issue-1996-05-30•Federal Register proposed rules — 1996-05-30
Federal Register proposed rules — 1996-05-30
issue-1996-05-30Federal Register proposed rules — 1996-05-30Proposed 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. 96-13615 Limes and Avocados Grown in Florida
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Page 27027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13615]
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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.
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Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 /
Proposed Rules
[[Page 27027]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 911 and 915
[Docket No. FV96-911-3]
Limes and Avocados Grown in Florida
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum order.
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SUMMARY: This document directs that referenda be conducted among
eligible producers of Florida limes and Florida avocados to determine
whether they favor continuance of the marketing orders regulating the
handling of limes and avocados grown in the production area.
DATES: The referenda will be conducted from June 1 through June 15,
1996. To vote in these referenda, growers must have been producing
Florida limes or Florida avocados during the period April 1, 1995,
through March 31, 1996.
ADDRESSES: Copies of the marketing orders may be obtained from the
office of the referendum agent at P.O. Box 2276, Winter Haven, Florida,
33883-2276, or the Office of the Docket Clerk, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, Room 2525-S, Washington, DC, 20090-6456; telephone (202)
720-5053.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Division, Agricultural Marketing Service, Department of
Agriculture, P.O. Box 2276, Winter Haven, Florida, 33883-2276;
telephone: (941) 299-4770; or Britthany Beadle, Marketing Order
Administration Branch, Fruit & Vegetable Division, Agricultural
Marketing Service, Department of Agriculture, Room 2536-S, P.O. Box
96456, Washington, DC 20090-6456, telephone: (202) 720-5127.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order Nos. 911 [7 CFR
Part 911] and 915 [7 CFR Part 915], hereinafter referred to as the
``orders,'' and the applicable provisions of the Agricultural Marketing
Agreement Act of 1937, as amended [7 U.S.C. 601-674], hereinafter
referred to as the ``Act'', it is hereby directed that referenda be
conducted to ascertain whether continuance of the orders is favored by
the producers. The referenda shall be conducted during the period June
1, through June 15, 1996, among Florida lime and avocado producers in
the production area. Only producers that were engaged in the production
of Florida limes or Florida avocados during the period of April 1,
1995, through March 31, 1996, may participate in the continuance
referenda.
The Secretary of Agriculture has determined that continuance
referenda are an effective means for ascertaining whether producers
favor continuation of marketing order programs. The Secretary would
consider termination of the order(s) if less than two-thirds of the
producers voting in the referenda and producers of less than two-thirds
of the volume of Florida limes or Florida avocados represented in the
referenda favor continuance. In evaluating the merits of continuance
versus termination, the Secretary will not only consider the results of
the continuance referenda. The Secretary will also consider other
relevant information concerning the operation of the orders; the
orders' relative benefits and disadvantages to producers, handlers, and
consumers; and whether continued operation of the orders would tend to
effectuate the declared policy of the Act.
In any event, section 8c(16)(B) of the Act requires the Secretary
to terminate an order whenever the Secretary finds that a majority of
all producers affected by the order favor termination, and such
majority produced for market more than 50 percent of the commodity
covered under such order.
In compliance with the Office of Management and Budget (OMB)
regulations (5 CFR Part 1320) which implement the Paperwork Reduction
Act of 1995 [Pub. L. 104-13], the ballot materials to be used in the
referenda herein ordered have been submitted to and approved by OMB and
have been assigned OMB Nos. 0581-0091 for Florida limes and 0581-0078
for Florida avocados. It has been estimated that it will take an
average of 10 minutes for each of the approximately 114 producers of
Florida limes and 138 producers of Florida avocados to cast a ballot.
Participation in the referenda is voluntary. Ballots postmarked
after June 15, 1996, will not be included in the vote tabulation.
Doris Jamieson and Christian D. Nissen of the Southeast Marketing
Field Office, Fruit and Vegetable Division, Agricultural Marketing
Service, USDA, are hereby designated as the referenda agents of the
Secretary of Agriculture to conduct such referenda. The procedure
applicable to the referenda shall be the ``Procedure for the Conduct of
Referenda in Connection With Marketing Orders for Fruit, Vegetables,
and Nuts Pursuant to the Agricultural Marketing Agreement Act of 1937,
as Amended'' [7 CFR Part 900.400 et. seq].
Ballots will be mailed to all producers of record and may also be
obtained from the referenda agents and their appointees.
List of Subjects in 7 CFR Part 911
Limes, Marketing agreements, Reporting and recordkeeping
requirements.
List of Subjects in 7 CFR Part 915
Avocados, Marketing agreement, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Dated: May 22, 1996.
D. Michael Holbrook,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 96-13615 Filed 5-29-96; 8:45 am]
BILLING CODE 3410-02-P
Complete official Federal Register PDF
FR Doc. 96-13574 Standard Design Certification for the U.S. Advanced Boiling-Water Reactor and System 80+ Designs; Extension of Comment Period
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27027-27028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13574]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 52
RIN 3150-AE87; 3150-AF15
Standard Design Certification for the U.S. Advanced Boiling-Water
Reactor and System 80+ Designs; Extension of Comment Period
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule: extension of the comment period.
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[[Page 27028]]
SUMMARY: A supplementary notice of proposed rulemaking for
certification of the U.S. Advanced Boiling-Water Reactor (ABWR) and
System 80+ designs was published in the Federal Register on April 24,
1996 (61 FR 18099). The supplementary comment period expired on May 24,
1996. On May 17, 1996, the U.S. Nuclear Regulatory Commission (NRC)
received a request for a 60-day extension of the supplementary comment
period from the Nuclear Energy Institute (NEI). NEI requested the
extension in order to provide substantive comments on new issues, as
well as on longstanding issues that NEI stated have not yet been
resolved to its satisfaction. Therefore, the Commission is extending
the comment period to July 23, 1996.
The final design certification rules for the ABWR and System 80+
designs, which are under consideration by the Commission, are contained
in SECY-96-077, ``Certification of Two Evolutionary Designs,'' which
was prepared by the NRC staff. This SECY paper has been placed in the
NRC Public Document Room (PDR), and comments on the proposed rules,
focusing specifically on staff-recommended changes from the rules
originally proposed, are solicited. These changes are discussed in the
supplementary information section of the recommended notices of final
rulemaking contained in SECY-96-077. In addition, GE Nuclear Energy
(GE) submitted draft changes to the ABWR Design Control Document (DCD)
to the NRC in a letter dated April 16, 1996 that GE intends to include
in its final DCD. Comments are also solicited on GE's letter of April
16, 1996, which is available in the NRC PDR.
DATES: Comments are due by July 23, 1996. Comments received after this
date will be considered if it is practical to do so, but the Commission
will only assure consideration for comments received on or before this
date.
ADDRESSES: Submit written comments to the Secretary of the Commission,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
Attention: Docketing and Service Branch. Comments may also be hand
delivered to 11555 Rockville Pike, Rockville, Maryland, between 7:30
a.m. and 4:15 p.m. on Federal workdays. Copies of SECY-96-077,
including the Federal Register notices for both rules, and the comments
received will be available for examination at the NRC Public Document
Room at 2120 L Street NW (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Jerry N. Wilson, Office of Nuclear
Reactor Regulation, telephone (301) 415-3145, or Geary S. Mizuno,
Office of the General Counsel, telephone (301) 415-1639, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
Dated at Rockville, Maryland, this 23rd day of May, 1996.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 96-13574 Filed 5-29-96; 8:45 am]
BILLING CODE 7590-01-M
Complete official Federal Register PDF
FR Doc. 96-13572 Public Telecommunications Facilities Program
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27230-27242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13572]
[[Page 27229]]
_______________________________________________________________________
Part VI
Department of Commerce
_______________________________________________________________________
National Telecommunications and Information Administration
_______________________________________________________________________
15 CFR Part 2301
Public Telecommunications Facilities Program; Proposed Rule
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 /
Proposed Rules
[[Page 27230]]
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
15 CFR Part 2301
[Docket No. 960524148-6148-01]
RIN 0660-AA09
Public Telecommunications Facilities Program
AGENCY: National Telecommunications and Information Administration
(NTIA), Commerce.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The National Telecommunications and Information Administration
(NTIA) is issuing a Notice of Proposed Rulemaking. This Notice is
intended to clarify and/or revise the rules and appendix governing
administration of the Public Telecommunications Facilities Program
(PTFP). The PTFP is authorized to provide matching grants to plan and
construct public telecommunications facilities.1
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\1\ See 47 U.S.C. 390-393, and 397-399b (1988), The
Communications Act of 1934, as amended. Unless otherwise noted, all
statutory citations are to title 47 of the United States Code.
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NTIA intends to issue Final Rules after it has received, evaluated
and addressed public comments on these Proposed Rules.
DATES: Comments must be filed no later than the close of business on
July 15, 1996.
ADDRESSES: Persons and organizations interested in commenting on the
Proposed Rules must send three copies of any comments to: Public
Telecommunications Facilities Program, NTIA, Department of Commerce,
14th Street and Constitution Avenue, NW, Room 4625, Washington, DC
20230. Attention: Dennis Connors.
FOR FURTHER INFORMATION CONTACT: Persons desiring further information
regarding the Proposed Rules should contact Dennis Connors, Public
Telecommunications Facilities Program, NTIA, DOC, 14th Street and
Constitution Avenue NW., Room 4625, Washington, DC 20230, telephone
(202) 482-5802.
SUPPLEMENTARY INFORMATION: In March 1995, President Clinton issued a
directive to Federal agencies regarding their responsibilities under
his Regulatory Reform Initiative. This initiative is part of the
National Performance Review and calls for immediate, comprehensive
regulatory reform. The President directed that all agencies undertake
an exhaustive review of all their regulations with an emphasis on
eliminating or modifying those that are obsolete or otherwise in need
of reform. These Proposed Rules represent the first step in NTIA's
response to this directive for the PTFP.
In keeping with the Presidential directive, NTIA has taken this
opportunity to thoroughly review the existing 1991 Rules.2 We are
proposing a number of changes discussed below which simplify or delete
requirements. In order to clarify the rules, we have removed internal
repetition as well as duplication of requirements set forth for
grantees in other government rules and regulations.
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\2\ See 15 CFR Part 2301, published in the Federal Register,
Vol. 56, No. 226, p. 59168. (November 22, 1991).
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The change most readily apparent to those familiar with the 1991
Rules is that the Proposed Rules have been completely reorganized to
make it easier for applicants and grantees to understand the
requirements of the program. Additional headers have been added and
minor language changes made to increase clarity. However, unless
discussed further below, the intent of the regulations remains the same
as in the 1991 Rules.
The most significant policy change contained in the Proposed Rules
includes a complete revision of the evaluation criteria which formerly
was contained in two sections, Sec. 2301.13 Funding Criteria for
Construction Applications and Sec. 2301.14 Funding Criteria for
Planning Applications. The Proposed Rules combine both construction and
planning evaluation criteria into a new Sec. 2301.17. The Proposed
Rules also add a description of PTFP's technical evaluation process in
Sec. 2301.16 and a description of the selection process used to award
grants in Sec. 2301.18.
Two clarifications have been made in the funding priorities, which
previously were contained in the Appendix to the 1991 Rules and are now
incorporated into the Proposed Rules at Sec. 2301.4. NTIA proposes to
modify the former Priority 4, Replacement and Improvement of Basic
Equipment for Existing Broadcast Stations. Under the proposed
Sec. 2301.(4)(b)(4) NTIA has redesignated this section as Priority 4,
Improvement of Public Broadcasting Services and expanded its scope. In
addition to the projects formerly included under Priority 4, NTIA now
will consider projects to construct public broadcast stations to
address underserved needs in an area already served by other public
broadcasting facilities. Under the previous funding priorities in the
Appendix to the 1991 Rules, NTIA considered applications intended to
serve areas already served by other public broadcasting facilities
within the Special Applications category while other broadcast projects
were considered within the funding Priorities. NTIA believes that all
broadcast applications should be evaluated within the funding
priorities. NTIA continues to believe that the PTFP's highest
priorities are the provision of a first signal to a geographic area
(Priority 1), urgent replacement of equipment at the sole station
serving a geographic area (Priority 2), and first local origination
(Priority 3). Therefore, projects to construct public broadcast
stations to address underserved needs in an area already served by
other public broadcasting facilities will be considered in Priority 4A,
where they will be considered with other applications from stations in
areas already served by another public broadcasting facility. The
remainder of Priority 4A and Priority 4B remain unchanged from the
Appendix to the 1991 Rules.
With the proposed revision of Priority 4, all broadcast
applications have been placed within the five funding priorities. The
Special Applications category therefore will consist solely of
nonbroadcast projects and the language of the Special Applications
category has been revised at Sec. 2301.(4)(a).
Under Sec. 390 of the Act, NTIA has the authority to consider
applications which further the delivery of public telecommunications
services to as many citizens in the United States as possible by the
most efficient and economical means. NTIA recognizes that the issue of
conversion to advanced digital technologies is of great importance for
the future viability of public broadcasting facilities in the United
States. NTIA believes that public broadcasters must adequately plan for
the transition to advanced digital technologies and will therefore
welcome applications which will assist in planning for the digital
conversion of public broadcasting facilities.
The following reviews each section of the Proposed Rules and
compares it with similar sections in the 1991 Rules.
Section 2301.1 Program Purposes
The new Sec. 2301.1 Program Purposes replaces Sec. 2301.2 Program
Purposes in the 1991 Rules. This section of the 1991 Rules for the most
part repeated the language contained in Sec. 393(b) of the Act. NTIA
believes that the overall purposes of the PTFP are better expressed in
Sec. 390 of the Act. This
[[Page 27231]]
section of the Act, restated in the new Sec. 2301.1, now serves as an
introduction to the PTFP Regulations.
Section 2301.2 Definitions
The new Sec. 2301.2 Definitions repeats for the most part
Sec. 2301.1 Definitions in the 1991 Rules. The definition for the term
``Non-Federal financial support'' has been deleted. The term is no
longer used since the requirement to report on three years of Non-
Federal financial support (Sec. 2301.5(d)(2)(viii) of the 1991 Rules)
has been deleted.
Three new definitions have been added. A new definition for the
term ``planning'' has been added to complement the definition for the
term ``construction,'' and a new definition has been added for
``closing date'' since the term is used throughout the Proposed Rules.
Further, the definition of ``Federal interest period'' has been
expanded to clarify that limitations on the use of Federally-funded
public telecommunications facilities, such as the prohibition on the
use PTFP funded equipment for the broadcast of advertisements (see
Sec. 2301.19(a)(5)) or the restrictions on sectarian use (see
Sec. 2301.19(b)) extend for the useful life of the equipment, whether
or not this period extends beyond the 10 year Federal interest period.
We are also adopting the definition of ``minorities'' which was
previously set forth in our policy statement printed in the Federal
Register, Vol. 44, No. 111, p. 33032.
Section 2301.3 Applicant Eligibility
The new Sec. 2301.3 Applicant Eligibility was contained as a part
of Secs. 2301.4(a), (b) and (e) Eligible Organizations and Projects of
the 1991 Final Rules. On December 22, 1995, NTIA issued a notice and an
amendment to the PTFP regulations in the Federal Register (60 FR 66491,
Dec. 22, 1995) on its policy with regard to sectarian activities. The
December 22, 1995 Notice revised the previous Sec. 2301.4 on
eligibility. The revisions outlined in that Notice are included in the
Proposed Rules in Sec. 2301.3. The process of obtaining preliminary
eligibility determinations (Sec. 2301.3(d)) has been simplified and
much of the prior language specifying this procedure (Sec. 2301.4(f) in
the 1991 Rules) has been eliminated.
Section 2301.4 Scope of Projects
The new Sec. 2301.4 Scope of Projects contains the material
included in the Appendix to the 1991 Rules dealing with Special
Applications and Priorities. This section replaces Sec. 2301.4(c) of
the 1991 Rules, which for the most part was another paraphrase of
Sec. 393(b) of the Act. We believe that it is more useful to applicants
that this new Sec. 2301.4 contain the scope of eligible projects
developed by NTIA to achieve the objectives of Sec. 393(b) of the Act.
Significant changes in Sec. 2301.4(a) Special Applications and
Sec. 2301.4(b)(4) Priority 4 applications were discussed earlier in
this document. Sec. 2301.4(b)(1)(iv) adds language to clarify how PTFP
considers the presence of AM daytime only stations in determining the
Priority for proposed FM facilities serving a similar coverage area.
Sec. 2301.4(c) parallels Sec. 2301.3(d) of the Proposed Rules in
permitting potential applicants to obtain preliminary eligibility
determinations. Sec. 2301.4(d) maintains the intent of
Sec. 2301.4(f)(3) of the 1991 Rules that the Agency will review all
applications after the closing date and that a preliminary eligibility
determination does not guarantee that the Agency will accept a future
application.
