Federal Register proposed rules — 1996-05-13

issue-1996-05-13Federal Register proposed rules — 1996-05-13Proposed 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. 96-11965 Implementation of the Local Competition Provisions in the Telecommunications Act of 1996; Increase in Page Limits for Comments and Reply Comments on Proposed Rule
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22008-22010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11965]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[CC Docket No. 96-98, DA 96-700]

Implementation of the Local Competition Provisions in the 
Telecommunications Act of 1996; Increase in Page Limits for Comments 
and Reply Comments on Proposed Rule

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: On April 19, 1996, the Commission adopted and released a 
Notice of Proposed Rulemaking (NPRM) to implement provisions of the 
Telecommunications Act of 1996 that address local competition. In 
addition to seeking comment on substantive rules, the NPRM established 
a limit of seventy-five (75) pages for the initial round of comments 
and thirty-five (35) pages for reply comments. Exhibits, appendices, 
and affidavits of expert

[[Page 22009]]

witnesses are counted towards these page limits. In response to motions 
filed by GTE Service Corporation and the Consumer Federation of 
America, the Commission hereby increases the limit for initial comments 
from 75 to 120 pages and the limit for replies from 35 to 50 pages. In 
addition, the Commission expands the exclusion from these page limits 
to include any technical diagrams submitted by commenters in addition 
to the previously excluded documents. These modifications are intended 
to permit the development of the best possible record in light of the 
statutory deadline.

DATES: Comments on all sections of the NPRM other than Dialing Parity, 
Number Administration, Public Notice of Technical Changes, and Access 
to Rights of Way, must be submitted on or before May 16, 1996. Reply 
Comments must be filed on or before May 30, 1996. Comments on the 
remaining sections must be submitted on or before May 20, 1996. Reply 
comments for these sections must be submitted on or before June 3, 
1996.

ADDRESSES: Comments and reply comments should be sent to Office of the 
Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 
222, Washington, D.C. 20554, with a copy to Janice Myles of the Common 
Carrier Bureau, 1919 M Street, N.W., Room 544, Washington, D.C. 20554. 
A copy of Comments and Reply Comments on Dialing Parity, Number 
Administration, Public Notice of Technical Changes, and Access to 
Rights of Way should be submitted to Gloria Shambley of the Network 
Services Division, Common Carrier Bureau, 2000 M Street, N.W., 
Washington, D.C. 20554. Parties should also file one copy of any 
documents filed in this docket with the Commission's copy contractor, 
International Transcription Services, Inc., 2100 M Street, N.W., Suite 
140, Washington, D.C. 20037. Comments and reply comments will be 
available for public inspection during regular business hours in the 
FCC Reference Center, 1919 M Street, N.W., Room 239, Washington, D.C. 
20554. Parties are also asked to submit comments and reply comments on 
diskette. Such diskette submissions would be in addition to and not a 
substitute for the formal filing requirements addressed above. Parties 
submitting diskettes should submit them to Janice Myles of the Common 
Carrier Bureau, 1919 M Street, N.W., Room 544, Washington, D.C. 20554. 
In addition to filing comments with the Secretary, a copy of any 
comments on the information collections contained herein should be 
remitted to Dorothy Conway, Federal Communications Commission, Room 
234, 1919 M Street, N.W., Washington, D.C. 20554 or via the Internet to 
[email protected], and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 
725--17th Street, N.W., Washington, DC 20503 or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Kalpak Gude at (202) 418-1580, Common 
Carrier Bureau, Policy and Program Planning Division.

SUPPLEMENTARY INFORMATION:
Adopted: May 7, 1996
Released: May 7, 1996

    By the Chief, Common Carrier Bureau:
    1. On April 19, 1996, the Commission released a Notice of Proposed 
Rulemaking (Notice) in CC Docket No. 96-98 to implement the local 
competition provisions of the Telecommunications Act of 1996. 
Implementation of the Local Competition Provisions of the 
Telecommunications Act of 1996, Notice of Proposed Rulemaking, CC 
Docket No. 96-98, FCC 96-182, 61 FR 18311 (April 25, 1996). The NPRM 
provided that comments were to be no longer than seventy-five (75) 
pages and that reply comments were to be no longer than thirty-five 
(35) pages, including exhibits, appendices, and affidavits of expert 
witnesses. Empirical economic studies and copies of relevant state 
orders were not to be counted against these page limits. The NPRM 
required parties to file comments by May 16, 1996 and reply comments by 
May 30, 1996. The NPRM established separate comment and reply dates for 
issues regarding Dialing Parity, Number Administration, Notice of 
Technical Changes, and Access to Rights of Way. Nothing in this order 
alters or affects filing procedures regarding those issues.
    2. On May 1, 1996, GTE Service Corporation (GTE) and the Consumer 
Federation of America (CFA) filed motions for extension of time. GTE 
Motion for Extension of Time and for Waiver of Page Limits (filed May 
1, 1996); CFA Request for Extension of Time (filed May 1, 1996). GTE 
argued that, in light of the number of issues to be addressed, the 
inclusion of appendices in the page limits, the 35 page limit for 
replies, and the 14 day time period for replies, will preclude 
development of the most helpful and informative record. Among other 
things, GTE emphasized the difficulty of reviewing the record and 
filing reply comments within 14 days. GTE urged the Commission to 
modify the comment filing procedures to provide that: (1) Exhibits, 
appendices, and affidavits not be counted against the page limits; (2) 
the page limit for replies be 50 pages; and (3) the date for filing 
reply comments be increased from 14 to 21 days after the comment due 
date, i.e., June 6, 1996.
    3. CFA argued that this proceeding and the universal service 
proceeding are inextricably linked, and that the limited comment 
periods in this proceeding would have a disproportionate negative 
effect on the ability of public interest groups to file comments. 
Federal-State Joint Board on Universal Service, Notice of Proposed 
Rulemaking and Order Establishing Joint Board, CC Docket No. 96-45, FCC 
96-93, 61 FR 10499 (March 14, 1996). CFA argued that large 
telecommunications companies with substantial resources would have less 
difficulty participating in both proceedings, while public interest 
groups may be forced to either file comments which are less than 
complete or not file comments at all. CFA asserted that this would 
result in an incomplete record. CFA requested the Commission to extend 
the time to file comments until June 13, 1996 and the time for reply 
comments until July 3, 1996.
    4. In light of concerns expressed by the parties, and in the 
interest of building the best record possible under the existing 
circumstances, the page limitations are modified as follows: (1) 
Comments must be no longer than one hundred twenty (120) pages and 
reply comments no longer than fifty (50) pages; (2) in addition to 
empirical economic studies and copies of relevant state orders, 
technical diagrams will not count against these page limitations; and 
(3) an additional 4 copies of comments and reply comments must be sent 
to Janice Myles of the Common Carrier Bureau, 1919 M Street, NW., Room 
544, Washington, DC 20554. We decline to adopt GTE's request that 
exhibits, appendices and affidavits be excluded from the page limit 
since we believe that this could easily be tantamount to removing the 
page limitations altogether. In lieu of this, we are increasing the 
page limit for comments substantially, from 75 to 120 pages. We are 
also increasing the page limit for replies to 50 pages as requested by 
GTE.
    5. We deny the GTE and CFA requests for extension of the dates for 
filing comments and/or replies. Although the current pleading schedule 
is relatively compressed given the scope of the issues involved, we do 
not believe that we can extend the filing dates without compromising 
the Commission's ability to meet the implementation schedule mandated 
by Congress.

[[Page 22010]]

    6. In order to facilitate development of the best possible record 
within existing constraints, we stress the need for interested parties 
to present their positions fully in their initial comments. We 
emphasize that the purpose of reply comments is to permit parties to 
respond to the original comments. 47 CFR Sec. 1.415(c).
    7. Accordingly, it is ordered that the motion for extension of time 
and for waiver of page limits filed by GTE Service Corporation is 
granted to the extent indicated above and otherwise denied.
    8. It is further ordered that the request for extension of time 
filed by the Consumer Federation of America is denied.

Federal Communications Commission.
Regina M. Keeney,
Chief, Common Carrier Bureau.
[FR Doc. 96-11965 Filed 5-10-96; 8:45 am]
BILLING CODE 6712-01-P

Complete official Federal Register PDF

FR Doc. 96-11932 Proposed Amendment to Class E Airspace; Ames, IA
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21984-21985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11932]

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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 96-ACE-5]

Proposed Amendment to Class E Airspace; Ames, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to amend the Class E airspace area at 
Ames, Iowa. The development of a new Standard Instrument Approach 
Procedure (SIAP) based on the Global Positioning System (GPS) has made 
the proposal necessary. The intended effect of this proposal is to 
provide additional controlled airspace for aircraft executing the SIAP 
at the above listed airport.

DATES: Comments must be received on or before June 20, 1996.

ADDRESSES: Send comments on the proposal in triplicate to: Manager, 
Operations Branch, ACE-530, Federal Aviation Administration, Docket No. 
96-ACE-5, 601 East 12th Street, Kansas City, MO 64106.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel for the Central Region at the same address between 9:00 
a.m. and 3:00 p.m., Monday through Friday, except Federal holidays.
    An informal docket may also be examined during normal business 
hours in the office of the Manager, Operations Branch, Air Traffic 
Division, at the address listed above.

FOR FURTHER INFORMATION CONTACT:
Kathy Randolph, Air Traffic Division, Operations Branch, ACE-530C, 
Federal Aviation Administration, 601 East 12th Street, Kansas City, 
Missouri 64106; telephone number: (816) 426-3408.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments

[[Page 21985]]

are specifically invited on the overall regulatory, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 96-
ACE-5.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or before the closing date 
for comments will be considered before taking action on the proposed 
rule. The proposal contained in this notice may be changed in light of 
comments received. All comments submitted will be available for 
examination in the Rules Docket both before and after the closing date 
for comments. A report summarizing each substantive public contact with 
FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    Any person may obtain a copy of this Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 
800 Independence Avenue, SW, Washington, DC 20591, or by calling (202) 
267-3484. Communications must identify the notice number of this NPRM. 
Persons interested in being placed on a mailing list for future NPRMs 
should also request a copy of Advisory Circular No. 11-2A, which 
describes the procedures.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to provide additional controlled 
airspace for a new Instrument Flight Rules (IFR) procedure at the Ames 
Municipal Airport, Ames, Iowa. The additional airspace would segregate 
aircraft operating under VFR conditions from aircraft operating under 
IFR procedures. The area would be depicted on appropriate aeronautical 
charts thereby enabling pilots to circumnavigate the area or otherwise 
comply with IFR procedures. Class E airspace designations for airspace 
areas extending upward from 700 feet or more above the surface of the 
earth are published in paragraph 6005 of FAA Order 7400.9C, dated 
August 17, 1995, and effective September 16, 1995, which is 
incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document would be published subsequently in 
the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore, this proposed regulation (1) is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under DOT Regulatory Policies and Procedures (44 
FR 11034; February 26, 1979); and (3) does not warrant preparation of a 
Regulatory Evaluation as the anticipated impact is so minimal. Since 
this is a routine matter that will only affect air traffic procedures 
and air navigation, it is certified that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend part 71 of the Federal 
Aviation Regulations (14 CFR part 71) as follows:

PART 71--[AMENDED]

    1. The authority citation for part 71 continues to read as follows:

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

71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal 
Aviation Administration Order 7400.9C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, is amended as follows:

Paragraph 6005  Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE IA E5 Ames, IA [Revised]

Ames Municipal Airport, IA
    (lat. 41 deg.59'32'' N., long. 93 deg.37'18 W.)
Ames NDB
    (lat. 41 deg.59'42'' N., long. 93 deg.37'37'' W.)

    That airspace extending upward from 700 feet above the surface 
within a 6.6-mile radius of the Ames Municipal Airport, and within 
2.1 miles each side of the 197 deg. bearing from the Ames NDB 
extending from the 6.6-mile radius to 7.4 miles south of the 
airport, and within 2 miles each side of the 136 deg. bearing from 
the airport extending from the 6.6-mile radius to 10 miles southeast 
of the airport.
* * * * *
    Issued in Kansas City, MO, on April 9, 1996.
Christopher R. Blum,
Acting Manager, Air Traffic Division Central Region.
[FR Doc. 96-11932 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-13-M

Complete official Federal Register PDF

FR Doc. 96-11926 Notice and Recordkeeping for Subscription Digital Transmissions
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22003-22004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11926]

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[[Page 22004]]

LIBRARY OF CONGRESS

Copyright Office

37 CFR Chapter II

[Docket No. RM 96-3]

Notice and Recordkeeping for Subscription Digital Transmissions

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Copyright Office of the Library of Congress is requesting 
comments on the requirements by which copyright owners shall receive 
reasonable notice of the use of their works from subscription digital 
transmission services, and how records of such use shall be kept and 
made available to copyright owners. The regulations are required to be 
adopted by the Digital Performance Right in Sound Recordings Act of 
1995, and are intended to ensure proper payment to copyright owners.

DATES: Comments are due July 12, 1996. Reply comments are due August 
12, 1996.

ADDRESSES: An original and fifteen copies of the comments shall be 
delivered to: Office of General Counsel, The Copyright Office, LM-407, 
The Madison Building, 101 Independence Avenue SE., Washington, D.C., or 
mailed to: Marilyn J. Kretsinger, Acting General Counsel, Copyright GC/
I&R, P.O. Box 70400, Southwest Station, Washington, D.C. 20024.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General 
Counsel, or William J. Roberts, Senior Attorney, Copyright GC/I&R, P.O. 
Box 70400, Southwest Station, Washington, D.C. 20024. Telephone: (202) 
707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 1995, Congress enacted the Digital Performance Right 
in Sound Recordings Act of 1995. Pub. L. 104-39, 109 Stat. 337 (1995). 
Among other things, it created a new compulsory copyright license that 
is paid by nonexempt subscription digital transmission services to the 
copyright owners of sound recordings. 17 U.S.C. 114(f). Congress 
directed the Librarian of Congress to establish regulations by which 
the entities availing themselves of this new license would keep records 
of their use, make the records available to the copyright owners, and 
give notice to the copyright owners of the use of their works.

The Sec. 114 License for Nonexempt Subscription Digital Transmissions 
Services

    The Digital Performance Right in Sound Recordings Act gave to 
copyright owners of sound recordings an exclusive right to perform 
their works by means of a digital audio transmission. Certain digital 
transmissions were exempted from the scope of this right, 17 U.S.C. 
114(d)(1), while certain subscription digital transmission services 
were given the opportunity to qualify for a compulsory license. 17 
U.S.C. 114(d)(2).
    A nonexempt subscription digital transmission qualifies for a 
compulsory license if the transmission is not part of an interactive 
service, does not exceed the sound recording performance complement, 
does not give an advance program schedule or prior announcements of the 
titles to be performed, does not automatically cause the receiving 
device to switch automatically from one program channel to another, and 
includes, if the copyright owner wants it, encoded information that 
identifies the title, the featured artist, and related information. 17 
U.S.C. 114(d)(2).
    If a service offering subscription digital transmissions qualifies 
for the compulsory license, it has the choice of reaching a voluntary 
agreement with the owners of the sound recordings it wishes to use, or, 
failing that, it may petition the Librarian of Congress to convene a 
copyright arbitration royalty panel (CARP) to set the rates and terms 
of the compulsory license. 17 U.S.C. 114(f). The terms and rates set by 
a CARP will be applicable to all subscription digital transmission 
services not subject to a voluntary agreement. However, the above 
mentioned requirements for notice and recordkeeping are to be set by 
the Librarian, not the CARP. 17 U.S.C. 114(f)(2).
    On December 1, 1995, the Copyright Office and the Library of 
Congress initiated the six month period for negotiating the rates and 
terms for a compulsory license for subscription digital transmission 
services. 60 FR 61655 (Dec. 1, 1995). The period will run until June 1, 
1996, after which the parties have 60 days to petition the Librarian to 
convene a CARP to set the rates and terms for those entities who have 
not reached voluntary agreements.
    In the meantime, any person who wishes to perform a sound recording 
publicly by means of a nonexempt subscription transmission may do so 
without infringing the rights of the copyright owner of the sound 
recording by complying with the notice requirements set by the 
Librarian of Congress and agreeing to pay the royalty fees as they are 
determined. 17 U.S.C. 114(f)(5).
    This notice requirement, however, is an affirmative duty placed on 
the digital transmission subscription services to provide reasonable 
notice to the copyright owners of the use of their sound recordings. 17 
U.S.C. 114(f)(2). Therefore, it is important for the Copyright Office 
and the Library of Congress to begin this rulemaking to establish the 
notice and recordkeeping requirements so that persons wishing to abide 
by section 114(f)(5) may do so.
    Although we do not propose any specific regulatory language, 
commentators should consider both the adequacy of the notice to the 
copyright owners of the sound recordings and the administrative burdens 
placed on the digital transmission services in providing notice and 
maintaining records of use.

    Dated: May 3, 1996.

    Recommended by:
Marybeth Peters,
Register of Copyrights.

    Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 96-11926 Filed 5-10-96; 8:45 am]
BILLING CODE 1410-30-P

Complete official Federal Register PDF

FR Doc. 96-11905 Drawbridge Operation Regulations New Rochelle Harbor, NY
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22002-22003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11905]

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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD01-95-002]
RIN 2115-AE47

Drawbridge Operation Regulations New Rochelle Harbor, NY

AGENCY: Coast Guard DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the regulations 
governing the Glen Island Bridge, mile 0.8, across New Rochelle Harbor 
in New Rochelle, New York. The proposal would require two hours advance 
notice for openings between the hours of 12 midnight and 6 a.m. from 
May 1st through October 31st, and twenty-four hours advance notice 
between the hours of 8 p.m. and 8 a.m. from November 1st through April 
30th.
    This change was requested by the Westchester County Department of 
Parks because of the few requests for bridge openings during these time 
periods. This action should relieve the bridge owner of the burden of 
having personnel constantly available to open the bridge and should 
provide for the reasonable needs of navigation.

DATES: Comments must be received on or before July 12, 1996.

ADDRESSES: Comments should be mailed to Commander (obr), First Coast 
Guard District, Building 135A, Governors Island, New York, 10004-5073, 
or may be hand-delivered to the same address between 6:30 a.m. and 3 
p.m., Monday through Friday, except federal holidays. The telephone 
number is (212) 668-7170. The comments will become part of this docket 
and will be available for inspection and copying by appointment at the 
above address.

FOR FURTHER INFORMATION CONTACT:
Gary Kassof, Bridge Program Manager, First Coast Guard District, (212) 
668-7069.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their name and 
address, identify this rulemaking (CGD1 95-002), the specific section 
of this proposal to which each comment applies, and give reasons for 
each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format no larger than 8\1/2\'' 
by 11'', suitable for copying and electronic filing. If that is not 
practical, a second copy of any bound material is requested. Persons 
desiring acknowledgment that their comments have been received are to 
enclose a stamped, self-addressed post card or envelope.
    The Coast Guard will consider all comments received during the 
comment period, and may change this proposal in light of comments 
received. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to Commander (obr), First Coast Guard 
District at the address listed under ADDRESSES. The request should 
include reasons why a hearing would be beneficial. If the Coast Guard 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The Glen Island Bridge has vertical clearances when in the closed 
position of 13 feet above mean high water (MHW) and 20 feet above mean 
low water (MLW). The bridge is presently required to open on signal. 
The proposed regulations would provide openings on signal with two 
hours advance notice between the hours of 12 midnight and 6 a.m. from 
May through October, and with twenty-four hours

[[Page 22003]]

advance notice between the hours of 8 p.m. and 8 a.m. from November 
through April
    On January 27, 1995, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulations; New Rochelle 
Harbor, NY'' in the Federal Register (60 FR 5343), proposing a change 
in the operating regulations by permitting the bridge to remain closed 
from 1 May through 31 October between 12 midnight and 8 a.m. and from 1 
November through 30 April between 8 p.m. and 8 a.m. The Commander, 
First Coast Guard District also circulated this proposal for comment 
via Public Notice 1-846 dated April 18, 1995. The Coast Guard received 
ninety-eight comments expressing opposition to the proposal. The major 
objection was the fact that vessels requiring passage during the 
nighttime closed periods would be forced to use the alternate, New 
Rochelle Harbor South (back) Channel, which is considered dangerous for 
nighttime passage due to the shallowness and narrowness of the channel 
and the lack of lighted aids to navigation. No public hearing was 
requested and none was held. Based on the concerns expressed by the 
marine public, the Westchester County Department of Parks revised its 
request to modify the drawbridge operating regulations.
    These proposed regulations will provide the bridge owner relief 
from having an operator in constant attendance at the bridge during 
periods of limited opening demand, while accommodating the navigational 
needs of the marine community.

Discussion of Proposed Amendments

    The Coast Guard proposes to amend 33 CFR 117 by adding section 
117.802 to require two hours advance notice for bridge openings between 
the hours of 12 midnight and 6 a.m. from May through October and 
twenty-four hours advance notice between the hours of 8 p.m. and 8 a.m. 
from November through April.
    The Coast Guard also proposes that bridge owners install and 
maintain clearance gauges with figures not less than twelve inches high 
on the upstream and downstream sides of the bridge.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
final rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. The proposed regulations will not prevent mariners from 
passing through the Glen Island Bridge but just require giving two 
hours advance notice of arrival between 12 midnight and 6 a.m. from May 
through October and twenty-four hours between 8 p.m. and 8 a.m. from 
November through April. This notice requirement will have minimal 
economic impact considering the low frequency of openings for 
navigation and the inactivity of the local marinas, yacht clubs and 
boat yards located up and downstream of the bridge during the regulated 
periods. There will be no impact on vehicular traffic that uses this 
bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Because of the reasons discussed in 
the Regulatory Evaluation above, the Coast Guard finds that the rule 
will not have a significant economic impact on a substantial number of 
small entitles. If, however, you think that your business or 
organization qualifies as a small entity and that this rule will have a 
significant economic impact on your business or organization, please 
submit a comment (see ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this rule will economically affect 
it.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposed regulation does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2.e(32)(e) of 
commandant Instruction M16475.1B, this proposal is categorically 
excluded from further environmental documentation since it is a 
proposed promulgation of a drawbridge operating regulation.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 449; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.802 is added to read as follows:

Sec. 117.802  New Rochelle Harbor.

    (a) The draw of the Glen Island Bridge, mile 0.8, at new Rochelle, 
New York, shall open on signal, except as follows:
    (1) two hours advance notice shall be given for openings from 12 
midnight to 6 a.m. from May 1st through October 31st.
    (2) twenty-four hours advance notice shall be given for openings 
from 8 p.m. to 8 a.m. from November 1st through April 30th.
    (b) The owner of the bridge shall provide and keep in good legible 
condition clearance gauges with figures not less than 12 inches high 
designed, installed, and maintained according to the provisions of 
section 118.180.

    Dated: April 30, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11905 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M

Complete official Federal Register PDF

FR Doc. 96-11904 Special Local Regulation: Searsport Lobster Boat Races, Searsport, ME
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22001-22002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11904]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD01-96-022]
RIN 2115-AE46

Special Local Regulation: Searsport Lobster Boat Races, 
Searsport, ME

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposed to establish a permanent special 
local regulation for the Searsport Lobster Boat Races. The event will 
be held from 8 a.m. to 2 p.m. on August 24, 1996, and each year 
thereafter on a date and times published in a Federal Register notice. 
This regulation is needed to protect the boating public from the 
hazards associated with high speed powerboat racing in confined waters.

DATES: Comments must be received on or before June 27, 1996.

