical conduct standards
and financial disclosure regulations.
Employees of the Board of Governors of the Federal Reserve System
(Board) are subject to the executive branch-wide standards of ethical
conduct at 5 CFR part 2635 and the Board's regulation at 5 CFR part
6801, which supplements the executive branch-wide standards, and the
executive branch-wide financial disclosure regulation at 5 CFR part
2634.
Authority: 5 U.S.C. 7301; 12 U.S.C. 244.
[FR Doc. 95-30581 Filed 12-18-95; 8:45 am]
BILLING CODE 6210-01-P
Complete official Federal Register PDF
FR Doc. 95-30558 Denial of Petition for Rulemaking; Federal Motor Vehicle Safety Standards
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65262-65263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30558]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
Denial of Petition for Rulemaking; Federal Motor Vehicle Safety
Standards
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Denial of petition for rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document denies a petition from Mr. Philip Sweeney to
require audible exterior back-up warning signals on large motor
vehicles such as school buses and city maintenance vehicles. After
analyzing the petition and data on back-up accidents, NHTSA concludes
that mandating audible backup warning signals may not be effective in
minimizing collisions with pedestrians, especially young children. The
Agency has research underway on other means to reduce such deaths and
injuries.
FOR FURTHER INFORMATION CONTACT: Mr. Jere Medlin, Office of Crash
Avoidance Standards, NHTSA, 400 Seventh Street, SW, Washington, DC
20590. Mr. Medlin's telephone number is: (202) 366-5276. His facsimile
number is (202) 366-4329.
SUPPLEMENTARY INFORMATION: At present, none of the Federal Motor
Vehicle Safety Standards requires that a motor vehicle sound an audible
warning signal when the vehicle is driven in reverse or backing up. By
letter dated August 7, 1995, Mr. Philip Sweeney of San Diego,
California, petitioned the agency to issue a standard to require an
audible exterior maintenance vehicles. Mr. Sweeney stated in his
petition that drivers of large vehicles have limited rear visibility,
that young children can sometimes act impulsively, disregarding safety
rules, and that young children have limited ability to anticipate
safety risks.
The agency has reviewed the circumstances associated with the
petitioner's desired solution. It has found that pedestrian response to
exterior audible back-up alarms already on large vehicles has been
studied. This study looked at the human factors involved in relation to
conventional backing-up audible warning systems. The study, ``The
Consideration of Human Factors in the Design of a Backing-up Warning
System'' by Duchon, James C. and Laage, Linneas W., U.S. Bureau of
Mines, is from the
[[Page 65263]]
``Proceedings of the Human Factors Society--30th Annual Meeting--
1986.'' The authors looked at human behavior associated with back-up
alarms. The specific vehicles were front-end loaders in the mining
industry. The findings were that vehicle operators lose the perception
of responsibility for vigilant behavior and that the pedestrians in the
area predictably become habituated to the alarm. The authors also
discussed a discernible alarm that would activate only when there was a
target in danger behind the vehicle, which might be more effective
because it sounded when an object was in proximity to the rear of the
vehicle. Unfortunately, while possibly reducing habituation, such an
alarm does not resolve the fundamental problem with alarms--the change
in behavior of the driver towards being less responsible for the
backing maneuver.
Another research effort looked at pedestrian back-up accidents and
evaluated if an audible exterior back-up alarm would have been
effective in preventing the accident. The study, ``An Audible
Automobile Back-up Pedestrian Warning Device--Development and
Evaluation'', DOT-HS-802-083, November 1976, found that accidents where
no benefit would be expected from an audible exterior alarm included
those where the pedestrian saw the vehicle but was unable to or did not
avoid it (e.g. if the vehicle was backing too fast), where the vehicle
was unoccupied, and when the victim was a child less than 5 years old.
This last item was added because, as the petitioner appears to support,
children have limited abilities to recognize danger signals and risky
situations. It should be noted that children are over-represented in
backing accidents most likely because of this limitation and because
they cannot be seen easily behind a vehicle, even if standing.
Thus, any solution of the back-up accident problem should be able
to address the deaths and injuries to children age 5 years and under.
It would appear that an audible exterior warning signal as proposed by
the petitioner would have little value in addressing backing accidents,
given the above findings.
The agency is currently conducting research to investigate the
feasibility of equipping motor vehicles with cost effective
countermeasures to assist drivers in safely carrying out backing, lane
change and merging maneuvers. The objectives are to determine the
performance of one or more feasible countermeasures and to define
specifications in performance terms without constraining the solutions
to particular devices or technologies. Should the Agency find that
there are cost effective solutions available when that research is
completed, it would consider beginning a rulemaking seeking to mandate
those performance oriented solutions.
Concerning the petitioner's specific reference to school buses, in
1995 an industry-developed standard requiring audible exterior back-up
alarms for all school buses was promulgated by the National Standards
Conference on School Transportation. Thirty-one states have chosen to
mandate back-up alarms on school buses or recommend voluntary
installation. Other regulatory and standards setting organizations such
as the states can mandate audible exterior back-up alarms on such state
and locally owned government vehicles, regardless of the level of
effectiveness and regardless of whether the buses are new or in
service. Thus, audible exterior back-up alarm installations on school
buses are likely to increase at a significant rate.
In addition, many new large trucks are voluntarily equipped with
audible exterior back-up alarms because of Occupational Safety and
Health Administration (OSHA) regulations for work site safety that
require a person outside of a vehicle to direct backing operations or
that vehicles in work sites to be equipped with audible exterior back-
up alarms. Vehicle manufacturers, in response to purchasers, appear to
be increasing the number of installations of back-up alarms on large
trucks for the purpose of complying with the OSHA rules.
In sum, although NHTSA continues to be concerned about collisions
between pedestrians and vehicles that are backing up, the agency is not
convinced that mandating audible back-up alarms on large vehicles is
the most effective means to minimize collisions with pedestrians. In
particular, the data do not appear to show that mandating audible
backup alarms would result in minimizing collisions with small
children. NHTSA therefore intends to continue its research efforts and
to look into possible alternatives, such as the effectiveness of
mirrors installed specifically for backing maneuvers. It is premature
for NHTSA to make any decision about mandating any particular solution
at this time.
In accordance with 49 CFR part 552, this completes the agency's
review of the petition. The agency has concluded that there is no
reasonable possibility that the specific requirement requested by the
petitioner would be issued at the conclusion of a rulemaking
proceeding. Accordingly, it denies Mr. Sweeney's petition.
Authority: 49 U.S.C. 30103, 30162; delegation of authority at 49
CFR 1.50 and 501.8.
Issued on: December 11, 1995.
Barry Felice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-30558 Filed 12-18-95; 8:45 am]
BILLING CODE 4910-59-M
Complete official Federal Register PDF
FR Doc. 95-30408 Transportation of Hazardous Materials By Rail; Miscellaneous Amendments
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65492-65504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30408]
[[Page 65491]]
_______________________________________________________________________
Part VI
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
Transportation of Hazardous Materials By Rail; Miscellaneous
Amendments; Proposed Rule
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 /
Proposed Rules
[[Page 65492]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 174, 179
[Docket No. HM-216; Notice No. 95-16]
RIN 2137-AC66
Transportation of Hazardous Materials By Rail; Miscellaneous
Amendments
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of Proposed Rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: RSPA is proposing to incorporate into the Department's
Hazardous Materials Regulations (HMR) a number of changes to rail
requirements based on rulemaking petitions from industry and RSPA
initiatives. This action is necessary to update the regulations and to
respond to petitions for rulemaking. The intended effect of these
regulatory changes is to improve safety and reduce costs to offerors
and transporters of hazardous materials.
DATES: Comments must be received on or before February 22, 1996.
ADDRESSES: Address comments to Dockets Unit (DHM-30), Hazardous
Materials Safety, RSPA, U.S. Department of Transportation, Washington,
DC 20590-0001. Comments should identify the docket and notice number
and be submitted, when possible, in five copies. Persons wishing to
receive confirmation of receipt of their comments should include a
self-addressed, stamped postcard. The Dockets Unit is located in Room
8421 of the Nassif Building, 400 Seventh Street S.W., Washington, DC
20590-0001. Office hours are 8:30 am to 5:00 pm Monday through Friday,
except on public holidays when the office is closed.
FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-4488,
Office of Hazardous Materials Standards, Research and Special Programs
Administration, Washington DC, 20590-0001, or James H. Rader, telephone
(202) 366-0510, Office of Safety Assurance and Compliance, Federal
Railroad Administration, Washington DC, 20590-0001.
SUPPLEMENTARY INFORMATION: This document proposes miscellaneous changes
to rail requirements contained in the HMR. These proposed changes are
based either on petitions for rulemaking submitted in accordance with
49 CFR 106.31 or agency initiative and are intended to reduce
regulatory burdens by simplifying or updating existing regulations.
This rule, as proposed, is consistent with the goals of President
Clinton's Regulatory Reinvention Initiative. The President directed
Federal agencies to review all agency regulations and eliminate or
revise those that are outdated or in need of reform. A notice issued
April 4, 1995 by RSPA requested comments on regulatory reform (Docket
HM-222; 60 FR 17049) and announced a comprehensive review of the HMR to
identify provisions that are candidates for elimination, revision,
clarification, or relaxation. Certain proposed changes in this document
reflect the results of this review.
I. Summary of Proposed Regulatory Changes by Section
Listed below is a section-by-section summary of the proposed
changes and, where applicable, the assigned petition number.
Part 171
Section 171.7. Various American Society for Testing and Materials
(ASTM) standards would be updated to reflect the most current version.
Other ASTM standards that no longer would be referenced in the proposed
revision of Sec. 179.12 would be removed.
Part 172
Section 172.101: The Hazardous Materials Table. In the Hazardous
Materials Table, several entries would be revised based on petitions
for rulemaking and agency initiative. Proposed revisions include:
--Twenty-nine entries would be revised by removing Special Provision
B12 assigned to those entries in Column (7). This special provision
requires the marking of tank cars with the proper shipping name or
common name of the material. RSPA is proposing to limit the
applicability of this marking requirement to certain materials that
pose a higher risk in transportation.
--For the entry ``Dimethylhydrazine, unsymmetrical'', in Column (7)
Special Provision B79 would be removed. ``Dimethylhydrazine,
unsymmetrical'' currently is assigned Special Provisions B74 and B79.
Special Provision B74 requires the use of a tank car conforming to a
Class 105S, 106, 110, 112J, or 114J. Special Provision B79 requires
each tank car to have a tank head puncture system if the tank was
constructed prior to April 1, 1989. Because Special Provision B74
requires all tank cars to meet the requirements of B79, referencing
Special Provision B79 is unnecessary.
--For the entry for Calcium carbide, Special Provision B59 would be
added for both Packing Group I and II entries. This special provision
will authorize the continued use of Class AAR 207 tank cars for the
transportation of calcium carbide after October 1, 1996.