Section 2301.5 Special Consideration
The new Sec. 2301.5 Special Consideration is based in part on
Sec. 2301.3 Special Consideration in the 1991 Rules. The section has
been revised to reflect language in the Act (Sec. 392(f)). The sentence
regarding a requirement for special consideration of a minimum 50%
level of control of the applicant by women and minorities has been
deleted.
Section 2301.6 Amount of Federal Funding
The new Sec. 2301.6 Amount of Federal Funding is based upon
Sec. 2301.16 Amount of the Federal Grant in the 1991 Rules. Several
sentences in this section have been rearranged within the section to
group similar issues and increase the clarity of the regulation. We are
also taking this opportunity to clarify PTFP's position on the level of
matching funds required for broadcast equipment replacement,
improvement and augmentation projects and to make it more consistent
with treatment of non-Federal cost share under OMB Circular A-110 and
15 CFR Part 24. The new Sec. 2301.6(b)(ii) is a restatement of NTIA
policy previously published on November 22, 1991 (Fed. Reg. Vo. 56, No.
226, p. 59191) which indicates the presumption of 50% Federal
participation for equipment replacement, improvement and augmentation
projects. New language in Sec. 2301.6(b)(2) clarifies NTIA's existing
policy that obligating funds for equipment before the closing date is
considered ownership or acquisition of equipment and is not normally
permitted. However, NTIA will now consider on a case-by-base basis
inclusion of equipment as matching funds purchased prior to the closing
date due to unusual circumstances when a clear and compelling showing
is made. Sec. 2301.6(d) has been revised to indicate that if a grantee
obligates Federal funds before the project start date, those costs may
be disallowed. This revision replaces language in the 1991 Rules
(Sec. 2301.23(a)-(c)) which gave the Department the option of
terminating the entire grant.
Section 2301.7 Eligible and Ineligible Project Costs
The new Sec. 2301.7 Eligible and Ineligible Project Costs is based
on Sec. 2301.17 Items and Costs Ineligible for Federal funds from the
1991 Rules. Specific information on the eligible and ineligible costs
has been deleted from this section. The new language formalizes a
procedure that NTIA has been following in recent years, which is to
annually publish a list of eligible and ineligible costs in the Federal
Register as part of the solicitation of applications. The list will be
distributed as part of the application materials. Sec. 2301.7(c) has
been revised to reflect the change noted in the prior section regarding
Sec. 2301.6(b)(2).
Section 2301.8 Submission of Applications
Section 2301.9 Deferred Applications
Section 2301.10 Applications Resulting From Catastrophic Damage or
Emergency Situations
The new Secs. 2301.8 Submission of Applications, 2301.9 Deferred
Applications and 2301.10 Applications Resulting From Catastrophic
Damage or Emergency Situations are all derived from Sec. 2301.5
Application Procedures in the 1991 Rules. The former Sec. 2301.5 has
been divided into three sections for clarity, but the application
procedures contained in the three new sections are similar to that of
the 1991 Rules. Lengthy sections from the old Sec. 2301.5 regarding the
specific requirements to be submitted in a new or deferred application
have been deleted (e.g. Secs. 2301.5(d)(2)(i-xxii)) and 2301.5(e)(4)(i-
xi). Removing the specific requirements from the Rules will give NTIA
the flexibility of future reductions in requirements on the application
form to lessen the burden on applicants. For example, in FY 1997, NTIA
will, under the Proposed Rules, delete the requirement to submit the
three year report on Non-Federal Financial Support (Exhibit B) now
required by the 1991 Rules and contained in the current application
form. Specific requirements of the application are now and will
[[Page 27232]]
continue to be contained in the application form that will be
distributed as part of application materials.
The Proposed Rules drop the specific requirement in the 1991 Rules
(Sec. 2301.5(d)(2)) that an applicant submit ``an original and one copy
of the Agency application form'' but now specifies at the new
Sec. 2301.8(d) that the applicant submit ``the number of copies
specified by the Agency.'' This will permit NTIA to be flexible, within
OMB guidelines, on the number of applications forms required in order
to complete processing of the applications in a timely manner.
Two paragraphs from the Additional Information section in the 1991
Rules (Sec. 2301.6(d)(1) and (2)) were relocated to the new Submission
of Applications section (Sec. 2301.8(g) and (h)) to notify potential
applicants of the use of Name Check forms and financial responsibility
determinations in the application review process. In Secs. 2301.8(g)
and(h), the Proposed Rules clarify the uses of these reports in the
application review process. The new Sec. 2301.8(i) is Department of
Commerce policy.
The new Sec. 2301.10 Applications Resulting From Catastrophic
Damage or Emergency Situations contains one significant change from
Sec. 2301.5(g) of the 1991 Rules. Under Sec. 2301.10(a), NTIA proposes
to consider the complete failure of basic equipment essential to a
station's continued operation, even if the failure is not the result of
a natural or manmade disaster, as an emergency situation which may
warrant immediate consideration of an application.
Section 2301.11 Service of Applications
The new Sec. 2301.11 Service of Applications was the former
Sec. 2301.7 Service of Applications in the 1991 Rules. Section
Sec. 2301.11(c) has been clarified to indicate that applicants must
notify the State Single Points of Contact (SPOC) in each state relevant
to the project that an application for funding has been submitted to
PTFP. In the opening sentence to this section, we further clarify that
the notification to the SPOC, the FCC and the state telecommunications
agencies need only be a summary of the application, rather than the
full application required in prior PTFP Rules. Future application
materials will provide guidance as to what should be included in the
summary to provide adequate notification to the requisite agencies
while reducing the notification burden on all applicants.
Section 2301.12 Federal Communications Commission Authorizations
The new Sec. 2301.12 Federal Communications Commission
Authorizations was the former 2301.8 Federal Communications Commission
in the 1991 Rules. The section contains a few minor editorial
improvements in (a), (c), and (g) with no change in intent.
Section 2301.13 Public Comments
The new Sec. 2301.13 Public Comments is based on the former
Sec. 2301.11 Public Comments in the 1991 Rules. Under the new
Sec. 2301.13(a), NTIA intends to publish a list of all applications
received. This replaces the publishing of a list of applications
accepted for filing (Sec. 2301.9(a) contained in the 1991 Rules.) The
former listing of applications accepted for filing was often
incomplete, as determinations of eligibility were sometimes made after
the publication of the notice. NTIA believes that publication of a full
listing of applications received can be done soon after the closing
date, and better serves the public by permitting a longer period of
time for receipt of public comments. Sec. 2301.13(c) clarifies that
copies of the applications are available for public inspection in the
NTIA offices. The new Sec. 2301.13(d) has been modified to clarify that
only those public comments which oppose an application must be served
on the applicant. Sec. 2301.13(e) clarifies the use of the public
comments.
Section 2301.14 Supplemental Application Information
The new Sec. 2301.14 Supplemental Application Information is based
on Sec. 2301.6 Additional Information from the 1991 Rules. Paragraph
(b)(4) of this section has been revised to reduce the burden on
applicants. Where the 1991 rules require notification to NTIA of any
changes in the applicants ``board structure, in the applicant's
501(c)(3) status, or in the applicant's Articles of Incorporation or
Bylaws,'' the Proposed Rules only require notification to NTIA of
changes ``that affect the applicant's eligibility.'' In the new
organization of the Proposed Rules, several paragraphs have been moved
into or out of this section. Sec. 2301.15(f)(1) of the 1991 Rules was
moved into this section and is now contained in the new
Sec. 2301.14(d). As previously noted, two paragraphs from the
Additional Information section in the 1991 Rules (Secs. 2301.6(d) (1)
and (2)) were relocated to the new Submission of Applications section
(Secs. 2301.5 (h) and (i)).
Section 2301.15
Withdrawal of Applications
The new Sec. 2301.15 Withdrawal of Applications is taken from
Sec. 2301.9(g) of the 1991 Rules and placed in this separate section
for clarity. The section has been slightly revised with no change in
intent.
Section 2301.16 Technical Evaluation Process
The new Sec. 2301.16 Technical Evaluation Process combines elements
from several sections in the 1991 Rules. The new Sec. 2301.16(a) is
based on Sec. 2301.13 of the 1991 Rules. Secs. 2301.16 (c), (d), and
(e) parallel the procedures currently used by NTIA in the review of the
PTFP applications and are similar to the information contained in the
Notice of Closing Date for the FY 1996 Grant Cycle, published in the
Federal Register on February 22, 1996 (FR xxx). The new Sec. 2301.16(d)
is also based on Secs. 2301.12 (b) and (c) of the 1991 Rules.
Section 2301.17 Evaluation Criteria for Construction and Planning
Applications
The new Sec. 2301.17 Evaluation Criteria for Construction and
Planning Applications is totally new and replaces Sec. 2301.13 Funding
Criteria for Construction Applications and Sec. 2301.14 Funding
Criteria for Planning Applications in the 1991 Rules. The new
Sec. 2301.17 proposes six broad criteria upon which the applications
will be evaluated. These are: Project Objectives, Applicant
Qualifications, Urgency, Financial Qualifications, Special
Consideration, and either Technical Qualifications (for construction
projects) or Planning Qualifications (for planning projects). This new
section combines the evaluation criteria for planning and construction
applications in one place, reduces redundancy and clarifies the
evaluation criteria. The Agency will provide each applicant with
guidance in the application materials on the appropriate type of
documentation to meet each of the evaluation criteria which reflects
the type and priority of the application being proposed. We have not
assigned a weight to each of the criterion. In prior years, we have
weighted all criteria equally. We are soliciting comment on the
appropriate weights to be assigned.
Section 2301.18 Selection Process
The new Sec. 2301.18 Selection Process is a new section which
serves to distinguish the evaluation factors used in Sec. 2301.17 from
those additional factors used in the selection of the grant.
Secs. 2301.18 (a) and (b) parallel the procedures currently used by
NTIA in
[[Page 27233]]
the selection of the PTFP applications for funding and are similar to
the information contained in the Notice of Closing Date for the FY 1996
Grant Cycle, published in the Federal Register on February 22, 1996
(Fed. Reg. Vol. 61, No. 36, p. 6912). The new Sec. 2301.18(c) is the
same as Sec. 2301.8(h) of the 1991 Rules. The new Secs. 2301.16 (d) and
(e) are based on Sec. 2301.15 (a) and (b) of the 1991 Rules.
Section 2301.19 General Conditions Attached to the Federal Award
The new Sec. 2301.19 General Conditions Attached to the Federal
Award is the first of several new sections which are derived from
Sec. 2301.22 Conditions Attached to the Federal Award in the 1991
Rules. The new Sec. 2301.19 combines, in order, the following
paragraphs from Sec. 2301.22 of the 1991 Rules, (b)(1), (2), (3), (16),
(4), (5), (11), and 2301.22(d). The remainder of Sec. 2301.22 in the
1991 Rules has been included in other sections as discussed below or
deleted as unnecessary. The new Sec. 2301.19(c) is based on
Sec. 2301.23(c)(1) of the 1991 rules with the last two sentences of the
new Sec. 2301.19(c) added for clarity.
Section 2301.20 Schedules and Reports
The new Sec. 2301.20 Schedules and Reports is based on
Secs. 2301.22(b) (8) and (12) Conditions Attached to the Federal Grant
in the 1991 Rules. These two paragraphs have been given their own
section for clarity. Several adjoining paragraphs, including
Secs. 2301.22(b) (9)-(11) and (13)-(17) have been deleted as
unnecessary as they are redundant with other sections of the Proposed
Rules or restate other law or OMB circulars.
Section 2301.21 Payment of Federal Funds
The new Sec. 2301.21 Payment of Federal Funds is based on
Sec. 2301.18 Payment of the Federal Grant of the 1991 Rules.
Sec. 2301.18(c) was removed from this section of the 1991 Rules and was
relocated to the new Sec. 2301.20(c) as more appropriate.
Section Sec. 2301.22 Protection, Acquisition and Substitution of
Equipment
The new Sec. 2301.22 Protection, Acquisition and Substitution of
Equipment, is based on Secs. 2301.22(a) and 2301.22(b)(7) of the 1991
Rules. Several portions of these paragraphs have been deleted as
redundant with other sections of the Proposed Rules. The new
Sec. 2301.22 includes several changes designed to provide the Agency
with flexibility in administering the program and to lessen the
regulatory impact on grantees. These changes deal with the conditions
under which a grantee is required to provide evidence of liens,
insurance and leases sufficient to protect the Federal government's 10
year reversionary interest in the PTFP funded equipment. The 1991 Rules
do not provide NTIA with any flexibility in requiring these items. The
Proposed Rules discuss the requirements that a grantee protect the
Federal government's interest in PTFP funded equipment by obtaining
insurance, having sufficient lease/ownership rights to property, and
securing the Federal interest by a lien. However, the Proposed Rules
delete specific ways that these items must be documented to the Agency.
For example, the new Sec. 2301.22(a) reduces a prior ``The grantee
shall'' in the 1991 Rules (Sec. 2301.18(a)) to the lesser ``The Agency
may require a grantee to'' provide liens within 90 days after a grant
award is received. Language reflecting this approach also appears in
Secs. 2301.22(g)(4), 2301.23((b)(8) and 2301.25(b). Likewise, specific
requirements for an attorney's letter of certification on property
lease/ownership right is also deleted from the regulations. NTIA would
like to explore alternate ways to protect the Federal interest which
will reduce the burden on grantees. We are therefore proposing to
revise these sections of the Proposed Rules to permit this future
flexibility.
The new Sec. 2301.22(e) replaces Sec. 2301.22(c) of the 1991 Rules.
NTIA is proposing to delete several restrictions on the lease of
equipment, specifically the former Sec. 2301.22(c)(1), which required
that the lease be for ``not less than the (10) years,'' and
Sec. 2301.22(c)(2), which limited the cost of the lease to ``not be
more than the total of the non-Federal share of the matching funds.''
NTIA believes that these statements were overly restrictive and now
proposes to consider any lease that is to the ``benefit to the Federal
government'' (new Sec. 2301.22(e)(1)).
The new Secs. 2301.22 (f)-(h) are based on Sec. 2301.23 (c) and (d)
Grant Suspension, Terminations and Transfers in the 1991 Rules and have
been revised for clarity.
Section 2301.23 Completion of Projects
The new Sec. 2301.23 Completion of Projects is based on
Sec. 2301.20 Completion of Projects in the 1991 Rules. Several
paragraphs have been renumbered and minor changes have been made in
Secs. 2301.23(a)(4) and (b)(1) to improve clarity. The requirement in
Sec. 2301.23(b)(4) to provide a copy of the insurance policy has been
dropped inasmuch as the same paragraph requires that the grantee must
certify its insurance coverage. Paragraph Sec. 2301.24(c) was contained
in Sec. 2301.18 in the 1991 Rules and is more appropriate in this
section. This sentence has been revised to clarify that the project
completion date is usually the date on which the project period expires
unless the grantee certifies in writing prior to the project period
expiration date that the project is complete.
Section 2301.24 Final Federal Payment
The new Sec. 2301.24 Final Federal Payment is a revision of
Sec. 2301.16(d) of the 1991 Rules. This paragraph was given its own
section in the Proposed Rules for clarity. The language of the section
has been simplified without changing the intent.
Section 2301.25 Retention of Record and Annual Status Reports
The new Sec. 2301.25 Retention of Records and Annual Status Reports
is based on Sec. 2301.19 Retention of Records and Sec. 2301.21 Annual
Status Reports for Construction Projects in the 1991 Rules. The section
was shortened and the language retained notifies applicants and
grantees of NTIA's basic record keeping requirements. Further
information on records retention will be included in materials sent to
grantees at the time an award is made. The detailed procedural
information that is required in the annual status report has been
deleted from the proposed rule and will be provided to grantees at the
time a project is closed out.
Section 2301.26 Waivers
The new Sec. 2301.26 Waivers is based on Sec. 2301.25 Waivers in
the 1991 Rules. A sentence was added to clarify the Administrator's
waiver authority.
One significant section of the 1991 Rules has been deleted in its
entirety. This is Sec. 2301.10 Appeals. Applicants are given the
opportunity to request a preliminary determination of eligibility, and
are provided written notice. The Appeals process was rarely used.
We are also taking this opportunity to restate several long
standing PTFP policies which were published in the preambles of
previous PTFP rules. The following policies remain in effect:
Evidence of Tax-Exempt Status
Applicants who are eligible for a Section 501(c)(3) exemption from
the IRS or the equivalent exemption from the Commonwealth of Puerto
Rico must
[[Page 27234]]
submit a copy of that exemption. Applicants who are ineligible for
Section 501(c)(3) exemption but who can demonstrate nonprofit status by
showing an applicable State tax exemption will be considered on a case-
by-case basis. They must submit: (a) evidence of their State tax-exempt
status; (b) citation to, and a copy of, the State statutory provisions
governing that exemption; and (c) a brief statement explaining why they
lack a Section 501(c)(3) exemption. (Fed. Reg. Vol. 44, No. 104, p.