ADDRESSES: Comments should be mailed to Commander (b), First Coast 
Guard District, Captain John Foster Williams Federal Building, 408 
Atlantic Ave., Boston, MA 02110-3350, or may be hand delivered to Room 
428 at the same address, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. Comments will become part of this 
docket and will be available for inspection or copying at the above 
address.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Benjamin M. 
Algeo, Chief, Boating Affairs Branch, First Coast Guard District, (617) 
223-8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. Each 
person submitting comments should include their name and address, 
identify this notice (CGD01-96-022), the specific section of the 
proposal to which each comment applies, and give the reason for each 
comment. Comments and attachments should be submitted on 8\1/2\''  x  
11'' unbound paper in a format suitable for copying and electronic 
filing. If that is not practical, a second copy of any bound material 
is requested. Persons requesting acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope. All 
comments received during the comment period will be considered by the 
Coast Guard and may change this proposal.
    The Coast Guard has no plans to hold a public hearing. Persons may 
request a public hearing by writing to Commander (b), First Coast Guard 
District at the address under ADDRESSES. The request should include 
reasons why a hearing would be beneficial. If the Coast Guard 
determines that oral presentations will aid this rulemaking, it will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Discussion of Proposed Amendments

    The Searsport Lobster Boat Races is a local, traditional event that 
has been held for many years in Searsport Harbor, ME. In the past, the 
Coast Guard has promulgated individual regulations for each year's 
race. Given the recurring nature of the event, the Coast Guard desires 
to establish a permanent regulation. The proposed regulation would 
establish a regulated area on Searsport harbor and would provide 
specific guidance to control vessel movement during the race.
    The event includes 50 or more participants with 4 to 8 boats per 
class racing in heats around a \3/4\ mile marked course. The event 
typically attracts approximately 100 spectator craft. The Coast Guard 
will assign a patrol to the event, but due to the speed, large wakes, 
and proximity of the participating vessels, it is necessary to 
establish a special local regulation to control spectator and 
commercial vessel movement within this confined area. Spectator craft 
are authorized to watch the race from any area as long as they remain 
outside the designated regulated area.
    The proposed section will be effective from 8 a.m. to 2 p.m. on 
August 24, 1996, and each year thereafter as published in a Federal 
Register notice. If the race is canceled due to weather, this section 
will be effective on the day following the effective date. In emergency 
situations, provisions may be made to establish safe escort by a Coast 
Guard or Coast Guard designated vessel for vessels requiring transit 
through the regulated area.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact to be 
so minimal that a full Regulatory Evaluation, under paragraph 10e of 
the regulatory policies and procedures of DOT, is unnecessary. This 
conclusion is based on the limited duration of the race, the extensive 
advisories that will be made to the affected maritime community, and 
the minimal restrictions which the regulation places on vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For the reasons discussed in the Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have 
a significant economic impact on a substantial number of small 
entities. If, however, you think that your business or organization 
qualifies as a small entity and that this rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this rule will economically affect it.

[[Page 22002]]

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impacts of this 
proposal and concluded that, under paragraph 2.B.2.e.34(h) of DOMDTINST 
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this proposal is 
a special local regulation issued in conjunction with a regatta or 
marine parade and is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:
    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A permanent section, 100.118, is added to read as follows:

Sec. 100.118  Searsport Lobster Boat Races, Searsport Harbor, ME.

    (a) Regulated Area. The regulated area includes all waters of 
Searsport Harbor, ME, within the following points (NAD 83):

Latitude                           Longitude                            
44 deg.26'51'' N                   068 deg.54'20'' W                    
44 deg.27'03'' N                   068 deg.54'20'' W                    
44 deg.27'03'' N                   068 deg.55'17'' W                    
44 deg.26'51'' N                   068 deg.55'17'' W                    
                                                                        

    (b) Special Local Regulations.
    (1) The Coast Guard patrol commander may delay, modify, or cancel 
the race as conditions or circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized 
by the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol commander. On-scene patrol personnel 
may include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary may also be present to inform vessel 
operators of this regulation and other application laws.
    (c) Effective period. This section is in effect form 8 a.m. to 2 
p.m. on August 24, 1996, and each year thereafter on a date and times 
published in a Federal Register notice. If the event is canceled due to 
weather, this section is effective the following day.

    Dated: May 1, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11904 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M

Complete official Federal Register PDF

FR Doc. 96-11902 Special Local Regulation: Newport-Bermuda Regatta, Narragansett Bay, Newport, RI
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21999-22001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11902]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 100

[CGD01-96-025]
RIN 2115-AE 46

Special Local Regulation: Newport-Bermuda Regatta, Narragansett 
Bay, Newport, RI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a permanent special 
local regulation for the Newport-Bermuda Regatta. The event will be 
held on June 21, 1996, and biennially thereafter on even numbered years 
on the third Friday in June. The regatta begins in the approach to 
Newport Harbor, Newport, RI, in the East Passage of Narragansett Bay, 
continuing offshore to Bermuda, U.K. This regulation is needed to 
control vessel movement in the confined waters of the regatta start 
area.

DATES: Comments must be received on or before June 12, 1996.

ADDRESSES: Comments should be mailed to Commander (b), First Coast 
Guard District, Captain John Foster Williams Federal Building, 408 
Atlantic Ave., Boston, MA 02110-3350, or may be hand delivered to Room 
428 at the same address, between 8 a.m. and 4 p.m., Monday through 
Friday, except federal holidays. Comments will become part of this 
docket and will be available for inspection or copying at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin. M. Algeo, Chief, Boating Affairs 
Branch, First Coast Guard District, (617) 223-8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. Each 
person submitting comments should include their name and address, 
identify this notice (CGD01-96-025), the specific section of the 
proposal to which each comment applies, and give the reason for each 
comment. Comments and attachments should be submitted on

[[Page 22000]]

8\1/2\''  x  11'' unbound paper in a format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons requesting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope. 
All comments received during the comment period will be considered by 
the Coast Guard and may change this proposal.
    The Coast Guard has no plans to hold a public hearing. Persons may 
request a public hearing by writing to Commander (b), First Coast Guard 
District at the address under ADDRESSES. The request should include 
reasons why a hearing would be beneficial. If the Coast Guard 
determines that oral presentations will aid this rulemaking, it will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.
    Good cause exists to provide for a comment period less than 45 
days. Due to the need to provide public notice and establish 
regulations for this year's event, a longer comment period is 
impracticable and contrary to the public interest.

Discussion of Proposed Amendments

    The 1996 Newport-Bermuda Regatta is the fortieth running of the 
event. In the past, the Coast Guard has promulgated individual 
regulations for each year's race. Given the recurring nature of the 
event, the Coast Guard desires to establish a permanent regulation. The 
proposed regulation would establish a regulated area on Narragansett 
Bay, in the East Passage, and would provide specific guidance to 
control vessel movement during the race.
    This event includes up to 120 ocean going sailboats racing from the 
approach to the entrance of Newport Harbor, Newport, RI, to Bermuda, 
U.K. The event typically attracts approximately 150-200 spectator 
craft. The Coast Guard will assign a patrol to the event, and the race 
course starting area will be marked. However, due to the large number 
of participants and anticipated spectator craft, it is necessary to 
establish a special local regulation to control spectator and 
commercial vessel movement within the confined starting area. Spectator 
craft are authorized to watch the race from any area as long as they 
remain outside the designated regulated area.
    The proposed section will be effective biennially on even numbered 
years on the third Friday in June. In emergency situations, provisions 
may be made to establish safe escort by a Coast Guard or Coast Guard 
designated vessel for vessels requiring transit through the regulated 
area.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact to be 
so minimal that a full Regulatory Evaluation, under paragraph 10e of 
the regulatory policies and procedures of DOT, in unnecessary. This 
conclusion is based on the limited duration of the race, the extensive 
advisories that will be made to the affected maritime community, and 
the minimal restrictions which the regulation places on vessel traffic.

Small Entities

    Under the Regulatory flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    For the reasons discussed in the Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal will not have 
a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impacts of this 
proposal and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST 
16475.1B, (as revised by 61 FR 13563, March 27, 1996) this proposal is 
a special local regulation issued in conjunction with a regatta or 
marine parade and is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:
    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A permanent section, 100.119, is added to read as follows:

Sec. 100.119 Newport  Bermuda Regatta, Narragansett Bay, Newport, RI.

    (a) Regulated Area. The regulated area includes all waters of 
Narragansett Bay, Newport, RI, within the following points (NAD 83):

Latitude                             Longitude                          
41 deg.27'51'' N                     071 deg.22'14'' W                  
41 deg.27'24'' N                     071 deg.21'57'' W                  
41 deg.27'09'' N                     071 deg.22'39'' W                  
41 deg.27'36'' N                     072 deg.22'55'' W                  
                                                                        

In the event that weather conditions prohibit a safe race start within 
the approach to Newport Harbor, the race will begin offshore and the 
following regulated area applies (NAD 83)

Latitude                             Longitude                          
41 deg.26'04'' N                     071 deg.22'16'' W                  
41 deg.25'36'' N                     071 deg.21'58'' W                  
41 deg.25'45'' N                     071 deg.22'40'' W                  
41 deg.25'49'' N                     071 deg.22.56'' W                  
                                                                        

    (b) Special Local Regulations.
    (1) The Coast Guard patrol commander may delay, modify, or cancel 
the race as considerations or circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participation in the event or unless authorized 
by the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard on-scene patrol

[[Page 22001]]

commander. On scene patrol personnel may included commissioned, 
warrant, and petty officers of the U.S. Coast Guard. Upon hearing five 
or more short blasts from a U.S. Coast Guard vessel, the operator of a 
vessel shall proceed as directed. Members of the Coast Guard Auxiliary 
may also be present to inform vessel operators of this regulation and 
other applicable laws.
    (c) Effective period. This section is in effect on June 21, 1996, 
from 10:00 a.m. to 3:30 p.m., and biennially thereafter on even 
numbered years on the third Friday in June.

    Dated: April 30, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11902 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M

Complete official Federal Register PDF

FR Doc. 96-11881 Airworthiness Directives; Gates Learjet Model 35 and 36 Series Airplanes Modified by Raisbeck STC SA766NW
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21982-21984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11881]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-NM-63-AD]
RIN 2120-AA64

Airworthiness Directives; Gates Learjet Model 35 and 36 Series 
Airplanes Modified by Raisbeck STC SA766NW

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 Gates Learjet Model 35 and 
36 series airplanes that have been modified in accordance with Raisbeck 
Supplemental Type Certificate (STC) SA766NW. This proposal would 
require a reduction of the maximum operating limit speed on the 
affected airplanes to prevent encountering certain potentially 
hazardous conditions. This proposal is prompted by reports of incidents 
of aileron buffet or buzz experienced during high speed cruise. The 
actions specified by the proposed AD are intended to prevent aileron 
buffet or buzz conditions, which can result in the deterioration of the 
aircraft lateral control system characteristics to an unacceptable 
level.

DATES: Comments must be received by June 24, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-63-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.
    Information concerning the subject of this rulemaking action may be 
obtained from Jet Air Corporation, P.O. Box 245, Bellevue, Washington 
98009. Information concerning this rulemaking action may be examined at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Stan Wood, Aerospace Engineer, 
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 
1601 Lind Avenue, SW., Renton, Washington; telephone (206) 227-2772; 
fax (206) 227-1181.

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 96-NM-63-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. 96-NM-63-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On July 23, 1985, the FAA issued AD 85-16-04, amendment 39-5110 (50 
FR 30803, July 30, 1985), which is applicable to certain Gates Learjet 
Model 35 and 36 series airplanes that have been modified in accordance 
with Raisbeck Supplemental Type Certificate (STC) SA766NW. That AD 
requires the accomplishment of one of two optional actions, both of 
which are intended to prevent the airplane from encountering the 
potentially hazardous condition of aileron buffet or buzz:
    1. One optional action requires operators to reduce permanently the 
maximum operating Mach limit (MMO) of these airplanes from .83 to 
.80. This action includes resetting the Mach

[[Page 21983]]

overspeed warning switch; recalibrating the airspeed indicator; and 
changing the FAA-approved Airplane Flight Manual (AFM) Supplement to 
reflect the new Mach limit.
    2. The other optional action requires operators to remove the 
Raisbeck STC modifications and to return the airplane either to its 
original configuration or to the Gates Learjet ``Softflight'' 
configuration.
    AD 85-16-04 was prompted by several reports of incidents in which 
Learjet Model 35 and 36 series airplanes modified with the Raisbeck STC 
experienced aileron buffet or buzz during cruise. These incidents of 
aileron instability occurred on airplanes operating at high gross 
weights when they were flying above 42,000 feet at Mach .80 to .83. 
Aileron buffet or buzz, if it is of a certain severity, can result in 
an unacceptable deterioration in the lateral control characteristics of 
the airplane.

Actions Subsequent to the Issuance of AD 85-16-04

    When AD 85-16-04 was issued, its applicability included only 
certain modified airplanes, which were identified by specific serial 
numbers. However, since the issuance of that AD, the FAA has received a 
report that at least one additional airplane, that was not included in 
the applicability of the AD, has been modified in accordance with the 
subject Raisbeck STC. (The STC installed on this particular airplane 
was performed at a non-U.S. repair station.) In light of this, that 
airplane may be subject to the same unsafe condition addressed by AD 
85-16-04.
    Further, since the Raisbeck STC could be installed on Model 35 or 
36 series airplanes anywhere in the world, the FAA may not be 
immediately aware of it. Therefore, the FAA has determined that any of 
these airplanes on which the Raisbeck STC is installed could be subject 
to that same unsafe condition.

Description of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop on other products of this same type design, the 
proposed AD would require the accomplishment of one of two optional 
actions, both of which are intended to prevent the airplane from 
encountering the potentially hazardous condition of aileron buffet or 
buzz:
    1. Permanently reducing the maximum operating MMO from .83 to 
.80; resetting the Mach overspeed warning switch; recalibrating the 
airspeed indicator; and changing the FAA-approved Airplane Flight 
Manual (AFM) Supplement to reflect the new Mach limit; or
    2. Removing the Raisbeck STC modifications and returning the 
airplane either to its original configuration or to the Gates Learjet 
``Softflight'' configuration.
    These proposed requirements are the same actions currently required 
by AD 85-16-06.
    The applicability of the proposed AD would include all Learjet 
Model 35 and 36 series airplanes modified in accordance with Raisbeck 
STC SA766NW that are not currently subject to AD 85-16-04.

[Note: The FAA's normal policy is that when an AD requires a 
substantive change, such as a change (expansion) in its 
applicability, the ``old'' AD is superseded by removing it from the 
system and a new AD is added. In the case of this proposed AD 
action, the FAA normally would have proposed superseding AD 85-16-04 
to expand its applicability to include the additional affected 
airplanes. However, in reconsideration of the entire fleet size that 
would be affected by a supersedure action, and the consequent 
workload associated with revising maintenance record entries, the 
FAA has determined that a less burdensome approach is to issue a 
separate AD applicable only to these additional airplanes. This 
proposed AD would not supersede AD 85-16-04; airplanes listed in the 
applicability of AD 85-16-04 are required to continue to comply with 
the requirements of that AD. This proposed AD is a separate AD 
action, and is applicable only to airplanes that are not subject to 
AD 85-16-04.]

Petitioning for an Exemption of the Requirements of the Final Rule

    Affected operators should note that the aileron instability that is 
the subject of this proposed AD is a condition affected by the contour 
of the wing leading edge, which is a function of manufacturing 
tolerances. In light of this, the FAA recognizes that not all airplanes 
modified in accordance with Raisbeck STC SA766NW may exhibit the 
problem of aileron buffet or buzz below .83 Mach. Should this proposal 
become a final rule, operators of those airplanes may wish to petition 
the FAA for an exemption from the requirements of the rule, under the 
provisions of part 11 of the Federal Aviation Regulations (14 CFR 11), 
``General Rulemaking Procedures.''
    Petitioners for such an exemption should provide data that would 
justify a grant of exemption, including, but not limited to, 
information concerning the number of flights the airplane has flown in 
conditions involving high weight, high altitude, and high speed, and if 
any incident of buffet or buzz was observed during flight in those 
conditions. Based on the data submitted with the petition, the FAA will 
determine on a case-by-case basis if a flight evaluation or other 
additional data are necessary to determine if granting the petition (1) 
would not adversely affect safety, and (2) would be in the public 
interest.

Cost Impact

    There are approximately 29 Gates Learjet Model 35 and 36 series 
airplanes of the affected design in the worldwide fleet. The FAA 
estimates that at least 1 airplane of U.S. registry would be affected 
by this proposed AD.
    To accomplish the removal and recalibration of the airspeed 
indicators and Mach overspeed warning switch, and to revise the AFM 
Supplement, as would be required by ``Option I'' of the proposed rule, 
it would take approximately 5 work hours per airplane, at an average 
labor rate of $60 per work hour. The FAA estimates that it would cost 
approximately $1,000 per airplane to reset the airspeed indicators and 
Mach overspeed warning switch. Based on these figures, the cost impact 
of this action of the proposed AD on U.S. operators is estimated to be 
$1,300 per airplane.
    To accomplish the removal of the STC modifications, as would be 
required by ``Option II'' of the proposed rule, it would take 
approximately 100 work hours per airplane, at an average labor rate of 
$60 per work hour. Based on these figures, the cost impact of this 
action of the proposed AD on U.S. operators is estimated to be $6,000 
per airplane.
    The cost impact figures discussed above are 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.

Regulatory Impact

    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

[[Page 21984]]

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 U.S.C. 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Gates Learjet: Docket 96-NM-63-AD.

    Applicability: Model 35, 35A, 36 and 36A series airplanes, 
modified in accordance with Raisbeck Group Supplemental type 
Certificate (STC) SA766NW, that do not have one of the serial 
numbers listed in Table 1 of this AD; certificated in any category.

                                 Table 1                                
               [Serial Numbers * NOT affected by this AD]               
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
35-023...........        35A-092           35A-192-            36-004   
35-034-..........       35A-093-           35A-203-            36-017   
35-042-..........       35A-095-           35A-206-            36-028   
35-044-..........       35A-118-           35A-207-           36A-029   
35-047-..........       35A-127-           35A-209-           36A-031   
35A-068-.........       35A-132-           35A-228-           36A-038   
35A-073-.........       35A-135-           35A-231-           36A-043   
35A-075-.........       35A-145-           35A-244-           36A-044   
35A-076-.........       35A-172-           35A-245-                     
35A-086 -........       35A-185-            36-003                      
------------------------------------------------------------------------
*Airplanes having the serial numbers listed in Table 1 are subject to   
  similar requirements mandated by AD 85-16-04, amendment 39-5110.      

    Note 1: This AD applies to each airplane as indicated 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 request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent deterioration of the airplane's lateral control 
characteristics as a result of aileron buffet or buzz, accomplish 
the following:
    (a) Within 200 hours time-in-service after the effective date of 
this AD, or within 6 months after the effective date of this AD, 
whichever occurs first, accomplish either paragraph (a)(1) or (a)(2) 
of this AD:
    (1) Option I. Permanently reduce the airplane's maximum 
operating Mach limit (MMO) by accomplishing the actions 
specified in paragraphs (a)(1)(i), (a)(1)(ii), and (a)(1)(iii) of 
this AD:
    (i) Submit the FAA-approved STC SA766NW Airplane flight Manual 
Supplement to the Manager, Flight Test Branch, ANM-160S, Seattle 
Aircraft Certification Office, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98055-4056; to change the 
limit Mach number from .83 to .80. And
    (ii) Remove the ``Mach Overspeed Warning Switch'' and have it 
reset from Mach .83 to .80. Contact the manufacturer, PRECISION 
SENSOR, P.O. Box 509, Milford, Connecticut 06460; telephone number 
(203) 877-2795; to have the instrument recalibrated. Reidentify the 
Mach overspeed warning switch by ink-stamping the words ``Mach limit 
.80'' adjacent to the part number. Reinstall the ``Mach Overspeed 
Warning Switch'' after it has been so recalibrated. And
    (iii) Remove the pilot's and copilot's airspeed indicators and 
have them modified by changing the ``barber pole'' from Mach number 
.83 to .80. The instrument must be recalibrated by the instrument 
manufacturer or a certified repair station. Reidentify the airspeed 
indicators by ink stamping ``Mach limit .80'' adjacent to the part 
number. Reinstall the pilot's and copilot's airspeed indicators 
after they have been so modified.
    (2) Option II. Remove the modifications installed in accordance 
with Raisbeck Group STC SA766NW, and return the aircraft either to 
the original type design configuration, or to the Gates Learjet 
``Softflight'' configuration.
    (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, Seattle Aircraft Certification 
Office (ACO), 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, Seattle ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Seattle ACO.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on May 7, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-11881 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-13-P

Complete official Federal Register PDF

FR Doc. 96-11880 Airworthiness Directives; H.B. Flugtechnik GmbH 23/2400 Sailplanes
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21980-21982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11880]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-CE-39-AD]
RIN 2120--AA64

Airworthiness Directives; H.B. Flugtechnik GmbH 23/2400 
Sailplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes to adopt a new airworthiness directive 
(AD) that would apply to certain H.B. Flugtechnik GmbH (Flugtechnik) 
23/2400 sailplanes. The proposed action would require inspecting the 
rudder bearing support bracket for cracks, replacing the bracket if 
cracked, and modifying the bracket with a third bolt if no cracks are 
found. Cracks found in the rudder bearing support brackets during 
routine inspections prompted the proposed action. The actions specified 
by the proposed AD are intended to prevent cracks in the rudder bearing 
support bracket, which could cause loss of control of the rudder and 
possible loss of control of the sailplane.

DATES: Comments must be received on or before July 15, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-39-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from H.B. Flugtechnik GmbH, attn: Dr. Adolf Scharf STR, 42 P.F. 74, A-
4053, Haid, Austria. This information also may be examined at the Rules 
Docket at the address below. Send comments on the

[[Page 21981]]

proposal in triplicate to the Federal Aviation Administration (FAA), 
Central Region, Office of the Assistant Chief Counsel, Attention: Rules 
Docket No. 95-CE-39-AD, Room 1558, 601 E. 12th Street, Kansas City, 
Missouri 64106. Comments may be inspected at this location between 8 
a.m. and 4 p.m., Monday through Friday, holidays excepted.

FOR FURTHER INFORMATION CONTACT: Mr. Herman C. Belderok, Project 
Officer, Sailplanes/Gliders, Small Airplane Directorate, Aircraft 
Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106; telephone (816) 426-6932; facsimile (816) 426- 2169.

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 should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
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 that summarizes 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 No. 95-CE-39-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, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 95-CE-39-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    The Austro Control GmbH (ACG), which is the airworthiness authority 
for Austria, notified the FAA that an unsafe condition may exist on 
certain Flugtechnik HB 23/2400 sailplanes. The ACG reports that, upon 
routine inspections of certain Flugtechnik HB 23/2400 sailplanes, 
cracks are appearing in the rudder bearing support bracket. This 
condition, if not detected and corrected, could result in loss of 
control of the rudder and possible loss of control of the sailplane.
    Flugtechnik has issued service bulletin (SB) HB 23/19/91, dated 
October 5, 1991, which specifies procedures for inspecting the rudder 
bearing support bracket for cracks, replacing the bracket if cracks are 
found and modifying the bracket with a third bolt if no cracks are 
found.
    The ACG classified this service bulletin as mandatory and issued AD 
No. 68, dated October 28, 1991, in order to assure the continued 
airworthiness of these sailplanes in Austria.
    This sailplane model is manufactured in Austria 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 ACG has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
ACG, reviewed all available information including the service 
information referenced above, 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 in other certain Flugtechnik 23/2400 sailplanes of the 
same type design registered in the United States, the proposed AD would 
require inspecting the rudder bearing support bracket for cracks, and 
replacing the bracket with a new bracket with 3 bolt holes, or 
modifying the bracket by making a third hole and installing a new bolt. 
Accomplishment of the proposed installation would be in accordance with 
Flugtechnik SB HB 23/19/91, dated October 5, 1991.
    The FAA estimates that one sailplane in the U.S. registry would be 
affected by the proposed AD, that it would take approximately 1 
workhour per sailplane to accomplish the proposed action, and that the 
average labor rate is approximately $60 an hour. Parts cost 
approximately $5 per sailplane. Based on these figures, the total cost 
impact of the proposed AD on U.S. operators is estimated to be $65. The 
FAA has no way of determining whether the one sailplane owner/operator 
has replaced or modified the rudder bearing support bracket and this 
figure takes into account that the affected sailplane operator has not 
accomplished the proposed action.
    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 action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 has been placed 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), 40113, 44701.

Sec. 39.13  [AMENDED]

    2. Section 39.13 is amended by adding a new airworthiness directive 
(AD) to read as follows:

H.B. Flugtechnik: Docket No. 95-CE-39-AD.

    Applicability: Model 23/2400 Sailplanes (serial numbers 23001 
through 23048), certificated in any category.

    Note 1: This AD applies to each sailplane identified in the 
preceding applicability

[[Page 21982]]

provision, regardless of whether it has been modified, altered, or 
repaired in the area subject to the requirements of this AD. For 
sailplanes that have been modified, altered, or repaired so that the 
performance of the requirements of this AD is affected, the owner/
operator must request approval for an alternative method of 
compliance in accordance with paragraph (c) of this AD. The request 
should include an assessment of the effect of the modification, 
alteration, or repair on the unsafe condition addressed by this AD; 
and, if the unsafe condition has not been eliminated, the request 
should include specific proposed actions to address it.