Section 172.102. Special Provisions B4 and B10 would be revised to
remove a prohibition on the use of Association of American Railroads
(AAR) 206 tank cars. In the Sec. 172.101 Hazardous Materials Table
(HMT), each commodity assigned this special provision must be in a
packaging authorized in Sec. 173.243, which does not allow an AAR 206
tank car.
Special Provision B5 would be revised to authorize use of tank
cars, constructed from other than aluminum plate, for ammonium nitrate
fertilizer.
Consistent with proposed changes to tank car marking requirements
discussed previously in conjunction with proposed changes to the
Hazardous Materials Table, Special Provision B12 would be removed. The
requirement to mark the proper shipping name or common name of a
material on a tank car would be limited to certain materials that
present a higher risk in transportation, as proposed in Sec. 172.330.
Special Provisions B42, B65, B71, B72, B74, and B76 would be
revised for clarity. RSPA and FRA have received numerous inquiries
concerning the use of tank cars having higher test pressures than those
authorized under these special provisions. RSPA is proposing to revise
these provisions to clarify that any class tank car with a higher test
pressure than authorized also may be used. Special Provisions B42, B65,
and B76 also would be revised to authorize the optional marking of the
tank to a lower pressure specification. The current regulations require
the lower pressure specification marking for certain commodities. RSPA
and FRA believe that tank cars qualified to meet a specific
specification should be marked to indicate that specification. RSPA is
proposing the optional marking requirement to authorize the remarking
of qualified tank cars to the higher pressure specification. For
example, currently tank cars transporting acetone cyanohydrin are
required to conform to a DOT 105S, 112J, or 114J specification provided
the tank test pressure is 300 psig or greater. In addition, the tank
car specification must be remarked to indicate a tank test pressure of
200 psig, and each tank car must be equipped with a safety relief
device having a start-
[[Page 65493]]
to-discharge pressure setting of 150 psig. RSPA is proposing that these
tank cars remain marked at the higher pressure specification while
maintaining the currently applied safety relief device (e.g., DOT
105S300W, Safety Valve 150 LB).
RSPA is proposing to remove a requirement in Special Provision B57
that the shipping name CHLOROPRENE must be marked on a tank car. This
marking requirement is included in the proposed revision of
Sec. 172.330(a)(1). RSPA also is revising the first sentence of Special
Provision B78 to specify test pressure and clarify which rail cars are
authorized.
Section 172.203. Currently, rail carrier shipping paper
requirements are contained in both Parts 172 and 174. In this notice,
RSPA proposes to move the shipping paper requirements in Part 174 to
Part 172. RSPA and FRA believe that by consolidating the shipping paper
requirements, including additional shipping paper entries for tank cars
containing the residue of a hazardous material, compliance will be
improved. Paragraph (e)(2) currently references paragraph (e)(3) and
Sec. 174.25 for shipping paper description requirements for residues of
hazardous materials in tank cars. These references would be replaced
with a specific requirement to precede the basic shipping description
with the wording ``RESIDUE, LAST CONTAINED.'' Paragraph (g)(1) also
would be revised to reflect the incorporation of shipping paper
requirements currently contained in Part 174 by a requirement to
identify a rail car, freight container, transport vehicle, or portable
tank that contains a hazardous material by ``reporting mark and
number.''
Section 172.205. Based on a petition [P-1053] from AAR, RSPA would
revise paragraph (f) for consistency with Environmental Protection
Agency (EPA) hazardous waste manifest requirements for transportation
by rail contained in 40 CFR 263.20(f).
Section 172.330. Paragraph (a)(1) would be revised to clarify
marking requirements for tank cars. Marking requirements currently
contained in Sec. 172.102 special provisions and in Parts 173 and 179
would be incorporated into Sec. 172.330 or removed as part of this
revision. The requirement to mark the proper shipping name or common
name of a hazardous material on a tank car would be limited to Division
2.1 and 2.3 materials, Division 2.2 materials in a Class DOT 107 tank
car, anhydrous ammonia, ammonia solutions with more than 50% ammonia,
bromine and bromine solutions, hydrogen cyanide, chloroprene, and
refrigerant or dispersant gases, as defined in Sec. 173.115.
Section 172.510. Paragraph (a) would be revised to require the
placement of each placard on a white square background for each class
DOT 113 tank car used to transport a Division 2.1 (flammable gas)
material. The white square background notifies railroad switching crews
that the car may not be cut off while in motion. The current
regulations only require rail cars containing Divisions 1.1 and 1.2
explosives, Division 2.3 Hazard Zone A materials and Division 6.1 PG I
Hazard Zone A materials to have the white square background, but not
the class DOT 113 tank car. This change will simplify the switching
requirements for rail cars by communicating, through a white square
background, that a class DOT 113 tank car transporting a Division 2.1
material may not be cut off while in motion. RSPA and FRA believe that
this requirement will make it easier to train yard switching employees
and reduce the potential for overspeed impacts. The inner support
system for class 113 tank cars is designed to withstand loads producing
accelerations of 7``g'' longitudinal, 3``g'' transverse, and 3``g''
vertical. Consequently, it is imperative that railroads shove this
class of car to rest to prevent yielding of the support system.
Sections 172.510 and 172.526. Provisions applying to the
specifications and use of RESIDUE placards would be removed in these
sections. The RESIDUE placard is not required by any other mode and,
because the information provided through a RESIDUE placard can be
adequately conveyed through primary and subsidiary placards and
shipping paper information, RSPA and FRA believe that this placard is
unnecessary. Further, FRA reports that during the last six years its
inspectors cited missing, faded, or incorrect placards on nearly 22,000
occasions. By removing the RESIDUE placard requirement, RSPA and FRA
believe that offerors will use permanent adhesive placards, such as
those used on highway vehicles, thereby increasing compliance with HMR
placarding requirements. Also, RSPA and FRA understand that Transport
Canada is considering removing the RESIDUE placard from its
Transportation of Dangerous Goods Regulations to the extent that, in
December 1993, it issued a newsletter asking for public comment. Such
an action by Transport Canada would have a direct effect on transborder
shipments; consequently, RSPA and FRA believe a proposal to remove this
requirement from the HMR is appropriate.
Part 173
Section 173.24b. RSPA is proposing to amend paragraph (a) to
recognize the insulation properties of thermal protection applied to
tank cars. The proposed rule would allow for a ``mid-range''
temperature for the calculation of outage and filling limits, provided
the insulation qualities provide an overall thermal conductance at
15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules per hour per
square meter per degrees Celsius (0.5 Btu per hour per square foot per
degree F) temperature differential. This proposal is based on a
petition for rulemaking submitted by the Propane Gas Association of
Canada [P-1251], developed in cooperation with Transport Canada.
Section 173.29. Paragraph (f) would be removed, consistent with the
proposed removal of Sec. 172.510(c).
Section 173.314. Paragraph (b)(5), which contains provisions for
marking the proper shipping name of certain Class 2 materials on tank
cars, would be removed because these provisions also appear in
Sec. 172.330. Paragraph (b)(6) would be redesignated (b)(5) and amended
to revise requirements for heat-resistant gaskets. In 1988, the
National Transportation Safety Board (NTSB) recommended that FRA: (1)
establish performance standards for determining the acceptability of
heat-resistant gaskets on tank cars; and (2) evaluate the effect on
gasket compatibility and heat-resistant performance of sealants used
for installing gaskets on tank cars. NTSB recommended that FRA
establish performance criteria to decide what sealant is acceptable and
conditions for its use. (Butadiene Release and Fire from GATX 55996 at
the CSX Terminal Junction Interchange, New Orleans, Louisiana,
September 8, 1987 (NTSB/HZM-88/01)). As a result of the NTSB
recommendation, RSPA published an Advanced Notice of Proposed
Rulemaking (ANPRM) on May 18, 1990, under Docket HM-175A [Notice 90-8;
55 FR 20242] requesting comments on gasket specifications and the use
of sealant materials. Commenters to the ANPRM expressed concerns
regarding the technical complications for defining gasket
specifications in the regulations, since there are many variables in
torquing values for the fitting closure/gasket combination and the
chemical compatibility of the gasket material. In a Notice of Proposed
Rulemaking (NPRM) published October 8, 1993 [58 FR 52574] under Docket
HM-175A, RSPA and FRA announced that several
[[Page 65494]]
topics, including gasket specifications, raised in earlier notices
either were too technically complex or insufficiently developed to
address in that NPRM and would be handled in a separate rulemaking
action.
Although the commenters to the ANPRM pointed out many technical
complications associated with defining gasket specifications for all
products authorized in tank cars, RSPA and FRA believe that a
performance standard for heat-resistant gaskets is necessary for
Division 2.1 materials and anhydrous ammonia to ensure that installed
gaskets will not degrade at elevated temperatures (see
Sec. 173.314(b)(6) for current requirements). In this NPRM, RSPA is
proposing a performance standard for heat-resistant gaskets based on
information obtained from the Fluid Sealing Association's Non Metallic
Gasket Handbook. The handbook shows that asbestos, a common heat-
resistant gasket material, has a maximum temperature range of 230-
340 deg.C (450-650 deg.F). Consequently, RSPA is proposing to specify
that a heat-resistant gasket can survive temperatures at or above
230 deg.C. This is comparable to the temperature indicated in the Fluid
Sealing Association's handbook. This proposal also would expand the use
of heat-resistant gaskets to all Division 2.3 materials.
Commenters stated that to seal a joint, the installed gasket is
compressed (by applying a bolt load to the flange body surfaces) into
the imperfection of the joint and a tight, leakproof barrier occurs.
The use of sealants for installing gaskets is therefore unnecessary and
may lead to gasket displacement. Based on these comments, RSPA is
proposing to prohibit the use of sealants for installing gaskets on
tank cars used to transport Division 2.1 and 2.3 materials and
anhydrous ammonia.
RSPA also is proposing to authorize Class DOT 112J and 112T
specification tank cars for the transportation of dimethyl ether.
Currently, RSPA only authorizes the use of a DOT 105A300W tank car.
This proposal is based on an exemption issued to Aeropres Corporation
(DOT-E 11000) and a petition for rulemaking [P-1253]. RSPA also is
proposing to remove Note 2 in paragraph (c) of the table. For the entry
``Ammonia, anhydrous or ammonia solutions >50 percent ammonia'' in the
second column ``Note 2'' would be revised to read ``Note 3''. This
would allow shippers to calculate the outage and filling limits for
tank cars based on changes proposed in Sec. 173.24b.
In addition, paragraph (i), which provides alternate settings for
safety relief valves on tank car tanks used for certain commodities,
would be removed. Removal of this paragraph is consistent with the
proposed consolidation of pressure relief device requirements in
Sec. 179.15.