30899)
Equipment Which Becomes Obsolete Before the end of the 10 Year Period
of Federal Interest
In the case of equipment which become obsolete or wears out before
the 10-year period of Federal interest expires, we will permit the
trade-in or sale of the equipment and application of the remaining
portion of the 10-year period to the new equipment. (Fed. Reg. Vol. 44,
No. 104, p. 30910)
Selection of Priority
In preparing the narrative portions of its application, each
applicant should state under which priority it desires NTIA to consider
its application. In doing so, each applicant makes sure that its
application contains sufficient documentation to justify its
qualification under the selected priority. NTIA will then evaluate the
application with the selected priority unless the Agency determines
that the priority selected by the applicant is not supported by the
documentation provided. Each applicant will be notified of any change
in the priority under which its application is to be considered. Such
notifications will be in writing and will not be subject to appeal.
(Fed. Reg. Vol. 47, No. 228, p. 53653)
Award of Deferred Applications
The Administrator retains the discretion to award grants to
deferred applications at any time where the Administrator can determine
with reasonable certainty that the particular project is exceptionally
meritorious (on the basis of the Agency's preliminary determination of
all other applications within the priority) and that the Agency would
fund the project after completing the evaluation of all the application
in the priority (on the basis of the Agency's prior experience in
making grants.) Under this process, the Agency will be able to fund
applications that the Agency had deferred in the prior year because of
technical problems (such as the inability to obtain the necessary FCC
authorizations) which have since been eliminated. (Fed. Reg. Vol. 47.
No. 50, p. 11232.)
Support for Salary Expenses
NTIA regards its primary mandate to be funding the acquisition of
equipment and only secondarily the funding of salary expenses, even
when allowed by law. Moreover, NTIA notes that the competition for PTFP
funding remains intense. To ensure that PTFP monies are distributed as
effectively as possible in this competitive atmosphere, NTIA must weigh
carefully its support for any project cost not directly involved with
the purchase of equipment.
Therefore, NTIA generally will not fund salary expenses, including
staff installation costs, pre-application legal and engineering fees,
and pre-operational expenses of new entities. NTIA will support such
costs only when the applicant demonstrates that exceptional need exists
or that substantially greater efficiency would result from the use of
staff installation instead of contractor installation.
As regards the installation of transmission equipment, NTIA
strongly favors the use of either manufacturer or professional
contractor personnel and commonly funds these costs. NTIA believes that
the value of transmission equipment and the complicated nature of its
installation require expertise beyond that normally found on station
staffs.
NTIA will rarely support requests for assistance for the
installation of studio and test equipment, whether that installation is
by staff or by contract employees. Such installation is normally of
minimum difficulty, and the associated installation costs should be
absorbed in the recipient's normal operating budget. Again, NTIA will
take into account demonstrations of exceptional need. (Fed. Reg. Vol.
56, No. 226, p. 59172)
It has been determined that this rule is not significant for
purposes of Executive Order (E.O.) 12866.
A Regulatory Flexibility Analysis is not required under The
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) because the rules
were not required to be promulgated as proposed rules before issuance
as final rules by Sec. 553 of the Administrative Procedures Act (5
U.S.C. 553) or by any other law. This rule does not contain policies
with Federalism implications sufficient to warrant preparation of a
Federalism assessment under Executive Order 12612.
The Department has determined that these rules will not
significantly affect the quality of the human environment. Therefore,
no draft or final Environmental Impact Statement has been or will be
prepared. Notwithstanding any other provision of law, no person is
required to respond to nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number.
The Office of Management and Budget has approved the information
collection requirements contained in these rules pursuant to the
Paperwork Reduction Act under OMB Control Nos. 0660-0003, 0660-0001 and
0605-0001. The public reporting burden for the application requirements
vary from 16 hours to 200 hours with an estimated average of 125 hours
per application, including associated exhibits; the reporting and
record keeping burden for the grant monitoring reports vary from 1 to
24 hours depending on the respective requirement; and, the reporting
burden for the name-check form (CD-346) is estimated at 15 minutes.
These estimates include the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collections of information. Send comments
regarding these burden estimates, or any other aspects of the
collections of information, including suggestions for reducing this
burden, to the Office of Policy and Coordination and Management, NTIA,
U.S. Department of Commerce, Washington, D.C. 20230; and to the Office
of Information and Regulatory Affairs, Office of Management and Budget,
Washington, D.C. 20503 (Attention: NTIA Desk Officer).
(Catalogue of Federal Domestic Assistance No. 11.550)
List of subjects in 15 CFR Part 2301
Administrative procedure, Grant programs--communications, Reporting
requirements, Telecommunications.
Larry Irving,
Administrator.
Part 2301 of Title 15, Code of Federal Regulations, is proposed to
be revised to read as follows:
PART 2301--PUBLIC TELECOMMUNICATIONS FACILITIES PROGRAM
Subpart A--General
Sec.
2301.1 Program purposes.
2301.2 Definitions.
[[Page 27235]]
Subpart B--Application Requirements
2301.3 Applicant eligibility.
2301.4 Scope of projects.
2301.5 Special consideration.
2301.6 Amount of Federal funding.
2301.7 Eligible and ineligible project costs.
2301.8 Submission of applications.
2301.9 Deferred applications.
2301.10 Applications resulting from catastrophic damage or
emergency situations.
2301.11 Service of applications.
2301.12 Federal Communications Commission authorizations.
2301.13 Public comments.
2301.14 Supplemental application information.
2301.15 Withdrawal of applications.
Subpart C: Evaluation and Selection Process
2301.16 Technical evaluation.
2301.17 Evaluation criteria for construction and planning
applications.
2301.18 Selection process.
Subpart: D: Post-Award Requirements
2301.19 General conditions attached to the Federal Award.
2301.20 Schedules and reports.
2301.21 Payment of Federal funds.
2301.22 Protection, acquisition and substitution of equipment.
Subpart E: Completion of Projects
2301.23 Completion of projects.
2301.24 Final Federal payment.
2301.25 Retention of records and annual status reports.
Subpart F: Waivers
2301.26 Waivers.
Authority: The Public Telecommunications Financing Act of 1978,
as amended, 47 U.S.C. Secs. 390-393 (Act). (Catalog of Federal
Domestic Assistance No. 11.550)
Subpart A--General
Sec. 2301.1 Program Purposes.
Pursuant to section 390 of the Act, (The Communications Act of
1934, as amended), the purpose of the Public Telecommunications
Facilities Program (PTFP) is to assist, through matching grants, in the
planning and construction of public telecommunications facilities in
order to achieve the following objectives:
(a) Extend delivery of public telecommunications services to as
many citizens in the United States as possible by the most efficient
and economical means, including the use of broadcast and nonbroadcast
technologies;
(b) Increase public telecommunications services and facilities
available to, operated by, and owned by minorities and women; and
(c) Strengthen the capability of existing public television and
radio stations to provide public telecommunications services to the
public.
Sec. 2301.2 Definitions.
Act means Part IV of Title III of the Communications Act of 1934,
47 U.S.C. 390-393 and 397-399b, as amended.
Administrator means the Assistant Secretary for Communications and
Information of the United States Department of Commerce who is also
Administrator of the National Telecommunications and Information
Administration.
Agency means the National Telecommunications and Information
Administration of the United States Department of Commerce.
Broadcast means the distribution of electronic signals to the
public at large using television (VHF or UHF) or radio (AM or FM)
technologies.
Closing date means the date which the Administrator sets as the
deadline for the receipt of applications during a grant cycle.
Construction (as applied to public telecommunications facilities)
means acquisition (including acquisition by lease), installation, and
improvement of public telecommunications facilities and preparatory
steps incidental to any such acquisition, installation or improvement.
Department means the United States Department of Commerce.
FCC means the Federal Communications Commission.
Federal interest period means the period of time during which the
Federal government retains a reversionary interest in all facilities
constructed with Federal grant funds. This period begins with the
purchase of the facilities and continues for ten (10) years after the
official completion date of the project. Although OMB Circular A-110
Secs. ____.33 and ____.34 and 15 CFR 24.31 and 24.32, specify that the
Federal government maintains a reversionary interest in the facilities
for as long as the facilities are needed for the originally authorized
purpose, PTFP's authorizing statute (47 U.S.C. 392(g)) limits the
reversionary period for ten years for purposes of this program.
However, Federal limitations on the use of the facilities survive for
the useful life of the facilities whether or not this period extends
beyond the ten year Federal interest period.
Minorities means American Indians, Alaska Natives, Asian or Pacific
Islanders, Hispanics, and Blacks, not of Hispanic Origin.
Nonbroadcast means the distribution of electronic signals by a
means other than broadcast technologies. Examples of nonbroadcast
technologies are Instructional Television Fixed Service (ITFS),
satellite systems, and coaxial or fiber optic cable.
Noncommercial educational broadcast station or public broadcast
station means a television or radio broadcast station that is eligible
to be licensed by the FCC as a noncommercial educational radio or
television broadcast station and that is owned (controlled) and
operated by a state, a political or special purpose subdivision of a
state, public agency or nonprofit private foundation, corporation,
institution, or association, or owned (controlled) and operated by a
municipality and transmits only noncommercial educational, cultural or
instructional programs.
Noncommercial telecommunications entity means any enterprise that
is owned (controlled) and operated by a state, a political or special
purpose subdivision of a state, a public agency, or a nonprofit private
foundation, corporation, institution, or association; and that has been
organized primarily for the purpose of disseminating audio or video
noncommercial educational, cultural or instructional programs to the
public by means other than a primary television or radio broadcast
station, including, but not limited to, coaxial cable, optical fiber,
broadcast translators, cassettes, discs, satellite, microwave or laser
transmission.
Nonprofit (as applied to any foundation, corporation, institution,
or association) means a foundation, corporation, institution, or
association, no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private shareholder or
individual.
Operational cost means those approved costs incurred in the
operation of an entity or station such as overhead labor, material,
contracted services (such as building or equipment maintenance),
including capital outlay and debt service.
Planning (as applied to public telecommunications facilities) means
activities to form a project for which PTFP construction funds may be
obtained.
Pre-operational costs means all nonconstruction costs incurred by
new public telecommunications entities before the date on which they
began providing service to the public, and all nonconstruction costs
associated with the expansion of existing stations before the date on
which such expanded capacity is activated, except that such costs shall
not include any portion of the salaries of any personnel employed by an
operating public telecommunications entity.
[[Page 27236]]
PTFP means the Public Telecommunications Facilities Program, which
is administered by the Agency.
PTFP Director means the Agency employee who recommends final action
on public telecommunications facilities applications and grants to the
Administrator.
Public telecommunications entity means any enterprise which is a
public broadcast station or noncommercial telecommunications entity and
which disseminates public telecommunications services to the public.
Public telecommunications facilities means apparatus necessary for
production, interconnection, captioning, broadcast, or other
distribution of programming, including but not limited to studio
equipment, cameras, microphones, audio and video storage or processors
and switchers, terminal equipment, towers, antennas, transmitters,
remote control equipment, transmission line, translators, microwave
equipment, mobile equipment, satellite communications equipment,
instructional television fixed service equipment, subsidiary
communications authorization transmitting and receiving equipment,
cable television equipment, optical fiber communications equipment, and
other means of transmitting, emitting, storing, and receiving images
and sounds or information, except that such term does not include the
buildings to house such apparatus (other than small equipment shelters
that are part of satellite earth stations, translators, microwave
interconnection facilities, and similar facilities).
Public telecommunications services means noncommercial educational
and cultural radio and television programs, and related noncommercial
instructional or informational material that may be transmitted by
means of electronic communications.
Sectarian means that which has the purpose or function of advancing
or propagating a religious belief.
State includes each of the fifty states, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
System of public telecommunications entities means any combination
of public telecommunications entities acting cooperatively to produce,
acquire or distribute programs, or to undertake related activities.
Subpart B--Application Requirements
Sec. 2301.3 Applicant eligibility.
(a) To apply for and receive a PTFP Construction or Planning Grant,
an applicant must be:
(1) A public or noncommercial educational broadcast station;
(2) A noncommercial telecommunications entity;
(3) A system of public telecommunications entities;
(4) A nonprofit foundation, corporation, institution, or
association organized primarily for educational or cultural purposes;
or,
(5) A state, local, or Indian tribal government (or agency
thereof), or a political or special purpose subdivision of a state.
(b) An applicant whose proposal requires an authorization from the
FCC must be eligible to receive such authorization.
(c) If an applicant does not meet the eligibility requirements of
this section, the application may be rejected and returned without
further consideration.
(d) An applicant may request a preliminary determination of
eligibility any time prior to the closing date.
Sec. 2301.4 Scope of projects.
An eligible applicant may file an application with the Agency for a
planning or construction grant. To achieve the objectives set forth at
47 U.S.C. 393(b), the Agency has developed the following categories.
Each application shall be identified as a broadcast or nonbroadcast
project and must fall within at least one of the following categories:
(a) Special applications. NTIA possesses the discretionary
authority to recommend awarding grants to eligible nonbroadcast
applicants whose proposals are so unique or innovative that they do not
clearly fall within the priorities listed in paragraph (b) of this
section. Innovative projects submitted under this category must address
demonstrated and substantial community needs (e.g., service to the
blind or deaf and nonbroadcast projects offering educational or
instructional services).
(b) Priorities. (1) Priority 1--Provision of Public
Telecommunications Facilities for First Radio and Television Signals to
a Geographic Area. Within this category, NTIA establishes three
subcategories:
(i) Priority 1A. Projects that include local origination capacity.
This subcategory includes the planning or construction of new
facilities that can provide a full range of radio and/or television
programs, including material that is locally produced. Eligible
projects include new radio or television broadcast stations, new cable
systems, or first public telecommunications service to existing cable
systems, provided that such projects include local origination
capacity.
(ii) Priority 1B. Projects that do not include local origination
capacity. This subcategory includes projects such as increases in tower
height and/or power of existing stations and construction of
translators, cable networks, and repeater transmitters that will result
in providing public telecommunications services to previously unserved
areas.
(iii) Priority 1C. Projects that provide first nationally
distributed programming. This subcategory includes projects that
provide satellite downlink facilities to noncommercial radio and
television stations that would bring nationally distributed programming
to a geographic area for the first time.
(iv) Priority 1 and its subcategories apply only to grant
applicants proposing to plan or construct new facilities to bring
public telecommunications services to geographic areas that are
presently unserved, i.e., areas that do not receive public
telecommunications services (It should be noted that television and
radio are considered separately for the purposes of determining
coverage. In reviewing applications from FM stations that propose to
serve, or that already serve, areas covered by AM-daytime only
stations, PTFP will evaluate the amount of service provided via the AM-
daytime only station in determining whether the FM proposal qualifies
for a Priority 1 or Priority 2, as appropriate.)
(v) An applicant proposing to plan or construct a facility to serve
a geographical area that is presently unserved should indicate the
number of persons who would receive a first public telecommunications
signal as a result of the proposed project.
(2) Priority 2--Replacement of Basic Equipment of Existing
Essential Broadcast Stations.
(i) Projects eligible for consideration under this category include
the urgent replacement of obsolete or worn out equipment at ``essential
stations'' (i.e., existing broadcast stations that provide either the
only public telecommunications signal or the only locally originated
public telecommunications signal to a geographical area).
(ii) To show that the urgent replacement of equipment is necessary,
applicants must provide documentation indicating excessive downtime, or
a high incidence of repair (i.e., copies of repair records, or letters
documenting
[[Page 27237]]
non-availability of parts). Additionally, applicants must show that the
station is the only public telecommunications station providing a
signal to a geographical area or the only station with local
origination capacity in a geographical area.
(iii) The distinction between Priority 2 and Priority 4 is that
Priority 2 is for the urgent replacement of basic equipment for
essential stations. Where an applicant seeks to ``improve'' basic
equipment in its station (i.e., where the equipment is not ``worn
out''), or where the applicant is not an essential station, NTIA would
consider the applicant's project under Priority 4.
(3) Priority 3--Establishment of a First Local Origination Capacity
in a Geographical Area.
(i) Projects in this category include the planning or construction
of facilities to bring the first local origination capacity to an area
already receiving public telecommunications services from distant
sources through translators, repeaters, or cable systems,
(ii) Applicants seeking funds to bring the first local origination
capacity to an area already receiving some public telecommunications
services may do so, either by establishing a new (and additional)
public telecommunications facility, or by adding local origination
capacity to an existing facility. A source of a public
telecommunications signal is distant when the geographical area to
which the source is brought is beyond the grade B contour of the
origination facility.