    Compliance: Required within the next 50 hours time-in- service 
(TIS) after the effective date of this AD, unless already 
accomplished.
    To prevent the rudder bearing support bracket from cracking, 
which could cause loss of rudder control and possible loss of the 
sailplane, accomplish the following:
    (a) Inspect (one time) the rudder bearing support bracket with a 
10x magnifying glass for any visible cracks in accordance with the 
Actions section of Flugtechnik service bulletin (SB) HB-23/19/91, 
dated October 5, 1991.
    (1) If cracks are found, prior to further flight, replace the 
rudder bearing support bracket with a new support bracket that has 3 
bolt holes in accordance with the Actions section of Flugtechnik SB 
HB-23/19/91, dated October 5, 1991.
    (2) If no cracks are found, modify the rudder bearing support 
bracket by installing a third bolt (part number M6x30) or replace 
the bracket with a new bracket that has 3 bolt holes in accordance 
with the Actions section of Flugtechnik SB HB-23/19/91, dated 
October 5, 1991.
    (b) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the sailplane to a location where 
the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Small Airplane Directorate, Aircraft 
Certification Service, FAA, 1201 Walnut, suite 900, Kansas City, 
Missouri 64106. The request shall be forwarded through an 
appropriate FAA Maintenance Inspector, who may add comments and then 
send it to the Manager, Small Airplane Directorate.

    NOTE 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Small Airplane Directorate Aircraft Certification 
Office.

    (d) All persons affected by this directive may obtain copies of 
this document referred to herein upon request to H.B. Flugtechnik 
GmbH, attn: Dr. Adolf Scharf STR, 42 P.F. 74, A-4053, Haid, Austria; 
or may examine this document at the FAA, Central Region, Office of 
the Assistant Chief Counsel, Room 1558, 601 E. 12th Street, Kansas 
City, Missouri 64106.

    Issued in Kansas City, Missouri, on May 6, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-11880 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-13-U

Complete official Federal Register PDF

FR Doc. 96-11862 Federal Acquisition Regulation; Implementation of Commercially Available Off-the-Shelf Item Acquisition Provisions of the Federal Acquisition Reform Act
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Page 22010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11862]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapters 1 and 2

[FAR Case 96-308]

Federal Acquisition Regulation; Implementation of Commercially 
Available Off-the-Shelf Item Acquisition Provisions of the Federal 
Acquisition Reform Act

AGENCIES: Department of Defense, General Services Administration, and 
National Aeronautics and Space Administration.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Federal Acquisition Regulatory Council is soliciting 
comments regarding the implementation of section 4203 of the Federal 
Acquisition Reform Act (Pub. L. 104-106) (the Act) with respect to 
Commercially Available Off-the-Shelf Item Acquisitions. The Act 
requires the FAR to list provisions of law that are inapplicable to 
contracts for the acquisition of commercially available off-the-shelf 
items. Certain laws have already been determined to be inapplicable to 
all commercial items as a result of the implementation of the Federal 
Acquisition Streamlining Act of 1994 (see FAR 12.503). The additional 
provisions of law that could be determined inapplicable to commercially 
available off-the-shelf items are listed under
SUPPLEMENTARY INFORMATION below.

DATES: Comments should be submitted to the address shown below by June 
28, 1996.

ADDRESSES: Interested parties should submit comments to the FAR 
Secretariat, General Services Administration, 18th and F Sts. NW, 
Washington, DC 20405. Please cite FAR Case 96-308.

FOR FURTHER INFORMATION CONTACT: FAR Secretariat, (202) 501-4755.

SUPPLEMENTARY INFORMATION:  15 U.S.C. 637(d) (2) and (3), Utilization 
of Small Business Concerns (see 52.219-8); 15 U.S.C. 637(d)(4), Small 
Business Subcontracting Plan (see 52.219-9); 15 U.S.C. 637(a)(14), 
Limitation on Subcontracting (see 52.219-14); 19 U.S.C. 1202, Tariff 
Act of 1930 (see 52.225-10); 19 U.S.C. 1309, Supplies for Certain 
Vessels and Aircraft (see 52.225-10); 19 U.S.C. 2701, et seq., 
Authority to Grant Duty Free Treatment (see 52.225-10); 29 U.S.C. 793, 
Affirmative Action for Handicapped Workers (see 52.222-36); 38 U.S.C. 
4212, Affirmative Action for Special Disabled Vietnam Era Veterans (see 
52.222-35); 38 U.S.C. 4212(d)(1), Employment Reports on Special 
disabled Veterans and Veterans of the Vietnam Era (see 52.222-37); 41 
U.S.C. 10, Buy American Act--Supplies (see 52.225-3); 41 U.S.C. 253d, 
Validation of Proprietary Data Restrictions (see 52.227-14); 41 U.S.C. 
253g and 10 U.S.C. 2482, Prohibition on Limiting Subcontractor Direct 
Sales to the United States (see 52.203-6); 41 U.S.C. 254(b) and 10 
U.S.C. 2306a, Truth in Negotiations Act (see 15.804); 41 U.S.C. 254d(c) 
and 10 U.S.C. 2513(c), Examination of Records of Contractor (see 
52.215-2); 41 U.S.C. 418a, Rights in Technical Data (see 52.227-14); 41 
U.S.C. 442, Cost Accounting Standards (see FAR Appendix B, 48 CFR 
Chapter 99); 41 U.S.C. 423(e)(3), Administrative Actions (see 3.104); 
46 U.S.C. 1241(b), Transportation in American Vessels of Government 
Personnel and Certain Cargo (see 52.247-64); 49 U.S.C. 40118, Fly 
American Provisions (see 52.247-63); For purposes of this notice, a 
``commercially available off-the-shelf item'' means--
    (1) a commercial item as defined in FAR 2.101;
    (2) an item sold in substantial quantities in the commercial 
marketplace; and
    (3) an item is offered to the Government, without modification, in 
the same form in which it is sold in the commercial marketplace. This 
does not include bulk cargo, as defined in 46 U.S.C. App. 1702, such as 
agricultural and petroleum products. The FAR Council is requesting any 
interested parties to provide advance comments on:
    (1) the definition of ``commercially available off-the-shelf item'' 
cited above.
    (2) whether the above cited list of statutory provisions that could 
be determined inapplicable to commercial off-the-shelf items is 
complete.
    (3) whether the specific provisions of law should be determined to 
be inapplicable. Comments received will be considered in the 
development of proposed or interim rules. In addition, a 60-day public 
comment period will be provided once proposed and/or interim FAR rules 
are drafted. Noted that agency specific statutory provisions will be 
addressed in separates Federal Register notices.

    Dated: May 7, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-11862 Filed 5-10-96; 8:45 am]
BILLING CODE 6820-EP-M

Complete official Federal Register PDF

FR Doc. 96-11853 Meeting of the Federal Gas Valuation Negotiated Rulemaking Committee
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21997-21998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11853]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Chapter II

Meeting of the Federal Gas Valuation Negotiated Rulemaking 
Committee

AGENCY: Minerals Management Service, Interior.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Secretary of the Department of the Interior (Department) 
established a Federal Gas Valuation Negotiated Rulemaking Committee 
(Committee) to develop specific recommendations with respect to Federal 
gas valuation under its responsibilities imposed by the Federal Oil and 
Gas Royalty Management Act of 1982 (FOGRMA). The Department has 
determined that the establishment of this Committee is in the public 
interest and will assist the agency in performing its duties under 
FOGRMA.
    MMS published a proposed rule on November 6, 1995, in the Federal

[[Page 21998]]

Register (60 FR 56007) advancing the consensus decisions of the 
Committee regarding the valuation of gas produced from Federal leases. 
On December 13, 1995, in the Federal Register (60 FR 64000), MMS 
extended the period for receiving comments on the proposed rule through 
February 5, 1996. MMS is holding a meeting of the Committee to discuss 
how to proceed with further rulemaking in light of the comments 
received on the proposed rule.

DATES: The Committee will meet on: Wednesday, June 12, 1996, 10:00 a.m. 
to 5:00 p.m.; Thursday, June 13, 1996, 8:00 a.m. to 5:00 p.m.; Friday, 
June 14, 1996, 8:00 a.m. to 2:00 p.m.

ADDRESSES: The meetings will be held at the Denver Federal Center, 
building 85, West 6th Avenue and Kipling Street, Lakewood, Colorado, 
80225.
    Written statements may be submitted to Ms. Deborah Gibbs Tschudy, 
Chief, Valuation and Standards Division, Minerals Management Service, 
Royalty Management Program, P.O. Box 25165, MS 3150, Denver, Colorado 
80225-0165, courier delivery to Building 85, Denver Federal Center, 
Denver, CO 80225.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Gibbs Tschudy, Chief, 
Valuation and Standards Division, Minerals Management Service, Royalty 
Management Program, P.O. Box 25165, MS 3150, Denver, Colorado, 80225-
0165, telephone number (303) 275-7200, fax number (303) 275-7227.

SUPPLEMENTARY INFORMATION: The meetings will be open to the public 
without advanced registration. Public attendance may be limited to the 
space available. Members of the public may make statements during the 
meeting, to the extent time permits, and file written statements with 
the Committee for its consideration.
    Written statements should be submitted to the address listed above. 
Minutes of Committee meetings will be available for public inspection 
and copying 10 days following each meeting at the same address. In 
addition, the materials received to date during the input sessions are 
available for inspection and copying at the same address.

    Dated: May 7, 1996.
Robert E. Brown,
Associate Director for Royalty Management.
[FR Doc. 96-11853 Filed 5-10-96; 8:45 am]
BILLING CODE 4310-MR-P

Complete official Federal Register PDF

FR Doc. 96-11825 Airworthiness Directives; Beech (Raytheon) Model BAe 125-800A and -1000A, and Model Hawker 800 and 1000 Series Airplanes
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21979-21980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11825]

========================================================================
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. 61, No. 93 / Monday, May 13, 1996 / Proposed 
Rules

[[Page 21979]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-165-AD]
RIN 2120-AA64

Airworthiness Directives; Beech (Raytheon) Model BAe 125-800A and 
-1000A, and Model Hawker 800 and 1000 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Beech (Raytheon) Model BAe 
125-800A and -1000A, and Model Hawker 800 and 1000 series airplanes. 
This proposal would require modification of the TKS metering pump in 
the airframe ice protection system. This proposal is prompted by a 
report that the pump was found fitted with silver plated wiring. The 
actions specified by the proposed AD are intended to ensure that silver 
plated wiring is removed from these pumps; silver plated wiring 
carrying a direct current can ignite the ice protection fluid (glycol) 
when exposed to it, which could result in a possible fire hazard.

DATES: Comments must be received by June 17, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-165-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 Raytheon Aircraft Company, 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-165-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-165-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 Beech (Raytheon) Model BAe 125-
800A and -1000A, and Model Hawker 800 and 1000 series airplanes. The 
CAA has received a report indicating that, during a design review, the 
TKS metering pump in the airframe ice protection system was found 
fitted with silver plated wiring. The TKS pump pumps the ice protection 
fluid to the wing leading edge where it is excreted through microholes 
to prevent ice build up. If silver plated wiring is bare, or if its 
insulation is chafed, and it is carrying a direct current, it can 
ignite the ice protection fluid (glycol) when exposed to it. Such an 
ignition could result in a possible fire hazard.
    The manufacturer has issued Hawker Service Bulletin SB.30-61-7676A, 
dated February 15, 1995, which describes procedures for modification of 
the TKS pump (Modification 257676A). The modification involves 
accomplishing an inspection to determine if the flying leads of the TKS 
pump have silver plated conductors; replacement of those leads with 
ones that do not have silver plated conductors; and reidentification of 
the pump. Accomplishment of this modification will ensure that silver 
plated wiring is removed from the TKS pump. 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 modification of the TKS pump.

[[Page 21980]]

The actions would be required to be accomplished in accordance with the 
service bulletin described previously.
    The FAA estimates that 23 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 
$1,380, 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.
    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), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Beech Aircraft Company (Formerly DeHavilland; Hawker Siddeley; 
British Aerospace, PLC; Raytheon Corporate Jets, Inc.): Docket 95-
NM-165-AD.

    Applicability: Model BAe 125-800A and -1000A, and Model Hawker 
800 and 1000 series airplanes; on which Modification 257676A has not 
been accomplished (reference Hawker Service Bulletin SB.30-61-7676A 
or Aerospace Systems and Technology Service Bulletin S.B.30-25); 
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 request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Note 2: Beech (Raytheon) Model BAe 125-800B and BAe 125-1000B 
series airplanes are similar in design to the airplanes that are 
subject to the requirements of this AD and, therefore, also may be 
subject to the unsafe condition addressed by this AD. However, as of 
the effective date of this AD, those models are not type 
certificated for operation in the United States. Airworthiness 
authorities of countries in which the Model BAe 125-800B and BAe 
125-1000B series airplanes are approved for operation should 
consider adopting corrective action, applicable to those models, 
that is similar to the corrective action required by this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that silver plate wiring is removed from the TKS 
metering pump and a possible fire hazard eliminated, accomplish the 
following:
    (a) Within 3 months after the effective date of this AD, modify 
the TKS pump in accordance with Hawker Service Bulletin SB.30-61-
7676A, dated February 15, 1995.
    (b) As of the effective date of this AD, no person shall install 
on any airplane a TKS metering pump, having part number XA9511E003-3 
or XA9511E009, unless it has been modified in accordance with the 
requirements of paragraph (a) of this AD.
    (c) 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.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on May 3, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-11825 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-13-P

Complete official Federal Register PDF

FR Doc. 96-11780 Simplification of Entity Classification Rules
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21989-21997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11780]

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DEPARTMENT OF THE TREASURY
26 CFR Part 301

[PS-43-95]
RIN 1545-AT91

Simplification of Entity Classification Rules

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking and notice of public hearing.

-----------------------------------------------------------------------

SUMMARY: This document contains proposed regulations that would replace 
the existing regulations for classifying certain business organizations 
with an elective regime. These proposed regulations simplify the 
existing classification rules.

DATES: Written comments and requests to speak (with outlines of oral 
comments) at a public hearing scheduled for August 21, 1996, at 10 a.m. 
must be submitted by August 12, 1996.

ADDRESSES: Send submissions to: CC:DOM:CORP:R (PS-43-95), room 5228, 
Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, 
DC 20044. In the alternative, submissions may be hand delivered between 
the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:R (PS-43-95), Courier's 
Desk, Internal Revenue Service, 1111 Constitution Avenue NW., 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Armando 
Gomez, (202) 622-3050; concerning foreign organizations, Ronald M. 
Gootzeit or William H. Morris, (202) 622-3880; concerning submissions 
and the hearing, Evangelista Lee (202) 622-7190 (not toll-free 
numbers).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507).
    Comments on the collection of information should be sent to the 
Office of Management and Budget, Attn: Desk Officer for the Department 
of the Treasury, Office of Information and Regulatory Affairs, 
Washington, DC 20503, with copies to the Internal Revenue Service, 
Attn: IRS Reports Clearance Officer, T:FP, Washington, DC 20224. 
Comments on the collection of information should be received by July 
12, 1996.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid control number.
    The collections of information are required by Secs. 301.6109-
1(b)(2)(vi) and 301.7701-3(c). This information is required by the IRS 
to ensure the proper classification of business organizations and to 
ensure compliance with the proposed regulations. The likely respondents 
are businesses and other for-profit organizations, including small 
businesses.
    Books or records relating to a collection of information must be 
retained as long as their contents may become material in the 
administration of any internal revenue law. Generally, tax returns and 
tax return information are confidential, as required by 26 U.S.C. 6103.
    The burden of the collection of information required by 
Sec. 301.6109-1 will be reflected in Forms SS-4 and W-7. The burden of 
the collection of information required by Sec. 301.7701-3(c) will be 
reflected in such form as is prescribed by the Commissioner for 
purposes of making the election described in this regulation.

Introduction

    This document proposes to revise Secs. 301.7701-1 through 301.7701-
3 of the Procedure and Administration Regulations (26 CFR part 301) to 
clarify which organizations are classified as corporations 
automatically under the Internal Revenue Code (Code) and to provide a 
simple elective regime for classifying other business organizations. 
This document also proposes conforming changes to Secs. 1.581-1, 1.581-
2, and 1.761-1 of the Income Tax Regulations (26 CFR part 1), and to 
Secs. 301.6109-1, 301.7701-4, 301.7701-6, and 301.7701-7 of the 
Procedure and Administration Regulations (26 CFR part 301).

Background

    On April 3, 1995, Notice 95-14, relating to classification of 
business organizations under section 7701, was published in the 
Internal Revenue Bulletin (1995-1 C.B. 297). A notice of public hearing 
was published in the Federal Register on May 10, 1995 (60 FR 24813). 
Written comments were received and a public hearing was held on July 
20, 1995. After consideration of the comments, the Treasury Department 
and the IRS propose to replace the existing classification regulations 
with a simplified regime that is elective for certain business 
organizations.

Explanation of Provisions

I. Introduction

    Section 7701(a)(2) of the Code defines a partnership to include a 
syndicate, group, pool, joint venture, or other unincorporated 
organization, through or by means of which any business, financial 
operation, or venture is carried on, and that is not a trust or estate 
or a corporation. Section 7701(a)(3) defines a corporation to include 
associations, joint-stock companies, and insurance companies.
    The existing regulations for classifying business organizations as 
associations (which are taxable as corporations under section 
7701(a)(3)) or as partnerships under section 7701(a)(2) are based on 
the historical differences under local law between partnerships and 
corporations. However, many states have revised their statutes to 
provide that partnerships and other unincorporated organizations may 
possess characteristics that traditionally have been associated with 
corporations, thereby narrowing considerably the traditional 
distinctions between

[[Page 21990]]

corporations and partnerships under local law. For example, some 
partnership statutes now provide that no partner is unconditionally 
liable for all of the debts of the partnership. Similarly, almost all 
states have enacted statutes allowing the formation of limited 
liability companies. These entities provide protection from liability 
to all members but may qualify as partnerships for federal tax purposes 
under the existing regulations. See, e.g., Rev. Rul. 88-76 (1988-2 C.B. 
360).
    One consequence of the increased flexibility under local law in 
forming a partnership or other unincorporated business organization is 
that taxpayers generally can achieve partnership tax classification for 
a nonpublicly traded organization that, in all meaningful respects, is 
virtually indistinguishable from a corporation. To accomplish this, 
however, taxpayers and the IRS must expend considerable resources on 
classification issues. For example, since the issuance of Rev. Rul. 88-
76, the IRS has issued seventeen revenue rulings analyzing individual 
state limited liability company statutes, and has issued several 
revenue procedures and numerous letter rulings relating to 
classification of various business organizations. Meanwhile, small 
business organizations may lack the resources and expertise to achieve 
the tax classification they want under the current classification 
regulations.
    Reacting to the fact that publicly traded entities could easily 
qualify as partnerships, in 1987 Congress enacted section 7704 to 
require most publicly traded partnerships to be taxable as 
corporations. Thus, even if an organization could be classified as a 
partnership under the current regulations, it will nevertheless be 
classified as a corporation in most cases if its ownership interests 
are publicly traded.
    In light of these developments, Treasury and the IRS believe that 
it is appropriate to replace the increasingly formalistic rules under 
the current regulations with a much simpler approach that generally is 
elective. To further simplify this area, the proposed regulations 
provide similar rules for organizations that have a single owner.
    With respect to foreign organizations, Notice 95-14 (1995-1 C.B. 
297) observed that, while the distinctions are similarly formalistic, 
the classification process under the current regulations involves even 
more complexities and requires greater resources than does the 
classification process for domestic organizations. For example, the 
classification of a foreign organization involves not only a review of 
organizational documents, but also a thorough understanding of the 
controlling foreign law. Accordingly, the simplified system provided 
under the proposed regulations extends to foreign organizations as 
well, with certain modifications explained below.
    In light of the increased flexibility under an elective regime for 
the creation of organizations classified as partnerships, the Treasury 
Department and the IRS will continue to monitor carefully the uses of 
partnerships in the international context and will issue appropriate 
substantive guidance when partnerships are used to achieve results that 
are inconsistent with the policies and rules of particular Code 
provisions or of U.S. tax treaties.
    To accomplish the changes described above, the proposed regulations 
would replace Secs. 301.7701-1, 301.7701-2, and 301.7701-3 with new 
regulations. In addition, conforming amendments would be made to 
Secs. 1.581-1, 1.581-2, 1.761-1, 301.6109-1, 301.7701-4, 301.7701-6, 
and 301.7701-7.

II. General Classification Rules

A. Business Entities
    Proposed Sec. 301.7701-1 provides an overview of the rules 
applicable in determining an organization's classification for federal 
tax purposes. The first step in the classification process is to 
determine whether there is a separate entity for federal tax purposes 
(which is a matter of federal tax law). The proposed regulations 
explain that certain joint undertakings that are not entities under 
local law may nonetheless constitute separate entities for federal tax 
purposes; on the other hand, not all entities formed under local law 
are recognized as separate entities for federal tax purposes. For 
example, individuals who own property as tenants in common may create a 
separate entity for federal tax purposes if the individuals actively 
carry on a trade, business, financial operation, or venture and divide 
the profits therefrom. On the other hand, an organization wholly owned 
by a State is not recognized as a separate entity for federal tax 
purposes if it is an integral part of the State. Similarly, tribes 
incorporated under section 17 of the Indian Reorganization Act of 1934, 
as amended, 25 U.S.C. 477, or under section 3 of the Oklahoma Indian 
Welfare Act, as amended, 25 U.S.C. 503, are not recognized as separate 
entities for federal tax purposes. See Rev. Rul. 94-16 (1994-1 C.B. 
19); Rev. Rul. 94-65 (1994-2 C.B. 14). Also, the proposed regulations 
retain the rule under the current regulations that a qualified cost 
sharing arrangement described in Sec. 1.482-7 is not a partnership for 
federal tax purposes.
    An organization that is recognized as a separate entity for federal 
tax purposes is either a trust or a business entity (unless a provision 
of the Code expressly provides for special treatment, such as the Real 
Estate Mortgage Investment Conduit (REMIC) rules, see section 860A(a)). 
The proposed regulations provide that trusts generally do not have 
associates or an objective to carry on business for profit. While these 
proposed regulations restate the distinction between trusts and 
business entities, the determination of whether an organization is 
classified as a trust for federal tax purposes is intended to remain 
the same as under current law.
    Proposed Sec. 301.7701-2 specifies those business entities that 
automatically are classified as corporations for federal tax purposes. 
Any other business entity that is recognized for federal tax purposes 
may choose its classification under the rules of proposed 
Sec. 301.7701-3. Those rules provide that a business entity with at 
least two members can be classified as either a partnership or an 
association, and that a business entity with a single member can be 
classified as an association or can be disregarded as an entity 
separate from its owner.
B. Corporations
    The proposed regulations clarify that business entities that are 
classified as corporations for federal tax purposes include 
corporations denominated as such under applicable law, as well as 
associations, joint-stock companies, insurance companies, organizations 
that conduct certain banking activities, organizations wholly owned by 
a State, organizations that are taxable as corporations under a 
provision of the Code other than section 7701(a)(3), and certain 
organizations formed under the laws of a foreign jurisdiction or a U.S. 
possession, territory, or commonwealth. Each of these categories is 
described briefly below.
    The proposed regulations define corporation to include any business 
entity recognized for federal tax purposes that is organized under a 
Federal or State statute, or under a statute of a federally recognized 
Indian tribe, that describes or refers to the entity as incorporated or 
as a corporation, body corporate, or body politic. Such entities 
include governmentally chartered corporations, as well as business 
corporations. See, e.g., 12 U.S.C. 21 et seq. (national banking 
associations), 20 U.S.C. 1087-2 (Student Loan Marketing Association),