Part 174
In 1985, AAR petitioned RSPA (P-983) to rewrite Part 174, stating
that the regulations in this part are ``awkwardly arranged, often
redundant, and in many places obsolete.'' AAR supplied a complete
rewrite of Part 174 as part of its petition. Subsequently, various
rulemaking actions such as HM-175A (final rule adopted improved
crashworthiness for tank cars), HM-201 (final rule adopted new methods
of tank car testing), HM-181 (mandated performance packaging
standards), HM-166 (implemented many detailed changes to the HMR), HM-
197 (adopted new requirements for TOFC/COFC shipments), and HM-212
(considering new standards for tank car unloading and attendance) have
addressed numerous suggestions contained in petition P-983. This notice
proposes additional changes based on P-983, including simplification of
standards for inspection of tank cars by railroads and revisions in
documentation requirements of Part 174.
Section 174.3. This section prohibits a shipment of a hazardous
material not prepared in accordance with Parts 171, 172, and 173 from
being offered for transportation or transported by rail. The section
would be revised to reflect language contained in Parts 175 and 177 for
unacceptable hazardous materials shipments.
Section 174.8 through 174.10. Inspection requirements currently
contained in Secs. 174.8, 174.9 and 174.10 would be consolidated into
Sec. 174.9 to clarify a railroad's inspection duties at points of
origination, interchange points and other locations where rail cars
must be inspected. Sections 174.8 and 174.10 would be removed. Section
174.9 would require a railroad to inspect each rail car for compliance
with the HMR and other conditions that may make the car unsafe for
transportation.
Under FRA's Railroad Freight Car Safety Standards (FCSS [49 CFR
Part 215]), each railroad must inspect a freight car at each location
where it is placed in a train. The inspection must be made by: (1) a
``designated inspector'' under Sec. 215.11; or (2) a train crew member
where a designated employee is not on duty (see Appendix D to Part
215). As a rule, train crew members inspect for ``imminent hazardous
conditions'' that are likely to cause an accident or casualty before
the train arrives at its destination. Examples provided in Appendix D
include: car body leaning or listing to one side, objects dragging
below, broken or missing safety appliance, lading leaking from a
placarded hazardous materials car, and broken or extensively cracked
wheel.
In addition to the requirements above, the HMR require an
inspection of each placarded railcar when received in ``interchange.''
This notice proposes to remove the requirement to inspect placarded
railcars at interchange, simply because railroad operations now permit
the interchange of railroad equipment in outlying locations, usually on
mainline track, that may not be acceptable for the performance of a
proper inspection. For example, in ``run-through'' train operations,
the train crew of the receiving railroad simply assumes responsibility
of the train from the delivering train crew. No locomotives or railcars
are added or removed. Since the train may exceed one mile in length,
portions of the train, including portions that may have a placarded
railcar containing a hazardous material, may not be accessible to the
receiving train crew because of bridges, tunnels, or terrain.
As proposed, RSPA would make the locations of inspection consistent
with those in the FCSS, issued by the FRA. RSPA does not intend to
change the railroad's current inspection practices nor require the
railroad to inspect railcars containing a hazardous material on a more
frequent basis than the required presently in the HMR and FCSS. The
proposed rule simply makes clear that a railroad must inspect a
hazardous material laden car at locations that now require an
inspection under the FCSS (by the train crew or a designated employee,
where such employees are on duty).
The proposed rule further clarifies that a railroad employee need
not climb each railcar to determine if, in fact, the railcar conforms
to the HMR. These inspections may be performed at ``ground level.''
Where the rule proposes to require a ground level inspection for
``securement of closures,'' RSPA and FRA believe railroad employees can
determine, from the ground, whether or not protective housings are
open, whether or not manway openings (on non- or low-pressure tank
cars) are in the ``up'' position, and whether or not the manway bonnet
cover (on pressure tank cars) is open. At the bottom of the car, FRA
and RSPA believe that railroad employees can determine whether or not
the bottom outlet cap is in the proper, applied position.
Section 174.11. Section 174.11 would be removed because it merely
references
[[Page 65495]]
Sec. 171.12a for transportation of Canadian shipments or packagings by
rail car within the U.S.
Section 174.18. Section 174.18 concerning the handling of astray
packages of hazardous materials is obsolete; therefore this section
would be removed.
Section 174.24. Shipping paper requirements for rail carriers in
Part 174 would be moved to Part 172. Revised Sec. 174.24 would cross-
reference shipping paper requirements in Part 172.
Section 174.25. When an accident occurs on the railroad, it is
customary to identify the transport vehicle or freight container
involved by the use of reporting marks. These marks are used for
routing, cost accounting, and for tracing (or locating) individual
shipments in the transportation system. If an emergency responder were
to ask about the contents of an individual shipment by reporting mark,
a rail carrier could provide immediate emergency response information,
a copy of the shipping paper, routing information, and the name,
telephone number, and location of the shipper. This information is much
more detailed than simply conveying to the emergency responder the type
of placard applied to the packaging. Consequently, RSPA proposes to
remove the ``placard notation'' requirement since it is outdated for
emergency response communication. Removing the placard notation
requirement would not, however, prohibit individual rail carriers from
adopting comparable requirements, if they so choose.
RSPA also is proposing to remove the requirement for a ``placard
endorsement'' placed on a waybill near the reporting mark of each rail
car, freight container, transport vehicle, or portable tank that
contains a hazardous material when transported by rail. The current
rule requires a unique endorsement based on the hazard class of the
material shipped. Exceptions to the placard endorsement are provided
for materials that do not require placarding (e.g., less than 1,001
pounds of a material listed in Sec. 172.504 Table 2, in most types of
transport vehicles or freight containers), Class 9 materials, and
combustible liquids). RSPA is proposing to remove this requirement
because technological advances in the railroad industry have made the
use of the placard endorsement no longer necessary to communicate the
presence of hazardous materials to railroad workers. As a general rule,
railroads now use electronic data interchange and computer generated
train consists (or manifests) to communicate the presence of these
materials. Responders and railroad workers rely on the hazardous
materials description and emergency response information on train
consists and printed waybills rather than the placard endorsement. As
stated earlier, removing the endorsement would not prohibit individual
rail carriers from adopting comparable requirements at their
discretion.
Other shipping paper requirements in this section, including those
for tank cars containing the residue of a hazardous material, would
either be removed or moved to Part 172.
Section 174.26. Paragraph (a) would be removed because if a carrier
complies with paragraph (b), the carrier also is complying with
paragraph (a), except for the ``consecutively numbered notice.'' Based
on current railroad technology and computer-based information systems,
this notice is obsolete. Paragraphs (b) and (c) would be renumbered
paragraphs (a) and (b), respectively. Newly designated paragraph (b)
would be revised to reference shipping paper requirements of Part 172
and specify use of other forms of car movement documents.
Section 174.45. This section would be removed because it merely
references Secs. 171.15 and 171.16 and is redundant.
Sections 174.47 and 174.48. These sections contain requirements for
forwarding shipments in violation of the HMR and damaged or leaking
packages. The provisions in these sections would be consolidated into
revised Sec. 174.50.
Section 174.49. This section concerns the use of open-flame
lanterns for the inspection of transport vehicles known to contain
flammable liquids and gases. The use of open-flame lanterns is
obsolete; therefore, this section would be removed.
Section 174.50. This section would be revised by consolidating
requirements of Secs. 174.47, 174.48, and 174.50 and by removing all
obsolete provisions. These sections stipulate that railroads may not
forward damaged packages, leaking tank cars (except for necessary short
moves), or any tank car found in non-compliance with the HMR, except
under the terms of a DOT exemption. RSPA is proposing to simplify the
overall principle in these sections by prohibiting the movement of
packages that do not conform to the HMR. Packages other than tank cars
would have to be repaired, reconditioned, or overpacked prior to
subsequent movement. Tank cars would have to be repaired or be moved
under conditions approved by FRA's Associate Administrator for Safety.
This proposed regulation would allow, for example, the movement of a
tank car with an emergency valve repair or capping kit under approved
conditions.
Section 174.55. This section would be revised for clarity. Based on
a petition [P-1042] submitted by AAR, suggesting that certain
provisions of the existing section are meaningless or confusing, RSPA
is proposing to streamline this section.
Section 174.67. The first sentence in paragraph (k) would be
revised to remove the requirement for heater coil inlet and outlet
pipes to be left open. This proposed revision is based on a petition
[P-942] indicating that these pipes need to be left open only 5% of the
time, when steam is applied.
Section 174.69. This section would be removed, based on a petition
from AAR [P-1139], because it conflicts with applicable requirements in
Sec. 172.514.
Section 174.85. Based on corresponding changes in Secs. 172.510 and
172.526 to remove provisions for a RESIDUE placard, paragraph (c) would
be revised to reference a rail car containing a residue of a hazardous
material rather than a rail car placarded ``RESIDUE''.
Part 179
The following sections would be revised by updating certain ASTM
specifications and deleting others that are no longer used, based on a
petition [P-1023] from AAR: Secs. 179.100-7, 179.100-10, 179.100-20,
179.102-1, 179.102-2, 179.200-7, 179.200-24, 179.201-5, and 179.300-7.
Sections 179.12 through 179.12-7. Sections 179.12-1 through 179.12-
7 would be removed and Sec. 179.12 would be revised by incorporating
provisions from Secs. 179.12-1 and 179.12-5. The design and materials
of construction for interior heater coils require AAR approval. This
NPRM proposes to remove the DOT specification requirements and allow
AAR greater flexibility in approving heater system designs.
Section 179.15. This section would be added to consolidate pressure
relief device requirements and adopt provisions to: (1) increase the
start-to-discharge pressure of safety relief devices for tanks that
have a burst pressure of 240 psig, while allowing the continued use of
existing cars; (2) allow for a reduced orifice in the upstream nozzle
of a pressure relief device to accommodate pressure surges; (3)
increase the rupture disc burst pressure for cars so equipped; (4)
standardize the start-to-discharge pressure setting for all commodities
and tank car specifications; and (5) align the start-to-discharge
pressure setting for tank cars with that prescribed by the ASME code.
[[Page 65496]]
In this notice, a pressure relief valve means a pressure relief
device that is designed to open rapidly, or by opening in proportion to
the increase in pressure over the opening pressure, and designed to
reclose and prevent further flow of vapor after normal conditions have
been restored. A nonreclosing pressure relief device is a pressure
relief device actuated by inlet static pressure and designed to
function by rupturing (bursting) a pressure containing disc (rupture
disc) and remains open after operation.
Two ANPRMs published under Docket HM-175A (May 15, 1990; 55 FR
20242, and August 29, 1990; 55 FR 35327) solicited comments on
potential costs and safety benefits derived from improvements to the
crashworthiness of tank cars and restrictions on continued use of tank
cars in hazardous materials service that no longer meet current safety
requirements. RSPA issued the ANPRM, in part, to address an AAR
petition requesting an increase in the start-to-discharge pressure of a
nonreclosing pressure relief device and a reduction in the size of the
upstream nozzle (P-1083). Commenters responding to the ANPRM suggested
that tanks with a 60 psig test pressure and built with 7/16 inch wall
thicknesses could be converted to a 100 psig tank test pressure
(subject to an inspection and AAR approval), but opposed any conversion
of DOT 115A or AAR 206W tank cars because of wall thickness. Most
commenters supported increasing the start-to-discharge pressure of a
nonreclosing pressure relief device to prevent rupture of the disc from
in-transit pressure surges.