(4) Priority 4--Improvement of Public Broadcasting Services:
(i) Projects eligible for consideration under this category are
intended to improve the delivery of public broadcasting services to a
geographic area. These projects include the establishment of a public
broadcast facility to serve a geographic area already receiving public
telecommunications services, projects for the replacement of basic
obsolete or worn-out equipment at existing public broadcasting
facilities and the upgrading of existing origination or delivery
capacity to current industry performance standards (e.g., improvements
to signal quality, and significant improvements in equipment
flexibility or reliability). As under Priority 2, applicants seeking to
replace or improve basic equipment under Priority 4 should show that
the replacement of the equipment is necessary by including in their
applications data indicating excessive downtime, or a high incidence of
repair (such as documented in repair records). Within this category,
NTIA establishes two subcategories:
(ii) Priority 4A.
(A) Applications to replace urgently needed equipment from public
broadcasting stations that do not meet the Priority 2 criteria because
they do not provide either the only public telecommunications signal or
the only locally originated public telecommunications signal to a
geographic area. NTIA will also consider applications that improve as
well as replace urgently needed production-related equipment at public
radio and television stations that do not qualify for Priority 2
consideration but that produce, on a continuing basis, significant
amounts of programming distributed nationally to public radio or
television stations.
(B) The establishment of public broadcasting facilities to serve a
geographic area already receiving public telecommunications services.
The applicant must demonstrate that it will address underserved needs
in an area which significantly differentiates its service from what is
already available in its service area.
(C) The acquisition of satellite downlinks for public radio
stations in areas already served by one or more full-service public
radio stations. The applicant must demonstrate that it will broadcast a
program schedule that does not merely duplicate what is already
available in its service area.
(D) The acquisition of the necessary items of equipment to bring
the inventory of an already-operating station to the basic level of
equipment requirements established by PTFP. This is intended to assist
stations that went on the air with a complement of equipment well short
of what the Agency considers as the basic complement.
(iii) Priority 4B. The improvement and non-urgent replacement of
equipment at any public broadcasting station.
(5) Priority 5 Augmentation of Existing Broadcast Stations.
Projects in this category would equip an existing station beyond a
basic capacity to broadcast programming from distant sources and to
originate local programming.
(i) Priority 5A. Projects to equip auxiliary studios at remote
locations, or to provide mobile origination facilities. An applicant
must demonstrate that significant expansion in public participation in
programming will result. This subcategory includes mobile units,
neighborhood production studios, or facilities in other locations
within a station's service area that would make participation in local
programming accessible to additional segments of the population.
(ii) Priority 5B. Projects to augment production capacity beyond
basic level in order to provide programming or related materials for
other than local distribution. This subcategory would provide equipment
for the production of programming for regional or national use. Need
beyond existing capacity must be justified.
(c) An applicant may request a preliminary determination of whether
a proposed project fits within at least one of the categories listed in
this section any time prior to the closing date.
(d) All applications will be reviewed after the closing date. If an
application does not fall within one of the listed categories, it may
be rejected and returned without further consideration.
Sec. 2301.5 Special consideration.
In accordance with section 392(f) of the Act, the Agency will give
special consideration to applications that foster ownership of,
operation of, and participation in public telecommunications entities
by minorities and women. The special consideration element is provided
as one of several funding criteria contained in the regulations,
specifically, at 15 CFR section 2301.17(b)(6).
Sec. 2301.6 Amount of Federal funding.
(a) Planning grants. The Agency may provide up to one hundred (100)
percent of the funds necessary for the planning of a public
telecommunications construction project.
(b) Construction grants. (1) A Federal grant for the construction
of a public telecommunications facility may not exceed seventy-five
(75) percent of the amount determined by the Agency to be the
reasonable and necessary cost of such project.
(i) Seventy-five (75) percent Federal funding will be the general
presumption for projects to activate stations or to extend service.
(ii) Fifty (50) percent Federal funding will be the general
presumption for the replacement, improvement or augmentation of
equipment. A showing of extraordinary need (i.e. small community-
licensee stations or a station that is licensed to a large institution
[e.g., a college or university] documenting that it does not receive
direct or in-kind support from the larger institution), or an emergency
situation will be taken into consideration as justification for grants
of up to 75% of the total project cost for such proposals.
[[Page 27238]]
(2) Since the purpose of the PTFP is to provide financial
assistance for the acquisition of public telecommunications facilities,
Total Project Costs do not normally include the value of eligible
apparatus owned or acquired by the applicant prior to the closing date.
Inclusion of equipment purchased prior to the closing date will be
considered on a case-by-case basis only when clear and compelling
justifications are provided to PTFP. Obligating funds--either in whole
or in part--for equipment before the closing date is considered
ownership or acquisition of equipment. In like manner, accepting title
to donated equipment prior to the closing date is considered ownership
or acquisition of equipment.
(c) No part of the grantee's matching share of the eligible project
costs may be met with funds:
(1) Paid by the Federal government, except where the use of such
funds to meet a Federal matching requirement is specifically and
expressly authorized by the relevant Federal statute, or
(2) Supplied to an applicant by the Corporation for Public
Broadcasting, except upon a clear and compelling showing of need.
(d) No funds from the Federal share of the total project cost may
be obligated until the award period start date. If an applicant or
recipient obligates anticipated Federal Award funds before the start
date, the Department may refuse to offer the award or, if the award has
already been granted, disallow those costs of the grant. After the
closing date, the applicant may, at its own risk, obligate non-Federal
matching funds for the acquisition of proposed equipment.
Sec. 2301.7 Eligible and ineligible project costs.
(a) Each year the Agency reviews its list of eligible and
ineligible equipment, supplies, and costs. The list is published in the
Federal Register as part of the solicitation for applications and a
copy is provided with every application package for PTFP grants.
(b) All broadcast equipment that a grantee acquires under this
program shall be of professional broadcast quality. An applicant
proposing to utilize nonbroadcast technology shall propose and purchase
equipment that is compatible with broadcast equipment wherever the two
types of apparatus interface.
(c) Total project costs do not include the value of eligible
apparatus owned or acquired by the applicant prior to the closing date
unless approved by PTFP on a case-by-case basis in writing pursuant to
Sec. 2301.6(b)(2).
Sec. 2301.8 Submission of applications.
(a) Applications can be obtained from the following address: Public
Telecommunications Facilities Program, NTIA/DOC, 14th Street and
Constitution Avenue NW., Room H-4625, Washington, DC 20230.
(b) The Administrator shall select and publish in the Federal
Register a closing date by which applications for funding in a current
fiscal year are to be filed.
(c) All applications, whether mailed or hand delivered, must be
received by the Agency at the address listed in the annual Federal
Register announcement requesting applications at or before 5:00 p.m. on
the closing date. Applications received after the closing date shall be
rejected and returned without further consideration.
(d) A complete application must include all of the information
required by the Agency application materials and must be submitted in
the number of copies specified by the Agency.
(e) Each copy of the Agency application must contain an original
signature of an officer of the applicant who is legally authorized to
sign for the applicant.
(f) Applicants must certify whether they are delinquent on any
Federal debt.
(g) Applicants may be required to submit Name Check forms (Form CD-
346) which may be used to ascertain background information on key
individuals associated with potential grantees as part of the
application, per Department Pre-Award Administrative Requirements and
Policies.
(h) Applicant organizations may also be subject to a responsibility
determination by the Department which may include, but not be limited
to reviews of financial and other business activities. Responsibility
determinations are intended to ascertain whether potential grantee
organizations or their key personnel have been involved in or are
facing any matters that might significantly and negatively impact on
their business honesty, financial integrity and/or ability to
successfully perform the proposed grant activities.
(i) Unsatisfactory performance by the applicant under prior Federal
awards may result in the application not being funded.
Sec. 2301.9 Deferred applications.
(a) An applicant may reactivate an application deferred by the
Agency during the prior year if the applicant has not substantially
changed the stated purpose of the application.
(b) An applicant may reactivate a deferred application only during
the two consecutive years following the application's initial filing
with the Agency.
(c) To reactivate a deferred application, the applicant must file
an updated application, whether mailed or hand delivered, at or before
5:00 p.m. on the closing date.
(d) An updated application must include all of the information
required by the Agency application materials and must be submitted in
the number of copies specified by the Agency.
(e) Deferred applications that are resubmitted under this section
and contain substantial changes will be considered as new applications.
(f) All deferred applications may be subject to a determination of
eligibility during subsequent grant cycles.
Sec. 2301.10 Applications resulting from catastrophic damage or
emergency situations.
(a) An application may be filed with a request for a waiver of the
closing date, as provided in Sec. 2301.26, when an eligible broadcast
applicant suffers catastrophic damage to the basic equipment essential
to its continued operation as a result of a natural or manmade
disaster, or as the result of complete equipment failure, and is in
dire need of assistance in funding replacement of the damaged
equipment.
(b) The request for a waiver must set forth the circumstances that
prompt the request and be accompanied by appropriate supporting
documentation.
(c) A waiver will be granted only if it is determined that the
applicant either carried adequate insurance or had acceptable self-
insurance coverage.
(d) Applications filed and accepted pursuant to this section must
contain all of the information required by the Agency application
materials and must be submitted in the number of copies specified by
the Agency.
(e) The application will be subject to the same evaluation and
selection process followed for applications received in the normal
application cycle, although the Administrator may establish a special
timetable for evaluation and selection to permit an appropriately
timely decision.
Sec. 2301.11 Service of applications.
On or before the closing date all new or deferred applicants must
serve a summary copy of the application on the following agencies:
(a) In the case of an application for a construction grant for
which FCC authorization is necessary, the Secretary, Federal
Communications Commission, 1919 M Street, N.W., Washington, DC 20554;
(b) The state telecommunications agency(-ies), if any, having
jurisdiction
[[Page 27239]]
over the development of broadcast and/or nonbroadcast
telecommunications in the state(s) and the community(-ies) to be served
by the proposed project; and
(c) The state office established to review applications under
Executive Order 12372, as amended by Executive Order 12416, in all
states where equipment requested in the application will be located and
where the state has established such an office and wishes to review
these applications.
Sec. 2301.12 Federal Communications Commission authorizations.
(a) Each applicant whose project requires FCC authorization must
file an application for that authorization on or before the closing
date. NTIA recommends that its applicants submit PTFP-related FCC
applications to the FCC at least 60 days prior to the PTFP closing
date. The applicant should clearly identify itself to the FCC as a PTFP
applicant.
(b) In the case of FCC authorizations where it is not possible or
practical to submit the FCC license application with the PTFP
application, such as C-band satellite uplinks, low power television
stations and translators, remote pickups, studio-to-transmitter links,
and Very Small Aperture Terminals, a copy of the FCC application as it
will be submitted to the FCC, or the equivalent engineering data, must
be included in the PTFP application.
(c) Applications requesting C-band downlinks are not required to
submit the FCC application or equivalent engineering data as part of
the PTFP application. When such a project is funded, however, grantees
will be required to submit evidence of FCC registration of the C-band
downlink prior to the release of Federal funds.
(d) Any FCC authorization required for the project must be in the
name of the applicant for the PTFP grant.
(e) If the project is to be associated with an existing station,
the FCC operating authority for that station must be current and valid.
(f) For any project requiring new authorization(s) from the FCC,
the applicant must file a copy of each FCC application and any
amendments with the Agency.
(g) If the applicant fails to file the required FCC application(s)
by the closing date, or if the FCC returns, dismisses, or denies an
application required for the project or any part thereof, or for the
operation of the station with which the project is associated, the
Agency may reject and return the application.
(h) No grant will be awarded until confirmation has been received
from the FCC that any necessary authorization will be issued.
Sec. 2301.13 Public comments.
(a) After the closing date, the Agency will publish a list of all
applications received.
(b) The applicant shall make a copy of its application available at
its offices for public inspection during normal business hours.
(c) A copy of the application will be available in the PTFP offices
for public inspection during normal business hours.
(d) Any interested party may file comments with the Agency
supporting or opposing an application and setting forth the grounds for
support or opposition. Any opposing comments must contain a
certification that a copy of the comments has been delivered to the
applicant. Comments must be sent to the address listed in
Sec. 2301.8(a).
(e) The Agency shall incorporate all comments from the public and
any replies from the applicant in the applicant's official file for
consideration during the evaluation of the application.
Sec. 2301.14 Supplemental application information.
(a) The Agency may request from the applicant any additional
information that the Agency deems necessary to clarify the application.
Applicants must provide to the Agency additional information that the
Agency requests within fifteen (15) days of the date of the Agency's
notice. Applicants must submit a copy of the requested information for
each copy of the application submitted by the Closing Date.
(b) Applicants must immediately provide to the Agency information
received after the closing date that materially affects the
application, including:
(1) State Single Point of Contact and State Telecommunications
Agency comments on applications;
(2) FCC file numbers and changes in the status of FCC applications
necessary for the proposed project;
(3) Changes in the status of proposed local matching funds,
including notification of the passage (including reduction or
rejection) of a proposed state appropriation or receipt (or denial) of
a proposed substantial matching gift;
(4) Changes that affect the applicant's eligibility under
Sec. 2301.3;
(5) Changes in the status of proposed production, participation, or
distribution agreements (if relevant to the proposed project);
(6) Changes in lease or site rights agreements; and
(7) Complete failure of major items of equipment for which
replacement costs have been requested or changes in the status of the
need for the equipment requested.
(c) Applicants must place copies of any additional information
submitted to the Agency in the copy of the application made available
for public inspection pursuant to Sec. 2301.13.
(d) Applicants may not contact the Department to discuss the merits
of an application when it is under review.
Sec. 2301.15 Withdrawal of applications.
(a) Applicants may request withdrawal of an application from
consideration for funding without affecting future consideration.
Withdrawn applications will be returned by the Agency.
(b) A request that the Agency defer an application for
consideration in a subsequent year will be treated as a request for
withdrawal.
Subpart C: Evaluation and Selection Process
Sec. 2301.16 Technical evaluation.
(a) In determining whether to approve or defer a construction or
planning grant application, in whole or in part, and the amount of such
grant, the Agency will evaluate all the information in the application
file.
(b) PTFP grants are awarded on the basis of a competitive review
process. The evaluation of the applications is based upon the
evaluation criteria provided under Sec. 2301.17.
(c) The competitive review process may include the following:
evaluation by PTFP staff; technical assessment by engineers; an
evaluation by outside reviewers, all of whom have demonstrated
expertise in either public broadcasting or distance learning; and
rating by a national advisory panel, composed of representatives of
major national public radio and television organizations.
(d) In acting on applications and carrying out other
responsibilities under the Act, the Agency shall consult (as
appropriate) with the FCC, the Corporation for Public Broadcasting,
state telecommunications agencies, public broadcasting agencies,
organizations, and other agencies administering programs that may be
coordinated effectively with Federal assistance provided under the Act;
and, the state office established to review applications under
Executive Order 12372, as amended by Executive Order 12416,
(e) Based upon the evaluation criteria contained in Sec. 2301.17,
the PTFP
[[Page 27240]]
program staff will prepare summary evaluations. These will incorporate
the outside reviewers' recommendations, engineering assessments, and
program staff evaluations.
Sec. 2301.17 Evaluation criteria for construction and planning
applications.
(a) For each application that is filed in a timely manner by an
eligible applicant, is materially complete, and proposes an eligible
project, the Agency will consider the following factors:
(1) Project Objectives: The degree to which the application
documents that the proposed project fulfills the objectives and
specific requirements of one or more of the categories set forth in
Sec. 2301.4.
(2) Applicant Qualifications: Documentation that the applicant has
or will have sufficient qualified staff to complete the project,
operate and maintain the facility, and provide services of professional
quality.
(3) Urgency: Documentation that justifies funding the proposed
project during the current grant cycle.
(4) Financial Qualifications: Documentation reflecting the
applicant's ability to provide non-Federal funds required for the
project, including funds for the local match and funds to cover any
ineligible costs required for completion of the project; to ensure
long-term financial support for the continued operation of the facility
during the Federal interest period; to adequately justify the need for
Federal funds in excess of fifty (50) percent of total project costs
(see Sec. 2301.6(b)(ii)), if requested for equipment replace
FR Doc. 96-13572 Public Telecommunications Facilities Program
ment,
improvement, or augmentation projects; and, in the case of planning,
provide non-Federal support and resources (if proposed by the
applicant), including matching or in-kind support for the project.
(5)(i) Technical Qualifications (construction applicants only):
Documentation that the eligible equipment requested is necessary to
achieve the objectives of the project; that the proposed costs reflect
the most efficient use of Federal funds in achieving project
objectives; that the equipment requested meets current industry
performance standards (and FCC standards, if appropriate); that the
condition of existing equipment justifies its prompt replacement; and
that an evaluation of alternative technologies has been completed that
justifies the selection of the requested technology (where alternative
technologies are possible).