[[Page 21991]]

and 36 U.S.C. 1101 (private corporations established under federal 
law).
    The proposed regulations define an association by reference to 
Sec. 301.7701-3. As discussed in detail below, that section permits 
certain business entities to choose whether to be classified as an 
association or as a partnership (or, if the entity has a single owner, 
as a non-entity).
    The proposed regulations define a joint-stock company as a business 
entity organized under a State statute that describes or refers to the 
entity as a joint-stock company or joint-stock association. These 
entities typically have a fixed capital stock divided into shares 
represented by certificates transferable only upon the books of the 
company, manage their affairs by a board of directors and executive 
officers, and conduct their business in the general form and mode of 
procedure of a corporation. See Burk-Waggoner Oil Assoc. v. Hopkins, 
269 U.S. 110, 113 (1925).
    The proposed regulations define an insurance company as a business 
entity that is taxable as an insurance company under subchapter L, 
chapter 1 of the Code.
    Under the proposed regulations, a state-chartered bank is 
classified as a corporation if any of the bank's deposits are insured 
under the Federal Deposit Insurance Act, as amended, 12 U.S.C. 1811 et 
seq., or a similar federal statute. This rule reflects Congress 
requirement that these organizations be incorporated to be eligible for 
federal deposit insurance, see 12 U.S.C. 1813(a)(2), and provides 
comparable tax treatment to state-chartered banks and national banks 
chartered under the National Bank Act, 12 U.S.C. 21 et seq. (which 
characterizes national banks as corporations, see 12 U.S.C. 24). It 
also is consistent with Congress historical treatment of banks as 
corporations, as reflected in section 581 of the Code, which requires a 
bank to be incorporated for purposes of subchapter H of chapter 1. 
Under this rule, however, an unincorporated organization that conducts 
banking activities but that does not have federal deposit insurance, 
may, under proposed Sec. 301.7701-3, choose not to be an association 
for federal tax purposes; in that case, however, the organization is 
not a bank within the meaning of section 581, and thus is not eligible 
for treatment under subchapter H.
    The proposed regulations also classify as corporations 
organizations that are recognized for federal tax purposes if they are 
wholly owned by a State, or any political subdivision thereof. 
Organizations wholly owned by a State that are not an integral part of 
the State must be recognized for federal tax purposes and scrutinized 
under section 115 (which excludes from gross income any income derived 
from the exercise of any essential governmental function and accruing 
to a State or any political subdivision thereof, or the District of 
Columbia). Accordingly, the proposed regulations classify any such 
organization as a corporation. Nevertheless, under section 115, the 
organization's income may not be subject to federal income tax.
    The proposed regulations define corporation to include any business 
entity that is taxable as a corporation under another provision of the 
Code. For example, a business entity that is publicly traded within the 
meaning of section 7704 (and not within the exception in section 
7704(c)), is taxable as a corporation. Similarly, a business entity 
that is a taxable mortgage pool under section 7701(i) is taxable as a 
corporation.
    Finally, the proposed regulations classify as corporations certain 
foreign business entities (including entities organized in U.S. 
possessions, territories, and commonwealths) that are listed in the 
regulations. Notice 95-14 observed that current law does not 
automatically classify any foreign entity as a corporation by reference 
to the juridical status or designation of that entity under local law. 
That is, current law does not identify the foreign analogue to the 
incorporated state law entity that is always classified as a 
corporation for federal tax purposes, even though section 7701(a)(3) 
makes no distinction between domestic and foreign entities. Rather, 
since the issuance of Rev. Rul. 88-8 (1988-1 C.B. 403), all foreign 
entities have been classified based on the characteristics set forth in 
Secs. 301.7701-2 and 301.7701-3 of the current regulations. 
Nevertheless, under this approach, those foreign entities that are 
equivalent to state law corporations are virtually always classified as 
corporations.
    To ensure the corporate classification of these foreign entities, 
the proposed regulations include a list of foreign business entities 
that always will be classified as corporations. Several commentators 
supported inclusion of a list of foreign business entities that either 
would be treated as corporations per se or that would continue to be 
classified under the current regulations. The Treasury Department and 
the IRS believe that classifying the business entities on the list as 
corporations in all cases is consistent with the goal of simplifying 
the entity classification area. The organizations listed are limited 
liability entities, such as the British Public Limited Company, the 
French Societe Anonyme, and the German Aktiengesellschaft. The Treasury 
Department and the IRS invite comments on the composition of the list.
    Under a special grandfather rule, however, an entity described in 
this list will nevertheless be classified as a partnership under the 
proposed regulations if: (1) The entity was in existence and claimed to 
be a partnership on May 8, 1996 and for all prior periods, (2) that 
classification was relevant to any person for federal tax purposes at 
any time during the period that includes May 8, 1996, (3) the entity 
had a reasonable basis (within the meaning of section 6662) for 
claiming partnership classification, and (4) neither the entity nor any 
member has been notified in writing on or before May 8, 1996 that the 
classification of the entity is under examination (in which case the 
entity's classification will be determined in the examination).
    When these regulations become final, and current Sec. 301.7701-2 
(on which Rev. Rul. 88-8 is based) is superseded, Rev. Rul. 88-8 will 
be obsolete.
C. Other Business Entities
    The proposed regulations define the term partnership to include any 
business entity that has at least two members and that is not 
classified as a corporation.
    Some commentators requested clarification of the effect of these 
elective classification rules on an organization's ability to elect to 
be excluded from subchapter K under section 761. The proposed 
regulations do not change the existing requirements for the election 
provided in Sec. 1.761-2. Accordingly, an organization that is 
classified as a partnership under the proposed regulations may elect to 
be excluded from subchapter K, if it qualifies under Sec. 1.761-2.
    Many commentators requested guidance concerning the classification 
of an unincorporated business entity with a single owner. Some 
commentators suggested that these entities be treated as sole 
proprietorships, while others suggested partnership classification. 
Because a fundamental characteristic of a partnership is the presence 
of associates, an entity with a single owner cannot conduct business as 
a partnership. However, the proposed regulations permit a business 
entity with a single owner that is not required to be classified as a 
corporation to elect to be classified as an association or to have the 
organization disregarded as an

[[Page 21992]]

entity separate from its owner (in which case the business activity is 
treated for federal tax purposes in the same manner as if it were 
conducted as a sole proprietorship, branch, or division of the 
organization's owner).

III. Elective Classification of Certain Entities

A. In General
    Proposed Sec. 301.7701-3 sets forth rules permitting a business 
entity that is not required to be classified as a corporation (referred 
to in the regulation as an eligible entity) to elect its classification 
for federal tax purposes. An eligible entity that has at least two 
members may elect to be classified as an association or a partnership, 
and an eligible entity with a single owner may elect to be classified 
as an association or to be disregarded as an entity separate from its 
owner.
B. Default Classification
    The proposed regulations are designed to provide most eligible 
entities with the classification they would choose without requiring 
them to file an election. Thus, the proposed regulations provide 
default classification rules that aim to match expectations. An 
eligible entity that wants the default classification need not file an 
election.
    1. Domestic eligible entities. Notice 95-14 suggested partnership 
default for domestic eligible entities. The comments supported this 
rule, and the proposed regulations adopt it. Thus, a newly formed 
domestic eligible entity will be classified as a partnership if it has 
two or more members unless an election is filed to classify the entity 
as an association; no affirmative action need be taken by the entity to 
ensure partnership classification. Similarly, if that entity has a 
single member, it will not be treated as an entity separate from its 
owner for federal tax purposes unless an election is filed to classify 
the organization as an association.
    2. Foreign eligible entities. Notice 95-14 suggested association 
default for foreign eligible entities. The Notice indicated that while 
domestic eligible entities typically are formed with an intent to 
obtain partnership classification, the preferred classification of 
foreign eligible entities is less predictable. For example, the Notice 
expressed concern that because partnership default could subject some 
foreign entities to compliance requirements and excise tax liability 
under section 1491, an entity should not be classified as a partnership 
inadvertently. On the other hand, as some commentators indicated, 
association default might not match the expectations of a foreign 
eligible entity.
    In response to these comments, the proposed regulations provide a 
default rule that should match expectations more closely. The Treasury 
Department and IRS believe that if any of an organization's members has 
personal liability for the debts of the organization, the expectation 
is that the organization will be classified as a partnership. 
Accordingly, the proposed regulations provide that if one or more of an 
eligible entity's members have unlimited liability, the entity will be 
classified as a partnership if it has two or more members, or it will 
be disregarded as a separate entity if it has a single owner. Only if 
all of the entity's members have limited liability will the entity's 
default classification be association.
    For purposes of this rule, a member of a foreign entity has limited 
liability only if, based solely on the controlling statute or law 
pursuant to which the entity is organized, the member's personal 
liability for the debts of or claims against the entity is specifically 
limited (for example, to the amount of the member's unpaid capital 
contribution or to the amount of a statutorily limited guarantee). If 
protection from personal liability is optional under the applicable 
law, the entity's organizational documents will determine which option 
applies. The determination whether there is limited liability for 
purposes of the default rule is intended to be simpler and more 
straightforward than under current law, to ensure that the default 
classification is readily apparent. Thus, the limited liability inquiry 
generally will focus solely on controlling statutes as interpreted by 
judicial or administrative review. As a result, a member's ability to 
satisfy creditors' claims would not be relevant. If taxpayers remain 
uncertain whether there is limited liability in a particular case, they 
may file an election to secure the desired classification.
    3. Existing eligible entities. Commentators suggested that special 
rules should be provided for eligible entities formed prior to the 
effective date of the regulations. These commentators were concerned 
that some existing eligible entities would be required to file 
classification elections immediately to prevent their classification 
from being changed under a default rule. Under the proposed 
regulations, eligible entities existing prior to the effective date of 
the regulations that choose to retain their current classification 
would not be required to file an election. Rather, those entities would 
retain the classification claimed under the existing regulations 
(except that, if an eligible entity with a single owner claimed to be a 
partnership under the current regulations, the entity would be 
disregarded as an entity separate from its owner under this default 
rule). A foreign entity is considered such an existing entity only if 
its classification immediately prior to the effective date of these 
regulations is relevant to any person for federal tax purposes; other 
foreign entities formed prior to the effective date of these 
regulations would be considered new entities at the time that their 
federal tax classification became relevant and, therefore, would be 
required to file a classification election or be classified under the 
general default rule described above.
    Furthermore, under a transition rule discussed below, the IRS 
generally will not challenge an existing entity's claimed 
classification for periods to which the existing regulations apply if 
the entity had a reasonable basis for the claimed classification.
C. Elections
    1. In general. An eligible entity that does not want the 
classification provided by the applicable default provision, or that 
wants to change its classification, may file an election to obtain the 
chosen classification. Some commentators suggested that the election be 
made with Form SS-4 (Application for Employer Identification Number); 
others suggested that the election be made with the filing of the 
entity's first tax return.
    An eligible entity may elect its classification by filing an 
election with the appropriate service center. The proposed regulations 
would require that the election specify the name, address, and taxpayer 
identifying number of the entity, the chosen classification, whether 
the election results in a change in classification, and whether the 
entity is a domestic or foreign entity. It is anticipated that the 
Commissioner will prescribe a form for this purpose, in which case 
elections must be made on such form. The election will be effective on 
a date specified on the election if that date is not more than 75 days 
prior to the date on which the election is filed, or on the date filed 
if no such date is specified on the election. In addition to the 
original election, a business entity that makes an election shall file 
a copy of its election with its federal tax return for the year in 
which the election is effective. If the entity is not required to file 
a return, the Commissioner will require direct or indirect owners of 
the

[[Page 21993]]

entity to include copies of the election with their federal tax 
returns.
    Notice 95-14 suggested that all the members of an electing eligible 
entity would be required to consent unanimously to a classification 
election. Most commentators stated that, although an indication of 
unanimity may be appropriate, a requirement that each member sign the 
election could cause significant administrative difficulties. In 
response to these comments, the proposed regulations require that an 
election be signed by: (1) Each member of the entity, or (2) any 
officer, manager, or owner who is authorized to make the election and 
who represents to having such authorization under penalties of perjury.
    An electing eligible entity also would be required to provide its 
Employer Identification Number (EIN) on the election form. To reduce 
taxpayers' paperwork burdens when an existing entity elects to change 
its classification, the proposed regulations provide that if the entity 
already has an EIN, it will retain it even though it elects to change 
its tax classification. Any organization without an EIN at the time it 
files its election, including an organization that had not previously 
been treated as a separate entity for federal tax purposes, must apply 
for an EIN on Form SS-4 when it files its election. If a new single-
member entity elects to be disregarded as an entity separate from its 
owner, then the taxpayer identifying number of its owner must be 
displayed on the election. The proposed regulations amend 
Sec. 301.6109-1 to reflect these requirements.
    2. Special rule for exempt organizations. A special rule is 
provided for eligible entities that have been determined to be, or 
claim to be, exempt from taxation under section 501(a). A substantial 
majority of exempt organizations (including those employee plans that 
qualify under section 401(a)) will not be eligible entities, either 
because they are properly classified as trusts for federal tax purposes 
or because they are not-for-profit corporations. However, for those 
exempt organizations that are eligible entities, the business entity 
classification that is consistent with the claim for exemption is 
association (taxable as a corporation). Accordingly, the proposed 
regulations provide that a claim or determination of exempt status by 
an eligible entity is treated as an election to be classified as an 
association. Such elections will take effect on the first day for which 
exemption is claimed or determined to apply, regardless of when the 
claim or determination is made, and will remain in effect unless an 
election is made to change that classification after the date that 
either the claim is withdrawn or rejected or the determination is 
revoked.
    3. Limits on changes in classification by election. Notice 95-14 
requested comments on whether the regulations should restrict elections 
to change an entity's classification. To varying degrees, commentators 
supported such a restriction. Under the proposed regulations, an 
eligible entity that makes an election to change its classification 
cannot change its classification by election again during the sixty 
months succeeding the effective date of the election. However, an 
existing entity that elects to change its classification as of the 
effective date of the proposed regulations may elect to change again 
within the first sixty months following the effective date.
    The sixty month limitation only applies to a change in 
classification by election. Thus, if a new eligible entity elects out 
of its default classification effective from its inception, that 
election is not a change in the entity's classification. Furthermore, 
the limitation does not apply if the organization's business actually 
is transferred to another entity. For example, an organization could 
liquidate into its parent, terminate and reform as another entity 
(e.g., by merger), or contribute its business to another organization 
without restriction.
    Taxpayers are reminded that a change in classification, no matter 
how achieved, will have certain tax consequences that must be reported. 
For example, if an organization classified as an association elects to 
be classified as a partnership, the organization and its owners must 
recognize gain, if any, under the rules applicable to liquidations of 
corporations.
D. Certain Partnership Terminations
    Under section 708(b)(1)(B), a partnership is considered terminated 
if within a twelve month period there is a sale or exchange of fifty 
percent or more of the total interests in partnership capital and 
profits. Under this rule, a termination is treated as a liquidation of 
the existing partnership and the formation of a new partnership. 
Accordingly, if an existing partnership terminates under section 
708(b)(1)(B), the newly created entity will be classified as a 
partnership (but could elect to change its classification thereafter).

IV. Effective Date and Transition Rules

    The regulations are proposed to apply generally for periods 
beginning on or after the date the final regulations are published in 
the Federal Register. Sections 301.7701-1 through 301.7701-3 will 
continue to apply until these regulations are effective.
    In addition, the IRS will not challenge the classification of an 
existing eligible entity, or an existing entity described in the list 
of foreign entities that are classified as corporations under the 
proposed regulations, for periods to which the current regulations 
apply if: (1) The entity had a reasonable basis (within the meaning of 
section 6662) for its claimed classification, (2) the entity claimed 
that same classification in all prior years, and (3) neither the entity 
nor any member has been notified in writing on or before May 8, 1996 
that the classification of the entity is under examination (in which 
case the entity's classification will be determined in the 
examination).

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined in EO 12866. Therefore, 
a regulatory assessment is not required. It also has been determined 
that section 553(b) of the Administrative Procedure Act (5 U.S.C. 
chapter 5) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do 
not apply to these regulations, and, therefore, a Regulatory 
Flexibility Analysis is not required. Pursuant to section 7805(f) of 
the Internal Revenue Code, this notice of proposed rulemaking will be 
submitted to the Chief Counsel for Advocacy of the Small Business 
Administration for comment on its impact on small business.

Comments and Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written comments (a signed original 
and eight (8) copies) that are submitted timely to the IRS. All 
comments will be available for public inspection and copying.
    A public hearing has been scheduled for Wednesday, August 21, 1996, 
at 10 a.m. in the Auditorium of the Internal Revenue Building, 1111 
Constitution Avenue, NW., Washington, DC. Because of access 
restrictions, visitors will not be admitted beyond the Internal Revenue 
Building lobby more than 15 minutes before the hearing starts.
    The rules of 26 CFR 601.601(a)(3) apply to the hearing.
    Persons that wish to present oral comments at the hearing must 
submit written comments by August 12, 1996 and submit an outline of the 
topics to be discussed and the time to be devoted to each topic (signed 
original and eight (8) copies) by August 12, 1996.

[[Page 21994]]

    A period of 10 minutes will be allotted to each person for making 
comments.
    An agenda showing the scheduling of the speakers will be prepared 
after the deadline for receiving outlines has passed. Copies of the 
agenda will be available free of charge at the hearing.

Drafting Information

    The principal authors of these regulations are Armando Gomez of the 
Office of Assistant Chief Counsel (Passthroughs and Special Industries) 
and Ronald M. Gootzeit and William H. Morris of the Office of Associate 
Chief Counsel (International). However, other personnel from the IRS 
and Treasury Department participated in their development.

List of Subjects

26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR parts 1 and 301 are proposed to be amended as 
follows:

PART 1--INCOME TAXES

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

    Authority: 26 U.S.C. 7805. * * *

    Par. 2. Section 1.581-1 is revised to read as follows:

Sec. 1.581-1  Tax on banks.

    (a) For an institution to be a bank for purposes of section 581, it 
must be a corporation for federal tax purposes. See Sec. 301.7701-2(b) 
of this chapter for the definition of corporation.
    (b) This section applies to taxable years beginning on or after the 
date that final regulations are published in the Federal Register.

Sec. 1.581-2  [Amended]

    Par. 3. In Sec. 1.581-2, paragraph (a) is amended by removing the 
first sentence.
    Par. 4. In Sec. 1.761-1, paragraph (a) is revised to read as 
follows:

Sec. 1.761-1  Terms defined.

    (a) Partnership. The term partnership means a partnership as 
determined under Secs. 301.7701-1, 301.7701-2, and 301.7701-3.
* * * * *

PART 301--PROCEDURE AND ADMINISTRATION

    Par. 5. The authority citation for part 301 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805.* * *

    Par. 6. Section 301.6109-1, as proposed to be amended in project 
number INTL-0024-94, published on June 8, 1995, at 60 FR 30214, and 
INTL-062-90, INTL-0032-93, INTL-52-86, and INTL-52-94, published on 
April 22, 1996, at 61 FR 17666, is amended as follows:
    1. Paragraph (b)(2)(v) is amended by removing the language ``.'' at 
the end of the paragraph, and replacing it with the language ``; and''.
    2. Paragraph (b)(2)(vi) is added.
    3. The text of paragraph (d)(2) is redesignated as paragraph 
(d)(2)(i).
    4. A paragraph heading is added for newly designated paragraph 
(d)(2)(i).
    5. Paragraph (d)(2)(ii) is added.
    The revisions and additions read as follows:

Sec. 301.6109-1  Identifying numbers.

* * * * *
    (b) * * *
    (2) * * *
    (vi) A foreign person that makes an election under Sec. 301.7701-
3(c).
* * * * *
    (d) * * *
    (2) Employer identification number--(i) In general. * * *
    (ii) Special rule for entities electing to change their federal tax 
classification under Sec. 301.7701-3(c). Any entity that has an 
employer identification number and then elects under Sec. 301.7701-3(c) 
to change its federal tax classification will retain that employer 
identification number.
* * * * *
    Par. 7. Sections 301.7701-1, 301.7701-2, and 301.7701-3 are revised 
to read as follows:

Sec. 301.7701-1  Classification of organizations for federal tax 
purposes.

    (a) Organizations for federal tax purposes--(1) In general. The 
Internal Revenue Code prescribes the classification of various 
organizations for federal tax purposes. Whether an organization is an 
entity separate from its owners for federal tax purposes is a matter of 
federal tax law and does not depend on whether the organization is 
recognized as an entity under local law.
    (2) Certain joint undertakings give rise to entities for federal 
tax purposes. A joint venture or other contractual arrangement may 
create a separate entity for federal tax purposes if the participants 
carry on a trade, business, financial operation, or venture and divide 
the profits therefrom. For example, a separate entity exists for 
federal tax purposes if co-owners of an apartment building lease space 
and in addition provide services to the occupants either directly or 
through an agent. Nevertheless, a joint undertaking merely to share 
expenses does not create a separate entity for federal tax purposes. 
For example, if two or more persons jointly construct a ditch merely to 
drain surface water from their properties, they have not created a 
separate entity for federal tax purposes. Similarly, mere co-ownership 
of property that is maintained, kept in repair, and rented or leased 
does not constitute a separate entity for federal tax purposes. For 
example, if an individual owner, or tenants in common, of farm property 
lease it to a farmer for a cash rental or a share of the crops, they do 
not necessarily create a separate entity for federal tax purposes.
    (3) Certain local law entities not recognized. An entity formed 
under local law is not always recognized as a separate entity for 
federal tax purposes. For example, an organization wholly owned by a 
State is not recognized as a separate entity for federal tax purposes 
if it is an integral part of the State. Similarly, tribes incorporated 
under section 17 of the Indian Reorganization Act of 1934, as amended, 
25 U.S.C. 477, or under section 3 of the Oklahoma Indian Welfare Act, 
as amended, 25 U.S.C. 503, are not recognized as separate entities for 
federal tax purposes.
    (4) Single owner organizations. Under Secs. 301.7701-2 and 
301.7701-3, certain organizations that have a single owner can choose 
to be recognized or disregarded as entities separate from their owners.
    (b) Classification of organizations. The classification of 
organizations that are recognized as separate entities is determined 
under Secs. 301.7701-2, 301.7701-3, and 301.7701-4 (unless a provision 
of the Internal Revenue Code provides for special treatment of that 
organization). For the classification of organizations as trusts, see 
Sec. 301.7701-4. That section provides that trusts generally do not 
have associates or an objective to carry on business for profit. 
Sections 301.7701-2 and 301.7701-3 provide rules for classifying 
organizations that are not classified as trusts.
    (c) Qualified cost sharing arrangements. See Sec. 301.7701-3(e) as 
contained in 26 CFR Part 301 as revised as of April 1, 1996.
    (d) Domestic and foreign entities. For purposes of this section and

[[Page 21995]]

Sec. Sec. 301.7701-2 and 301.7701-3, an entity is a domestic entity if 
it is created or organized in the United States or under the law of the 
United States or of any State; an entity is foreign if it is not 
domestic. See sections 7701(a)(4) and (a)(5).
    (e) State. For purposes of this section and Sec. 301.7701-2, the 
term State includes the District of Columbia.
    (f) Effective date. The rules of this section apply to periods 
beginning on or after the date that final regulations are published in 
the Federal Register.

Sec. 301.7701-2  Business entities; definitions.