The Railway Progress Institute (RPI) suggested in its comment that
the optimum flow capacity for a pressure relief device is the minimum
required to prevent tank car rupture in fire conditions. The RPI and
other commenters opposed increasing the flow capacity of certain
pressure relief valves and stated that both large and small capacity
pressure relief valves discharge the same amount of product. Large
capacity pressure relief valves, as opposed to small capacity valves,
release large amounts of product for brief durations.
A petition for rulemaking submitted by the Chemical Manufacturers
Association (CMA) supported the ANPRM and AAR's petition (P-1270). CMA
suggested that reclosing pressure relief valves should have a start-to-
discharge pressure setting consistent with several DOT exemptions for
nonreclosing pressure relief devices (i.e., 165 percent of the tank
test pressure or 33 percent of the tank burst pressure).
RSPA published an NPRM under Docket HM-175A on October 8, 1993 (58
FR 52574) but did not propose changes to the HMR concerning pressure
relief devices. Based on the merit of comments to Docket HM-175A and a
petition for rulemaking [P-1083], RSPA is proposing to consolidate the
pressure relief device requirements now contained in Secs. 173.314(i),
179.100-15, 179.200-18, 179.201-7, and 179.220-19 into a new
Sec. 179.15. This proposal incorporates a performance-based flow
capacity requirement to prevent excess pressure build-up within the
tank, under fire conditions for both reclosing and nonreclosing
pressure relief devices. Further, RSPA is not proposing an increase in
the flow capacity of a pressure relief device (including those devices
used on tank cars transporting materials toxic by inhalation), based on
comments received to Docket HM-175A.
For most tank car specifications, the current start-to-discharge
pressure setting for pressure relief devices is 30 percent of the tank
burst pressure (33 percent of the tank burst pressure for certain
commodities listed in Sec. 173.314(i) and in two DOT exemptions: DOT-E
10288 and DOT-E 10328). Flow capacity of the pressure relief device is
set at 33 percent of the tank burst pressure. For nonpressure tank car
specifications, however, the start-to-discharge pressure setting of a
pressure relief device is about 15 percent of the tank burst pressure.
To allow for an equivalent start-to-discharge pressure setting for both
pressure and nonpressure tank car specifications, RSPA is proposing a
start-to-discharge pressure setting of up to 33 percent of the tank
burst pressure for all commodities and specifications. Based on the
physical-chemical properties of the material (vapor pressure, static
head, and gas padding pressure of the product within the tank), this
notice also proposes to authorize a reduction in the start-to-discharge
pressure setting. This proposal is consistent with Section VIII, UG-
125, of the American Society of Mechanical Engineers Pressure Vessels
Code (ASME) and an exemption (DOT-E 11184) that authorizes the
transportation of certain flammable liquid products in DOT 105J300W
tank cars having a start-to-discharge pressure setting of 75 psig as
opposed to 225 psig. Further, because of costs associated with
modifying existing tank cars to conform to this proposed requirement
and because there is no apparent safety reason to require any
modification to existing tank cars, this NPRM proposes to allow the
continued use of tank cars having a start-to-discharge pressure set at
15 percent of burst.
In addition, this notice proposes that a tank car equipped with a
nonreclosing pressure relief device must have installed a rupture disc
designed to burst at 33 percent of the tank burst pressure within one
year after any final rule issued in this docket. For example, a DOT
111A100W2 tank car would have a rupture disc designed to burst at 165
psig within one year after any final rule issued in this docket. This
proposal is based on provisions in several exemptions (e.g., DOT-E
10118 and DOT-E 10354), several petitions for rulemaking, and the
number of rupture disc failures reported to RSPA's Hazardous Materials
Information System.
The location for pressure relief devices would be revised in
proposed paragraph (g) to allow for the mounting of pressure relief
valves on a hinged manway cover plate. The current regulations require
mounting a pressure relief valve on the tank dome, manway cover plate,
or on a nozzle on top of the tank shell. This notice proposes to
require a pressure relief device to communicate with the vapor space
above the lading.
Sections 179.100-15, 179.200-18, 179.201-7, and 179.220-19. These
sections contain provisions for safety relief devices. For consistency
with the proposed consolidation of safety relief device provisions in
Sec. 179.15, RSPA is proposing to remove these sections from the HMR.
Sections 179.101-1 and 179.201-1. RSPA proposes to revise
individual specification requirements for pressure tank cars and non-
pressure tank cars, respectively. The proposed revisions will correct
many typographical errors and remove several special references that
are no longer applicable. RSPA also proposes to add a new class ``DOT
120A'' specification tank car and a new ``DOT 111A60W6'' specification
tank car in the table based on two petitions for rulemaking [P-1044 and
P-1119] from AAR. Furthermore, RSPA proposes to remove certain entries
from the table since these provisions are currently found in the text
proceeding the table (see for example Secs. 179.200-11, 179.200-14, and
179.200-16).
Section 179.102-4. Paragraph (d), which specifies at least one
safety relief valve on a tank car tank used to transport vinyl
fluoride, inhibited, would be removed, consistent with the proposed
consolidation of safety relief device provisions in Sec. 179.15. In
[[Page 65497]]
addition, paragraphs (b) and (c) would be redesignated paragraphs (a)
and (b), paragraphs (e) through (k) would be redesignated paragraphs
(c) through (i), and reserved paragraph (l) would be removed.
Section 179.103-5. Based on the merits of a petition [P-1048]
submitted by AAR, paragraph (b)(2) would be revised to adopt
requirements for the attachment of unloading connections for bottom
outlets on pressure tank cars. This proposed revision would reflect
existing requirements for bottom outlets on non-pressure tank cars.
Section 179.200-7. In addition to the proposed revision of the
paragraph (b) table discussed previously, certain ASTM specifications
would be revised to remove references to outdated publications. The
entry for ASTM B 209-70, Alloy 6061 would be removed, as would
footnotes 4 and 5 associated with that entry. Footnote 2 following the
paragraph (d) table would be revised to reference Practice A of ASTM A
262-85, which is a definitive, rapid method of identifying, by simple
etching, those specimens free of susceptibility to intergranular
attack. This revision is based on a petition [P-1049] from AAR, and
also requests referencing this Footnote 2 in Sec. 179.201-4.
Section 179.200-14. The first sentence of paragraph (a) and the
first sentence of paragraph (b) would be revised to recognize the new
outage and filling limits for tank cars adopted in Docket HM-181.
Section 179.200-16. RSPA is proposing to revise the first sentence
in paragraph (d) to require an outage scale visible through the manway
opening when using a gaging device. This revision is based on the
proposed changes to Sec. 179.201-1.
Section 179.200-24. The reference to ``ASTM A 285C'' would be
revised to read ``ASTM A 516''.
Section 179.201-4. This section specifies material requirements for
fittings, tubes, castings, projections, and closures. Based on a
petition [P-1049] submitted by AAR, this section would be revised to
refer to Footnote 2 of Sec. 179.200-7(d) rather than the AAR
Specifications.
Section 179.221-1. RSPA is proposing to revise the class DOT 115A
specification table as noted in the discussion of Secs. 179.101-1 and
179.201-1.
Sections 179.222, 179.222-1, and 179.500-17. These sections would
be removed because identical provisions are contained elsewhere in the
HMR.
II. Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and therefore, was
not reviewed by the Office of Management and Budget. The rule is not
considered a significant rule under the Regulatory Policies and
Procedures of the Department of Transportation [44 FR 11034].
The economic impact of this proposed rule is expected to result in
only minimal costs to certain persons subject to the HMR and may result
in modest cost savings to a small number of persons subject to the HMR
and to the agency. Because of the minimal economic impact of this rule,
preparation of a regulatory impact analysis or a regulatory evaluation
is not warranted. This certification may be revised as a result of
public comment.
B. Executive Order 12612
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612
(``Federalism''). Federal law expressly preempts State, local, and
Indian tribe requirements applicable to the transportation of hazardous
material that cover certain subjects and are not substantively the same
as Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
(A) The designation, description, and classification of hazardous
material;
(B) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(C) The preparation, execution, and use of shipping documents
pertaining to hazardous material, and requirements respecting the
number, content, and placement of such documents;
(D) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(E) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous material.
If adopted as final, this rule would preempt State, local, or
Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' (see 49 CFR
107.202(d) as the Federal requirements.
Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a
regulation concerning any of the covered subjects, after November 16,
1990, DOT must determine and publish in the Federal Register the
effective date of Federal preemption. The effective date may not be
earlier than the 90th day following the date of issuance of the final
rule and not later than two years after the date of issuance. RSPA
requests comments on what the effective date of Federal Preemption
should be for the requirements in this proposed rule that concern
covered subjects.
C. Regulatory Flexibility Act
This proposed rule would respond to petitions for rulemaking. It is
intended to provide clarification of the regulations and relax certain
requirements. Therefore, I certify that this proposal will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. This certification is subject to modification as a
result of a review of comments received in response to this proposal.
D. Paperwork Reduction Act
There are no new information collection requirements in this
proposed rule.
E. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting and recordkeeping
requirements.
49 CFR Part 172
Hazardous materials transportation, Hazardous waste, Labels,
Markings, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
[[Page 65498]]
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I would be
amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for Part 171 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 171.7 [Amended]
2. In Sec. 171.7, in the table in paragraph (a)(3), the following
changes are made:
a. The following entries would be removed: ASTM A 53-69a, ASTM A
178-70, ASTM A 192-69, ASTM A 269-69, ASTM A 312-70a, ASTM B 161-70,
ASTM B 210-70, ASTM B 221-76, ASTM B 241-76.
b. For the entry ``ASTM A 20-81'', the reference ``20-81'' would be
revised to read ``A 20-94''.
c. For the entry ``ASTM A 240-82'', the reference ``240-82'' would
be revised to read ``240-94'', and the wording ``Fusion-Welded
Unfired'' would be removed.
d. For the entry ``ASTM A 262-68'', the reference ``262-68'' would
be revised to read ``262-93'', the word ``Recommended'' would be
removed and the word ``Standard'', added in its place and the word
``Austenitic'' would be added immediately before ``Stainless Steels''.
e. For the entry ``ASTM A 302-78'', the reference ``302-78'' would
be revised to read ``302-93''.
f. For the entry ``ASTM A 370-77'', the reference ``370-77'' would
be revised to read ``370-94'', the word ``Test'' would be added
immediately following the word ``Standard'' and the word ``Definition''
would be revised to read ``Definitions''.
g. For the entry ``ASTM A 515-69'', the reference ``515-69'' would
be revised to read ``515-92'', and the wording ``Carbon Steel Plates
for Pressure Vessels'' would be removed and the wording ``Standard
Specification for Pressure Vessel Plates, Carbon Steel'' would be added
in its place.