(ii) Planning Qualifications (planning applicants only):
Documentation : of the feasibility of the proposed planning process and
timetable for achieving the expected results; that costs proposed
reflect the most efficient use of Federal funds; that the applicant has
sufficient qualified staff or consultants to complete the planning
project with professional results; and that an evaluation of
alternative technologies will be incorporated into the plan, if
appropriate.
(6) Special Consideration: Documentation of the extent to which
broadcast applications would increase minority and women's ownership
of, operation of, and participation in public telecommunications
entities, as stated in Sec. 2301.5
(b) The Agency will provide each applicant with guidance in the
application materials on the type of documentation necessary to meet
each of the above evaluation criteria.
Sec. 2301.18 Selection process.
(a) The PTFP Director will consider the summary evaluations
prepared by program staff, rank the applications, and present
recommendations to the Selecting Official, the NTIA Administrator,
taking into account the following selection factors:
(1) The program staff evaluations, including the outside reviewers.
(2) The scope of projects set forth at Sec. 2301.4.
(3) Whether the application is for broadcast or a nonbroadcast
project.
(4) The geographic distribution of the proposed grant awards.
(5) The availability of funds.
(b) The Administrator makes final award selections taking into
consideration the Director's recommendations and the degree to which
the slate of applications, taken as a whole, satisfies the program's
stated purposes set forth at Sec. 2301.1.
(c) No grant will be awarded until confirmation has been received
from the FCC that any necessary authorization will be issued.
(d) After final award selections have been made, the Agency will
notify the applicant of one of the following actions:
(1) Selection of the application for funding, in whole or in part;
(2) Deferral of the application for subsequent consideration;
(3) Rejection of the application with an explanation and the
reason, if an applicant is not eligible or if the proposed project does
not fall within at least one of the categories enumerated at
Sec. 2301.4; or,
(4) Return of applications that were deferred by the Agency after
consideration during three grant cycles.
(e) The Agency will notify the following organizations of those
applications selected for funding:
(1) The state educational telecommunications agency(-ies), if any,
in any state any part of which lies within the service area of the
applicant's facility;
(2) The FCC; and,
(3) The Corporation for Public Broadcasting and, as appropriate,
other public telecommunications entities.
Subpart D--Post-Award Requirements
Sec. 2301.19 General conditions attached to the Federal award.
(a) During the project award period and the remainder of the
Federal interest period, the grantee must:
(1) Continue to be an eligible organization as described in
Sec. 2301.3;
(2) Obtain and continue to hold any necessary FCC authorization(s);
(3) Use the Federal funds for which the grant was made for the
equipment and other expenditure items specified in the application for
inclusion in the project, except that the grantee may substitute other
items where necessary or desirable to carry out the purpose of the
project if approved in advance by the agency in writing. These changes
include but are not limited to the following:
(i) Costs (including planning costs),
(ii) Essential specifications of the equipment,
(iii) The engineering configuration of the project,
(iv) Extensions of the approved grant award period, and
(v) Transfers of a grant award to a successor in interest, pursuant
to Sec. 2301.19(c).
(4) Use the facilities and any monies generated through the use of
the facilities primarily for the provision of public telecommunications
services and ensure that the use of the facilities for other than
public telecommunications purposes does not interfere with the
provision of the public telecommunications services for which the grant
was made;
(5) Not make its facilities available to any person for the
broadcast or other transmission intended to be received directly by the
public, of any advertisement, unless such broadcast or transmission is
expressly and specifically permitted by law or authorized by the FCC;
and
(6) State when advertising for bids for the purchase of equipment
that the Federal government has an interest in facilities purchased
with Federal funds under this program that begins with the purchase of
the facilities and continues
[[Page 27241]]
for ten (10) years after the completion of the project.
(b) During the period in which the grantee possesses or uses the
Federally funded facilities, the grantee may not use or allow the use
of the Federally funded equipment for purposes the essential thrust of
which are sectarian for the useful life of the equipment even when this
extends beyond the ten (10) year Federal interest period.
(c) If necessary to further the purpose of the Act, the Agency may
reassign a grant to a successor in interest or subsidiary corporation
of a grantee in cases where a similar operational entity remains in
control of the grant and the original objectives of the grant remain in
effect. Each party must provide, in writing, its assent to the
substitution. Any substituted party must meet the eligibility
requirements.
Sec. 2301.20 Schedules and Reports.
(a) Within thirty (30) calendar days of the award date the grantee
shall submit to the Agency, in duplicate, a construction schedule or a
revised planning timetable that will include the information requested
in the grant terms and conditions in the award package.
(b) During the project period of this grant, the grantee shall
submit performance reports, in duplicate, on a calendar year quarterly
basis for the period ending March 31, June 30, September 30, and
December 31, or any portions thereof. The Quarterly Performance Reports
should contain the following information:
(1) A comparison of actual accomplishments during the reporting
period with the goals and dates established in the Construction or
Planning Schedule for that reporting period;
(2) A description of any problems that have arisen or reasons why
established goals have not been met;
(3) Actions taken to remedy any failures to meet goals; and
(4) Construction projects must also include a list of equipment
purchased during the reporting period compared with the equipment
authorized. This information must include manufacturer, make and model
number, brief description, number and date of the items purchased, and
cost.
Sec. 2301.21 Payment of Federal funds.
(a) The Department will not make any payment under an award, unless
and until the recipient complies with all relevant requirements imposed
by this Part. Additionally:
(1) The Department will not make any payment until it receives
confirmation that the FCC has granted any necessary authorization;
(2) The Department may not make any payment under an award unless
and until all special award conditions stated in the award documents
that condition the release of Federal funds are met; and
(3) An agreement to share ownership of the grant equipment (e.g., a
joint venture for a tower) must be approved by the Agency before any
funds for the project will be released.
(b) As a general matter, the Agency expects grantees to expend
local matching funds at a rate at least equal to the ratio of the local
match to the Federal grant as stipulated in the grant award.
Sec. 2301.22 Protection, acquisition and substitution of equipment.
(a) To assure that the Federal investment in public
telecommunications facilities funded under the Act will continue to be
used to provide public telecommunications services to the public during
the Federal interest period, the Agency may require a grantee to:
(1) Execute and record a document establishing that the Federal
government has a priority lien on any facilities purchased with funds
under the Act during the period of continuing Federal interest. The
document shall be recorded where liens are normally recorded in the
community where the facility is located and in the community where the
grantee's headquarters are located; and
(2) File a certified copy of the recorded lien with the
Administrator ninety (90) days after the grant award is received.
(b) The grantee shall maintain protection against common hazards
through adequate insurance coverage or other equivalent undertakings,
except that, to the extent the applicant follows a different policy of
protection with respect to its other property, the applicant may extend
such policy to apparatus acquired and installed under the project. The
grantee shall purchase flood insurance (in communities where such
insurance is available) if the facilities will be constructed in any
area that has been identified by the Secretary of Health and Human
Services as having special flood hazards.
(c) The grantee shall not dispose of or encumber its title or other
interests in the equipment acquired under this grant during the Federal
interest period.
(d) The grantee shall demonstrate that the grantee has obtained
appropriate title or lease satisfactory to protect the Federal interest
to the site or sites on which apparatus proposed in the project will be
operated. The grantee must have the right to occupy, construct,
maintain, operate, inspect, and remove the project equipment without
impediment to assure the sufficient continuity of operation of the
facility; and nothing must prevent the Federal government from entering
the property and reclaiming or securing PTFP-funded property.
(e) The Agency will allow the acquisition of facilities by lease;
however, the following requirements apply:
(1) The lease must be of benefit to the Federal government;
(2) The actual amount of the lease must not be more than the
outright purchase price would be; and
(3) The lease agreement must state that in the event of anticipated
or actual termination of the lease, the Federal government has the
right to transfer and assign the leasehold to a new grantee for the
duration of the lease contract.
(f) Transfer of equipment. Where the grant equipment is no longer
needed for the original purposes of the project, the Agency may
transfer the equipment to the Federal government or an eligible third
party, in accordance with Office of Management and Budget guidelines.
(g) Transfer of Federal interest to different equipment. The Agency
may transfer the Federal interest in PTFP-funded equipment to other
eligible equipment presently owned or to be purchased by the grantee
with non-Federal monies, provided the following conditions are met:
(1) If the Federal interest is to be transferred to other equipment
presently owned or to be purchased by a grantee, the Federal interest
in the new equipment must be at least equal to the Federal interest in
the original equipment.
(2) Equipment previously funded by PTFP that is within the Federal
interest period may not be used in a transfer request as the designated
equipment to which the Federal interest is to be transferred.
(3) The same item can be used only once to substitute for the
Federal interest. However, the Federal interest in several items of
equipment from different grants may be transferred to a single item if
the request for all such transfers is submitted at the same time.
(4) A lien on equipment transferred to the Federal interest may be
required by PTFP and must be recorded in accordance with
Sec. 2301.23(b)(8). A copy of the lien document must be filed with the
PTFP within sixty (60) days of the date of approval of the transfer of
Federal interest.
[[Page 27242]]
(h) Termination by buy-out. A grantee may terminate the Federal
revisionary interest in a PTFP grant by buying out the Federal interest
with non-Federal monies. Buy-outs may be requested at any time.
Subpart E--Completion of Projects
Sec. 2301.23 Completion of projects.
(a) Upon completion of a planning project, the grantee must
promptly provide to the Administrator two copies of any report or study
conducted in whole or in part with funds provided under this program by
sending the copies to the Agency.
(1) This report shall meet the goals and objectives for which the
grant is awarded and shall follow the written instructions and guidance
provided by the Agency. The grant award goals and objectives are stated
in the planning narrative as amended and are incorporated by reference
into the award agreement.
(2) The Agency shall review this report for the extent to which
those goals and objectives are addressed and met, for evidence that the
work contracted for under the grant award was in fact performed, and to
determine whether the written instructions and guidance provided by the
Agency, if any, were followed.
(3) If the Agency determines that the report fails to address or
meet any grant award goals or objectives, or if there is no evidence
that the work contracted for was in fact performed, or if this report
clearly indicates that the written instructions and guidance provided
by the Agency, if any, were disregarded, then the Agency may pursue
remedial action.
(4) An unacceptable final report may result in the disallowance of
claimed costs and the establishment of an account receivable by the
Department.
(b) Upon completion of a construction project, the grantee must:
(1) Certify that the grantee has acquired, installed, and begun
operating the project equipment in accordance with the project as
approved by the Agency, and has complied with all terms and conditions
of the grant as specified in the Grant Award document;
(2) Certify that the grantee has obtained any necessary FCC
authorizations to operate the project apparatus following the
acquisition and installation of the apparatus and document the same;
(3) Certify and document that the facilities have been acquired,
that they are in operating order, and that the grantee is using the
facilities to provide public telecommunications services in accordance
with the project as approved by the Agency;
(4) Certify that the grantee has obtained adequate insurance to
protect the Federal interest in the project in the event of loss
through casualty;
(5) Certify, if not previously provided, that the grantee has
acquired all necessary leases or other site rights required for the
project;
(6) Certify, if appropriate, that the grantee has qualified for
receipt of funds from the Corporation for Public Broadcasting;
(7) Provide a complete and accurate final inventory of equipment
acquired under the project and a final accounting of all project
expenditures, including non-equipment costs (e.g., installation costs);
and
(8) Execute and record a final priority lien, if required by PTFP,
reflecting the completed project and assuring the Federal government's
reversionary interest in all equipment purchased under the grant
project for the duration of the Federal interest period.
(c) When an applicant completes a construction project, the Agency
will assign a completion date that the Agency will use to calculate the
termination date of the Federal interest period. The completion date
will usually be the date on which the project period expires unless the
grantee certifies in writing prior to the project period expiration
date that the project is complete and in accord with the terms and
conditions of the grant, as required under Sec. 2301.23(b)(1). If the
PTFP Director determines that the grantee improperly certified the
project to be complete, the PTFP Director will amend the completion
date accordingly.
Sec. 2301.24 Final Federal payment.
If the total allowable, allocable, and reasonable costs incurred in
completing the planning or construction project are less than the total
project award amount, the Agency shall reduce the amount of the final
Federal share on a pro rata basis. If, however, the actual costs
incurred in completing the project are more than the estimated total
project costs, then in no case will the final Federal funds paid exceed
the initial grant award.
Sec. 2301.25 Retention of records and annual status reports.
(a) All grantees shall keep intact and accessible all records
specified in Office of Management and Budget Circular A-110 (for
educational institutions, hospitals, and nonprofit organizations), or
15 CFR part 24 (for State and Local Governments), and 15 CFR part 29a
(Audit Requirements for State and Local Governments) or 15 CFR part 29b
(Audit Requirements for Institutions of Higher Education and Other
Nonprofit Organizations), as appropriate.
(b) Recipients of construction grants:
(1) Are required to submit an Annual Status Report for each grant
project that is in the Federal interest period. The Reports are due no
later than April 1 in each year of the period. Information about what
is to be included in the Annual Status Report is supplied to grant
recipients at the time grants are closed out.
(2) Shall retain an inventory of the equipment for the duration of
the ten year Federal interest period and shall mark project apparatus
in a permanent manner to assure easy and accurate identification and
reference to inventory records. The marking shall include the PTFP
grant number and an inventory number assigned by the grantee.
(3) May also be required to take whatever steps may be necessary to
ensure that the Federal government's reversionary interest continues to
be protected for the 10-year period by recording, when and where
required, a lien continuation statement and reporting that fact in the
Annual Status Report.
Subpart F: Waivers
Sec. 2301.26 Waivers.
For good cause shown, the Administrator may waive the regulations
adopted pursuant to section 392(e) of the Act. Waivers may only be
granted for regulatory requirements that are discretionary and not
statutorily mandated.
[FR Doc. 96-13572 Filed 5-29-96; 8:45 am]
BILLING CODE 3510-60-P
Complete official Federal Register PDF
FR Doc. 96-13528 Federal Motor Vehicle Safety Standards; Controls and Displays
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27039-27042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13528]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 96-52; Notice 1]
RIN 2127-AF86
Federal Motor Vehicle Safety Standards; Controls and Displays
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In this notice, NHTSA proposes changes to the Federal Motor
Vehicle Safety Standard on motor vehicle controls and displays. The
agency seeks public comment on five proposals for changes, including
rescission of the standard. This proposed action is undertaken as part
of NHTSA's efforts to implement the President's Regulatory Reinvention
Initiative.
DATES: Comments must be received on or before July 15, 1996.
ADDRESSES: Comments must refer to the docket and notice numbers cited
at the beginning of this notice and be submitted to: Docket Section,
Room 5109, NHTSA, 400 Seventh Street, S.W., Washington, D.C. 20590. It
is requested that 10 copies of the comments be provided. The Docket
Section is open on weekdays from 9:30 a.m. to 4 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Van Iderstine, Office of
Vehicle Safety Standards, NPS-21, National Highway Traffic Safety
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590. Mr.
Van Iderstine's telephone number is (202) 366-5280 and his FAX number
is (202) 366-4329.
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, NHTSA identified regulations that it
could propose to eliminate as unnecessary or to amend to improve their
comprehensibility, application, or appropriateness. Among these
regulations is Federal Motor Vehicle Safety Standard No. 101, Controls
and displays (49 CFR Sec. 571.101).
Standard No. 101
Standard No. 101 was issued in 1967 (32 FR 2408) as one of the
initial Federal Motor Vehicle Safety Standards (FMVSS's). The standard
applies to passenger cars, multipurpose passenger vehicles (MPVs),
trucks, and buses. Its purpose is to assure the accessibility and
visibility of motor vehicle controls and displays under daylight and
nighttime conditions. The standard is intended to reduce the risk of
safety hazards caused by the diversion of the driver's attention from
the driving task in order to locate the desired control or display, and
by mistakes in selecting controls. The standard also seeks to ensure
that a driver restrained by a seat belt can reach certain controls.
Standard No. 101 specifies location requirements (S5.1),
identification requirements (S5.2), and illumination requirements
(S5.3). It specifies that the controls and displays must be accessible
and visible to a driver restrained in accordance with Standard No. 208,
Occupant crash protection (S6). In addition, Table 1 ``Identification
and Illumination of Controls'' and Table 2 ``Identification and
Illumination of Displays'' further specify which controls and displays
are subject to the identification requirements, and how they are to be
identified and illuminated.
NHTSA's Proposals for Change
NHTSA proposes five alternatives for changes to the Standard and
seeks public comment on each proposal. The proposals are: (1)
rescinding the standard; (2) regulating only those controls and
displays related to motor vehicle safety; (3) regulating only those
[[Page 27040]]
controls and displays required by other Federal Motor Vehicle Safety
Standards; (4) consolidating all control and display requirements into
Standard No. 101 and (5) permitting International Standards
Organization (ISO) symbols on some or all controls and displays
requiring identification. If NHTSA decides not to rescind Standard No.