    (a) Business entities. For purposes of this section and 
Sec. 301.7701-3, a business entity is any entity recognized for federal 
tax purposes (including an entity with a single owner that may be 
disregarded as an entity separate from its owner under Sec. 301.7701-3) 
that is not properly classified as a trust under Sec. 301.7701-4 (or 
otherwise subject to special treatment under the Internal Revenue 
Code). A business entity with two or more members is classified for 
federal tax purposes as either a corporation or a partnership. A 
business entity with only one owner is classified as a corporation or 
is disregarded; if the entity is disregarded, its activities are 
treated in the same manner as a sole proprietorship, branch, or 
division of the owner.
    (b) Corporations. For federal tax purposes, the term corporation 
means--
    (1) A business entity organized under a Federal or State statute, 
or under a statute of a federally recognized Indian tribe, if the 
statute describes or refers to the entity as incorporated or as a 
corporation, body corporate, or body politic;
    (2) An association (as determined under Sec. 301.7701-3);
    (3) A business entity organized under a State statute, if the 
statute describes or refers to the entity as a joint-stock company or 
joint-stock association;
    (4) A business entity that is taxable as an insurance company under 
subchapter L, chapter 1 of the Internal Revenue Code;
    (5) A State-chartered business entity conducting banking 
activities, if any of its deposits are insured under the Federal 
Deposit Insurance Act, as amended, 12 U.S.C. 1811 et seq., or a similar 
federal statute;
    (6) A business entity wholly owned by a State or any political 
subdivision thereof;
    (7) A business entity that is taxable as a corporation under a 
provision of the Internal Revenue Code other than section 7701(a)(3); 
and
    (8) Except as provided in paragraph (d) of this section, the 
following business entities formed in the following jurisdictions:

American Samoa, Corporation
Argentina, Sociedad Anonima
Aruba, Naamloze Vennootschap
Australia, Public Limited Company
Austria, Aktiengesellschaft
Barbados, Limited Company
Belize, Public Limited Company
Belgium, Societe Anonyme or Naamloze Vennootschap
Bolivia, Sociedad Anonima
Brazil, Sociedade Anonima
Canada, Corporation
Chile, Sociedad Anonima
People's Republic of China, Company Limited by Shares
Republic of China (Taiwan), Company Limited by Shares
Colombia, Sociedad Anonima
Costa Rica, Sociedad Anonima
Cyprus, Public Limited Company
Czech Republic, Akciova Spolecnost
Denmark, Aktieselskab
Ecuador, Sociedad Anonima or Compania Anonima
El Salvador, Sociedad Anonima
Egypt, Sharikat Al-Mossahamah
Finland, Osakeyhtio/Aktiebolag
France, Societe Anonyme
Germany, Aktiengesellschaft
Greece, Anonymos Etairia
Guam, Corporation
Guatemala, Sociedad Anonima
Guyana, Public Limited Company
Honduras, Sociedad Anonima
Hong Kong, Public Limited Company
Hungary, Reszvenytarsasag
Iceland, Hlutafelag
India, Public Limited Company
Indonesia, Perseroan Terbatas
Ireland, Public Limited Company
Israel, Public Limited Company
Italy, Societa per Azioni
Jamaica, Public Limited Company
Japan, Kabushiki Kaisha
Kazakstan, Ashyk Aktsionerlik Kogham
Republic of Korea, Chusik Hoesa
Liberia, Corporation
Luxembourg, Societe Anonyme
Malaysia, Berhad
Malta, Partnership Anonyme
Mexico, Sociedad Anonima
Morocco, Societe Anonyme
Netherlands, Naamloze Vennootschap
Netherlands Antilles, Naamloze Vennootschap
New Zealand, Limited Company
Nicaragua, Compania Anonima
Nigeria, Public Limited Company
Northern Mariana Islands, Corporation
Norway, Aksjeselskap
Pakistan, Public Limited Company
Panama, Sociedad Anonima
Paraguay, Sociedad Anonima
Peru, Sociedad Anonima
Philippines, Stock Corporation
Poland, Spolka Akcyjna
Portugal, Sociedade Anonima
Puerto Rico, Corporation
Romania, Societe pe Actiuni
Russia, Otkrytoye Aktsionernoy Obshchestvo
Saudi Arabia, Sharikat Al-Mossahamah
Singapore, Public Limited Company
Slovak Republic, Akciova Spolocnost
South Africa, Public Limited Company
Spain, Sociedad Anonima
Surinam, Naamloze Vennootschap
Sweden, Aktiebolag
Switzerland, Aktiengesellschaft or Societe Anonyme
Thailand, Borisat Chamkad (Machachon)
Trinidad & Tobago, Public Limited Company
Turkey, Anonim Sirket
Tunisia, Societe Anonyme
Ukraine, Aktsionerne Tovaristvo Vidkritogo Tipu
United Kingdom, Public Limited Company
United States Virgin Islands, Corporation
Uruguay, Sociedad Anonima
Venezuela, Sociedad Anonima or Compania Anonima

    (c) Other business entities. For federal tax purposes--
    (1) The term partnership means a business entity that is not a 
corporation under paragraph (b) of this section and that has at least 
two members; and
    (2) A business entity that has a single owner and is not a 
corporation under paragraph (b) of this section is disregarded as an 
entity separate from its owner.
    (d) Special rule for certain foreign business entities. A foreign 
business entity described in paragraph (b)(8) of this section is 
classified as a partnership if--
    (1) The entity was in existence and claimed to be a partnership on 
May 8, 1996 and for all prior periods;
    (2) That classification was relevant to any person for federal tax 
purposes at any time during the period that includes May 8, 1996;
    (3) The entity had a reasonable basis (within the meaning of 
section 6662) for claiming partnership classification; and
    (4) Neither the entity nor any member has been notified in writing 
on or before May 8, 1996 that the classification of the entity is under 
examination (in which case the entity's classification will be 
determined in the examination).
    (e) Effective date. The rules of this section apply to periods 
beginning on or after the date that final regulations are published in 
the Federal Register.

[[Page 21996]]

Sec. 301.7701-3  Classification of certain business entities.

    (a) In general. A business entity that is not classified as a 
corporation under Sec. 301.7701-2(b) (1), (3), (4), (5), (6), (7), or 
(8) (an eligible entity) can elect its classification for federal tax 
purposes as provided in this section. An eligible entity with at least 
two members can elect to be classified as either an association (and 
thus a corporation under Sec. 301.7701-2(b)(2)) or a partnership, and 
an eligible entity with a single member can elect to be classified as 
an association or to be disregarded as an entity separate from its 
owner. Paragraph (b) of this section provides a default classification 
for an eligible entity that does not make an election. Thus, elections 
are necessary only when an eligible entity chooses to be classified 
initially as other than the default classification or when an eligible 
entity chooses to change its classification. Paragraph (c) of this 
section provides rules for making express elections. Paragraph (d) of 
this section provides a special rule for classifying an entity created 
pursuant to a termination of a partnership under section 708(b)(1)(B). 
Paragraph (e) of this section sets forth the effective date of this 
section and a special rule relating to prior periods.
    (b) Classification of eligible entities that do not file an 
election--(1) Domestic eligible entities. Except as provided in 
paragraph (b)(3) of this section, unless the entity elects otherwise, a 
domestic eligible entity is--
    (i) A partnership if it has two or more members; or
    (ii) Disregarded as an entity separate from its owner if it has a 
single owner.
    (2) Foreign eligible entities--(i) In general. Except as provided 
in paragraph (b)(3) of this section, unless the entity elects 
otherwise, a foreign eligible entity is--
    (A) A partnership if it has two or more members and any member has 
unlimited liability;
    (B) An association if no member has unlimited liability; or
    (C) Disregarded as an entity separate from its owner if it has a 
single owner that has unlimited liability.
    (ii) Definition of unlimited liability. For purposes of paragraph 
(b)(2)(i) of this section, a member of a foreign eligible entity has 
unlimited liability if the member has personal liability for the debts 
of or claims against the entity, by reason of being a member, based 
solely on the statute or law pursuant to which the entity is organized. 
A member has personal liability if creditors of the entity may seek 
satisfaction of debts of or claims against the entity from the member 
as such. A member has personal liability for purposes of this paragraph 
even if the member makes an agreement under which another person 
(whether or not a member of the entity) assumes such liability or 
agrees to indemnify such member for any such liability.
    (3) Existing eligible entities. Unless the entity elects otherwise, 
an eligible entity in existence prior to the effective date of this 
section will have the same classification that the entity claimed under 
Secs. 301.7701-1 through 301.7701-3 as in effect on the date prior to 
the effective date of this section; except that if an eligible entity 
with a single owner claimed to be a partnership under those 
regulations, the entity will be disregarded as an entity separate from 
its owner under this paragraph. For special rules regarding the 
classification of such entities for periods prior to the effective date 
of this section, see paragraph (e)(2) of this section. For purposes of 
this paragraph, a foreign eligible entity is treated as being in 
existence prior to the effective date of this section only if the 
entity's classification is relevant to any person for federal tax 
purposes at any time during the period that includes the date 
immediately prior to the effective date of this section.
    (c) Elections--(1) Time and place for filing--(i) In general. 
Except as provided in paragraphs (c)(1)(ii) and (iii) of this section, 
an eligible entity may elect to be classified other than as provided 
under paragraph (b) of this section, or to change its classification, 
by filing an election with the appropriate service center. Such an 
election shall specify the name, address, and taxpayer identifying 
number of the entity, the chosen classification, whether the election 
results in a change in classification, and whether the entity is a 
domestic or foreign entity. The election will be effective on the date 
specified on the election if that date is not more than 75 days prior 
to the date on which the election is filed, or on the date filed if no 
such date is specified on the election. If the Commissioner prescribes 
a form for this purpose, the election shall be made on such form. See 
Sec. 301.6109-1 for rules on applying for and displaying Employer 
Identification Numbers.
    (ii) Limitation. If an eligible entity makes an election under this 
paragraph (c) to change its classification (other than an election made 
by an existing entity to change its classification as of the effective 
date of this section), it cannot change its classification by election 
again during the sixty months succeeding the effective date of the 
election.
    (iii) Special rule for exempt organizations. An eligible entity 
that has been determined to be, or claims to be, exempt from taxation 
under section 501(a) is treated as having made an election under this 
section to be classified as an association. Such election will be 
effective as of the first date for which exemption is claimed or 
determined to apply, regardless of when the claim or determination is 
made, and will remain in effect unless an election is made under 
paragraph (c)(1)(i) of this section after the date the claim for exempt 
status is withdrawn or rejected or the date the determination of exempt 
status is revoked.
    (iv) Examples. The following examples illustrate the rules of this 
paragraph (c)(1):

    Example 1. On July 1, 1998, X, a domestic corporation, purchases 
a 10% interest in Y, an eligible entity formed under Country A law 
in 1990. The entity's classification was not relevant to any person 
for federal tax purposes prior to X's acquisition of an interest in 
Y. Thus, Y is not considered to be in existence on the effective 
date of this section for purposes of paragraph (b)(3) of this 
section. Under the applicable Country A statute, no member of Y has 
unlimited liability as defined in paragraph (b)(2)(ii) of this 
section. Accordingly, Y is classified as an association under 
paragraph (b)(2)(i)(B) of this section unless it elects under 
paragraph (c) of this section to be classified as a partnership. To 
be classified as a partnership as of July 1, 1998, Y must file the 
election by September 13, 1998. See paragraph (c)(1)(i) of this 
section. Because an election cannot be effective more than 75 days 
prior to the date on which it is filed, if Y files its election 
after September 13, 1998, it will be classified as an association 
from July 1, 1998, until the effective date of the election. In that 
case, it could not change its classification by election under 
paragraph (c) of this section during the sixty months succeeding the 
effective date of the election.
    Example 2. (i) Z is an eligible entity formed under Country B 
law and is in existence on the effective date of this section within 
the meaning of paragraph (b)(3) of this section. Prior to the 
effective date of this section, Z claimed to be classified as an 
association. Unless Z files an election under paragraph (c) of this 
section, it will continue to be classified as an association under 
paragraph (b)(3) of this section.
    (ii) Z files an election under paragraph (c) of this section to 
be classified as a partnership, effective as of the effective date 
of this section. Z can file an election to be classified as an 
association at any time thereafter, but then would not be permitted 
to change its classification by election during the sixty months 
succeeding the effective date of that subsequent election.

    (2) Authorized signatures. An election made under paragraph 
(c)(1)(i) of this section must be signed by--

[[Page 21997]]

    (i) Each member of the electing entity; or
    (ii) Any officer, manager, or member of the electing entity who is 
authorized to make the election and who represents to having such 
authorization under penalties of perjury.
    (3) Further notification of elections. An eligible entity required 
to file a federal tax return for the taxable year for which an election 
is made under paragraph (c)(1)(i) of this section shall attach a copy 
of the form filed in accordance with paragraph (c)(1)(i) of this 
section to its federal tax return for that year. If the entity is not 
required to file a return for that year, the Commissioner will require 
that a copy of such form be attached to the federal income tax return 
of any direct or indirect owner of the entity for the taxable year of 
the owner that includes the date on which the election was effective.
    (d) Special rule for certain partnership terminations. When a 
partnership terminates by operation of section 708(b)(1)(B) (on the 
sale or exchange of fifty percent or more of the total interests in 
partnership capital or profits within a twelve month period), the 
resulting entity created by such termination is a partnership.
    (e) Effective date--(1) In general. The rules of this section apply 
to periods beginning on or after the date that final regulations are 
published in the Federal Register.
    (2) Prior treatment of existing entities. In the case of a business 
entity that is not described in Sec. 301.7701-2(b) (1), (3), (4), (5), 
(6), or (7), and that is in existence prior to the effective date of 
this section, the entity's claimed classification will be respected for 
all periods prior to the effective date of this section if--
    (i) The entity had a reasonable basis (within the meaning of 
section 6662) for its claimed classification;
    (ii) The entity claimed that same classification for all prior 
periods; and
    (iii) Neither the entity nor any member has been notified in 
writing on or before May 8, 1996 that the classification of the entity 
is under examination (in which case the entity's classification will be 
determined in the examination).
    Par. 8. Section 301.7701-4 is amended as follows:
    1. The last sentence of paragraphs (b), (c)(1), (c)(2) Example 1, 
and (c)(2) Example 3 are revised.
    2. Paragraph (f) is added.
    The revisions and additions read as follows:

Sec. 301.7701-4  Trusts.

* * * * *
    (b) Business trusts. * * * The fact that any organization is 
technically cast in the trust form, by conveying title to property to 
trustees for the benefit of persons designated as beneficiaries, will 
not change the real character of the organization if the organization 
is more properly classified as a business entity under Sec. 301.7701-2.
    (c) * * * (1) * * * An investment trust with multiple classes of 
ownership interests ordinarily will be classified as a business entity 
under Sec. 301.7701-2; however, an investment trust with multiple 
classes of ownership interests, in which there is no power under the 
trust agreement to vary the investment of the certificate holders, will 
be classified as a trust if the trust is formed to facilitate direct 
investment in the assets of the trust and the existence of multiple 
classes of ownership interests is incidental to that purpose.
    (2) * * *
    Example 1. * * * As a consequence, the existence of multiple 
classes of trust ownership is not incidental to any purpose of the 
trust to facilitate direct investment, and, accordingly, the trust 
is classified as a business entity under Sec. 301.7701-2.
* * * * *
    Example 3. * * * Accordingly, the trust is classified as a 
business entity under Sec. 301.7701-2.
* * * * *
    (f) Effective date. The rules of this section generally apply to 
taxable years beginning after December 31, 1960. Paragraph (e)(5) of 
this section contains rules of applicability for paragraph (e) of this 
section. In addition, the last sentences of paragraphs (b), (c)(1), and 
(c)(2) Example 1 and Example 3 of this section apply to taxable years 
beginning on or after the date that final regulations are published in 
the Federal Register.
    Par. 9. Section 301.7701-6 is revised to read as follows:

Sec. 301.7701-6  Definitions; person, fiduciary.

    (a) Person. The term person includes an individual, a corporation, 
a partnership, a trust or estate, a joint-stock company, an 
association, or a syndicate, group, pool, joint venture, or other 
unincorporated organization or group. The term also includes a 
guardian, committee, trustee, executor, administrator, trustee in 
bankruptcy, receiver, assignee for the benefit of creditors, 
conservator, or any person acting in a fiduciary capacity.
    (b) Fiduciary--(1) In general. Fiduciary is a term that applies to 
persons who occupy positions of peculiar confidence toward others, such 
as trustees, executors, and administrators. A fiduciary is a person who 
holds in trust an estate to which another has a beneficial interest, or 
receives and controls income of another, as in the case of receivers. A 
committee or guardian of the property of an incompetent person is a 
fiduciary.
    (2) Fiduciary distinguished from agent. There may be a fiduciary 
relationship between an agent and a principal, but the word agent does 
not denote a fiduciary. An agent having entire charge of property, with 
authority to effect and execute leases with tenants entirely on his own 
responsibility and without consulting his principal, merely turning 
over the net profits from the property periodically to his principal by 
virtue of authority conferred upon him by a power of attorney, is not a 
fiduciary within the meaning of the Internal Revenue Code. In cases 
when no legal trust has been created in the estate controlled by the 
agent and attorney, the liability to make a return rests with the 
principal.
    (c) Effective date. The rules of this section are effective on the 
date that final regulations are published in the Federal Register.

Sec. 301.7701-7  [Removed]

    Par. 10. Section 301.7701-7 is removed.
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 96-11780 Filed 5-9-96; 8:45 am]
BILLING CODE 4830-01-U

Complete official Federal Register PDF

FR Doc. 96-11779 Termination of a Partnership under Section 708(b)(1)(B)
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21985-21988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11779]

=======================================================================
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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[PS-5-96]
RIN 1545-AU14

Termination of a Partnership under Section 708(b)(1)(B)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking and notice of public hearing.

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SUMMARY: This document contains proposed regulations relating to the 
termination of a partnership upon the sale or exchange of 50 percent or 
more of the total interest in partnership capital and profits. The 
proposed regulations affect all partners and partnerships that 
terminate under section 708(b)(1)(B).

DATES: Written comments and requests to speak (with outlines of oral 
comments) at a public hearing scheduled for September 5, 1996, must be 
received by August 15, 1996.

ADDRESSES: Send submissions to: CC:DOM:CORP:R (PS-5-96), room 5228, 
Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, 
DC 20044. In the alternative, submissions may be hand delivered between 
the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:R (PS-5-96), Courier's 
Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., 
Washington, DC. The public hearing will be held in the IRS Auditorium, 
Seventh Floor, 7400 Corridor, Internal Revenue Building, 1111 
Constitution Avenue, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Steven R. Schneider, (202) 622-3060; concerning submissions and the 
hearing, Christina Vasquez, (202) 622-7190; (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Introduction

    This document proposes to revise section 1.708-1(b)(1)(iv) of the 
Income

[[Page 21986]]

Tax Regulations (26 CFR Part 1) under section 708(b)(1)(B) of the 
Internal Revenue Code (Code). This document also proposes revisions to 
other sections of the Income Tax Regulations to reflect the proposed 
revision to Sec. 1.708- 1(b)(1)(iv).

Background

    Section 708(b)(1)(B) provides that, for purposes of section 708(a), 
a partnership shall be considered terminated if within a 12-month 
period there is a sale or exchange of 50 percent or more of the total 
interest in partnership capital and profits. The Code and the 
legislative history to section 708(b)(1)(B) do not specify the tax 
consequences of that termination or the steps by which such a 
termination occurs.
    However, Sec. 1.708-1(b)(1)(iv) of the Income Tax Regulations 
provides that, if a partnership is terminated by a sale or exchange of 
an interest, the following is deemed to occur: the partnership 
distributes its properties to the purchaser and the other remaining 
partners in proportion to their respective interests in the partnership 
properties; and, immediately thereafter, the purchaser and the other 
remaining partners contribute the properties to a new partnership, 
either for the continuation of the business or for its dissolution and 
winding up.
    The distribution of property that is deemed to occur upon a 
termination under section 708(b)(1)(B) is treated like an actual 
distribution for federal tax purposes. As a result, a continuing 
partner may recognize gain under section 731(a) if the amount of money 
deemed distributed to the partner (including any money deemed 
distributed upon a shift in liabilities under section 752) exceeds the 
partner's basis in the partnership interest. In addition, the 
distribution may affect the basis of the partnership's assets because 
the basis of the distributed property in the hands of the partners (and 
thus in the hands of the reconstituted partnership) is determined under 
section 732(b) by reference to the partners' bases in their partnership 
interests. Another possible consequence of the deemed distribution is a 
change in the holding periods of the partners' interests in the 
partnership.
    The deemed distribution of partnership property that occurs on a 
termination raises particular concerns with respect to the interaction 
of sections 708(b)(1)(B), 704(c), and 737. Section 704(c)(1)(A) 
requires that gain or loss with respect to property contributed to a 
partnership by a partner be shared among the partners so as to take 
into account any built-in gain or loss in the property at the time of 
the contribution. Section 704(c)(1)(B) provides that, if property 
contributed by a partner is distributed to another partner within five 
years, the contributing partner must recognize gain or loss in an 
amount equal to the gain or loss the partner would have been allocated 
under section 704(c)(1)(A) on a sale of the property by the 
partnership. Section 737 provides that, if property is distributed to a 
partner that had contributed other property to the partnership within 
five years, the distributee partner must recognize gain equal to the 
lesser of (i) the net precontribution gain on property contributed by 
the partner, or (ii) the excess of the value of the distributed 
property over the adjusted basis of the partner's interest in the 
partnership. Net precontribution gain is the net gain, if any, that 
would have been recognized by the distributee partner under section 
704(c)(1)(B) if all partnership property contributed by the distributee 
partner within five years of the distribution had been distributed to 
another partner.
    The legislative history of sections 704(c)(1)(B) and 737 indicates 
that Congress intended these sections to be coordinated with the rules 
governing partnership terminations under section 708(b)(1)(B). The 
legislative history states that such coordination will provide that (1) 
no gain is recognized under sections 704(c)(1)(B) and 737 as a result 
of a deemed distribution on termination; (2) the deemed distribution 
will not change the application of the sharing requirements of section 
704(c) to precontribution gain or loss with respect to property 
contributed to the partnership before the termination; and (3) the 
constructive contribution of partnership property to a new partnership 
is treated as beginning a new five-year period for all contributed 
property to the extent that the pretermination appreciation in the 
value of property was not already required to be allocated to the 
original contributor (if any) of the property. H.R. Rep. No. 247, 101st 
Cong., 1st Sess. 1355 (1989); H.R. Conf. Rep. No. 1018, 102d Cong., 2d 
Sess. 428 (1992). These results are difficult to integrate with the 
current regulations under section 708(b)(1)(B). The difficulty arises 
primarily because the section 708(b)(1)(B) regulations provide for a 
pro rata distribution of property to the partners, while the 
legislative history seems to contemplate that partnership property 
previously contributed to the partnership by a partner will be 
distributed to that partner, at least to the extent of the remaining 
built-in gain or loss in the property.
    The IRS and Treasury Department recently issued final regulations 
under sections 704(c)(1)(B) and 737. Commentators, however, noted that 
the approach taken in the legislative history and the final regulations 
would not be required if the section 708(b)(1)(B) regulations did not 
create a deemed distribution of partnership property to the partners as 
part of a section 708(b)(1)(B) termination. The preamble to the final 
regulations indicated that the IRS and Treasury would consider issuing 
separate guidance on the interaction of sections 704(c) and 
708(b)(1)(B) and invited additional comments and suggestions regarding 
the project.

Explanation of Provisions

    The proposed regulations under section 708(b)(1)(B) provide that, 
if a partnership is terminated by a sale or exchange of an interest, 
the following is deemed to occur: the partnership transfers all of its 
assets and liabilities to a new partnership in exchange for an interest 
in the new partnership; immediately thereafter, the terminated 
partnership distributes interests in the new partnership to the 
purchasing partner and the other remaining partners in liquidation of 
the terminated partnership, either for the continuation of the business 
or for its dissolution and winding up.
    Under the proposed regulations, a termination under section 
708(b)(1)(B) will no longer result in a deemed distribution of the 
terminated partnership's assets to the purchasing and remaining 
partners. As a result, the federal tax consequences of a termination 
that result from the deemed distribution of assets will no longer occur 
on a section 708(b)(1)(B) termination. Such consequences include the 
possibility of gain under section 731(a), a change in the partnership's 
basis in partnership property, and the commencement of a new five-year 
period for purposes of sections 704(c)(1)(B) and 737. In addition, the 
interaction between section 704(c) and section 708(b)(1)(B) is greatly 
simplified under the proposed regulation. The section 704(c) property 
held by the terminated partnership (and deemed contributed to a new 
partnership) will continue to be treated as section 704(c) property in 
the hands of the new partnership under Sec. 1.704-3(a)(9). A 
distribution of property by the new partnership will have the same 
effect for purposes of section 704(c)(1)(B) and section 737 as a 
distribution from the terminated partnership. See Secs. 1.704-

[[Page 21987]]

4(c)(4) and 1.737-2(b)(1) as proposed to be amended by this document.
    The proposed regulations do not change the federal tax consequences 
of a termination under section 708(b)(1)(B) to the extent that the 
consequences were not dependent on the deemed distribution. Such 
consequences will continue under the proposed regulations. For example, 
the tax year of the terminated partnership will still close as a result 
of the termination, the elections of the terminated partnership will be 
invalidated, and a termination will continue to be treated as a 
liquidation under the section 704(b) regulations.
    In addition, the proposed regulations will not change the effect of 
a termination on the depreciation of partnership property by the new 
partnership. Property deemed contributed to the new partnership will 
continue to be subject to the anti- churning provisions of section 
168(f)(5), which generally require the new partnership to depreciate 
the property as if it were newly acquired property under the same 
depreciation system used by the terminated partnership. This result is 
required by statute and is not affected by the specific mechanics of a 
termination under section 708(b)(1)(B). See Code sections 168(f)(5); 
168(i)(7); 168(e)(4) and (f)(10) (repealed 1986).
    This document also contains proposed regulations under sections 
704(b), 704(c)(1)(B), 743(b), 737, and 761(e). These proposed 
regulations relate to the elimination of a deemed distribution of 
partnership assets as part of a section 708(b)(1)(B) termination. The 
proposed regulations under section 704(b) will eliminate the reference 
to a deemed contribution of partnership property by the partners of the 
continuing partnership. The proposed regulations under sections 
704(c)(1)(B) and 737 provide that a termination under section 
708(b)(1)(B) does not commence a new five-year period for partnership 
property and that a distribution of property by the new partnership 
will be treated in the same manner as a distribution by the terminated 
partnership would have been treated. Although the legislative history 
suggests the beginning of a new five year period for built in gain or 
loss in the property deemed contributed to the new partnership, that 
legislative history was commenting on a deemed contribution of property 
by the partners to the new partnership, as then required by the section 
708 regulations. Under the approach proposed in this regulation, a new 
five year period is no longer appropriate.
    The proposed regulations under section 743(b) provide that any 
special basis adjustment a partner has in assets of the terminated 
partnership as a result of a section 754 election will carry over to 
the new partnership. The proposed regulations under section 761(e) 
provide that the distribution of interests in the new partnership by 
the terminated partnership is not treated as a sale or exchange of the 
interests in the new partnership. This provision is necessary to 
prevent the distribution of interests in the new partnership from 
causing a termination of the new partnership.