h. For the entry ``ASTM A 516-79b'', the reference ``516-79b''
would be revised to read ``516-90''.
i. For the entry ``ASTM A 537-80'', the reference ``537-80'' would
be revised to read ``537-91''.
j. For the entry ``ASTM B 162-69'', the reference ``162-69'' would
be revised to read ``162-93''.
k. For the entry ``ASTM B 209-69'', the reference ``209-69'' would
be revised to read ``209-93'' and the wording ``Aluminum Alloy'' would
be revised to read ``Aluminum and Aluminum-Alloy''.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
3. The authority citation for Part 172 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 172.101 [Amended]
4. In Sec. 172.101, in the Hazardous Materials Table, the following
changes would be made:
a. For the following entries, in Column (7), Special Provision
``B12,'' would be removed:
Acrolein, inhibited;
Bromine or Bromine solutions;
Bromine chloride;
Dinitrogen tetroxide, liquefied;
Formic acid;
Hydrocyanic acid, aqueous solutions or Hydrogen cyanide, aqueous
solutions with not more than 20 percent hydrogen cyanide;
Hydrocyanic acid, aqueous solutions with less than 5 percent hydrogen
cyanide;
Hydrofluoric acid, solution, with more than 60 percent strength;
Hydrofluoric acid, solution, with not more than 60 percent strength;
Hydrogen cyanide, stabilized with less than 3 percent water;
Hydrogen fluoride, anhydrous;
Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with
acids, water and not more than 5 percent peroxyacetic acid;
Hydrogen peroxide, aqueous solutions with more than 40 percent but not
more than 60 percent hydrogen peroxide (stabilized as necessary);
Hydrogen peroxide, aqueous solutions with not less than 20 percent but
not more than 40 percent hydrogen peroxide (stabilized as necessary);
Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions,
stabilized with more than 60 percent hydrogen peroxide;
Motor fuel anti-knock mixtures;
Nitric acid other than red fuming, with more than 70 percent nitric
acid;
Nitric acid other than red fuming, with not more than 70 percent nitric
acid;
Nitric oxide;
Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide and
nitrogen dioxide mixtures;
Perchloryl fluoride;
Phosphorus, amorphous;
Phosphorus, white dry or Phosphorus, white, under water or Phosphorus,
white, in solution or Phosphorus, yellow dry or Phosphorus, yellow,
under water or Phosphorus, yellow, in solution;
Phosphorous white, molten;
Potassium nitrate and sodium nitrite mixtures;
Sulfur trioxide, inhibited; and
Sulfur trioxide, uninhibited.
b. For the entries ``Carbon dioxide, solid or Dry ice'' and
``Potassium permanganate'', in Column (7), Special Provision ``B12''
would be removed.
c. For the entry ``Dimethylhydrazine, unsymmetrical'', in Column
(7), Special Provision ``B79,'' would be removed.
5. In Sec. 172.102, in paragraph (c)(3), Special Provisions B12 and
B79 would be removed and Special Provisions B42, B65, B71, B72, B74,
B76 and the first sentence of B78 would be revised to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(3) * * *
Code/Special Provisions
* * * * *
B42 Tank cars must have a test pressure of 34.47 Bar (500 psig)
or greater and conform to Class 105J. Each tank car must have a
safety relief device having a start-to-discharge pressure of 10.34
Bar (150 psig). The tank car specification may be marked to indicate
a test pressure of 13.79 Bar (200 psig).
* * * * *
B65 Tank cars must have a test pressure of 34.47 Bar (500 psig)
or greater and conform to Class 105J. Each tank car must have a
safety relief device having a start-to-discharge pressure of 15.51
Bar (225 psig). The tank car specification may be marked to indicate
a test pressure of 20.68 Bar (300 psig).
* * * * *
B71 Tank cars must have a test pressure of 20.68 Bar (300 psig)
or greater and conform to Class 105, 112, or 114.
B72 Tank cars must have a test pressure of 34.47 Bar (500 psig)
or greater and conform to Class 105J, 106, or 110.
B74 Tank cars must have a test pressure of 20.68 Bar (300 psig)
or greater and conform to Class 105S, 106, 110, 112J, or 114J.
B76 Tank cars must have a test pressure of 20.68 Bar (300 psig)
or greater and conform to Class 105S, 112J, or 114J. Each tank car
must have a safety relief device having a start-to-discharge
pressure of 10.34 Bar (150 psig). The tank car specification may be
marked to indicate a test pressure of 13.79 Bar (200 psig).
* * * * *
B78 Tank cars must have a test pressure of 4.14 Bar (60 psig)
or greater and conform to Class 103, 104, 105, 109, 111, 112, or
114. * * *
* * * * *
[[Page 65499]]
Sec. 172.102 [Amended]
6. In addition, in Sec. 172.102, in paragraph (c)(3), the following
changes would be made:
a. For Special Provision B4, the wording ``AAR 206 tank car tanks
and'' would be removed.
b. For Special Provision B5, the wording ``DOT 103 ALW, 111A60 ALW
tank car tanks and'' would be removed.
c. For Special Provision B10, the wording ``AAR 206 tank car
tanks,'' would be removed.
d. For Special Provision B57, the wording ``complying with
Sec. 179.221-1 of this subchapter and the outer shell must be stenciled
``CHLOROPRENE'' on both sides in letters not less than 102 mm (4
inches) high'' would be removed.
7. In Sec. 172.203, paragraphs (e)(2) and (g) would be revised to
read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(e) * * *
(2) The description on the shipping paper for a tank car containing
the residue of a hazardous material must include the phrase, ``RESIDUE:
LAST CONTAINED. . .'' before the basic description.
* * * * *
(g) Transportation by rail. (1) The shipping paper for a rail car,
freight container, transport vehicle, or portable tank that contains a
hazardous material must include the reporting mark and number of the
rail car, freight container, transport vehicle, or portable tank.
(2) The shipping paper for each DOT-113 tank car containing a
Division 2.1 material or its residue must contain an appropriate
notation, such as ``DOT 113'', and the statement ``Do not hump or cut
off car while in motion.''
(3) When shipments of elevated temperature materials are
transported under the exception permitted in Sec. 173.247(h)(3) of this
subchapter, the shipping paper must contain an appropriate notation,
such as ``Maximum operating speed 15 mph.''.
* * * * *
8. In Sec. 172.205, paragraph (f) would be revised to read as
follows:
Sec. 172.205 Hazardous waste manifest.
* * * * *
(f) Transportation by rail. Notwithstanding the requirements of
paragraphs (d) and (e) of this section, the following requirements
apply:
(1) When accepting hazardous waste from a non-rail transporter, the
initial rail transporter must:
(i) Sign and date the manifest acknowledging acceptance of the
hazardous waste;
(ii) Return a signed copy of the manifest to the non-rail
transporter;
(iii) Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any; or
(B) The designated facility, if the shipment is delivered to that
facility by rail; or
(C) The last rail transporter designated to handle the waste in the
United States; and
(iv) Retain one copy of the manifest and rail shipping paper in
accordance with 40 CFR 263.22.
(2) Rail transporters must ensure that a shipping paper containing
all the information required on the manifest (excluding the EPA
identification numbers, generator certification and signatures) and,
for exports, an EPA Acknowledgment of Consent accompanies the hazardous
waste at all times. Intermediate rail transporters are not required to
sign either the manifest or shipping paper.
(3) When delivering hazardous waste to the designated facility, a
rail transporter must:
(i) Obtain the date of delivery and handwritten signature of the
owner or operator of the designated facility on the manifest or the
shipping paper (if the manifest has not been received by the facility);
and
(ii) Retain a copy of the manifest or signed shipping paper in
accordance with 40 CFR 263.22.
(4) When delivering hazardous waste to a non-rail transporter a
rail transporter must:
(i) Obtain the date of delivery and the handwritten signature of
the next non-rail transporter on the manifest; and
(ii) Retain a copy of the manifest in accordance with 40 CFR
263.22.
(5) Before accepting hazardous waste from a rail transporter, a
non-rail transporter must sign and date the manifest and provide a copy
to the rail transporter.
* * * * *
9. In Sec. 172.330, paragraph (a)(1) would be revised to read as
follows:
Sec. 172.330 Tank cars and multi-unit tank car tanks.
(a) * * *
(1) In a tank car unless the following conditions are met:
(i) The tank car must be marked on each side and each end as
required by Sec. 172.302 with the identification number specified for
the material in the Sec. 172.101 Table; and
(ii) A tank car containing any of the following materials must be
marked on each side with the key words of the proper shipping name
specified for the material in the Sec. 172.101 Table, or with a common
name authorized for the material in this subchapter (e.g.,
``Refrigerant Gas''):
(A) Division 2.1 or Division 2.3 materials;
(B) Anhydrous ammonia or an ammonia solution with more than 50%
ammonia;
(C) A refrigerant or dispersant gas, as defined in Sec. 173.115 of
this subchapter;
(D) Bromine or bromine solutions;
(E) Chloroprene, inhibited;
(F) Hydrogen cyanide; or
(G) A Division 2.2 material in a Class DOT 107 tank car.
* * * * *
10. In Sec. 172.510, paragraph (a) would be revised, paragraphs (b)
and (c) would be removed, and paragraphs (d) and (e) would be
redesignated as paragraphs (b) and (c), respectively, to read as
follows:
Sec. 172.510 Special placarding provisions: Rail.
(a) White square background. The following must have the specified
placards placed on a white square background, as described in
Sec. 172.527:
(1) Division 1.1 and 1.2 (explosive) materials which require
EXPLOSIVES 1.1 or EXPLOSIVES 1.2 placards affixed to the rail car;
(2) Materials poisonous by inhalation in Hazard Zone A, including
tank cars containing only a residue of the material; and
(3) Class DOT 113 tank cars used to transport a Division 2.1
(flammable gas) material, including tank cars containing only a residue
of the material.
* * * * *
Sec. 172.526 [Removed and reserved]
11. Section 172.526 would be removed and reserved.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
12. The authority citation for Part 173 would continue to read as
follows:
Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.
13. In Sec. 173.24b, paragraph (a)(3) would be removed and
paragraph (a)(1) would be revised to read as follows:
Sec. 173.24b Additional general requirements for bulk packagings.
(a) Outage and filling limits. (1) Liquids and liquefied gases must
be so loaded that the outage is at least one percent (two percent for
anhydrous ammonia and five percent for materials poisonous by
inhalation) of the total capacity of a cargo tank, portable tank, tank
car (including dome capacity),
[[Page 65500]]
multi-unit tank car tank, or any compartment thereof, at the following
reference temperatures--
(i) 46 deg.C (115 deg.F) for noninsulated tanks;
(ii) 43 deg.C (110 deg.F) for tank cars having a thermal protection
system, incorporating a metal jacket, that provides an overall thermal
conductance at 15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules
per hour per square meter per degrees Celsius (0.5 Btu per hour/ per
square foot/ per degree F) temperature differential; or
(iii) 41 deg.C (105 deg.F) for insulated tanks.