101, it may decide to adopt one or more of the other proposals. Since
some of the proposals, (for example, Proposals Three and Five) address
different matters in Standard No. 101, they are not mutually exclusive.
Due to the relative simplicity of the proposals, the agency is not
setting forth regulatory language for implementing the proposals.
1. Proposal One--Rescind Standard No. 101
NHTSA's first proposal is to rescind Standard No. 101. NHTSA
tentatively concludes that even if Standard No. 101 were rescinded,
manufacturers would continue to provide appropriate means of
identifying and illuminating controls and displays and place those
controls and displays in accessible locations. Even if the standard
were rescinded, the agency fully expects manufacturers to provide
drivers the means to distinguish among various controls and displays.
Further, drivers must be warned of defective functioning of a device in
the vehicle in order to be able to avoid potentially hazardous
conditions, including the possibility of a crash.
Except for some required controls and displays listed in other
standards, there is none specifically required by Standard No. 101. The
standard only addresses the visibility, access and illumination of
controls and displays if they are provided. While the initial premise
for the standard was that these aspects need to be regulated for
minimizing driver distractions, the controls and displays have in
effect become an industry practice that may not require continued
Federal regulation. NHTSA believes that market forces will ensure
manufacturers continue the currently specified practices.
A good example of how market forces have responded to customers'
demands has been the location of the horn button(s). In the absence of
more specific location requirements, the horn button was historically
located at the center of the steering wheel. With the advent of air bag
implementation in that same location, the horn button was often
displaced to the spokes of the steering wheel. Apparently this location
is contrary to the desires of many drivers, as evidenced by the
increased number of letters to the agency about that displacement. This
displacement, however, was only temporary, until manufacturers found
ways to install horn switches in the cover material over the air bag
mechanism. As a consequence, as vehicle steering wheels are updated,
the horn control is returning to the center of the wheel.
NHTSA notes that if Standard No. 101 were rescinded, some States
might adopt regulations requiring controls and displays or regulating
their identification, illumination or accessibility, which would
subject manufacturers to multiple, conflicting rules and increase
vehicle production costs. Were the States to adopt such regulations,
there would not be any express preemption under 49 U.S.C. section
30103(b), which preempts State standards if they conflict with an
existing Federal standard. It also does not appear likely that a court
would find any implied Federal preemption of State requirements,
regardless of whether they are similar or dissimilar to those in the
Standard. A State regulation addressing the same subject as a rescinded
Federal regulation would be impliedly preempted only if the State
regulation conflicted with or otherwise frustrated achieving the
purposes of the Federal statute. Even if the agency were to conclude
that no regulation, Federal or State, of controls and displays is
necessary, it is not readily apparent how State regulations, even ones
differing from those of another State, on this subject would conflict
with Federal law or have a deleterious effect on motor vehicle safety.
2. Proposal Two--Regulate Only Those Controls and Displays Related to
Motor Vehicle Safety
The second proposal is to update Standard No. 101 by removing
obsolete provisions and regulating only those controls and displays
related to safety. Standard No. 101 includes references to vehicles
manufactured before September 1, 1987 and September 1, 1989. NHTSA
proposes to remove all references to vehicles manufactured before
September 1, 1987 and September 1, 1989.
After references to vehicles manufactured before September 1, 1989
are removed, S3, Application, of Standard No. 101 will be shortened to
state: ``This standard applies to passenger cars, multipurpose
passenger vehicles, trucks, and buses.'' NHTSA further proposes to
amend S5.(b), and S5.3.3(d), by removing references to vehicles
manufactured before September 1, 1987 and September 1, 1989. Finally,
NHTSA proposes to remove Table 1(a) ``Identification and Illumination
of Controls'' and Table 2(a) ``Identification and Illumination of
Internal Displays,'' since each table applies to vehicles manufactured
before September 1, 1987.
Additionally, the standard currently regulates aspects of controls
and displays not required to be on vehicles, and that do not have a
direct effect on motor vehicle safety. Under Proposal Two, Standard No.
101 would regulate only controls and displays that directly bear on the
need for motor vehicle safety, whether they are specified in another
Federal Motor Vehicle Safety Standard or not.
NHTSA proposes to remove the following controls from Table 1
``Identification and Illumination of Controls'': the heating and air
conditioning control; the hand throttle; the heating and air
conditioning fan control; and the manual choke. It also proposes to
remove the coolant temperature display from Table 2 ``Identification
and Illumination of Displays.'' Examples of displays that would
continue to be regulated include the seat belt and turn signal displays
(both specified in other safety standards) and the fuel level display
and speedometer (if they are provided), neither of which is specified
in a safety standard.
NHTSA also proposes to remove each of the above named controls and
displays (proposed for removal from Tables 1 or 2) if listed in the
location requirements of S5.1 of Standard No. 101. The agency seeks
comments on which controls and displays are believed to be safety-
related.
3. Proposal Three--Regulate Only Controls and Displays Required by
Other Federal Motor Vehicle Safety Standards
Proposal Three is similar to Proposal Two, but would limit Standard
No. 101 to regulating controls and displays specified in another safety
standard. Thus, under proposal three, the following controls presently
listed in Table 1 ``Identification and Illumination of Controls'' would
be removed: horn; heating and/or air conditioning fan; rear window
defrosting and defogging system; manual choke; engine start; engine
stop; hand throttle; automatic vehicle speed; and heating and air
conditioning system.
The following displays specified in Table 2 ``Identification and
Illumination of Displays'' would be removed: fuel level telltale and
gauge; oil pressure telltale and gauge; coolant temperature telltale
and gauge; electrical charge
[[Page 27041]]
telltale and gauge; the speedometer, and the odometer.
NHTSA also proposes to remove each of the above named controls and
displays if listed in the location requirements of S5.1 of Standard No.
101.
The rationale for this proposal is that it would not affect the
placement in vehicles of controls and displays no longer specified in
Standard No. 101. Market forces (in the form of customer demand) would
be highly likely to ensure that vehicle manufacturers would continue to
provide appropriately identified, illuminated, and located controls and
displays. Auto consumer media and customers themselves would be likely
to react negatively to vehicles that do not adequately identify the
vehicle's controls and displays, or if the controls are placed in a
location difficult for the driver to reach while driving.
4. Proposal Four--Consolidate in Standard No. 101 Controls and Displays
Specified in Other Standards
Under this proposal, NHTSA would include in Standard No. 101
reference to the controls and displays specified in other standards;
today only Standard No. 208, Occupant crash protection, has such
requirements. This reference would be consistent with the agency's
practice regarding the identification of controls and displays for
other regulated vehicle systems. For example, when the agency published
a final rule (60 FR 6411; February 5, 1995) establishing FMVSS No. 135,
Passenger car brake systems, it also amended Table 2 in Standard No.
101 to include the two brake displays, the ``variable brake
proportioning system'' display and the ``parking brake applied''
display specified in Standard No. 135. Similarly, when NHTSA amended
the standards on hydraulic and air brakes to specify antilock braking
systems, it amended Standard No. 101 to reference the antilock braking
system displays (60 FR 13216; March 10, 1995).
At present, Standard No. 101 does not include certain controls or
displays specified in Standard No. 208, Occupant crash protection.
Paragraph S4.5.2, Readiness indicator, of Standard No. 208 specifies
that an occupant crash protection system that deploys in the event of a
crash shall have a monitoring system with a readiness indicator. The
indicator shall monitor its own readiness and shall be clearly visible
from the driver's designated seating position.
In this notice of proposed rulemaking, NHTSA proposes to
incorporate the readiness indicator specified in Standard No. 208 into
Standard No. 101 and to specify the means of identifying the indicator
and whether it must be illuminated. To keep Standard No. 101 consistent
with requirements in other Federal motor vehicle safety standards,
NHTSA proposes to amend Table 2 ``Identification and Illumination of
Displays'' by specifying the air bag readiness indicator. NHTSA
proposes to amend Column 3 (``Identifying Words or Abbreviation'') to
indicate that the air bag readiness indicator must be identified with
the words ``AIR BAG'', and to amend Column 4 to indicate that the air
bag readiness indicator display must be illuminated. The agency is not
proposing to specify a color (Column 2) or an identifying symbol
(Column 4) for the air bag readiness indicator.
In a final rule published May 23, 1995 (60 Federal Register 27233),
Standard No. 208 was amended to permit manufacturers the option of
installing a key-operated air bag manual cutoff device that motorists
could use to deactivate the front passenger-side air bag in vehicles
that cannot accommodate infant restraints in the rear seat. The
deactivation device is needed because when rear-facing infant
restraints are used in the front seat of dual air bag vehicles, they
extend forward to a point near the dashboard where they can be struck
by a deploying air bag.
The air bag manual cutoff device is specified in Standard No. 208
at S4.5.4, Passenger Air Bag Manual Cutoff Device. Paragraph S4.5.4.2
describes the device as being separate from the vehicle ignition switch
and operable by means of the ignition key for the vehicle. Paragraph
S4.5.4.3 specifies that a telltale light on the dashboard shall be
clearly visible from all front seating positions and shall be
illuminated whenever the passenger air bag is deactivated. Paragraph
S4.5.4.3 further requires the air bag manual cut off device's telltale
to be yellow, identified with ``AIR BAG OFF,'' and illuminated the
entire time that the passenger air bag is deactivated. The air bag
manual cutoff device telltale is further not to be combined with the
air bag readiness indicator.
NHTSA proposes to transfer the specifications for the air bag
manual cutoff device telltale from Standard No. 208 to Standard No.
101. The language describing the eligibility criteria for vehicles
permitted to have an air bag manual cutoff device will remain in
Standard No. 208.
NHTSA proposes to include the air bag manual cutoff telltale in
Table 2 (``Identification and Illumination of Displays'') of Standard
No. 101. NHTSA is not proposing to specify a symbol for the device in
Table 2. The agency proposes to amend the column on illumination to
indicate, by stating ``yes'', that illumination is required. NHTSA
would add a footnote indicating the telltale is to be illuminated only
when the air bag manual cutoff device is activated.
NHTSA further proposes that the air bag manual cutoff device be
described in Table 1 (``Identification and Illumination of Controls'')
of Standard No. 101. NHTSA proposes that the device be identified in
Column 2 (``Identifying Words or Abbreviation'') with the words ``Air
Bag Cutoff.'' NHTSA is not proposing to specify an identifying symbol
or to specify illumination for the air bag manual cutoff device.
5. Proposal Five--Permit ISO Symbols to Identify Controls and Displays
Many of the symbols specified in Tables 1 and 2 of Standard No. 101
are based on symbols developed by the International Standards
Organization (ISO). In the interests of international harmonization of
vehicle safety standards, under Proposal Five, NHTSA would permit any
ISO symbol to be used to identify a control or display. NHTSA would
require that each ISO symbol used be described in the owner's manual.
Identification is necessary to ensure that the driver understands the
meaning of the symbol. It has been NHTSA's experience that the meaning
of certain ISO symbols may not be intuitively evident to a driver.
Rulemaking Analyses and Notices
1. Executive Order 12866 and DOT Regulatory Policies and Procedures
This notice of proposed rulemaking was not reviewed under Executive
Order 12866 (Regulatory Planning and Review). NHTSA has analyzed the
impact of this rulemaking action 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 notice of proposed
rulemaking, it would not have more than a minimal effect on the costs
associated with controls and displays. If Proposal Four were adopted,
vehicle manufacturers would incur minimal additional costs. All
manufacturers already provide some type of identification for the air
bag readiness indicator and many provide illumination of it. NHTSA
estimates that the additional costs resulting from adopting Proposal
Four would be so minimal that preparation of a full regulatory
evaluation is not warranted.
[[Page 27042]]
None of the other proposals would impose new requirements or have
any effect on costs which can be estimated at this time. Proposal Two
would delete requirements for motor vehicles manufactured before
September 1, 1987 and September 1, 1989. If the standard were rescinded
pursuant to Proposal One, NHTSA anticipates no changes in costs
resulting from manufacturers' actions, because manufacturers are not
expected to respond to the rescission by making any significant changes
in the location, identification, and illumination of motor vehicle
controls and displays. Further, many of the controls and displays
specified in Standard No. 101 are also specified in other Federal motor
vehicle safety standards.
To the extent that individual States might choose to establish
their own requirements for controls and displays, which would be
permitted if the agency rescinded the standard, as discussed above,
vehicle production costs would increase. However, the agency has no way
of foretelling the extent to which States might opt to do this or of
estimating the increase in production cost that would result.
If Proposals Two or Three were adopted, NHTSA also anticipates no
changes in costs since it does not believe manufacturers will make any
significant changes in the location, identification, and illumination
of motor vehicle controls and displays.
2. Regulatory Flexibility Act
NHTSA has also considered the impacts of this rule under the
Regulatory Flexibility Act. For the reasons explained above, I hereby
certify that this rule would not have a significant economic impact on
a substantial number of small entities. Accordingly, there would not be
any significant effect on small organizations, jurisdictions or other
entities which purchase new motor vehicles. For this reason, an initial
regulatory flexibility analysis has not been prepared.
3. National Environmental Policy Act
NHTSA has also analyzed this proposed rule under the National
Environmental Policy Act and determined that it would not have any
significant impact on the quality of the environment.
4. Executive Order 12612 (FEDERALISM)
NHTSA has analyzed this proposed rule in accordance with the
principles and criteria contained in E.O. 12612, and has determined
that it would not have significant federalism implications to warrant
the preparation of a Federalism Assessment.
5. Civil Justice Reform
This proposed rule would not have any retroactive effect. Under 49
U.S.C. 30103, whenever a Federal motor vehicle safety standard is in
effect, a State may not adopt or maintain a safety standard applicable
to the same aspect of performance which is not identical to the Federal
standard, except to the extent that the State requirement imposes a
higher level of performance and applies only to vehicles procured for
the State's use. 49 U.S.C. 30161 sets forth a procedure for judicial
review of final rules establishing, amending or revoking Federal motor
vehicle safety standards. That section does not require submission of a
petition for reconsideration or other administrative proceedings before
parties may file suit in court.
Procedures for Filing Comments
Interested persons are invited to submit comments on the proposal.
It is requested but not required that 10 copies be submitted.
All 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 a 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 in the envelope with their comments. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Issued on: May 23, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-13528 Filed 5-29-96; 8:45 am]
BILLING CODE 4910-59-P
Complete official Federal Register PDF
FR Doc. 96-13522 Guides for the Jewelry, Precious Metals and Pewter Industries
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27224-27228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13522]
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 /
Proposed Rules
[[Page 27224]]
FEDERAL TRADE COMMISSION
16 CFR PART 23
Guides for the Jewelry, Precious Metals and Pewter Industries
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
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SUMMARY: The Federal Trade Commission (the ``Commission'') is
requesting public comments on proposed revisions to Sec. 23.7 of the
Guides for the Jewelry, Precious Metals and Pewter Industries (``the
Guides''). Section 23.7 of the Guides addresses claims made about
platinum products. All interested persons are hereby given notice of
the opportunity to submit written data, views and arguments concerning
this proposal.
DATES: Written comments will be accepted until August 12, 1996.
ADDRESSES: Comments should be directed to: Secretary, Federal Trade
Commission, Room H-159, Sixth and Pennsylvania Ave., N.W., Washington,
D.C. 20580. Comments about these proposed changes to the Guides should
be identified as ``Guides for the Jewelry, Precious Metals and Pewter
Industry--16 CFR Part 23--Comment.''
FOR FURTHER INFORMATION CONTACT: Constance M. Vecellio or Laura J.
DeMartino, Attorneys, Federal Trade Commission, Washington, D.C. 20580,
(202) 326-2966 or (202) 326-3030.
SUPPLEMENTARY INFORMATION:
I. Introduction
In a separate Federal Register Notice (``FRN''), the Commission
announced revisions to its Guides for the Jewelry Industry, renamed
Guides for the Jewelry, Precious Metals and Pewter Industries, 16 CFR
Part 23.1 The Guides for the Jewelry, Precious Metals and Pewter
Industries (``the Guides'') address claims made about precious metals,
diamonds, gemstones and pearl products. The Commission did not revise
section 23.7 of the Guides for the Jewelry Industry, which addresses
claims made about platinum products. Industry members have indicated
the need to simplify current Commission guidance regarding claims that
a product is composed of platinum and bring this guidance into closer
accord with international standards. The Commission concluded, however,
that additional comment would be helpful to resolve certain issues.
Below, the Commission describes the comments discussing the marking of
platinum products, submitted in response to the prior FRN.2 The
Commission also discusses its proposed changes to this section. The
Commission solicits comment on this provision of the Guides and the
proposed changes.
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\1\ The Commission published a FRN soliciting public comment on
amendments to the Jewelry Guides, including revisions to section
23.7 regarding platinum products. 57 FR 24996 (June 12, 1992). That
FRN was published in response to a petition proposing changes,
submitted by the Jewelers Vigilance Committee (``JVC'').