Proposed Effective Date

    This section is proposed to apply to terminations of partnerships 
under section 708(b)(1)(B) occurring on or after the date on which 
these regulations are published as final regulations in the Federal 
Register.

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined in EO 12866. Therefore, 
a regulatory assessment is not required. It has also been determined 
that section 553(b) of the Administrative Procedure Act (5 U.S.C. 
chapter 5) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do 
not apply to these regulations, and, therefore, a Regulatory 
Flexibility Analysis is not required. Pursuant to section 7805(f) of 
the Internal Revenue Code, this notice of proposed rulemaking will be 
submitted to the Chief Counsel for Advocacy of the Small Business 
Administration for comment on its impact on small business.

Comments and Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written comments (a signed original 
and eight (8) copies) that are timely submitted to the IRS. All 
comments will be available for public inspection and copying.
    A public hearing has been scheduled for September 5, 1996, at 10 
a.m. in the Auditorium of the Internal Revenue Building, 1111 
Constitution Avenue NW., Washington, DC. Because of access 
restrictions, visitors will not be admitted beyond the Internal Revenue 
Building lobby more than 15 minutes before the hearing starts.
    The rules of 26 CFR 601.601(a)(3) apply to the hearing.
    Persons that wish to present oral comments at the hearing must 
submit written comments by August 15, 1996, and submit an outline of 
the topics to be discussed and the time to be devoted to each topic 
(signed original and eight (8) copies) by August 15, 1996.
    A period of 10 minutes will be allotted to each person for making 
comments.
    An agenda showing the scheduling of the speakers will be prepared 
after the deadline for receiving outlines has passed. Copies of the 
agenda will be available free of charge at the hearing.

Drafting Information

    The principal author of these regulations is Steven R. Schneider of 
the Office of Assistant Chief Counsel (Passthroughs and Special 
Industries), IRS. However, other personnel from the IRS and Treasury 
Department participated in their development.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1--INCOME TAXES

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

    Authority: 26 U.S.C. 7805. * * *
    Section 1.704-4 also issued under 26 U.S.C. 704(c). * * *

    Par. 2. Section 1.704-1 is amended as follows:
    1. Paragraph (b)(2)(iv)(l) is amended by removing the fourth 
sentence.
    2. Paragraph (b)(5) Example 13(v) is amended by removing sentences 
five to the end and adding five new sentences in their place.
    The revisions and addition read as follows:

Sec. 1.704-1  Partner's distributive share.

* * * * *
    (b) * * *
    (5) * * *

    Example 13. * * *
    (v) * * * In accordance with paragraph (b)(2)(iv)(e) of this 
section, the partnership agreement provides that the partners' 
capital accounts are adjusted to reflect how unrealized taxable gain 
would have been allocated if the property distributed to the 
partners in liquidation of the partnership (i.e., the interest in 
the new partnership constructively received by the terminated 
partnership under Sec. 1.708-1(b)(1)(iv)) had been sold for its fair 
market value of $40,000. Accordingly, the $18,000 of unrealized gain 
($40,000 less $22,000 adjusted tax basis) is credited to the 
partners' capital accounts as follows:

[[Page 21988]]

                                                        Z          LK   
Capital account following sale....................    $11,000    $11,000
Deemed sale adjustment............................      9,000      9,000
                                                   ---------------------
Capital account before constructive liquidation...     20,000     20,000
                                                                        

Constructive liquidating distributions of the interests in the new 
partnership are made with reference to its $40,000 fair market 
value. Under section 732(b), the adjusted tax basis of the 50 
percent interest in the new partnership constructively distributed 
to Z is equal to the $11,000 adjusted tax basis of Z's partnership 
interest before the constructive liquidation, and the adjusted tax 
basis of the 50 percent interest in the new partnership 
constructively distributed to LK is equal to the $20,000 adjusted 
tax basis of LK's partnership interest before the constructive 
liquidation. Under paragraph (b)(2)(iv)(d) of this section, the 
capital account of the terminated partnership with respect to the 
new partnership would be $40,000 (i.e., the fair market value of the 
property constructively contributed to the new partnership by the 
terminated partnership). The capital accounts of Z and LK with 
respect to the constructively distributed interests in the new 
partnership are stated at $20,000 (i.e., one-half of the $40,000 
capital account of the terminated partnership). This Example 13(v) 
applies to terminations of partnerships under section 708(b)(1)(B) 
occurring on or after the date on which these regulations are 
published as final regulations in the Federal Register.
* * * * *

    Par. 3. Section 1.704-4 is amended by revising paragraphs 
(a)(4)(ii) and (c)(3) to read as follows:

Sec. 1.704-4   Distribution of contributed property.

    (a) * * *
    (4) * * *
    (ii) Section 708(b)(1)(B) terminations. A termination of the 
partnership under section 708(b)(1)(B) does not begin a new five-year 
period for each partner with respect to the built-in gain and built-in 
loss property that the terminated partnership is deemed to contribute 
to a new partnership following the termination. See Sec. 1.704-
3(a)(3)(ii) for the definitions of built-in gain and built-in loss on 
section 704(c) property. This paragraph (a)(4)(ii) applies to 
terminations of partnerships under section 708(b)(1)(B) occurring on or 
after the date on which these regulations are published as final 
regulations in the Federal Register.
* * * * *
    (c) * * *
    (3) Section 708(b)(1)(B) terminations. Section 704(c)(1)(B) and 
this section do not apply to a deemed distribution of interests in a 
new partnership caused by a termination of a partnership under section 
708(b)(1)(B). A subsequent distribution of section 704(c) property by 
the new partnership to a partner of the new partnership is subject to 
section 704(c)(1)(B) to the same extent that a distribution by the 
terminated partnership would have been subject to section 704(c)(1)(B). 
See also Sec. 1.737-2(a) for a similar rule in the context of section 
737. This paragraph (c)(3) applies to terminations of partnerships 
under section 708(b)(1)(B) occurring on or after the date on which 
these regulations are published as final regulations in the Federal 
Register.
* * * * *
    Par. 4. In Sec. 1.708-1, paragraph (b)(1)(iv) is amended by 
removing the first sentence and adding two new sentences in its place 
to read as follows:

Sec. 1.708-1   Continuation of Partnership.

* * * * *
    (b) * * *
    (1) * * *
    (iv) If a partnership is terminated by a sale or exchange of an 
interest, the following is deemed to occur: The partnership transfers 
all of its assets and liabilities to a new partnership in exchange for 
an interest in the new partnership; and, immediately thereafter, the 
terminated partnership distributes an interest in the new partnership 
to the purchasing partner and the other remaining partners in 
liquidation of the terminated partnership, either for the continuation 
of the business of the new partnership or for its dissolution and 
winding up. The first sentence of this paragraph (b)(1)(iv) applies to 
terminations of partnerships under section 708(b)(1)(B) occurring on or 
after the date on which these regulations are published as final 
regulations in the Federal Register. * * *
* * * * *
    Par. 5. Section 1.743-1 is amended by adding paragraph (d) as 
follows:

Sec. 1.743-1  Optional adjustment to basis of partnership property.

* * * * *
    (d) Section 708(b)(1)(B) terminations. A partner with a special 
basis adjustment in property held by a partnership that terminates 
under section 708(b)(1)(B) will continue to have the same special basis 
adjustment with respect to property contributed by the terminated 
partnership to the new partnership under Sec. 1.708-1(b)(1)(iv). This 
paragraph (d) applies to terminations of partnerships under section 
708(b)(1)(B) occurring on or after the date on which these regulations 
are published as final regulations in the Federal Register.
    Par. 6. In Sec. 1.737-2, paragraph (a) is revised to read as 
follows:

Sec. 1.737-2  Exceptions and special rules.

    (a) Section 708(b)(1)(B) terminations. Section 737 and this section 
do not apply to a deemed distribution of interests in a new partnership 
caused by a termination of a partnership under section 708(b)(1)(B). A 
subsequent distribution of section 704(c) property by the new 
partnership to a partner of the new partnership is subject to section 
737 to the same extent that a distribution by the terminated 
partnership would have been subject to section 737. See also 
Sec. 1.704-4(c)(3) for a similar rule in the context of section 
704(c)(1)(B). This paragraph (a) applies to terminations of 
partnerships under section 708(b)(1)(B) occurring on or after the date 
on which these regulations are published as final regulations in the 
Federal Register.
* * * * *
    Par 7. In Sec. 1.761-1, paragraph (e) is added to read as follows:

Sec. 1.761-1  Terms defined.

* * * * *
    (e) Distribution of partnership interest. For purposes of section 
708(b)(1)(B) and Sec. 1.708-1(b)(1)(iv), the distribution of an 
interest in a new partnership by a partnership that terminates under 
section 708(b)(1)(B) is not a sale or exchange of an interest in the 
new partnership. This paragraph (e) applies to terminations of 
partnerships under section 708(b)(1)(B) occurring on or after the date 
on which these regulations are published as final regulations in the 
Federal Register.
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 96-11779 Filed 5-9-96; 8:45 am]
BILLING CODE 4830-01-U

Complete official Federal Register PDF

FR Doc. 96-11778 Reissuance of Mortgage Credit Certificates; Hearing Cancellation
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21988-21989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11778]

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DEPARTMENT OF THE TREASURY
26 CFR Part 1

[FI-47-92]
RIN 1545-AR76

Reissuance of Mortgage Credit Certificates; Hearing Cancellation

AGENCY: Internal Revenue Service, Treasury.

[[Page 21989]]

ACTION: Cancellation of notice of public hearing on proposed 
rulemaking.

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SUMMARY: This document provides notice of cancellation of a public 
hearing on proposed regulations relating to implementing a provision of 
the Tax reform Act of 1984 permitting the reissuance of mortgage credit 
certificates.

DATES: The public hearing originally scheduled for May 22, 1996, 
beginning at 10:00 a.m. is cancelled.

FOR FURTHER INFORMATION CONTACT: Evangelista C. Lee of the Regulations 
Unit, Assistant Chief Counsel (Corporate), (202) 622-7190 (not a toll 
free number).

SUPPLEMENTARY INFORMATION: The subject of the public hearing is 
proposed amendments to the Income Tax Regulations under section 25 of 
the Internal Revenue Code. A notice of public hearing appearing in the 
Federal Register on Friday, April 5, 1996 (61 FR 15204), announced that 
a public hearing would be held on Wednesday, May 22, 1996, beginning at 
10:00 a.m., in the Commissioners Conference Room, Internal Revenue 
Building, 1111 Constitution Avenue, NW, Washington, D.C. 20224.
    The public hearing scheduled for Wednesday, May 22, 1996, is 
cancelled.
Michael L. Slaughter,
Acting Chief, Regulations Unit, Assistant Chief Counsel (Corporate).
[FR Doc. 96-11778 Filed 5-10-96; 8:45 am]
BILLING CODE 4830-01-U

Complete official Federal Register PDF

FR Doc. 96-11774 Special Local Regulation: Connecticut River Raft Race, Middletown, CT
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 21998-21999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11774]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD01-95-058]
RIN 2115-AE 46

Special Local Regulation: Connecticut River Raft Race, 
Middletown, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend the regulations governing 
the Connecticut River Raft Race. The event name would change to the 
``Great Connecticut River Raft Race'' due to a change in sponsor. The 
regulated area would move upriver to coincide with a change in the race 
course. The effective period would also change to July 27, 1996, and 
each year thereafter on a date and times specified in a Federal 
Register document. This regulation is necessary to control vessel 
traffic within the regulated area due to the confined nature of the 
waterway and anticipated congestion at the time of the event, thus 
providing for the safety of life and property on the affected navigable 
waterway.

DATES: Comments must be received on or before June 27, 1996.

ADDRESSES: Comments should be mailed to Commander (b), First Coast 
Guard District, Captain John Foster Williams Federal Building, 408 
Atlantic Ave., Boston, Massachusetts 02110-3350. Comments also may be 
hand-delivered to room 428 at the same address between 8 a.m. and 4 
p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Benjamin M. Algeo, Chief, Boating Affairs 
Branch, First Coast Guard District, (617) 223-8311.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. Each 
person submitting comments should include their name and address, 
identify this notice (CGD01-95-058), the specific section of the 
proposal to which each comment applies, and give the reason for each 
comment. Comments and attachments should be submitted on 8\1/2\''  x  
11'' unbound paper in a format suitable for copying and electronic 
filing. If that is not practical, a second copy of any bound material 
is requested. Persons requesting acknowledgement of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    All comments received during the comment period will be considered 
by the Coast Guard and may change this proposal. The Coast Guard has no 
plans to hold a public hearing. Persons may request a public hearing by 
writing to Commander (b), First Coast Guard District at the address 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial. If the Coast Guard determines that oral presentations 
will aid this rulemaking, it will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Discussion of Proposed Amendments

    The Connecticut River Raft Race is in its twenty-second year, and 
is a popular local event. A permanent special local regulation, 33 CFR 
Part 100.102, governs the running of the event. Due to a change in 
sponsor, the name of the event will change to the ``Great Connecticut 
River Raft Race'' and the location of the race will be moved a short 
distance upriver. The event will continue to be annually recurring, 
therefore, the Coast Guard proposes to permanently amend the special 
local regulation found in 33 CFR Part 100.102. The race course and 
regulated area will change to consist of that portion of the 
Connecticut River between Marker nos. 92 and 73, Middletown, CT. The 
event date will also change from the first Saturday in August to the 
last Saturday in July or first Saturday in August.
    This event will include up to 60 homemade rafts and is expected to 
draw up to 100 spectator craft. The Coast Guard, Connecticut Department 
of Environmental Protection, and local fire and police departments will 
each assign a patrol to the event. However, due to the restricted 
maneuverability of the participating rafts, it is necessary to 
establish a special local regulation to control spectator and 
commercial vessel movement within this confined area. Spectator craft 
are authorized to watch the race from any area as long as they remain 
outside the designated regulated area.
    The proposed section will be effective annually on the last 
Saturday in July or first Saturday in August, between 10 a.m. and 2 
p.m., or as published in a Coast Guard Notice to Mariners. A rain date 
may be established and announced in a Coast Guard Notice to Mariners. 
In emergency situations, the Coast Guard patrol commander may establish 
escort

[[Page 21999]]

procedures for vessels requiring transit through the regulated area.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation, under 
paragraph 10e of the regulatory policies and procedures of DOT, is 
unnecessary. This conclusion is based on the limited duration of the 
race, the extensive advisories that will be made to the affected 
maritime community, and the minimal restrictions the regulation places 
on vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. For the reasons discussed in the 
Regulatory Evaluation, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal does not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impacts of this 
proposal and concluded that, under paragraph 2.B.2.e.34(h) of COMDTINST 
16475.1B (as revised by 59 FR 38654, July 29, 1944), this proposal is a 
regulation issued in conjunction with an annually issued regatta or 
marine parade permit and is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--[AMENDED]

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. Section 100.102 is revised to read as follows:

Sec. 100.102  Great Connecticut River Raft Race, Middletown, CT.

    (a) Regulated Area. That section of the Connecticut River between 
Dart Island (Marker no. 73) and Portland Shoals (Marker no. 92), 
Middletown, CT.
    (b) Special Local Regulations.
    (1) The Coast Guard patrol commander many delay, modify, or cancel 
the race as conditions or circumstances require.
    (2) No person or vessel may enter, transit, or remain in the 
regulated area unless participating in the event or unless authorized 
by the Coast Guard patrol commander.
    (3) Vessels encountering emergencies which require transit through 
the regulated area should contact the Coast Guard patrol commander on 
VHF Channel 16. In the event of an emergency, the Coast Guard patrol 
commander may authorize a vessel to transit through the regulated area 
with a Coast Guard designated escort.
    (4) All persons and vessels shall comply with the instructions of 
the on-scene Coast Guard patrol commander. On-scene patrol personnel 
may include commissioned, warrant, and petty officers of the U.S. Coast 
Guard. Upon hearing five or more short blasts from a U.S. Coast Guard 
vessel, the operator of a vessel shall proceed as directed. Members of 
the Coast Guard Auxiliary will also be present to inform vessel 
operators of this regulation and other applicable laws.
    (c) Effective period. This section is in effect from 10 a.m. to 2 
p.m. on July 27, 1996, and each year thereafter on a date and times 
specified in a Federal Register Document.

    Dated March 19, 1996.
J.L. Linnon,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 96-11774 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-14-M

Complete official Federal Register PDF

FR Doc. 96-11757 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22004-22006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11757]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5504-2]

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

Agency: Environmental Protection Agency.

Action: Notice of intent to delete the Alaskan Battery Enterprises Site 
from the National Priorities List Update: Request for comments.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 10 announces 
its intent to delete the Alaskan Battery Enterprises Site (Site) from 
the National Priorities List (NPL) and requests public comment on this 
proposed action. The NPL constitutes Appendix B of 40 CFR part 300 
which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which EPA promulgated pursuant to Section 105 
of the Comprehensive Environmental Response, Compensation, and 
Liability

[[Page 22005]]

Act (CERCLA) of 1980, as amended. EPA and the State of Alaska 
Department of Environmental Conservation (ADEC) have determined that 
this Site poses no significant threat to public health or the 
environment and, therefore, further remedial measures pursuant to 
CERCLA are not appropriate.

DATES: Comments concerning this Site may be submitted on or before June 
12, 1996.

ADDRESSES: Comments may be mailed to: Keith Rose, U. S. Environmental 
Protection Agency, 1200 Sixth Avenue, Mail Stop: ECL-111, Seattle, 
Washington 98101.
    Comprehensive information on this Site is available through the 
Region 10 public docket which is available for viewing at the Alaskan 
Battery Enterprises Site information repositories at the following 
locations:

Alaska Department of Environmental Conservation, Attn: Jeffrey 
Peterson, 610 University Avenue, Fairbanks, Alaska 99709-3643
U.S. Environmental Protection Agency, Region 10, Environmental Cleanup 
Office--Records Center, Attn: Lynn Williams, 1200 Sixth Avenue, 
Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Keith Rose, U.S. EPA, 1200 Sixth 
Avenue, Mail Stop: ECL-111, Seattle, Washington 98101, (206) 553-7721.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion

I. Introduction

    The Environmental Protection Agency (EPA) Region 10 announces its 
intent to delete a site from the National Priorities List (NPL), 
Appendix B of the National Oil and Hazardous Substances Contingency 
Plan (NCP), 40 CFR Part 300, and requests comments on this deletion. 
Sites listed on the NPL are those which present a significant risk to 
human health or the environment. As described in Section 300.425(e)(3) 
of the NCP, sites deleted from the NPL remain eligible for Fund-
financed remedial actions in the unlikely event that conditions at the 
site warrant such actions.
    EPA plans to delete the Alaskan Battery Enterprises Site at 157 Old 
Richardson Highway, Fairbanks, Alaska 99709, from the NPL. EPA will 
accept comments on the plan to delete this Site for thirty days after 
publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the Alaskan Battery Enterprises Site 
and explains how this site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that sites, where a release 
of hazardous substances has occurred, may be deleted from, or 
recategorized on the NPL, where no further response is appropriate. In 
making a determination to delete a site from the NPL, EPA shall 
consider, in consultation with the state, whether any of the following 
criteria have been met:

    (i) Responsible parties or other persons have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed responses under CERCLA have 
been implemented, and no further action by responsible parties is 
appropriate, or
    (iii) The remedial investigation has shown that the release 
poses no significant threat to public health or the environment and, 
therefore, taking of remedial measures is not appropriate.

Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the site above levels that allow 
for unlimited use and unrestricted exposure, EPA's policy is that a 
subsequent review of the site will be conducted at least every five 
years after the initiation of the remedial action at the site to ensure 
that the site remains protective of public health and the environment. 
In the case of this Site, where hazardous substances are not above 
health based levels and future access does not require restriction, 
operation and maintenance activities and five-year reviews will not be 
conducted. However, if new information becomes available which 
indicates a need for further action, EPA may initiate remedial actions. 
Whenever there is a significant release from a site deleted from the 
NPL, the site may be restored to the NPL without the application of the 
Hazard Ranking System.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this Site: (1) EPA Region 10 issued a Record of Decision (ROD) which 
documented that no further action was necessary because cleanup goals 
had been achieved through removal actions prior to the ROD; (2) ADEC 
concurred with the proposed deletion decision; (3) A notice has been 
published in the local newspaper and has been distributed to 
appropriate federal, state, and local officials and other interested 
parties announcing the commencement of a 30-day public comment period 
on EPA's Notice of Intent to Delete; and, (4) All relevant documents 
have been made available for public review in the local Site 
information repositories.
    Deletion of the Site from the NPL does not itself create, alter, or 
revoke any individual rights or obligations. The NPL is designed 
primarily for informational purposes to assist Agency management. As 
mentioned in Section II of this Notice, 40 CFR 300.425(e)(3) states 
that deletion of a site from the NPL does not preclude eligibility for 
future Fund-financed response actions.
    For deletion of this Site, EPA's Regional Office will accept and 
evaluate public comments on EPA's Notice of Intent to Delete before 
making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary if any significant public comments are 
addressed.
    A deletion occurs when the Regional Administrator places a final 
notice in the Federal Register. Generally, the NPL will reflect 
deletions in the final update following the Notice. Public notices and 
copies of the Responsiveness Summary will be made available to local 
residents by the Regional office.

IV. Basis for Intended Site Deletion

    The following Site summary provides the Agency's rationale for the 
intention to delete this Site from the NPL.

A. Site Background

    The Alaskan Battery Enterprises (ABE) facility was a 0.5 acre 
battery recycling facility located at 157 Old Richardson Highway at the 
southern edge of Fairbanks, Alaska. The area surrounding the site is 
primarily mixed residential and light commercial property.

B. Site History

    The facility conducted battery recycling and manufacturing 
operations of automobile batteries from 1961 until about 1992. During 
its operation, crushed battery casings were used as fill material in 
low-lying areas of the ABE property and in the construction of the 
septic cribs along the southern property boundary. Used battery acid 
was also discharged directly to the ground on the ABE property.
    Investigations conducted by the Alaska Department of Transportation 
(ADOT) in 1986, and by the EPA technical Assistance Team in 1988, 
identified high levels of lead contamination in soil on the ABE 
property and on the adjacent right-of-way owned by ADOT. In August 
1988, EPA initiated an emergency removal action at the Site. Soils with 
lead

[[Page 22006]]

concentrations in excess of 1,000 mg/kg were excavated and disposed of 
at an off-site hazardous waste disposal facility. Excavation was 
completed in the summer of 1989 with a total of 3,760 cubic yards of 
contaminated soil removed and disposed off-site. Excavated areas were 
backfilled with clean soil.
    In the summer of 1991 EPA initiated a Remedial Investigation (RI) 
for the Site. The results of the RI indicated that there were two 
locations in the surface soil and one location in the subsurface soil 
where lead concentrations still posed a potential human health risk. 
Groundwater sampling conducted during the RI found elevated lead 
concentrations in unfiltered samples, but lead was not detected in 
filtered samples, indicating that lead was bound to soil particles and 
not mobile in the groundwater.
    In the spring of 1992 the ABE site was selected for the 
demonstration of an innovative soil washing technology by EPA's 
Superfund Innovative Technology Evaluation (SITE) Program. All soil 
containing lead concentrations exceeding 1,000 mg/kg, which was a total 
of about 130 cubic yards, was excavated and treated by the soil washing 
system. Treated soil which met the cleanup goal was backfilled into the 
excavated areas, and soil which did not meet the cleanup goal was sent 
to an off-site disposal facility.
    EPA completed the RI, a Human Health Risk Assessment, and 
Feasibility Study (FS) for the Site in August, 1992. A Record of 
Decision (ROD) for the Site, which declared that no further action was 
necessary, was signed on March 2, 1993. However, the ROD specified that 
two years of groundwater monitoring would be required to verify that 
groundwater at the Site was not contaminated with lead at levels which 
would pose a human health risk. This groundwater monitoring program, 
which was completed in September 1995, determined that lead 
concentrations in the groundwater were below EPA's drinking water 
standard of 15 g/kg, and therefore the groundwater did not 
pose a human health risk.
    During the removal activities at this Site, EPA kept the community 
informed of its cleanup actions primarily through fact sheets, 
newspaper articles, and personal communications with EPA's On-Scene 
Coordinator. Following the removal action, EPA representatives met with 
local officials, congressional representatives, the facility owner, and 
members of the community on numerous occasions to identify community 
concerns to support development of a Community Relations Plan, and to 
explain EPA's process for conducting a further investigation of the 
Site. EPA representatives also met several times with the Potentially 
Responsible Parties to discuss their potential liability for cleanup 
costs at the Site. A Proposed Plan for the Site, which called for no 
further cleanup action, was issued on October 29, 1992, and subject to 
public comment for 30 days. This Proposed Plan was mailed to 
individuals on EPA's mailing list and was also announced in a local 
newspaper notice. EPA also held a public meeting on the Proposed Plan 
in Fairbanks. In general, those who commented on the Proposed Plan 
supported EPA's no further action decision. EPA responded to all 
comments received in the Responsivesness Summary, which is attached to 
the ROD.