* * * * *
Sec. 173.29 [Amended]
14. In Sec. 173.29, paragraph (f) would be removed and reserved.
15. In Sec. 173.314, as currently in effect, paragraph (b)(5) would
be removed, paragraph (b)(6) would be redesignated as paragraph (b)(5)
and revised, and paragraph (i) would be removed and reserved, to read
as follows:
Sec. 173.314 Requirements for compressed gases in tank car tanks.
* * * * *
(b) * * *
(5) Each tank car used for the transportation of a Division 2.1 or
2.3 material or anhydrous ammonia must have gaskets capable of
surviving temperatures at or above 230 deg.C (450 deg.F). The use of
sealants to install gaskets is prohibited.
* * * * *
Sec. 173.314 [Amended]
16. In addition, in Sec. 173.314, as amended at 60 FR 49074,
effective July 1, 1996, the following changes would be made:
a. In the paragraph (c) table, in Column 2, for the entry
``Ammonia, anhydrous, or ammonia solutions >50 percent ammonia'',
``Note 2'' would be removed and ``Note 3'' added in its place.
b. In paragraph (c), in Column 3, for the entry ``Dimethyl ether'',
the class designations ``112'' and ``114'' would be added in
appropriate numerical order.
c. In the notes following the paragraph (c) table, Note 2, would be
removed and reserved.
PART 174--CARRIAGE BY RAIL
17. The authority citation for Part 174 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
18. Section 174.3 would be revised to read as follows:
Sec. 174.3 Unacceptable hazardous materials shipments.
No person may accept for transportation or transport by rail any
shipment of hazardous material that is not in accordance with the
requirements of this subchapter.
Sec. 174.8 [Removed]
20. Section 174.8 would be removed.
21. Section 174.9 would be revised to read as follows:
Sec. 174.9 Inspection and acceptance.
At each location where a hazardous material is accepted for
transportation or placed in a train, the carrier shall externally
inspect each rail car containing the hazardous material, at ground
level, for required markings, labels, placards, securement of closures,
leakage, and for the requirements of part 215 of this title.
Sec. 174.10 [Removed]
22. Section 174.10 would be removed.
Sec. 174.11 [Removed]
23. Section 174.11 would be removed.
Sec. 174.18 [Removed]
24. Section 174.18 would be removed.
25. Section 174.24 would be revised to read as follows:
Sec. 174.24 Shipping papers.
A carrier may not accept or transport a hazardous material by rail
unless the material is properly described on a shipping paper in the
manner prescribed in part 172 of this subchapter. An originating
carrier must have a copy of the shipping paper that bears the shipper's
certification as required by Sec. 172.204 of this subchapter.
Sec. 174.25 [Removed]
26. Section 174.25 would be removed.
27. In Sec. 174.26, paragraph (a) would be removed, paragraphs (b)
and (c) would be redesignated as paragraphs (a) and (b), respectively,
and newly redesignated paragraph (b) would be revised to read as
follows:
Sec. 174.26 Notice to train crews of placarded cars.
* * * * *
(b) A member of the train crew of a train transporting a hazardous
material must have a copy of the shipping papers, train consist, or
other car movement document for the hazardous material being
transported showing the information required by part 172 of this
subchapter.
Sec. 174.45 [Removed]
28. Section 174.45 would be removed.
Secs. 174.47 through 174.49 [Removed]
29. Sections 174.47, 174.48 and 174.49 would be removed.
30. Section 174.50 would be revised to read as follows:
Sec. 174.50 Leaking packages.
Leaking packages other than tank cars may not be forwarded until
repaired, reconditioned, or overpacked in accordance with Sec. 173.3 of
this subchapter. Except as otherwise provided, a tank car that no
longer conforms to this subchapter may not be forwarded unless repaired
or approved, in writing, for movement by the Associate Administrator
for Safety, Federal Railroad Administration. For the applicable address
and telephone number, see part 107, appendix A, of this chapter. A
leaking tank car containing any hazardous material may be switched to a
location distant from habitation and highways if the move can be safely
made and, in the case of a liquid leak, if precautions are taken
against the spread of the liquid.
31. Section 174.55 would be revised to read as follows:
Sec. 174.55 General requirements.
(a) Except as otherwise provided, each packaging containing
hazardous materials being transported by rail must be secured within
the transport vehicle so that the packaging will not become damaged to
an extent that would affect its integrity under conditions normally
incident to rail transportation.
(b) Each package of hazardous materials bearing package orientation
markings prescribed in Sec. 172.312 of this subchapter must be secured
within the transport vehicle in accordance with the orientation
indicated by the markings.
(c) The doors of the transport vehicle may not be used as support
for the securement system or the package beyond their design strength
as required by the AAR's Manual of Standards and Recommended Practices,
Specification M-930 (for containers) and M-931 (for trailers).
Sec. 174.67 [Amended]
32. In Sec. 174.67, in paragraph (k), the wording ``, except that
heater coil inlet and outlet pipes must be left open for drainage''
would be removed.
Sec. 174.69 [Removed]
33. Section 174.69 would be removed.
34. Section 174.85 would be amended by revising paragraph (c) to
read as follows:
Sec. 174.85 Position in train of placarded cars, transport vehicles,
freight containers, and bulk packagings.
* * * * *
[[Page 65501]]
(c) A rail car containing the residue of a hazardous material must
be separated from a locomotive or occupied caboose by at least one non-
placarded rail car.
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
35. The authority citation for part 179 would continue to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
36. Section 179.12 would be revised to read as follows:
Sec. 179.12 Interior heater systems.
(a) Interior heater systems shall be of approved design and
materials. If a tank is divided into compartments, a separate system
shall be provided for each compartment.
(b) Each interior heater system shall be hydrostatically tested at
not less than 13.79 bar (200 psi) and shall hold the pressure for 10
minutes without leakage or evidence of distress.
Secs. 179.12-1 through 179.12-7 [Removed]
37. Sections 179.12-1 through 179.12-7 would be removed.
38. Section 179.15 would be added to read as follows:
Sec. 179.15 Pressure relief devices.
Except for DOT Class 106, 107, 110, and 113 tank cars, tanks must
have a pressure relief system that conforms to the following
requirements:
(a) Performance standard. Each tank must have a pressure relief
system having sufficient flow capacity to prevent pressure build-up in
the tank to no more than the flow rating pressure of the pressure
relief device in fire conditions as defined in Appendix A of the
Association of American Railroads Specifications for Tank Cars.
(b) Settings for pressure relief valves. (1) Except as provided in
paragraph (b)(2) of this section, a reclosing pressure relief valve
must have a minimum start-to-discharge pressure equal to the sum of the
lading vapor pressure at the reference temperature (46 deg.C (115
deg.F) for noninsulated tanks, 41 deg.C (105 deg.F) for insulated
tanks) plus the static head plus gas padding pressure. The start-to-
discharge pressure may not be lower than 5.17 Bar (75 psig) or exceed
33 percent of the minimum tank burst pressure.
(2) Tanks built prior to [one year after publication of final rule]
having a minimum tank burst pressure of 34.47 Bar (500 psig) or less
may be equipped with a reclosing pressure relief valve having a start-
to-discharge pressure of not less than 14.5 percent of the minimum tank
burst pressure but no more than 33 percent of the minimum tank burst
pressure.
(3) The vapor tight pressure of a reclosing pressure relief valve
must be at least 80 percent of the start-to-discharge pressure.
(4) The valve flow rating pressure must be 110 percent of the
start-to-discharge pressure for tanks having a minimum tank burst
pressure greater than 34.47 Bar (500 psig) and from 110 percent to 130
percent for tanks having a minimum tank burst pressure less than or
equal to 34.47 Bar (500 psig).
(5) The tolerance for a reclosing pressure relief valve is
3 psi for valves with a start-to-discharge pressure of
6.89 Bar (100 psig) or less and 3 percent for valves with
a start-to-discharge pressure greater than 6.89 Bar (100 psig).
(c) Flow capacity of pressure relief systems. The total flow
capacity of each reclosing and nonreclosing pressure relief device must
conform to Appendix A of the Association of American Railroads
Specifications for Tank Cars.
(d) Flow capacity tests. The manufacturer of any reclosing or
nonreclosing pressure relief device must design and test the device in
accordance with Appendix A of the Association of American Railroads
Specifications for Tank Cars.
(e) Combination pressure relief systems. (1) When a reclosing
pressure relief valve is used in combination with a breaking pin
device, the breaking pin must be designed to fail at the start-to-
discharge pressure specified in paragraph (b) of this section, and the
reclosing pressure relief valve must be designed to discharge at 95
percent of the start-to-discharge pressure.
(2) When a reclosing pressure relief valve is used in combination
with a rupture disc, the rupture disc must be designed to fail at the
start-to-discharge pressure specified in paragraph (b) of this section,
and the reclosing pressure relief valve must be designed to discharge
95 percent of the start-to-discharge pressure. A device must be
installed to detect any accumulation of pressure between the rupture
disc and the reclosing pressure relief valve. The detection device must
be a needle valve, trycock, or tell-tale indicator. The detection
device must be closed during transportation.
(f) Non-reclosing pressure relief device. In addition to paragraphs
(a), (c), and (d) of this section, a nonreclosing pressure relief
device must conform to the following requirements:
(1) After [one year after publication of final rule], a non-
reclosing pressure relief device must incorporate a rupture disc
designed to burst at 33 percent of the tank burst pressure.
(2) The approach channel and the discharge channel may not reduce
the required minimum flow capacity of the pressure relief device.
(3) The nonreclosing pressure relief device must be designed to
prevent interchange with other fittings installed on the tank car, must
have a structure that encloses and clamps the rupture disc in position
(preventing any distortion or damage to the rupture disc when properly
applied), and must have a cover, with suitable means of preventing
misplacement, designed to direct any discharge of the lading downward.
(4) The nonreclosing pressure relief device must be closed with a
rupture disc that is compatible with the lading and manufactured in
accordance with Appendix A of the AAR Specifications for Tank Cars.
(g) Location of relief devices. Each pressure relief device must
communicate with the vapor space above the lading on the longitudinal
center line as near as practicable to the center of the tank.
(h) Marking of pressure relief devices. Each pressure relief device
and rupture disc must be permanently marked in accordance with the
Appendix A of the Association of American Railroads Specifications for
Tank Cars.
39. In Sec. 179.100-7, the table following paragraph (a) would be
revised to read as follows:
Sec. 179.100-7 Materials.
(a) * * *
------------------------------------------------------------------------
Minimum
Minimum elongation in
tensile 2 inches
Specifications strength (percent)
(p.s.i.) welded
welded condition
condition (longitudinal)
-------------------------------------------------\1\--------------------
ASTM A 516................................ 70,000 20
AAR TC128, Gr. B.......................... 81,000 19
ASTM A 537, Class 1....................... 70,000 23
ASTM A 302, Gr. B......................... 80,000 20
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.