\2\ 57 FR 24996 (June 12, 1992). The comments are cited to by an
abbreviation of the commenter's name and the document number
assigned to the comment on the public record. A list of the
commenters, including the abbreviations and document numbers used to
identify each commenter, is attached as an appendix.
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II. Analysis of Comments
A. Background
Section 23.7 of the Guides for the Jewelry Industry states that it
is an unfair trade practice to use the words ``platinum,'' ``iridium,''
``palladium,'' ``ruthenium,'' ``rhodium,'' or ``osmium,'' or any
abbreviations thereof, in a way likely to deceive purchasers as to the
true composition of the product. The JVC proposed adding a sentence
stating that platinum, iridium, palladium, ruthenium, rhodium, and
osmium are the platinum group metals (``PGM''). Because not every
reader of the Guides will be familiar with the term ``platinum group
metals,'' the Commission proposes including the JVC's explanatory
sentence in the Guides. The JVC also proposed adding definitions of
``platinum'' and ``quality mark.'' The Commission believes that the
proposed definition of platinum is confusing (because it defines
platinum, which is an element, as an alloy). The proposed definition of
quality mark is unnecessary because that term is defined elsewhere in
the Guides.
B. Suggested Provisions for Platinum Products
1. Proposals Based on the Voluntary Product Standards
In the Guides for the Jewelry Industry, a Note states that markings
in compliance with Commercial Standard CS 66-38 (now Voluntary Product
Standard 69-76) on the ``Marking of Articles Made Wholly or in Part of
Platinum'' will be regarded ``as among those fulfilling the
requirements relating thereto which are contained in this section.''
3 The JVC proposed incorporating the Voluntary Product Standard
(``VPS''), with some changes, into the Guides.
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\3\ Commercial Standards were promulgated by the U.S.
Department of Commerce and administered by the National Bureau of
Standards (``NBS''). Later renamed by the NBS as Voluntary Product
Standards, they had the same legal significance as FTC guides. The
Department of Commerce and the NBS, which is now called the National
Institute of Standards and Technology, withdrew these and all other
VPS, as an economy measure, on January 20, 1984.
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The VPS sets out requirements for marking items as platinum. In
section 3.5(1), the VPS states that an article without solder may be
marked ``platinum'' if 985 parts per thousand are platinum group metals
and 935 parts per thousand are pure platinum. The JVC proposed changing
the requirement of 985 parts per thousand platinum group metals to 950
parts per thousand pure platinum. The FRN solicited comment on this
proposed change.\4\
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\4\ The VPS provided, for the various types of PGM products,
different ``parts per thousand'' requirements for products with
solder and without solder. The JVC proposal dropped these references
to solder (except as to a proposed new product, chain articles
containing solder-filled wire, discussed infra). There was no
comment opposing this change. The Commission solicits comment on
whether references to solder should be included in the Guides.
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Fourteen comments addressed this issue. Two comments opposed the
proposed standard, but offered no substantive reasons.\5\ Twelve
comments favored the revision.\6\ The Platinum Guild stated that ```950
platinum' is an accepted standard worldwide [and] [a]doption of this
standard simplifies the import and export of platinum jewelry and
allows the U.S. to properly compete with others in the international
marketplace.'' \7\ This comment was echoed verbatim by Johnson Matthey,
a major platinum producer.\8\ Because of the overwhelming support for
the change, which harmonizes the Guides with international practices,
the Commission proposes making this change.\9\
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\5\ Korbelak (27) p.5 (stating that ``platinum is platinum'')
and G&B (30) p.8 (stating that platinum should remain at a ``high,
high, standard'').
\6\ Fasnacht (4); Estate (23); Jabel (47); Handy (62); ArtCarved
(155); IJA (192); Canada (209); Matthey (213); MJSA (226); Preston
(229); PGI (245); and Leach (257).
\7\ Comment 245, p.2 (stating further that other countries
``produce '950 platinum' alloys with oftentimes superior casting and
working characteristics,'' and that ``[t]he U.S. needs these
materials to be at the cutting edge of jewelry technology from a
materials standpoint'').
\8\ Matthey (213) p.2; ArtCarved (155) p.4 (stating that ``950''
is used internationally and should be the U.S. standard); Canada
(209) p.4 (stating that the proposal ``would align the [Guides] with
the current Canadian standard''); JCWA (216) p.3 (stating that
``lowering the minimum to a level of grade 900/1000 would better
reflect accepted international practice'').
\9\ The National Stamping Act, which establishes tolerance for
gold and silver, does not apply to platinum. The JVC proposed
including a Note stating that the ``actual Platinum content of an
industry product shall not be less than the Platinum content
indicated by the quality marks.'' However, because extremely minor
variances of the type allowed by the gold and silver tolerances in
the National Stamping Act might not be unfair or deceptive, the
Commission does not propose including this Note.
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[[Page 27225]]
The JVC also suggested including in the Guides two other sections
of the VPS that state, for an article with 950 parts per thousand
platinum group metals but less than 950 parts pure platinum, that other
platinum group metals in the article be disclosed in the mark.\10\ If
the platinum is 750 parts or more, the next predominate metal should be
named (e.g., Irid-Plat, for an item containing 90% platinum and 10%
iridium). If the platinum is less than 750 parts (but at least 500
parts pure platinum), all the other platinum group metals should be
named, preceded by a number indicating the amount in parts per thousand
of that metal (e.g., 600 platinum-350 iridium).\11\
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\10\ Jabel (47) noted at p.1, that ``there's an awful lot of
real (10% iridium platinum) platinum out there that should be
acknowledged.'' This provision addresses the marketing of this
product.
\11\ VPS sections 3.5(2) and (3).
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The Commission is seeking comment on whether it should adopt these
sections as safe harbor provisions (i.e., as examples of markings and
descriptions that are not considered unfair or deceptive). The
Commission asks that commenters address whether the marking of an item
containing between 750 and 950 parts platinum (e.g., Irid-Plat), will
be understood by consumers or whether it will be confusing. The
Commission is especially interested in how consumers will interpret a
marking where the next predominate metal precedes the word platinum.
The Commission also solicits comment on the need for separate
guidance for items containing between 750 and 950 parts pure platinum
and items containing between 500 and 750 parts pure platinum. The
Commission is considering one safe harbor provision for all items
containing less than 950 parts pure platinum, that would recommend
naming all platinum group metals in the item, preceded by a number
indicating the amount in parts per thousand of that metal. This change
may simplify Commission guidance and provide greater information to
consumers about the amount of platinum and other platinum group metals
in the item. The Commission requests comment on this approach.
The JVC also proposed including a section that states that no
article containing fewer than 500 parts per thousand of pure platinum
shall be marked ``platinum.'' This proposal differs from the VPS
section, which states that such an article can be marked ``iridium,''
``palladium,'' ``ruthenium,'' ``rhodium,'' or ``osmium'' (whichever
predominates in the article) if the article consists of 950 parts per
thousand of platinum group metals.\12\ There was no comment on this
section. The Commission believes that referring to an article that
contains less than 500 parts pure platinum as ``platinum,'' without
qualification, may be deceptive. The Commission does not believe that
it would be deceptive to mark the item with the name of the predominate
metal in the item. The Commission recognizes, however, that the
predominate metal in such an item may be platinum (e.g., 480 platinum,
250 palladium, 220 iridium). Although the Commission proposes including
the provision, in the form it appears in the VPS, as a safe harbor
provision in the Guides, it solicits comment on whether the Guides
should address separately the situation where an item contains less
than 500 parts pure platinum, but platinum is still the predominate
metal.
---------------------------------------------------------------------------
\12\ VPS section 3.5(4).
---------------------------------------------------------------------------
2. Other Proposals
The Commission received a request for an advisory opinion from the
JVC and Platinum Guild International on November 30, 1995. The JVC and
Platinum Guild International requested that the Commission advise that
the following markings or descriptions would not be considered
deceptive: PT850 or 850 Plat; PT900 or 900 Plat; PT950 or 950 Plat; and
PT999 or 999 Plat. The minimum content for platinum would be 850 parts
per thousand. The JVC and Platinum Guild International state that these
markings are similar to markings for gold jewelry and would be more
understandable than the markings suggested in the VPS. They also state
that these markings are used in Japan and Switzerland.
The request differs from the scheme of marking that is contained in
the Voluntary Product Standard, described above. For items with less
than 950 parts pure platinum, the other component platinum group metals
would not be disclosed. Under this scheme of markings, it is unclear
how products containing less than 850 parts platinum would be
described. The Commission solicits comment on these issues and the
costs and benefits of these markings relative to those in the VPS.
3. Abbreviations and Trademarks
The JVC proposed including a section from the VPS describing the
``recognized abbreviations'' for each of the platinum group metals
(platinum, iridium, palladium, ruthenium, rhodium and osmium).13
Each is a four-letter abbreviation. The Platinum Guild suggested that
these abbreviations be changed to permit the use of two letter
abbreviations.14 The Guild stated that jewelry manufacturers have
said that ``the marking requirements and long metal abbreviations are a
deterrent to entering the marketplace with a product such as `585 PLAT
365 PALL.' Shorter abbreviations would be a real help to the platinum
segment of the jewelry industry, i.e., `585 PT.' ''15
---------------------------------------------------------------------------
\13\ VPS section 5.
\14\ Comment 245, pp. 2-3. ``Plat.,'' ``irid.,'' ``pall.,''
``ruth.,'' ``rhod.,'' and ``osmi.'' could be replaced by ``PT,''
``IR,'' ``PA,'' ``RU,'' ``RH,'' and ``OS.''
\15\ Comment 245, p.3.
---------------------------------------------------------------------------
The two letter abbreviations are the same as those listed in the
periodic chart of the elements, but the four-letter abbreviations are
more likely to be understood by consumers with no knowledge of
chemistry. However, in response to the comments, the Commission
proposes including a provision that states that the four-letter
abbreviations are preferred, but that the use of two-letter
abbreviations on articles that consist of more than two platinum group
metals would not be objectionable. Comments on this proposal and on
whether two-letter abbreviations should be acceptable in all situations
are desired.
The JVC also recommended including in the Guides the VPS section
that requires that, if a platinum quality mark appears on an article,
the trademark of the manufacturer must also appear. The eleven
pertinent comments discussing this proposal all favored requiring a
trademark on quality-marked platinum.16 However, most gave no
reason. Platinum is not covered by the National Stamping Act, which
requires that an article that is stamped with a quality mark indicating
that it is made of gold or silver, also bear a trademark of the
manufacturer or importer. Preston stated that the Commission would be
``the next logical Federal authority * * * to close the trade mark
stamping gap for platinum products'' and that this requirement would
``help maintain uniformly high product standards by causing
manufacturers, importers, or sellers who stamp ``platinum'' on their
products to identify themselves.'' 17
---------------------------------------------------------------------------
\16\ Fasnacht (4); King (11); Estate (23); G&B (30); Handy
(62); McGee (112); Bridge (163); IJA (192); Canada (209); Matthey
(213); and MJSA (226).
\17\ Comment 229, p.10.
---------------------------------------------------------------------------
The purpose of the Guides, however, is not to ``maintain uniformly
high product standards'' but rather to prevent unfairness and
deception. It is neither deceptive nor unfair to mark an item as
[[Page 27226]]
platinum but not to identify the trademark of the manufacturer.18
Hence, the Commission has not included in the Guides a requirement that
the trademark must accompany any platinum quality mark.
---------------------------------------------------------------------------
\18\ If there are problems with the product, the consumer can
seek assistance from the seller of the item (probably a retailer who
in turn may know, or seek assistance from, the manufacturer of the
item).
---------------------------------------------------------------------------
Finally, the JVC proposed including the list of ``exemptions''
(e.g., joint, catches, etc.) to which the quality mark is deemed not to
apply. The Commission proposes adding a note to the section stating
that a list of exemptions can be found in the appendix.
C. Suggested Provisions for Platinum-Filled Products
The JVC proposed including a subsection on ``platinum-filled'' or
``platinum overlay'' (i.e., platinum-plated) products. The FRN asked
whether a standard should be established for platinum-filled, platinum
overlay, or platinum-clad products and whether a standard that the
plating constitute at least 1/20th of the weight of the entire article
would be appropriate.
In response to this question, Preston stated that platinum-filled
and platinum overlay are not yet produced commercially by the platinum
industry. Preston also stated that since these products may be
introduced in the future, the JVC's Platinum subcommittee, ``[i]n the
absence of carefully explored standards * * * arbitrarily copied the
technology and standards for similar products in the gold industry.''
19
---------------------------------------------------------------------------
\19\ Comment 229, p.9; Jabel (47) p.1 (stating, ``How were
these standards established? For wear? For weight? For
appearance?''); Canada (209) p.4 (stating that the proposed standard
``deserves further study,'' and noting that ``there is industry
interest for other platinum products with approximately 585 parts
platinum per 1000 parts metal'').
---------------------------------------------------------------------------
Some comments stated that a standard should be established.20
One noted that ``if [platinum plating] is currently being done, it
should have the same regulations as gold coated products.'' 21
However, another stated the same terms should not be used for gold and
platinum.22 Alexander Korbelak stated that the term ``platinum-
filled'' was deceptive.23 Others simply answered the question in
the FRN ``yes'' 24 or ``no.'' 25
---------------------------------------------------------------------------
\20\ Phillips (204) p.1 (stating that ``some standard for
platinum filled needs to be established''); Bruce (218) p.9 (stating
that ``platinum-filled'' products may have overseas potential and
that it would be best ``to have standards set, so that when the
opportunity comes, the material will be covered'').
\21\ Bales (156) p.9.
\22\ G&B (30) p.8.
\23\ Comment 27, p.5.
\24\ Estate (23); Schwartz (52); Handy (62); and MJSA (226).
\25\ Leach (257).
---------------------------------------------------------------------------
Sheaffer commented that ``a standard should be established for
platinum plating (regardless of how applied),'' but favored a standard
specifying minimum fineness and thickness. Sheaffer stated that a
standard based on a weight ratio ``will encourage the production of
inferior articles lacking strength and rigidity as the thickness and,
thus, the cost of the plate can readily be reduced by use of a very
thin base material.'' 26
---------------------------------------------------------------------------
\26\ Comment 249, p.4; ArtCarved (155) p.4 (stating that a
``coating thickness'' standard would be more appropriate than a
weight standard).
---------------------------------------------------------------------------
The Platinum Guild and Johnson Matthey both favored the proposed
standard, noting that it ``will assure that a properly manufactured
product will be durable and have a reasonable precious metal content.''
27
---------------------------------------------------------------------------
\27\ PGI (245) p.2 and Matthey (213) p.2 (both stating that
electroplating, or chemical deposition of platinum, although
currently not a factor in the marketplace, ``may need to be
addressed in future guides'').
---------------------------------------------------------------------------
Because the comments indicate that platinum-filled products are not
currently being marketed, there are no deceptive practices occurring.
Moreover, there appears to be little consensus on what standard would
best meet consumer expectations. Thus, the Commission does not propose
including a provision for this product in the Guides at this time.
Future marketers of such products could be guided by the provisions
that apply to gold- and silver-plated products. The Commission,
however, solicits comment on whether there is a need to address
platinum-filled products in the Guides at this time, and if so, why.
D. Proposals for Solder-Filled Platinum Chain
The JVC proposed adding a provision on solder-filled platinum
chain. The FRN solicited comment on whether a standard of 850 parts per
thousand pure platinum is appropriate.
The Platinum Guild and Johnson Matthey both noted that Japan, which
consumes the greatest amount of platinum jewelry in the world, uses the
850 standard for platinum chain. They stated that the 850 standard is
appropriate, ``whether solder filled or solid wire is used in the
manufacture of the product,'' and noted that ``Internationally, little
solder filled wire is used * * * .'' Both also stated that a standard
of ``850 platinum'' for chain products ``will allow the U.S.
manufacturer to compete more fairly in the world marketplace.'' 28
MJSA stated that the proposed 850 standard for platinum chain ``is
consistent with existing industry standards and practices.'' 29
Other comments simply approved the proposed standard.30 Canada
commented that ``in Canada no specific standard is advised as the
question is under review.'' 31 Korbelak stated that such a product
should be designated ``solder-filled platinum.'' 32
---------------------------------------------------------------------------
\28\ PGI (245) p.2; Matthey (213) pp.2-3.
\29\ Comment 226, p.6.
\30\ Estate (23); Handy (62); G&B (30); and Jabel (47).
\31\ Comment 209, p.4.
\32\ Comment 27, p.5.
---------------------------------------------------------------------------
Because the comments indicate that the proposed standard reflects
existing standards both in the U.S. and abroad, the Commission proposes
including this standard, as a safe harbor, in the Guides.