C. Characterization of Site Risk

    Based on data collected during the RI, a risk assessment was 
conducted to identify exposure pathways and potential human health 
risks resulting from exposure to lead contamination remaining on-site 
after the removal actions conducted in 1988-89. The potential pathways 
for human health exposure to lead contamination at the Site were 
accidental ingestion of soil and ingestion of groundwater. A model was 
used to determine that a lead cleanup goal of 490 mg/kg for surface 
soil would be protective of potentially exposed children. For 
subsurface soils, EPA determined that a cleanup goal of 1,000 mg/kg, 
which was based on an industrial exposure, would be protective of 
workers who might be exposed to contaminated soil for a short duration. 
A risk assessment was not conducted for ingestion of lead in 
groundwater because a federal drinking water standard (15 ug/kg) 
already existed which was protective of human health.
    Confirmational monitoring of soil and groundwater demonstrate that 
no significant risk to public health or the environment is posed by 
residual lead contamination remaining at the Site. Long-term operation 
and maintenance activities are not required at the Site. Based on the 
actions taken at the Site prior to the ROD, EPA and ADEC believe that 
hazardous substances have been removed from the Site so as to allow for 
unlimited use and unrestricted exposure within the Site, that 
conditions at the Site are protective of public health and the 
environment, and that no further remedial action or institutional 
controls are needed at the Site. Accordingly, EPA will not conduct 
``five-year reviews'' at this Site.
    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if ``all appropriate Fund-financed response 
under CERCLA has been implemented, and no further action by responsible 
parties is appropriate.'' EPA, with concurrence of ADEC, believes that 
this criterion for deletion has been met. The groundwater and soil data 
confirm that the ROD goals have been met. It is concluded that there is 
no significant threat to public health or the environment and, 
therefore, no further remedial action is necessary. Subsequently, EPA 
is proposing deletion of this Site from the NPL. Documents supporting 
this action are available from the docket.

    Dated: April 30, 1996.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 96-11757 Filed 5-10-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-11756 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22006-22008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11756]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5504-1]

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

Agency: Environmental Protection Agency.

Action: Notice of Intent to Delete Martin Marietta Aluminum Company 
from the National Priorities List Update: Request for Comments.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA), Region 10, 
announces its intent to delete the Martin Marietta Site from the 
National Priorities List (NPL) and requests public comment on this 
proposed action. The NPL constitutes Appendix B of 40 CFR part 300 
which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which EPA promulgated pursuant to Section 105 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) of 1980, as amended. EPA and the State of Oregon 
Department of Environmental Quality (DEQ) have determined that the Site 
poses no significant threat to public health or the environment and, 
therefore, further remedial measures pursuant to CERCLA are not 
appropriate.

DATES: Comments concerning this Site may be submitted on or before June 
12, 1996.

ADDRESSES: Comments may be mailed to: Howard Orlean, Environmental 
Protection Agency, 1200 Sixth Avenue,

[[Page 22007]]

Mail Stop: ECL-113, Seattle, Washington 98101.
    Comprehensive information on this Site is available through the 
Region 10 public docket which is available for viewing at the Martin 
Marietta Site information repositories at the following locations:

Dalles/Wasco County Library, 722 Court Street, The Dalles, Oregon 
97058.
United States Environmental Protection Agency, Region 10 Office of 
Environmental Cleanup - Records Center, Attn: Lynn Williams, 1200 Sixth 
Avenue, Mail Stop, ECL-113, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Howard Orlean, U.S. EPA Region 10, 
1200 Sixth Avenue, Mail Stop: ECL-113, Seattle, Washington 98101, (206) 
553-6903.

SUPPLEMENTARY INFORMATION

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion

I. Introduction

    The Environmental Protection Agency (EPA) Region 10 announces its 
intent to delete a site from the National Priorities List (NPL), 
Appendix B of the National Oil and Hazardous Substances Contingency 
Plan (NCP), 40 CFR Part 300, and requests comments to this deletion. 
EPA identifies sites on the NPL that appear to present a significant 
risk to human health or the environment. As described in Section 
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible 
for Fund-financed remedial actions in the unlikely event that 
conditions at the site warrant such actions.
    EPA plans to delete the Martin Marietta Aluminum Company Site 
(``Site'') at 3313 West 2nd Street, The Dalles, Oregon 97058, from the 
NPL.
    EPA will accept comments on the plan to delete this Site for thirty 
days after publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the Martin Marietta Aluminum Company 
Site and explains how the Site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that ``releases'' (sites) 
may be deleted from, or recategorized on the NPL where no further 
response is appropriate. In making a determination to delete a site 
from the NPL, EPA shall consider, in consultation with the state, 
whether any of the following criteria have been met:

    (i) Responsible parties or other parties have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed responses under CERCLA have 
been implemented, and no further action by responsible parties is 
appropriate, or
    (iii) The remedial investigation has shown that the release 
poses no significant threat to public health or the environment and, 
therefore, taking of remedial measures is not appropriate.

Even if a site is deleted from the NPL, where hazardous substances, 
pollutants or contaminants remain at the site above levels that allow 
for unlimited use and unrestricted exposure, EPA's policy is that a 
subsequent review of the site will be conducted at least every five 
years after the initiation of the remedial action at the site to ensure 
that the site remains protective of public health and the environment. 
In the case of the Martin Marietta Aluminum Company Site, hazardous 
substances remain on the Site which are above health-based levels, 
therefore, access restrictions, monitoring, operation and maintenance 
activities, and periodic five-year reviews will continue. In addition, 
whenever there is a significant release from a site deleted from the 
NPL, the site may be restored to the NPL without the application of the 
Hazard Ranking System.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this Site: (1) EPA Region 10 issued preliminary and final close out 
reports which documented the achievement of cleanup goals; (2) The 
Oregon Department of Environmental Quality (DEQ) concurred with the 
proposed deletion decision; (3) A notice has been published in the 
local newspaper and has been distributed to appropriate federal, state, 
and local officials and other interested parties announcing the 
commencement of a 30-day public comment period on EPA's Notice of 
Intent to Delete; and, (4) All relevant documents have been made 
available for public review in the local Site information repositories.
    Deletion of the Site from the NPL does not itself, create, alter or 
revoke any individual rights or obligations. The NPL is designed 
primarily for informational purposes to assist Agency management. As 
mentioned in Section II of this Notice, 40 CFR 300.425(e)(3) states 
that deletion of a site from the NPL does not preclude eligibility for 
future Fund-financed response actions.
    EPA's Regional Office will accept and evaluate public comments on 
EPA's Notice of Intent to Delete before making a final decision. The 
Agency will prepare a Responsiveness Summary if any significant public 
comments are received.
    A deletion occurs when the Regional Administrator places a final 
notice in the Federal Register. Generally, the NPL will reflect 
deletions in the final update following the Notice. Public notices and 
copies of the Responsiveness Summary will be made available to local 
residents by the Regional office.

IV. Basis for Intended Site Deletion

    The following site summary provides the Agency's rationale for the 
intention to delete this Site from the NPL.

A. Site Background

    Martin Marietta Aluminum was an aluminum reduction facility located 
in The Dalles, Wasco County, Oregon, just west of the Columbia River 
and east of the Union Pacific Railroad tracks at 3313 West 2nd Street. 
The area surrounding the site is primarily mixed heavy and light 
industrial and manufacturing property.

B. History

    Aluminum production operations were begun at the Site by Harvey 
Aluminum, Inc. in 1958. Harvey Aluminum, Inc. became a wholly owned 
subsidiary of Martin Marietta Corporation (MMC) in 1970. The Martin 
Marietta facility continued operations until 1984, when the plant was 
shut down. In September of 1986, MMC leased a portion of the facility 
to Northwest Aluminum Company (NWA), which resumed primary aluminum 
operations in late 1986. In October 1991, MMC sold the portion of the 
facility not affected by deed restrictions to NWA. In 1995, MMC merged 
with Lockheed Corporation to form Lockheed Martin. Lockheed Martin, as 
successor to MMC, maintains the portion of the NWA plant affected by 
CERCLA remedial actions. The NWA plant still produces aluminum by 
electrolytic reduction of alumina.
    During facility operation, waste constituents were stored, treated, 
and disposed of at the Site. Hazardous substances generated by the 
Martin Marietta facility included fluoride, sodium, sulfate, cyanide 
and polynuclear aromatic hydrocarbons (PAHs).
    A landfill located in the northern portion of the Site was used to 
dispose of primarily construction debris from the plant. Other 
materials disposed of in this landfill included asbestos

[[Page 22008]]

insulation, coke, pitch and cathode waste.
    In the Spring of 1983, the presence of cyanide compounds was 
detected in the ground water at the Martin Marietta facility. The site 
was proposed for inclusion on the NPL in October 1984. On June 10, 1986 
the Site was placed on the NPL.
    In September 1985, MMC and EPA entered into a Consent Order to 
conduct a remedial investigation/feasibility study (RI/FS) for the 
Site. On September 29, 1988, EPA signed a Record of Decision (ROD) that 
addressed the potential sources of contamination as identified in the 
RI/FS. The selected remedial action in the ROD included the following 
components:
     Consolidate on-Site residual cathode waste and fill 
material into the existing Landfill;
     Cap the existing Landfill in place with a multi-media cap 
meeting Resource Conservation and Recovery Act (RCRA) performance 
criteria;
     Place a soil cover over two Sludge Ponds;
     Plug and abandon nearby production wells and connect users 
to the City of The Dalles water supply system;
     Collect and treat leachate generated from the Landfill;
     Recover and treat contaminated ground water from a perched 
zone near the Unloading Area portion of the Site;
     Prepare ground-water quality monitoring and contingency 
plans to perform additional recovery of ground water in the event that 
further contamination is detected above health based standards; and
     Implement institutional controls including deed 
restrictions and fencing, to assure that the remedial action will 
protect human health and the environment during and after 
implementation.
    An Explanation of Significant Differences (ESD) was signed by EPA 
Region 10 on September 23, 1994. The ESD documented modifications to 
remedial actions which were anticipated in the ROD, and an addition to 
the remedial action which was not anticipated in the ROD.
    Changes to the ROD which are documented in the ESD include the 
following:
     The ROD anticipated that the volume of leachate generated 
from the Landfill would be reduced to a negligible flow within five 
years. However, since the signing of the ROD, the leachate flow rate 
has not decreased significantly. As a result, the leachate will have to 
be treated for a longer term than expected.
     The ROD also required treatment of contaminated ground 
water in an area known as the Unloading Area. Additional ground-water 
information which was collected since the ROD, has made it unnecessary 
to treat the ground water in the Unloading Area.

C. Characterization of Risk

    Prior to remediation, the preliminary environmental pathways of 
concern related to the wastes from the aluminum reduction facility were 
ground water and on-Site soils.
    The remedial action commenced on August 29, 1989 and consisted of 
the following activities:
     Consolidation and capping of wastes and debris from three 
former operating units.
     Excavation and consolidation of cathodic wastes into the 
Landfill, and placement of a multi-layered RCRA performance cap over 
the Landfill.
     Construction of a Leachate Collection System and Cyanide 
Destruction Treatment System to collect and transfer any generated 
leachate from the Landfill for treatment.
     Abandonment of four potable water wells in the vicinity of 
the Site, and connecting their users to the municipal supply.
     Implementation of institutional controls.
     Implementation of a ground-water monitoring program.
    On-Site containment of contaminated soils and debris has reduced 
exposure and inhibited the source of ground-water contamination. 
Analytical data based on five years of ground-water monitoring 
following the remedial action indicate concentrations of contaminants 
of concern do not exceed ROD cleanup levels.
    All pathways by which environmental receptors could potentially be 
exposed to Site-related contaminants have been eliminated.
    Since hazardous substances will remain on Site, operation and 
maintenance activities will continue, and institutional controls will 
remain in effect. A long-term ground-water monitoring program has been 
implemented at the Site. In addition, the Site will continue to be 
subject to periodic five-year reviews to ensure that the remedy remains 
protective of human health and the environment.

D. Public Participation

    Community input has been sought by EPA Region 10 throughout the 
cleanup process for the Site. Community relations activities have 
included public meetings prior to signing of the ROD, several public 
notices in local newspapers, and routine publication of progress fact 
sheets. A copy of the Deletion Docket can be reviewed by the public at 
the Dalles/Wasco County Library or the EPA Region 10 Superfund Records 
Center. The Deletion Docket includes this Notice, the ROD, ESD, 
Remedial Action Construction Report, Preliminary Site Close-Out Report, 
and Final Site Close-Out Report. EPA Region 10 will also announce the 
availability of the Deletion Docket for public review in a local 
newspaper and informational fact sheet.
    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if ``responsible parties or other persons 
have implemented all appropriate response actions required''. EPA, with 
the concurrence of DEQ, believes that this criterion for deletion has 
been met. Ground water and soil data from the Site confirm that the ROD 
cleanup goals have been achieved. It is concluded that there is no 
significant threat to human health or the environment and, therefore, 
no further remedial action is necessary. Subsequently, EPA is proposing 
deletion of this Site from the NPL. Documents supporting this action 
are available from the docket.

    Dated: May 2, 1996.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 96-11756 Filed 5-10-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-11720 Automotive Fuel Economy; Semi-Annual Reports
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22010-22014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11720]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 537

[Docket No. 96-38, Notice 01]
RIN 2127-AG00

Automotive Fuel Economy; Semi-Annual Reports

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This notice proposes various revisions to the required form 
and contents of the semi-annual reports which automobile manufacturers 
are statutorily required to submit under the Federal automotive fuel 
economy program. It is intended that these revisions will reduce the 
paperwork burdens imposed on manufacturers without inhibiting the 
agency's ability to comply with its statutory requirements. NHTSA 
undertakes this action as part of its effort to implement the 
President's Regulatory Reinvention Initiative to make regulations 
easier to understand and apply.

ADDRESSES: Comments should refer to the docket and notice number set 
forth above and be submitted to: Docket

[[Page 22011]]

Section, Room 5109, National Highway Traffic Safety Administration, 400 
Seventh Street, SW, Washington, D.C. 20590.

DATES: Comments on this notice must be received by July 12, 1996. The 
final rule would apply to reports submitted for model years beginning 
after publication of the final rule.

FOR FURTHER INFORMATION CONTACT: Alan Berkowitz, Office of Planning and 
Consumer Programs, Safety Performance Standards, NHTSA, 400 7th St., 
SW., Washington DC 20590. Telephone: (202) 366-4795.

SUPPLEMENTARY INFORMATION:

President's Regulatory Reinvention Initiative

    Pursuant to the March 4, 1995, directive ``Regulatory Reinvention 
Initiative'' from the President to the heads of departments and 
agencies, NHTSA undertook a review of its regulations and directives. 
During the course of this review, the agency identified rules that it 
could propose to eliminate as unnecessary or to amend to improve their 
comprehensibility, usefulness, and appropriateness. NHTSA has 
identified the Semi-Annual Reports for Automotive Fuel Economy as a 
candidate for review.

Background

    Section 32907 of Chapter 329 of Title 49 of the U.S. Code (49 
U.S.C. 32901 et seq.) requires each automobile manufacturer (other than 
those small manufacturers which have been granted an alternative fuel 
economy standard under section 32902(d)) to submit semi-annual reports 
to the agency relating to that manufacturers' efforts to comply with 
average fuel economy standards. One report is due during the 30-day 
period preceding the beginning of each model year (the ``pre-model year 
report'') and the other is due during the 30-day period beginning on 
the 180th day of the model year (the ``mid-model year report'').
    Since the various manufacturers have different annual production 
periods, the agency determined in 42 FR 62374 (December 12, 1977) that 
there was no single model year designation applicable to all companies. 
Therefore, in accordance with section 32901(a)(15) of Chapter 329, the 
agency determined that the calendar year should serve as the ``model 
year'' for purposes of section 32907, making the pre-model year report 
for any year due in December of the prior year and the mid-model year 
report for any year due in July of that year. For the major domestic 
manufacturers, this means that the pre-model year report is submitted 
well into their actual production period and the mid-model year report 
is due near the end of that period.
    Section 32907(a)(1) of Chapter 329 provides that each report must 
contain a statement as to whether the manufacturer will comply with 
average fuel economy standards for that year, a plan describing the 
steps the manufacturer has taken or will take to comply with the 
standards, and any other information the agency may require. Whenever a 
manufacturer determines that a plan it has submitted in one of its 
reports is no longer adequate to assure compliance, it must submit a 
revised plan. Section 32907(a)(1)(C) of Chapter 329 also permits the 
agency to issue rules prescribing the form and content of reports.

Proposed Revisions

    The revised text for 49 CFR Part 537 presented in this notice 
proposes to reduce the amount of detailed specification data required 
of manufacturers in their reports to the agency. Specifically, the 
agency is asking for data to be consolidated at the model level instead 
of the configuration level. This would reduce the volume of information 
that must be submitted. The proposed revision provides the data in a 
form that more closely matches the format of information that the 
agency uses in analyzing the manufacturers' fleets for purposes of its 
annual report to the Congress and special reports and studies of fuel 
economy standards. The format of the report is revised to delete some 
items that the agency has not used in recent years, i.e., engine code, 
emission control system, existence of overdrive, axle ratio, existence 
of temporary living quarters, expansion of cargo carrying capacity by 
removal of seats, and frontal area.
    The proposed text also changes the time of submission of the 
detailed specification information from the pre-model year report to 
the mid-model year report. This will result in the manufacturers 
providing more complete and correct data as the data will be assembled 
near the end of the typical production period for each model. The data 
will still be provided to the agency in time for incorporation in the 
annual report to the Congress.
    Finally, the text description for supplementary reports 
(Sec. 537.8) is deleted. Manufacturers have not been furnishing this 
report to the agency, nor has the agency been requesting it. Its 
purpose, to explain how a fleet that is below the average fuel economy 
standard will be brought into compliance, can be fulfilled by the 
addition of an appropriate statement in either the pre- model year or 
mid-model year report. Some manufacturers currently use this procedure. 
That statement is specified in the revised text in Sec. 537.7(b)(4).

Impact Analyses

1. Economic Impacts

    This notice of proposed rulemaking (NPRM) was not reviewed under 
Executive Order 12866 (Regulatory Planning and Review). NHTSA has 
analyzed the impact of this request for comment and determined that it 
is not ``significant'' within the meaning of the Department of 
Transportation's regulatory policies and procedures. The agency 
anticipates, if a final rule should result from this NPRM, new 
requirements would not be imposed on manufacturers.

2. Impacts on Small Entities

    Pursuant to the Regulatory Flexibility Act, the agency has 
considered the impact this rulemaking would have on small entities. 
Few, if any, automobile manufacturers subject to the proposed rule 
would be classified as a ``small business'' under the Regulatory 
Flexibility Act. I certify that this action would not have a 
significant economic impact on a substantial number of small entities.

3. Impact of Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rule would not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment.

4. Paperwork Reduction Act

    Information collection requirements contained in this NPRM 
represent an amendment to those approved by the Office of Management 
and Budget under the provisions of the Paperwork Reduction Act (Pub. L. 
96-511) and assigned OMB Control Number 2127-0019. The agency believes 
that the changes proposed in this notice will result in a small 
reduction in the paperwork burden of this reporting requirement. The 
agency solicits comment on the expected change in paperwork burden that 
this proposal would entail.

5. National Environmental Policy Act

    The agency has analyzed this rule for the purpose of the National 
Environmental Policy Act and determined that it would not have any

[[Page 22012]]

significant impact on the quality of the human environment.

6. Civil Justice Reform

    This proposed rule would not have any retroactive effect and it 
does not preempt any State law. 49 U.S.C. 32909 sets forth a procedure 
for judicial review of automobile fuel economy regulations. That 
section does not require submission of a petition for reconsideration 
or other administrative proceedings before parties may file suit in 
court.

Comments

    NHTSA is providing a comment period, ending on July 12, 1996 for 
interested parties to present data and views on the issues raised in 
this notice, as well as any other issues commenters believe are 
relevant to this proceeding. It is requested but not required that 10 
copies be submitted.
    Comments must not exceed 15 pages in length (49 CFR 553.21). 
Necessary attachments may be appended to these submissions without 
regard to the 15-page limit. This limitation is intended to encourage 
commenters to detail their primary arguments in a concise fashion.
    If a commenter wishes to submit certain information under claim of 
confidentiality, three copies of the complete submission, including 
purportedly confidential business information, should be submitted to 
the Chief counsel, NHTSA, at the street address given above, and seven 
copies from which the purportedly confidential information has been 
deleted should be submitted to the Docket Section. A request for 
confidentiality should be accompanied by a cover letter setting forth 
the information specified in the agency's confidential business 
information regulation. 49 CFR part 512.
    All comments received before the close of business on the comment 
closing date indicated above for the proposal will be considered, and 
will be available for examination in the docket at the above address 
both before and after that date. To the extent possible, comments filed 
after the closing date will also be considered. Comments received too 
late for consideration in regard to the final rule will be considered 
as suggestions for further rulemaking action. Comments on the proposal 
will be available for inspection in the docket. NHTSA will continue to 
file relevant information as it becomes available in the docket after 
the closing date, and it is recommended that interested persons 
continue to examine the docket for new material.
    Those persons desiring to be notified upon receipt of their 
comments in the rules docket should enclose a self-addressed, stamped 
postcard with their comments. Upon receiving the comments, the docket 
supervisor will return the postcard by mail.

List of Subjects in 49 CFR Part 537

    Fuel economy, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR Part 537 would be revised 
to read as follows:

PART 537--AUTOMOTIVE FUEL ECONOMY REPORTS

Sec.
537.1   Scope.
537.2   Purpose.
537.3   Applicability.
537.4   Definitions.
537.5   General requirements for reports.
537.6   General content of reports.
537.7   Pre-model year and mid-model year reports.
537.8   [Reserved].
537.9   Determination of fuel economy values and average fuel 
economy.
537.10   Incorporation by reference.
537.11   Public Inspection of Information.
537.12   Confidential Information.

    Authority: 49 U.S.C. 32907; 49 CFR 1.50.

Sec. 537.1   Scope.

    This part establishes requirements for automobile manufacturers to 
submit reports to the National Highway Traffic Safety Administration 
regarding their efforts to improve automotive fuel economy.

Sec. 537.2   Purpose.

    The purpose of this part is to obtain information to aid the 
National Highway Traffic Safety Administration in valuating automobile 
manufacturers' plans for complying with average fuel economy standards 
and in preparing an annual review of the average fuel economy 
standards.

Sec. 537.3   Applicability.

    This part applies to automobile manufacturers, except for 
manufacturers subject to an alternate fuel economy standard under 49 
U.S.C. 32902(d).

Sec. 537.4   Definitions.