* * * * *
Sec. 179.100-7 [Amended]
40. In addition, in Sec. 179.100-7, the following changes would be
made:
a. In the table following paragraph (b), the last entry ``ASTM B
209-70, Alloy 6061 \4\'' would be removed, and the wording ``209-70''
would be revised to read ``209'' each place it appears.
b. In the footnotes to the paragraph (b) table, Footnotes 4 and 5
would be
[[Page 65502]]
removed and Footnote 6 would be redesignated as Footnote 4.
c. In the table following paragraph (c)(1), the wording ``A240-70''
would be revised to read ``A 240'' each place it appears.
d. In paragraph (c)(2) (i), the wording ``A262-68'' would be
revised to read ``A 262'', the word ``Recommended'' would be revised to
read ``Standard'', and the word ``Austenitic'' would be added
immediately before ``Stainless Steel''.
Sec. 179.100-10 [Amended]
41. In Sec. 179.100-10, in paragraph (c), the wording ``ASTM A240-
70'' would be revised to read ``ASTM A 240''.
Sec. 179.100-15 [Removed and reserved]
42. Section 179.100-15 would be removed and reserved.
Sec. 179.100-20 [Amended]
43. In Sec. 179.100-20, in the paragraph (a) table, for the entry
``Material'', in the second column, the wording ``ASTM A515-70'' would
be revised to read ``ASTM A 516''.
44. Section 179.101-1 would be revised to read as follows:
Sec. 179.101-1 Individual specification requirements.
In addition to Sec. 179.100, the individual specification
requirements are as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum
Bursting plate Test Manway Reference
DOT specification Insulation pressure thickness pressure cover Bottom outlet Bottom washout (179.***)
(psi) (inches) (psi) thickness
--------------------------------------------------------------------------------------------------------------------------------------------------------
105A100ALW.................... Yes.................. 500 \5/8\ 100 \2\ 2\1/2\ No............... No............... ...........
105A200ALW.................... Yes.................. 500 \5/8\ 200 \2\ 2\1/2\ No............... No............... ...........
105A300ALW.................... Yes.................. 750 \5/8\ 300 \2\ 2\5/8\ No...............
FR Doc. 95-30408 Transportation of Hazardous Materials By Rail; Miscellaneous Amendments
No............... ...........
105A100W...................... Yes.................. 500 \3\ \9/16\ 100 2\1/4\ No............... No............... ...........
105A200W...................... Yes.................. 500 \3\ \9/16\ 200 2\1/4\ No............... No............... ...........
105A300W...................... Yes.................. 750 \1\ \11/ 300 \7\ 2\1/4\ No............... No............... ...........
16\
105A400W...................... Yes.................. 1,000 \1\ \11/ 400 \7\ 2\1/4\ No............... No............... ...........
16\
105A500W...................... Yes.................. 1,250 \1\ \11/ 500 2\1/4\ No............... No............... 102-1, 102-
16\ 2
105A600W...................... Yes.................. 1,500 \1\ \11/ 600 2\1/4\ No............... No............... 102-4, 102-
16\ 17
109A100ALW.................... Optional............. 500 \5/8\ 100 \2\ 2\1/2\ No............... Optional......... ...........
109A200ALW.................... Optional............. 500 \5/8\ 200 \2\ 2\1/2\ No............... Optional......... ...........
109A300ALW.................... Optional............. 750 \5/8\ 300 \2\ 2\5/8\ No............... Optional......... ...........
109A300W...................... Optional............. 500 \1\ \11/ 300 2\1/4\ No............... Optional......... ...........
16\
112A200W...................... Optional\4\.......... 500 3, \5\ \9/ 200 2\1/4\ No............... No............... ...........
16\
112A340W...................... Optional\4\.......... 850 \1\ \11/ 340 2\1/4\ No............... No............... ...........
16\
112A400W...................... Optional\4\.......... 1,000 \1\ \11/ 400 2\1/4\ No............... No............... ...........
16\
112A500W...................... Optional\4\.......... 1,250 \1\ \11/ 500 2\1/4\ No............... No............... ...........
16\
114A340W...................... Optional\4\.......... 850 \1\ \11/ 340 ( \6\ ) Optional......... Optional......... 103
16\
114A400W...................... Optional\4\.......... 1,000 \1\ \11/ 400 ( \6\ ) Optional......... Optional......... 103
16\
120A200ALW.................... Yes.................. 500 \5/8\ 200 \2\ 2\1/2\ Optional......... Optional......... 103
120A100W...................... Yes.................. 500 \3\ \9/16\ 100 2\1/4\ Optional......... Optional......... 103
120A200W...................... Yes.................. 500 \3\ \9/16\ 200 2\1/4\ Optional......... Optional......... 103
120A300W...................... Yes.................. 750 \1\ \11/ 300 2\1/4\ Optional......... Optional......... 103
16\
120A400W...................... Yes.................. 1,000 \1\ \11/ 400 2\1/4\ Optional......... Optional......... 103
16\
120A500W...................... Yes.................. 1,250 \1\ \11/ 500 2\1/4\ Optional......... Optional......... 103
16\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ When steel of 65,000 to 81,000 p.s.i. minimum tensile strength is used, the thickness of plates shall be not less than \5/8\ inch, and when steel of
81,000 p.s.i. minimum tensile strength is used, the minimum thickness of plates shall be not less than \9/16\ inch.
\2\ When approved material other than aluminum alloys are used, the thickness shall be not less than 2\1/4\ inches.
\3\ When steel of 65,000 p.s.i. minimum tensile strength is used, minimum thickness of plates shall be not less than \1/2\ inch.
\4\ Tank cars not equipped with a thermal protection or an insulation system used for the transportation of a Class 2 (compressed gas) material must
have at least the upper two-thirds of the exterior of the tank, including manway nozzle and all appurtenances in contact with this area, finished with
a reflective coat of white paint.
\5\ For inside diameter of 87 inches or less, the thickness of plates shall be not less than \1/2\ inch.
\6\ See AAR specifications for tank cars, Appendix E, E4.01 and Sec. 179.103-2.
\7\ When the use of nickel is required by the lading, the thickness shall not be less than two inches.
Sec. 179.102-1 [Amended]
45. In Sec. 179.102-1, in paragraph (a)(1), the following changes
would be made:
a. In the first sentence, the wording ``A516-79b'' would be revised
to read ``A 516''.
b. At the end of the third sentence, the wording ``A370-77'' would
be revised to read ``A 370''.
c. In the last sentence, the wording ``A240-79'' would be revised
to read ``A 240''.
Sec. 179.102-2 [Amended]
46. In Sec. 179.102-2, in paragraph (a)(1), the wording ``A516-
70a'' would be revised to read ``A 516'' and the wording ``TC-128-70''
would be revised to read ``TC-128''.
Sec. 179.102-4 [Amended]
47. In Sec. 179.102-4, the following changes would be made:
a. Paragraph (d) would be removed.
b. Paragraphs (b) and (c) would be redesignated as paragraphs (a)
and (b), respectively.
c. Paragraphs (e) through (k) would be redesignated as paragraphs
(c) through (i), respectively.
d. Paragraph (l) would be removed.
48. In Sec. 179.103-5, in paragraph (a)(3), the word ``valve''
would be removed, and paragraph (b)(2) would be revised to read as
follows:
Sec. 179.103-5 Bottom outlets.
* * * * *
(b) * * *
(2) To provide for the attachment of unloading connections, the
discharge end of the bottom outlet nozzle or reducer, the valve body of
the exterior valve, or some fixed attachment thereto, shall be provided
with one of the following arrangements or an approved modification
thereof. (See appendix E. Fig. E17 of the AAR Specifications for Tank
Cars for illustrations of some of the possible arrangements.)
[[Page 65503]]
(i) A bolted flange closure arrangement including a minimum 1-inch
NPT pipe plug (see Fig. E17.1) or including an auxiliary valve with a
threaded closure.
(ii) A threaded cap closure arrangement including a minimum 1-inch
NPT pipe plug (see Fig. E17.2) or including an auxiliary valve with a
threaded closure.
(iii) A quick-coupling device using a threaded plug closure of at
least 1-inch NPT or having a threaded cap closure with a minimum 1-inch
NPT pipe plug (see Fig. E17.3 through E17.5). A minimum 1-inch
auxiliary test valve with a threaded closure may be substituted for the
1-inch pipe plug (see Fig E17.6). If the threaded cap closure does not
have a pipe plug or integral auxiliary test valve, a minimum 1-inch NPT
pipe plug shall be installed in the outlet nozzle above the closure
(see Fig. E17.7).
(iv) A two-piece quick-coupling device using a clamped dust cap
must include an in-line auxiliary valve, either integral with the
quick-coupling device or located between the primary bottom outlet
valve and the quick-coupling device. The quick-coupling device closure
dust cap or outlet nozzle shall be fitted with a minimum 1-inch NPT
closure (see Fig. E17.8 and E17.9).
* * * * *
49. Section 179.200-7 would be amended by revising the table
following paragraph (b) to read as follows:
Sec. 179.200-7 Materials.
* * * * *
(b) * * *
------------------------------------------------------------------------
Minimum Minimum
tensile elongation in
strength 2 inches
Specifications (p.s.i.) (percent) weld
welded metal
condition\1\ (longitudinal)
------------------------------------------------------------------------
ASTM A 515, Gr. 70........................ 70,000 20
ASTM A 516, Gr. 70........................ 70,000 20
AAR TC 128, Gr. B......................... 81,000 19
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.
* * * * *
Sec. 179.200-7 [Amended]
50. In addition, in Sec. 179.200-7, the following changes would be
made:
a. In the table following paragraph (c), the last entry ``ASTM B
209-70, Alloy 60614'' would be removed, and in the first column, for
each entry, the wording ``209-70'' would be revised to read ``209''.
b. In the paragraph (c) table, Footnotes 4 and 5 would be removed
and Footnote 6 would be redesignated as Footnote 4.
c. In the table following paragraph (d), in the first column, for
each entry, the wording ``240-70'' would be revised to read ``240''.
d. In Footnote 2 in the paragraph (d) table, the wording ``the
following procedures in ASTM Specification A 262-68 titled,
`Recommended Practices for Detecting Susceptibility to Intergranular
Attack in Stainless Steels,' and must exhibit corrosion rates not
exceeding the following:'' would be revised to read ``Practice A of
ASTM Specification A 262 titled, `Standard Practices for Detecting
Susceptibility to Intergranular Attack in Austenitic Stainless Steels.'
If the specimen does not pass Practice A, Practice B or C must be used
and the corrosion rates may not exceed the following:''.
e. In the table following paragraph (e), in the first column, the
wording ``162-69\2\'' would be revised to read ``162\2\''.
f. In the table following paragraph (f), in the first column, the
wording ``302-69a'' would be revised to read ``302''.
51. In Sec. 179.200-14, the first sentence of paragraph (a) and the
first sentence of paragraph (b) would be revised to read as follows:
Sec. 179.200-14 Expansion capacity.
