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]

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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.

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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]

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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.

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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]

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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.

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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]

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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.

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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]

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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).

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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 

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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 

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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 

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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 

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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]

=======================================================================
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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

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