    (a) Statutory terms. (1) The terms average fuel economy standard, 
fuel, manufacture, and model year are used as defined in 49 U.S.C. 
32901.
    (2) The term manufacturer is used as defined in 49 U.S.C. 32901 and 
in accordance with Part 529 of this chapter.
    (3) The terms average fuel economy, fuel economy, and model type 
are used as defined in Subpart A of 40 CFR Part 600.
    (4) The terms automobile, automobile capable of off-highway 
operation, and passenger automobile are used as defined in 49 U.S.C. 
32901 and in accordance with the determinations in Part 523 of this 
chapter.
    (b) Other terms. (1) The term loaded vehicle weight is used as 
defined in Subpart A of 40 CFR Part 86.
    (2) The terms base level, body style, car line, combined fuel 
economy, equivalent test weight, inertia weight, transmission class, 
and vehicle configuration are used as defined in Subpart A of 40 CFR 
Part 600.
    (3) The term light truck is used as defined in Part 523 of this 
chapter and in accordance with determinations in that part.
    (4) The terms approach angle, axle clearance, breakover angle, 
cargo-carrying volume, departure angle, passenger-carrying volume, and 
running clearance are used as defined in Part 523 of this chapter.
    (5) The term incomplete automobile manufacturer is used as defined 
in Part 529 of this chapter.
    (6) As used in this part, unless otherwise required by the context:
    (i) Administrator means the Administrator of the National Highway 
Traffic Safety Administration or the Administrator's delegate.
    (ii) Current model year means:
    (A) In the case of a pre-model year report, the full model year 
immediately following the period during which that report is required 
by 537.5(b) to be submitted.
    (B) In the case of a mid-model year report, the model year during 
which that report is required by 537.5(b) to be submitted.
    (iii) Average means a production weighted harmonic average.
    (iv) Total drive ratio means the ratio of an automobile's engine 
rotational speed (in revolutions per minute) to the automobile's 
forward speed (in miles per hour).

Sec. 537.5  General requirements for reports.

    (a) For each current model year, each manufacturer shall submit a 
pre-model year report and a mid-model year report.
    (b)(1) The pre-model year report required by this part for each 
current model year must be submitted during the month of December 
(e.g., the pre-model year report for the 1997 model year must be 
submitted during December, 1996).
    (2) The mid-model year report required by this part for each 
current model year must be submitted during the month of July (e.g., 
the mid-model year report for the 1997 model year must be submitted 
during July 1997).
    (c) Each report required by this part must:

[[Page 22013]]

    (1) Identify the report as a pre-model year report or mid-model 
year report;
    (2) Identify the manufacturer submitting the report;
    (3) State the full name, title, and address of the official 
responsible for preparing the report;
    (4) Be submitted in 10 copies to: Administrator, National Highway 
Traffic Safety Administration, 400 Seventh Street SW., Washington, DC 
20590;
    (5) Identify the current model year;
    (6) Be written in the English language; and
    (7)(i) Specify any part of the information or data in the report 
that the manufacturer believes should be with held from public 
disclosure as trade secret or other confidential business information.
    (ii) With respect to each item of information or data requested by 
the manufacturer to be withheld under 5 U.S.C. 552(b)(4) and 15 U.S.C. 
2005(d)(1), the manufacturer shall:
    (A) Show that the item is within the scope of sections 552(b)(4) 
and 2005(d)(1);
    (B) Show that disclosure of the item would result in significant 
competitive damage;
    (C) Specify the period during which the item must be withheld to 
avoid that damage; and
    (D) Show that earlier disclosure would result in that damage.
    (d) Each report required by this part must be based upon all 
information and data available to the manufacturer 30 days before the 
report is submitted to the Administrator.

Sec. 537.6  General content of reports.

    (a) Pre-model year and mid-model year reports. Except as provided 
in paragraph (b) of this section, each pre-model year report and the 
mid-model year report for each model year must contain the information 
required by 537.7(a).
    (b) Exceptions. The pre-model year report and the mid-model year 
report submitted by an incomplete automobile manufacturer for any model 
year are not required to contain the information specified in 537.7 
(c)(4)(xix) (A) and (B)(1), (3), and (4) and (c)(5). The information 
provided by the incomplete automobile manufacturer under 537.7(c) shall 
be according to base level instead of model type or car line.

Sec. 537.7  Pre-model year and mid-model year reports.

    Each manufacturer submitting a report shall:
    (a)(1) Provide the information required by paragraphs (b) and (c) 
of this section for the manufacturer's passenger automobiles for the 
current model year.
    (2) After providing the information required by paragraph (a)(1) of 
this section provide the information required by paragraphs (b) and (c) 
of this section for the manufacturer's light trucks for the current 
model year.
    (b) Projected average Fuel economy. (1) State the projected average 
fuel economy for the manufacturer's automobiles determined in 
accordance with 537.9 and based upon the fuel economy values and 
projected sales figures provided under paragraph (c)(2) of this 
section.
    (2) State the projected final average fuel economy that the 
manufacturer anticipates having if changes implemented during the model 
year will cause that average to be different from the average fuel 
economy projected under paragraph (b)(1) of this section.
    (3) State whether the manufacturer believes that the projection it 
provides under paragraph (b)(2) of this section, or if it does not 
provide an average under that paragraph, the projection it provides 
under paragraph (b)(1) of this section sufficiently represents the 
manufacturer's average fuel economy for the current model year for the 
purposes of the statute. In the case of a manufacturer that believes 
that the projection is not sufficiently representative for those 
purposes, state the reason for the insufficiency and the specific 
additional testing or derivation of fuel economy values by analytical 
methods believed by the manufacturer necessary to eliminate the 
insufficiency and any plans of the manufacturer to undertake that 
testing or derivation voluntarily and submit the resulting data to the 
Environmental Protection Agency under 40 CFR 600.509.
    (4) If the projected average fuel economy provided under section 
(b)(1) or (b)(2) of this section does not comply with the applicable 
average fuel economy standard, state what actions the manufacturer has 
taken or intends to take to comply with the standard and whether those 
actions are sufficient to ensure compliance.
    (c) Model type fuel economy and technical information. (1) For each 
model type of the manufacturer's automobiles, provide the information 
specified in paragraph (c)(2) of this section in tabular form. List the 
model types in order of increasing equivalent test weight from top to 
bottom down the left side of the table and list the information 
categories in the order specified in paragraph (c)(2) of this section 
from left to right across the top of the table.
    (2)(i) Combined fuel economy for each model type and CAFE for the 
fleet; and (ii) Projected production for the current model year and 
total production of all model types.
    (3) (Mid-model report only.) For each model type provide the 
information specified in paragraph (c)(4) at this section either in 
tabular form or preferably as a database formatted computer disk. If a 
tabular form is used then list the vehicle model types in the order 
listed under paragraph (c)(2) of this section from top to bottom down 
the left of the table and list the information categories across the 
top of the table from left to right in the order specified in paragraph 
(c)(4) of this section. Other formats (such as copies of EPA reports), 
which contain all the required information in a readily identifiable 
form, are also acceptable. If a computer disk is used, any NHTSA 
approved database structure may be used, but each model type record 
should identify the manufacturer, model type, and for light trucks the 
drive wheel code, e.g. 2- or 4- wheel drive. At least the information 
categories specified here and in paragraph (c)(4) must be provided, but 
if preferred, the disk may contain any additional categories. Each 
computer disk record must contain all the required categories of 
information to enable direct reading and interpretation in the database 
format that was approved. Parameters that vary within the model type 
(e.g., loaded vehicle weight) should be weighted by the production 
share of each distinct value.
    (4)(i) Loaded vehicle weight;
    (ii) Equivalent test weight;
    (iii) Engine displacement, liters;
    (iv) Number of engine cylinders;
    (v) SAE net rated power, kilowatts;
    (vi) Type of fuel injection;
    (vii) Transmission class;
    (viii) Number of forward speeds;
    (ix) Total drive ratio (N/V);
    (x) Combined fuel economy, mpg;
    (xi) Projected production for the current model year;
    (xii) Road load power at 50 miles per hour;
    (xiii) (A) In the case of passenger automobiles:
    (1) Interior volume index, determined in accordance with Subpart D 
of 40 CFR Part 600, and
    (2) Body style;
    (B) In the case of light trucks:
    (1) Passenger-carrying volume; and
    (2) Cargo-carrying volume.
    (5) For each model type of automobile which is classified as an 
automobile capable of off-highway operation under Part 523 of this 
chapter, provide the following data:

[[Page 22014]]

    (i) Approach angle;
    (ii) Departure angle;
    (iii) Breakover angle;
    (iv) Axle clearance;
    (v) Minimum running clearance; and
    (vi) Existence of 4-wheel drive (indicate yes or no).
    (6) The fuel economy values provided under paragraphs (c) (2) and 
(4) of this section shall be determined in accordance with Sec. 537.9.

Sec. 537.8   [Reserved]

Sec. 537.9   Determination of fuel economy values and average fuel 
economy.

    (a) Base level and model type fuel economy values. For each base 
level and model type, the manufacturer shall submit a fuel economy 
value based on the vehicle configuration values that have been 
determined and approved under 40 CFR part 600, or, if such a value does 
not exist, a value based on a comparable test or analysis, and 
calculated in the same manner as base level and model type fuel economy 
values are calculated for use under Subpart F of 40 CFR part 600.
    (b) Average fuel economy. Average fuel economy must be based upon 
fuel economy values calculated under paragraph (a) of this section for 
each model type and must be calculated in accordance with 40 CFR 
600.506, using the configurations specified in 40 CFR 600.506(a)(2), 
except that fuel economy values for running changes and for new base 
levels are required only for those changes made or base levels added 
before the average fuel economy is required to be submitted under this 
part.

Sec. 537.10   Incorporation by reference.

    (a) A manufacturer may incorporate by reference in a report 
required by this part any document other than a report, petition, or 
application, or portion thereof submitted to any Federal department or 
agency more than two model years before the current model year.
    (b) A manufacturer that incorporates by references a document not 
previously submitted to the National Highway Traffic Safety 
Administration shall append that document to the report.
    (c) A manufacturer that incorporates by reference a document shall 
clearly identify the document and, in the case of a document previously 
submitted to the National Highway Traffic Safety Administration, 
indicate the date on which and the person by whom the document was 
submitted to this agency.

Sec. 537.11   Public inspection of information.

    Except as provided in Sec. 537.12, any person may inspect the 
information and data submitted by a manufacturer under this part in the 
docket section of the National Highway Traffic Safety Administration. 
Any person may obtain copies of the information available for 
inspection under this section in accordance with the regulations of the 
Secretary of Transportation in Part 7 of this title.

Sec. 537.12   Confidential information.

    (a) Information made available under Sec. 537.11 for public 
inspection does not include information for which confidentiality is 
requested under Sec. 537.5(c)(7), is granted in accordance with section 
32910(c) of Chapter 329 and section 552(b) of Title 5 of the United 
States Code, and is not subsequently released under paragraph (c) of 
this section in accordance with section 32910 of Chapter 329.
    (b) Denial of confidential treatment. When the Administrator denies 
a manufacturer's request under Sec. 537.5(c)(7) for confidential 
treatment of information, the Administrator gives the manufacturer 
written notice of the denial and reasons for it. Public disclosures of 
the information is not made until after the ten-day period immediately 
following the giving of the notice.
    (c) Release of confidential information. After giving written 
notice to a manufacturer and allowing ten days, when feasible, for the 
manufacturer to respond, the Administrator may make available for 
public inspection any information submitted under this part that is 
relevant to a proceeding under the Act, including information that was 
granted confidential treatment by the Administrator pursuant to a 
request by the manufacturer under Sec. 537.5(c)(7).

    Issued on: May 7, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-11720 Filed 5-10-96; 8:45 am]
BILLING CODE 4910-59-P

Complete official Federal Register PDF

FR Doc. 96-11716 Revision of Regulations for Interlocking Rail Officers
[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Pages 22014-22016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11716]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

49 CFR Part 1185

[STB Ex Parte No. 543]

Revision of Regulations for Interlocking Rail Officers

AGENCY: Surface Transportation Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Surface Transportation Board (the Board) is seeking 
comments on proposed revisions to the regulations for authorization of 
interlocking rail officers and directors.

DATES: Comments on the proposed revisions are due June 3, 1996.

ADDRESSES: Send comments (an original and 10 copies) referring to STB 
Ex Parte No. 543 to: Surface Transportation Board, Office of the 
Secretary, Case Control Branch, 1201 Constitution Avenue, NW., 
Washington, DC 20423.

FOR FURTHER INFORMATION CONTACT: Beryl Gordon, (202) 927-7513. [TDD for 
the hearing impaired: (202) 927-5721.]

SUPPLEMENTARY INFORMATION: Effective January 1, 1996, the ICC 
Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (the ICCTA) 
abolished the Interstate Commerce Commission (ICC) and established 
within the Department of Transportation the Board. Section 204 of the 
ICCTA provides that ``[t]he Board shall promptly rescind all 
regulations established by the [ICC] that are based on provisions of 
law repealed and not substantively reenacted by this Act.''
    Under the prior statute at 49 U.S.C. 11322, a person wishing to 
hold a position of officer or director of more than one rail carrier of 
any size was required to seek prior ICC authorization. The ICC, 
however, exercising its general exemption authority under former 49 
U.S.C. 10505, adopted rules at 49 CFR 1185 exempting from regulation as 
a class requests to assume the position of director or officer of a 
rail carrier while holding the position of director or officer of 
another rail carrier, except where both carriers are Class I railroads. 
Exemption--Certain Interlocking Directorates, 5 I.C.C.2d 7 (1988) 
(Interlocking Directorates). The class exemption does not apply to an 
individual who is an officer or director of a Class I carrier and who 
wishes to become an officer or director of another Class I railroad; 
that individual is required to file either an application (or petition 
for an individual exemption).
    The ICCTA revised the statute so that, under new 49 U.S.C. 11328, 
individuals seeking to hold the position of officer or director only of 
Class III railroads are no longer required to seek Board authorization, 
either through exemption or through affirmative approval. We propose to 
revise 49 CFR part 1185 to reflect this statutory change and to 
eliminate other unnecessary and redundant provisions. The changes would 
clarify that the class exemption applies exclusively to interlocking 
directorates that (a) Do not involve an officer or director of a Class 
I rail carrier who seeks to become an officer or director of another 
Class I rail carrier, and (b) do not involve only Class III rail

[[Page 22015]]

carriers.1 The proposed rules would also make clear that, where 
the class exemption applies, it is not necessary to make a filing with 
the Board to invoke the exemption. See Southern Electric--Petition for 
Exemption--Construction of a Rail Line in Shelby Co., AL, Finance 
Docket No. 31498 et al. (ICC served Sept. 19, 1989).
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    \1\ All other ``interlocking directorates'' are exempted as a 
class by virtue of the decision of the ICC in Interlocking 
Directorates, supra. The Board proposes to expressly affirm and 
adopt that exemption.
---------------------------------------------------------------------------

    The proposed revision would also update and clarify the term 
``carrier'' for purposes of administering the interlocking officer and 
director provisions of the statute. Former 49 U.S.C. 11322, and the 
current regulations at 49 CFR 1185.2, use the term ``carrier'' as 
defined at former 49 U.S.C. 11301(a)(1).2 New 49 U.S.C. 11328 does 
not separately define ``carrier.'' We note that the general definition 
of ``rail carrier'' in new 49 U.S.C. 10102(5) refers to a person 
providing common carrier railroad transportation ``for compensation,'' 
but not to a ``sleeping car carrier'' or ``a corporation organized to 
provide transportation.'' 3
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    \2\ The definition in former section 11301(a)(1) read:
    ``carrier'' means a rail or sleeping car carrier providing 
transportation subject to the jurisdiction of the Interstate 
Commerce Commission under subchapter I of chapter 105 of this title 
(except a street, suburban, or interurban electric railway not 
operated as part of a general railroad system of transportation), 
and a corporation organized to provide transportation by rail 
carrier subject to that subchapter. (Emphasis supplied.)
    \3\ Under new 49 U.S.C. 10102(5), rail carrier is defined as:
    a person providing common carrier railroad transportation for 
compensation, but does not include street, suburban,or interurban 
electric railways not operated as part of the general system of rail 
transportation[.]
---------------------------------------------------------------------------

    In defining ``carrier'' for interlocking directorate purposes, we 
propose to exclude ``sleeping car carrier'' and to add ``for 
compensation.'' We also believe that, in the context of interlocking 
directorates, the term ``rail carrier'' should be interpreted to 
embrace corporations organized to provide transportation. Because an 
individual would need Board approval after a corporation becomes a 
carrier, we believe it is appropriate to allow an individual to obtain 
early Board consideration, thereby providing more commercial certainty. 
This would also benefit the Board, by giving us an earlier opportunity 
to analyze a potential interlocking officer position or directorate. We 
thus propose the following definition of rail carrier in our proposed 
rule 1185.1(d):

    A rail carrier means a person providing common carrier 
transportation for compensation (except a street, suburban, or 
interurban electric railway not operating as part of the general 
system of rail transportation), and a corporation organized to 
provide transportation by rail carrier.

    We also propose to change the requirements for the form of the 
application to comply with our rules of practice (proposed section 
1185.3). Finally, we seek specific comment on whether to include 
proposed section 1185.4, which would revise current 49 CFR 1185.9, 
General authority, pertaining to receipt of general authority to hold a 
directorship with subsidiary or affiliated companies. We question 
whether this provision is needed, because there are two other similar 
sections, proposed section 1185.5, Common control (currently section 
1185.10) and proposed section 1185.6, Jointly used terminal properties 
(currently section 1185.11).4 All three of these provisions 
concern interlocking directorships among carriers in an established 
system. See Governing Officers, 363 I.C.C. at 681 and 683.
---------------------------------------------------------------------------

    \4\ In Revised Regulations Governing Officers, 336 I.C.C. 679 
(1970) (Governing Officers), the ICC issued rules, codified at 49 
CFR 1185.10 and 11, that would allow individuals to hold 
interlocking directorate positions with carriers lawfully operated 
under common control and to hold interlocking directorate positions 
with a carrier and a terminal railroad whose facilities are operated 
or used by the carrier jointly with other carriers.
---------------------------------------------------------------------------

    The Board certifies that this rule, if adopted, would not have a 
significant economic effect on a substantial number of small entities. 
In response to the statutory change, this proposed rule will reduce 
regulation and it imposes no new reporting requirements on small 
entities. Requirements for the form of the application have been 
slightly modified to conform to the Board's rules of practice. The 
Board, however, seeks comments on whether there would be effects on 
small entities that should be considered.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.

List of Subjects in 49 CFR Part 1185

    Administrative practice and procedure, Railroad.

    Decided: April 23, 1996.

    By the Board, Chairman Morgan, Vice Chairman Simmons, and 
Commissioner Owen.
Vernon A. Williams,
Secretary.

    For the reasons set forth in the preamble and under the authority 
of 49 U.S.C. 721(a), title 49, chapter X, part 1185 of the Code of 
Federal Regulations is proposed to be revised to read as follows:

PART 1185--INTERLOCKING OFFICERS

Sec.
1185.1  Definitions and scope of regulations.
1185.2  Contents of application.
1185.3  Procedures.
1185.4  General authority.
1185.5  Common control.
1185.6  Jointly used terminal properties.

    Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 721, 10502, and 
11328.

Sec. 1185.1   Definitions and scope of regulations.

    (a) Under 49 U.S.C. 11328, authorization of the Board is required 
before a person may hold the position of officer or director of more 
than one rail carrier, except where only Class III carriers are 
involved. Board authorization is not needed for individuals seeking to 
hold the positions of officers or directors only of Class III 
railroads. 49 U.S.C. 11328(b).
    (b) When a person is an officer of a Class I railroad and seeks to 
become an officer of another Class I railroad, an application under 49 
U.S.C. 11328(a) (or petition for individual exemption under 49 U.S.C. 
10502) must be filed. All other ``interlocking directorates'' are 
exempt as a class from the prior approval requirements of 49 U.S.C. 
11328(a). For such interlocking directorates exempted as a class, no 
filing with the Board is necessary to invoke the exemption.
    (c) An ``interlocking directorate'' exists whenever an individual 
holds the position of officer or director of one rail carrier and 
assumes the position of officer or director of another rail carrier. 
This provision applies to any person who performs duties ordinarily 
performed by a director, president, vice president, secretary, 
treasurer, general counsel, general solicitor, general attorney, 
comptroller, general auditor, general manager, freight traffic manager, 
passenger traffic manager, chief engineer, general superintendent, 
general land and tax agent or chief purchasing agent.
    (d) For purposes of this part, a rail carrier means a person 
providing common carrier railroad transportation for compensation 
(except a street, suburban, or interurban electric railway not 
operating as part of the general system of rail transportation), and a 
corporation organized to provide such transportation.

Sec. 1185.2   Contents of application.

    (a) Each application shall state the following:

[[Page 22016]]

    (1) The full name, occupation, business address, place of 
residence, and post office address of the applicant.
    (2) A specification of every carrier of which the applicant holds 
stock, bonds, or notes, individually, as trustee, or otherwise; and the 
amount of, and accurate description of, the securities, owned or held 
by him, of each carrier for which he seeks authority to act. (Whenever 
it is contemplated that the applicant will represent on the board of 
directors of any carrier securities other than those owned by him, the 
application shall describe such securities, state the character of 
representation, the name of the beneficial owner or owners, and the 
general nature of the business conducted by such owner or owners.)
    (3) Each and every position with any carrier which is held by the 
applicant at the time of the application; and which he seeks authority 
to hold, together with the date and manner of his election or 
appointment thereto and, if he has entered upon the performance of his 
duties in any such position, the nature of the duties so performed and 
the date when he first entered upon their performance. (A decision 
authorizing a person to hold the position of director of a carrier will 
be construed as sufficient to authorize him to serve also as chairman 
of its board of directors or as a member or chairman of any committee 
or committees of such board; and, therefore, when authority is sought 
to hold the position of director, the applicant need not request 
authority to serve in any of such other capacities.)
    (4) As to each carrier covered by the requested authorization, 
whether it is an operating carrier, a lessor company, or any other 
corporation organized for the purpose of engaging in rail 
transportation. (If any such carrier neither operates nor owns any 
railroad, transportation by which is subject to the Act, there shall be 
filed with the application, as a part thereof, a copy of such carrier's 
charter or certificate or articles of incorporation, with amendments to 
date. When such copy has once been filed with the former Interstate 
Commerce Commission (ICC) or with the Board, reference thereto, with 
amendments, if any, will suffice.)
    (5) Thereafter a full statement of pertinent facts relative to any 
carrier which does not make annual reports to the Board, authorization 
for a position with which is sought.
    (6) Full information as to the relationship, operating, financial, 
competitive, or otherwise, existing between the carriers covered by the 
requested authorization.
    (7) Every corporation--industrial, financial, or miscellaneous--of 
which the applicant is an officer or director, and the general 
character of the business conducted by such corporation.
    (8) The reasons, fully, why the granting of the authority sought 
will not affect adversely either public or private interests.
    (9) Whether or not any other application for authority has been 
made in behalf of the applicant and, if so, the date and docket number 
thereof, by who made, and the action thereon, if any.
    (b) When application has been made in behalf of any person, a 
subsequent application by him need not repeat any statement contained 
in the previous application but may incorporate the same by appropriate 
reference.

Sec. 1185.3   Procedures.

    The original application or petition shall be signed by the 
individual applicant or petitioner and shall be verified under oath. 
Petitions and applications should comply with the Board's general rules 
of practice set forth at 49 CFR part 1104. Applications or petitions 
may be made by persons on their own behalf.

Sec. 1185.4   General authority.

    Any person who holds or may seek specific authority to hold 
positions with a carrier may also request general authority to act as 
an interlocking officer for all affiliated or subsidiary companies or 
properties used or operated by the carrier, either separately or 
jointly, with other carriers. A carrier may apply for general authority 
on behalf of an individual who has already received authority to act as 
an interlocking officer. However, a carrier may not apply for general 
authority for an individual who holds a position with another railroad 
which is not an affiliate or subsidiary of the carrier or whose 
properties are not used or operated by the carrier, either separately 
or jointly with other carriers.

Sec. 1185.5   Common control.

    It shall not be necessary for any person to secure authorization 
under the foregoing provisions to hold the position of officer or 
director of two or more carriers, if such carriers are operated under 
common control or management, either:
    (a) Pursuant to approval and authority of the ICC granted under 
former 49 U.S.C. 11343-44 (repealed effective January 1, 1996) or by 
the Board granted under 49 U.S.C. 11323-24, or
    (b) Pursuant to an exemption authorized by the ICC under former 49 
U.S.C. 10505 (repealed effective January 1, 1996) or by the Board under 
49 U.S.C. 10502, or
    (c) Pursuant to a controlling, controlled, or common control 
relationship which has existed between such carriers since before June 
16, 1933.

Sec. 1185.6   Jointly used terminal properties.

    Any person holding the position of officer or director of a carrier 
is hereby relieved from the foregoing provisions to the extent that he 
may also hold a directorship and any other position to which he may be 
elected or appointed with a terminal railroad the properties of which 
are operated or used by the carrier jointly with other carriers.

[FR Doc. 96-11716 Filed 5-10-96; 8:45 am]
BILLING CODE 4915-00-P

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