(a) Tanks shall have expansion capacity as prescribed in this
subchapter. * * *
(b) For tank cars having an expansion dome, the expansion capacity
is the total capacity of the tank and dome combined. * * *
* * * * *
52. In Sec. 179.200-16, the first sentence in paragraph (d) would
be revised to read as follows:
Sec. 179.200-16 Gauging devices, top loading and unloading devices,
venting and air inlet devices.
* * * * *
(d) When using a gauging device, an outage scale visible through
the manway opening shall be provided. * * *
* * * * *
Sec. 179.200-18 [Removed]
53. Section 179.200-18 would be removed.
Sec. 179.200-24 [Amended]
54. In Sec. 179.200-24, in the paragraph (a) table, for the entry
``Material'' , in the second column, the wording ``ASTM A285 C'' would
be revised to read ``ASTM A 516''.
55. Section 179.201-1 would be revised to read as follows:
Sec. 179.201-1 Individual specification requirements.
In addition to Sec. 179.200, the individual specification
requirements are as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum
Bursting plate Test
DOT Specification \1\ Insulation pressure thickness pressure Bottom outlet Bottom washout References (179.201-***)
(psi) (inches) (psi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
103A-ALW..................... Optional............. 240 \1/2\ 60 No............... Optional......... .........................
103AW........................ Optional............. 240 179.201-2 60 No............... Optional......... .........................
103ALW....................... Optional............. 240 \1/2\ 60 Optional......... Optional......... 6(a).
103ANW....................... Optional............. 240 179.201-2 60 No............... Optional......... 6(d).
103BW........................ Optional............. 240 179.201-2 60 No............... No............... 6(b), 3.
103CW........................ Optional............. 240 179.201-2 60 No............... No............... 6(c), 4, 5.
103DW........................ Optional............. 240 179.201-2 60 Optional......... Optional......... 6(a), 6(c), 4, 5.
103EW........................ Optional............. 240 179.201-2 60 No............... Optional......... 6(c), 4, 5.
103W......................... Optional............. 240 179.201-2 60 Optional......... Optional......... 6(a).
104W......................... Yes.................. 240 179.201-2 60 Optional......... Optional......... 6(a).
111A60ALW1................... Optional............. 240 \1/2\ 60 Optional......... Optional......... 6(a).
111A60ALW2................... Optional............. 240 \1/2\ 60 No............... Optional......... .........................
111A60W1..................... Optional............. 240 \7/16\ 60 Optional......... Optional......... 6(a).
111A60W2..................... Optional............. 240 \7/16\ 60 No............... Optional......... .........................
111A60W5..................... Optional............. 240 \7/16\ 60 No............... No............... 3, 6(b).
[[Page 65504]]
111A60W6..................... Optional............. 240 \7/16\ 60 Optional......... Optional......... 4, 5, 6(a), 6(c).
111A60W7..................... Optional............. 240 \7/16\ 60 No............... No............... 4, 5, 6(a).
111A100ALW1.................. Optional............. 500 \5/8\ 100 Optional......... Optional......... 6(a).
111A100ALW2.................. Optional............. 500 \5/8\ 100 No............... Optional......... .........................
111A100W1.................... Optional............. 500 \7/16\ 100 Optional......... Optional......... 6(a).
111A100W2.................... Optional............. 500 \7/16\ 100 No............... Optional......... .........................
111A100W3.................... Yes.................. 500 \7/16\ 100 Optional......... Optional......... 6(a).
111A100W4.................... Yes (see 179.211-11). 500 \7/16\ 100 No............... No............... 6(a), 8, 10.
111A100W5.................... Optional............. 500 \7/16\ 100 No............... No............... 3.
111A100W6.................... Optional............. 500 \7/16\ 100 Optional......... Optional......... 4, 5, 6(a) and 6(b).
111A100W7.................... Optional............. 500 \7/16\ 100 No............... No............... 4, 5, 6(c).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Tanks marked ``ALW'' are constructed from aluminum alloy plate; ``AN'' nickel plate; ``CW,'' ``DW,'' ``EW,'' ``W6,'' and ``W7'' high alloy steel or
manganese-molybdenum steel plate; and those marked ``BW'' or ``W5'' must have an interior lining that conforms to Sec. 179.201-3.
Sec. 179.201-4 [Amended]
56. In Sec. 179.201-4, at the end of the paragraph, the wording
``AAR Specifications for Tank Cars, appendix M, M3.03(b) and M4.05(d)''
would be revised to read ``ASTM Specification A 262''.
Sec. 179.201-5 [Amended]
57. In Sec. 179.201-5, in paragraphs (a) and (b), the wording
``ASTM A240-70'' would be revised to read ``ASTM Specification A 240''
each place it appears.
Sec. 179.201-7 [Removed]
58. Section 179.201-7 would be removed.
Sec. 179.220-19 [Removed]
59. Section 179.220-19 would be removed.
60. Section 179.221-1 would be revised as follows:
Sec. 179.221-1 Individual specification requirements.
In addition to Sec. 179.220, the individual specification
requirements are as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum
Bursting plate Test
DOT Specification \1\ Insulation pressure thickness pressure Bottom outlet Bottom washout Reference (179.221-***)
(psi) (inches) (psi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
115A60W1..................... Yes.................. 240 \1/8\ 60 Optional......... Optional......... 1.
115A60ALW.................... Yes.................. 240 \3/16\ 60 Optional......... Optional.........
115A60W6..................... Yes.................. 240 \1/8\ 60 Optional......... Optional......... 1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Tanks converted to DOT-1A series from existing forge-welded specification, DOT-105A 300, 490, or 500 tanks, by modification using conversion details
complying with DOT-1-11A specification requirements, shall be stenciled by substituting the letter ``F'' for the letter ``W'' in the specification
designation.
Sec. 179.222 [Removed]
61. Section 179.222 would be removed.
Sec. 179.222-1 [Removed]
62. Section 179.222-1 would be removed.
Sec. 179.300-7 [Amended]
63. In Sec. 179.300-7, the following changes would be made:
a. In the table at the end of paragraph (a), the wording ``A 285-
69'' would be revised to read ``A 285'' each place it appears, and the
wording ``A 515-69'' would be revised to read ``A 515'' each place it
appears.
b. In the table at the end of paragraph (b), the wording ``285-69''
would be revised to read ``285''.
Sec. 179.500-17 [Amended]
64. In Sec. 179.500-17, paragraph (a)(7) would be removed.
Issued in Washington, DC on December 7, 1995 under authority
delegated in 49 CFR part 106, appendix A.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 95-30408 Filed 12-18-95; 8:45 am]
BILLING CODE 4910-60-P
Complete official Federal Register PDF
FR Doc. 95-30256 Standards of Performance for Municipal Waste Combustors
[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Page 65437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30256]
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 /
Proposed Rules
[[Page 65437]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 60
[AD-FRL-5327-1]
Standards of Performance for Municipal Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the ``Standards of Performance for
Municipal Waste Combustors'' (subpart Ea). These amendments are being
made to improve the clarity of subpart Ea and to make subpart Ea
consistent with subparts Eb and Cb. Because the amendments clarify
regulatory text and make subpart Ea consistent with subparts Eb and Cb,
the Agency does not anticipate receiving adverse comments. Consequently
the amendments are also being issued as a direct final rule in the
final rules section of this Federal Register. If no significant adverse
comments are received, no further action will be taken with respect to
this proposal and the direct final rule will become final on the date
provided in that action.
DATES: Comments. Comments must be received on or before January 18,
1996, unless a public hearing is requested by December 29, 1995. If a
hearing is requested, written comments must be received by February 2,
1996.
Public Hearing. Anyone requesting a public hearing must contact the
EPA no later than December 29, 1995. If a hearing is held, it will take
place on January 3, 1996, beginning at 10:00 a.m.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-89-08 (see docket section below), room M-
1500, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, D.C., 20460. The EPA requests that a separate copy also be
sent to the contact person listed below.
Public Hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina. Persons interested in attending the hearing or wishing
to present oral testimony should notify Ms. Donna Collins, U.S.
Environmental Protection Agency, Research Triangle Park, North
Carolina, 27711, telephone (919) 541-5578.
Docket. Docket Nos. A-89-08 and A-90-45, containing supporting
information, are available for public inspection and copying between
8:00 a.m. and 5:30 p.m., Monday through Friday, at the EPA's Air and
Radiation Docket and Information Center, Waterside Mall, room M-1500,
first floor, 401 M Street SW, Washington, D.C. 20460, or by calling
(202) 260-7548 or 260-7549. A reasonable fee may be charged for
copying.
FOR FURTHER INFORMATION CONTACT: Mr. Walter Stevenson at (919) 541-5264
or Fred Porter at (919) 541-5251, Combustion Group, Emission Standards
Division (MD-13), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION: If no significant, adverse comments are
timely received, no further activity is contemplated in relation to
this proposed rule and the direct final rule in the final rules section
of this Federal Register notice will automatically go into effect on
the date specified in this rule. If significant adverse comments are
timely received on any amendment, that amendment of the direct final
rule will be withdrawn and all public comments received on that
amendment will be addressed in a subsequent final rule based on the
relevant portions of this proposed rule. Because the Agency will not
institute a second comment period on this proposed rule, any parties
interested in commenting should do so during this comment period.
For further supplementary information, the detailed rationale, and
the rule amendments, see the information provided in the direct final
rule in the final rules section of this Federal Register.
Paperwork Reduction Act
The information collection requirements of the previously
promulgated NSPS were submitted to and approved by the Office of
Management and Budget (OMB). A copy of this Information Collection
Request (ICR) document (the ICR number is 1506.4, with an OMB approval
number 2060-0210) may be obtained from Sandy Farmer, Regulatory
Information Division (Code 2136), U.S. Environmental Protection Agency,
401 M Street, SW, Washington, DC 20460 or by calling (202) 260-2740.
Today's changes to the NSPS will have no significant impact on the
information collection burden estimates made previously. The burden
will be reduced slightly. Consequently, the ICR has not been revised.
Executive Order 12291 Review
The MWC NSPS promulgated on February 11, 1991 was considered a
``major rule'' under Executive Order 12291 and a regulatory impact
analysis (RIA) was prepared. The amendments issued today clarify the
rule and do not add any additional control requirements. The EPA
concludes these amendments would have a negligible impact on the
results of the RIA and the change is considered to be within the
flexibility of the analysis.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires the identification
of potentially adverse impacts of Federal regulations upon small
business entities. The Act specifically requires the completion of a
regulatory flexibility analysis in those instances where small business
impacts are possible. Because this rulemaking imposes no adverse
economic impacts, a regulatory flexibility analysis has not been
prepared.
List of Subjects in 40 CFR Part 60
Environmental protection, Air pollution control.
Dated: October 31, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-30256 Filed 12-18-95; 8:45 am]
BILLING CODE 6560-50-P
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.