E. Proposals for Platinum in Combination with Gold Products
Finally, the JVC recommended including a section, adapted from the
Voluntary Products Standard, providing that an article in which
platinum is combined with gold so that they are ``visually separable
and easily distinguishable one from the other,'' may have the term
``platinum'' applied followed by a karat mark. However, the combination
of platinum and gold is adequately covered in the Guides by the
respective sections on platinum and gold and by the section on quality
marks.33 Thus, the Commission has concluded that it is unnecessary
to include this section in the revised Guides.
---------------------------------------------------------------------------
\33\ Section 23.8(a)(2) of the Guides deals with quality marks
on products that are a combination of two or more metals of similar
surface appearance. This section provides that ``each quality mark
should be closely accompanied by an identification of the part or
parts to which the mark is applicable.'' The Commission has
determined that the guidance provided in this section will prevent
deception.
---------------------------------------------------------------------------
III. Request for Comment
The Commission seeks public comment on section 23.7 of the Guides
and all of the proposed changes discussed above. The Commission also
requests comment on the following specific questions:
1. Do products with less than 950 parts per thousand pure platinum
have the same qualities and characteristics as products with larger
amounts of platinum?
2. Products consisting of between 750 and 950 parts per 1000 pure
platinum may be marked ``platinum'' provided that the name of the next
predominant PGM precedes the word platinum. Products consisting of
between 500 and
[[Page 27227]]
750 parts per 1000 pure platinum may be marked ``platinum'' provided
that all PGM in the product are marked and preceded by a number
indicating the amount of the metal in parts per thousand. Should the
guidance for all products consisting of less than 950 parts pure
platinum be the same? If so, why? What are the reasons for having
different standards for the products?
3. For products consisting of less than 950 parts pure platinum,
what are the benefits and costs of marking each PGM contained in the
product? Should the amount of each metal, in parts per thousand, be
disclosed?
4. Should products with less than 950 parts pure platinum be marked
with only the amount of pure platinum contained in the product (e.g.,
PLAT 900)? Do consumers understand this marking? Would percentage
markings (e.g., 90% Plat) be preferable and feasible?
5. Are there any international standards for marking platinum
products? Should the Guides follow these standards? Why or why not?
6. Should products with less than 500 parts per thousand pure
platinum be marked ``platinum''? Why or why not?
7. Should platinum and other PGM be described with two letter
abbreviations? Do consumers understand two letter abbreviations?
8. Is there a need for Commission guidance regarding descriptions
of platinum-filled, platinum overlay or platinum-clad products? If so,
how should these products be addressed?
9. Should chain articles containing solder-filled wire and
consisting of at least 850 parts per thousand pure platinum be marked
``platinum''? Why or why not?
List of Subjects in 16 CFR Part 23
Advertising; Jewelry; Trade practices.
Accordingly, the Commission proposes to amend Title 16 of the Code
of Federal Regulations as follows:
1. The authority citation for Part 23 continues to read as follows:
Authority: Sec. 6, 5, 38 Stat. 721, 719; 15 U.S.C. 46, 45.
2. Section 23.7 is revised to read as follows:
Sec. 23.7 Misuse of the words ``platinum,'' ``iridium,''
``palladium,'' ``ruthenium,'' ``rhodium,'' and ``osmium.''
(a) It is unfair or deceptive to use the words ``platinum,''
``iridium,'' ``palladium,'' ``ruthenium,'' ``rhodium,'' or ``osmium,''
or any abbreviation to mark or describe all or part of an industry
product if such marking or description misrepresents the product's true
composition. The Platinum Group Metals (PGM) are Platinum, Iridium,
Palladium, Ruthenium, Rhodium, and Osmium.
(b) The following are examples of markings and descriptions that
are not considered unfair or deceptive:
(1) The following four-letter abbreviations for each of the PGM may
be used for quality marks on articles consisting of one or two PGM:
``Plat.'' for Platinum; ``Irid.'' for Iridium; ``Pall.'' for Palladium;
``Ruth.'' for Ruthenium; ``Rhod.'' for Rhodium; and ``Osmi.'' for
Osmium. If an article contains more than two PGM, the following
abbreviations may be used for quality marks to disclose three or more
constituent metals: ``Pt.'' for Platinum; ``Ir.'' for Iridium; ``Pd.''
for Palladium; ``Ru.'' for Ruthenium; ``Rh.'' for Rhodium; and ``Os.''
for Osmium.
(2) An industry product consisting of at least 950 parts per
thousand pure Platinum may be marked ``Platinum.''
(3) An industry product consisting of at least 950 parts per
thousand PGM, of which at least 750 parts per thousand are pure
Platinum, may be marked ``Platinum'' provided that the name or
abbreviation of the PGM member that is the next largest constituent of
the alloy immediately precedes the word ``Platinum.''
(4) An industry product consisting of at least 950 parts per
thousand PGM, of which at least 500 parts per thousand (but less than
750) are pure Platinum, may be marked ``Platinum'' provided that the
mark of each PGM constituent is preceded by a number indicating the
amount in parts per thousand of each PGM, as, for example, ``600 Plat.-
350 Irid.,'' ``700 Platinum-250 Iridium,'' or ``500 Pt.-250 Pd.-200
Ir.''
(5) An industry product consisting of at least 950 parts per
thousand PGM, of which less than 500 parts per thousand are pure
Platinum, may be marked with the name or abbreviation of the PGM member
that predominates in the product, provided that the mark is preceded by
a number indicating the amount in parts per thousand of the PGM. Such
product should not be marked with the name or abbreviation for
platinum.
(6) Chain articles containing solder-filled wire and consisting of
at least 850 parts per thousand pure Platinum may be marked
``Platinum.''
Note to Sec. 23.7: Exemptions recognized in the assay of
platinum industry products are listed in the Appendix to Part 23.
By direction of the Commission.
Donald S. Clark,
Secretary.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix--List of Commenters and Abbreviations
------------------------------------------------------------------------
Abbreviation No. Commenter
------------------------------------------------------------------------
ArtCarved........................... 155 ArtCarved.
Bales............................... 156 Bales Diamond Center & Mfg.
Inc.
Bridge.............................. 163 Ben Bridge.
Bruce............................... 218 Donald Bruce & Co.
Canada.............................. 209 Consumer & Corporate
Affairs Canada.
Estate.............................. 23 Estate Jewelers.
Fasnacht............................ 4 Fasnacht's Jewelry.
G&B................................. 30 Gudmundson & Buyck
Jewelers.
Handy............................... 62 Handy & Harman.
IJA................................. 192 Indiana Jewelers
Association.
Jabel............................... 47 Jabel Inc.
JCWA................................ 216 Japan Clock & Watch
Association.
King................................ 11 King's Jewelry.
Korbelak............................ 27 A. Korbelak.
Leach............................... 257 Leach & Garner Co.
Matthey............................. 213 Johnson Matthey.
McGee............................... 112 McGee & Co.
MJSA................................ 226 Manufacturing Jewelers &
Silversmiths of America,
Inc.
PGI................................. 245 Platinum Guild Int'l U.S.A.
Jewelry, Inc.
[[Page 27228]]
Phillips............................ 204 Phillips Jewelers, Inc.
Preston............................. 229 F.J. Preston & Son Inc.
Schwartz............................ 52 Charles Schwartz.
------------------------------------------------------------------------
[FR Doc. 96-13522 Filed 5-29-96; 8:45 am]
BILLING CODE 6750-01-P
Complete official Federal Register PDF
FR Doc. 96-13498 Airworthiness Directives; Learjet Model 60 Airplanes
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27030-27031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13498]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 95-NM-240-AD]
RIN 2120-AA64
Airworthiness Directives; Learjet Model 60 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 Learjet Model 60
airplanes. This proposal would require modification of the aft core
cowl nozzle of the engine nacelles. This proposal is prompted by a
report that the sealant material in the aft core cowl nozzle of the
engine nacelle was found to extend higher than the nozzle's forward
flange, which can allow it to interfere with the proper operation of
the emergency fuel shutoff actuating mechanism. The actions specified
by the proposed AD are intended to prevent physical interference of the
emergency fuel shutoff actuating mechanism and resultant engine
shutdown.
DATES: Comments must be received by July 8, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-240-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 Learjet, Inc., One Learjet Way, Wichita, Kansas 67209-
2942. This information may be examined at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA,
Small Airplane Directorate, Wichita Aircraft Certification Office, 1801
Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas.
FOR FURTHER INFORMATION CONTACT: Jeffrey Janusz, Aerospace Engineer,
Systems and Propulsion Branch, ACE-116W, FAA, Small Airplane
Directorate, Wichita Aircraft Certification Office, 1801 Airport Road,
Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316)
946-4148; fax (316) 946-4407.
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-240-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-240-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion -
The FAA has received a report that, during installation of the aft
core cowl nozzle of the engine nacelle on a Learjet Model 60 airplane,
the sealant material in the aft core cowl nozzle was found to be
improperly extended higher than the nozzle's forward flange. The cause
has been attributed to the apparent improper installation of the
sealant material during production. Sealant material in the aft core
cowl nozzle that extends too high, if not corrected, could interfere
with proper operation of the lever of the emergency fuel shutoff
actuating mechanism. Such interference could result in the failure of
the emergency fuel shutoff actuating mechanism and resultant engine
shutdown. -
The FAA has reviewed and approved Learjet Service Bulletin SB 60-
71-2, dated May 12, 1995, which describes procedures for modification
of the aft core cowl nozzle of the engine nacelles. Among other
actions, the modification involves replacing the sealant on the aft
core cowl nozzle with a filler made from 6061 aluminum, and
reidentifying the aft core cowl nozzle. The modification will ensure
that the sealant does not interfere with the function of the emergency
fuel shutoff actuating mechanism. -
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 modification of the aft core cowl nozzle of
the engine nacelles. The actions would be required to be accomplished
in accordance with the service bulletin described previously. -
There are approximately 39 Learjet Model 60 airplanes of the
affected design in the worldwide fleet. The FAA estimates that 26
airplanes of U.S. registry would be affected by this proposed AD, that
it would take approximately 44 work hours per airplane to accomplish
the proposed actions, and that the average labor rate is $60 per work
hour. Required parts would be supplied by the manufacturer at no cost
to the operators. Based on these figures, the cost impact of the
proposed AD on U.S. operators is estimated to be $68,640, or $2,640 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
[[Page 27031]]
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 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended] -
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Learjet: Docket 95-NM-240-AD.
-Applicability: Model 60 airplanes, as listed in Learjet
Service Bulletin SB 60-71-2, dated May 12, 1995; 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 (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 the sealant material in the aft core cowl nozzle of
the engine nacelles from interfering with the lever of the emergency
fuel shutoff actuating mechanism, which could result in the failure
of the emergency fuel shutoff actuating mechanism and resultant
engine shutdown, accomplish the following: -
(a) Within 90 days after the effective date of this AD, modify
the aft core cowl nozzle of the engine nacelles in accordance with
Learjet Service Bulletin SB 60-71-2, dated May 12, 1995. -
(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, Wichita Aircraft Certification
Office (ACO), FAA, Small 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, Wichita ACO.
-Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Wichita 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 22, 1996.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-13498 Filed 5-29-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13497 Airworthiness Directives; Beech (Raytheon) Model BAe 125 Series 1000A and Model Hawker 1000 Airplanes
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27028-27030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13497]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-166-AD]
RIN 2120-AA64
Airworthiness Directives; Beech (Raytheon) Model BAe 125 Series
1000A and Model Hawker 1000 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 series 1000A and Model Hawker 1000 airplanes. This proposal would
require a one-time inspection for correct sleeve lengths, an inspection
to detect discrepancies of the elevator pulley assembly, and correction
of any discrepancy. This proposal is prompted by reports indicating
that some aircraft have been fitted with an elevator pulley that was
assembled incorrectly during manufacture. The actions specified by the
proposed AD are intended to prevent reduced structural integrity of the
elevator control circuit due to failure of one or more outer lugs or
malfunction of the elevator pulley assembly as a result of incorrect
assembly of the pulley.
DATES: Comments must be received by July 8, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-166-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: William Schroeder, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206)
227-2148; Fax (206) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications shall identify the Rules Docket number
and be submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the proposed rule. All
comments submitted will be available, both before and after the closing
date for comments, in the Rules Docket for examination by interested
persons. A report summarizing each FAA-public contact concerned with
the substance of this proposal will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 95-NM-166-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-166-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
[[Page 27029]]
the FAA that an unsafe condition may exist on certain Beech (Raytheon)
Model BAe 125 series 1000A and Model Hawker 1000 airplanes. The CAA
advises that it has received reports indicating that some aircraft have
been fitted with an elevator pulley that was assembled incorrectly
during manufacture. Failure of one or more outer lugs or malfunction of
the elevator pulley assembly, if not corrected, could result in reduced
structural integrity of the elevator control circuit.
Explanation of Relevant Service Information
The manufacturer has issued Hawker Service Bulletin SB 27-161,
Revision 1, dated July 29, 1994, which describes procedures for a one-
time inspection for correct sleeve lengths, and a one-time visual
inspection to detect discrepancies of the elevator pulley assembly. The
CAA classified this service bulletin as mandatory in order to assure
the continued airworthiness of these airplanes in the United Kingdom.
FAA's Conclusions
These airplane models are manufactured in the United Kingdom and
are 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.
Explanation of Requirements of Proposed Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design, the
proposed AD would require a one-time inspection for correct sleeve
lengths, a one-time visual inspection to detect discrepancies of the
elevator pulley assembly, and correction of any discrepancy. The
inspections would be required to be accomplished in accordance with the
service bulletin described previously. Correction of discrepancies
would be required to be accomplished in accordance with a method
approved by the FAA.
Cost Impact
The FAA estimates that 40 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
$2,400, 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.
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 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:
Beech Aircraft Company (Formerly DeHavilland; Hawker Siddeley;
British Aerospace, PLC; Raytheon Corporate Jets, Inc.): Docket 95-
NM-166-AD.
Applicability: Model BAe 125 series 1000A and Model Hawker 1000
airplanes; as listed in Hawker Service Bulletin SB 27-161, Revision
1, dated July 29, 1994; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must 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.
Note 2: Beech (Raytheon) Model BAe 125 series 1000B 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 Model BAe 125 series 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 prevent reduced structural integrity of the elevator control
circuit, accomplish the following:
(a) Within 6 months after the effective date of this AD: Perform
a one-time inspection for correct sleeve lengths, and a one-time
visual inspection to detect discrepancies of the elevator pulley
assembly, in accordance with Hawker Service Bulletin SB 27-161,
Revision 1, dated July 29, 1994.
(1) If no discrepancy is found, no further action is required by
this AD.
(2) If any discrepancy is found, prior to further flight,
correct the discrepancy in accordance with a method approved by the
Manager, Standardization Branch, ANM-113, FAA, Transport Airplane
Directorate.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
[[Page 27030]]
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.
(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 22, 1996.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 96-13497 Filed 5-29-96; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 96-13469 Freedom of Information Policy and Procedures
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27031-27036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13469]
=======================================================================
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ARMS CONTROL AND DISARMAMENT AGENCY
22 CFR Part 602
Freedom of Information Policy and Procedures
AGENCY: Arms Control and Disarmament Agency.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States Arms Control and Disarmament Agency (ACDA)
proposes to revise and restate in their entirety its rules that govern
the availability and release of information. By clarifying these rules,
this proposal will help the public to interact better with ACDA and is
part of ACDA's effort to update and streamline its regulations. ACDA
invites comments from interested groups and members of the public on
the proposed regulations.
DATES: To be considered, comments must be delivered by mail or in
person to the address, or faxed to the telephone number, listed below
by 5:00 p.m. on Monday, July 8, 1996.
ADDRESSES: Comments should be directed to the Office of the General
Counsel, United States Arms Control and Disarmament Agency, Room 5635,
320 21st Street, N.W., Washington, DC 20451; FAX (202) 647-0024.
Comments will be available for inspection between 8:15 a.m. and 5:00
p.m. at the same address.
FOR FURTHER INFORMATION CONTACT:
Frederick Smith, Jr., United States Arms Control and Disarmament
Agency, Room 5635, 320 21st Street, N.W., Washington, DC 20451,
telephone (202) 647-3596.
SUPPLEMENTARY INFORMATION: ACDA proposes to update, clarify,
reorganize, and streamline its rules regarding the availability and
release of information under the Freedom of Information Act, as
amended. ACDA does not intend these rules to materially affect current
ACDA standards, policies, or procedures.
Regulatory Flexibility Act Certification
It is hereby certified that the proposed rule will not have a
significant economic impact on a substantial number of small entities.
Accordingly, a regulatory flexibility analysis is not required.
Executive Order 12866 Determination
ACDA has determined that the proposed rule is not a significant
regulatory action within the meaning of section 3(f) of that Executive
Order.
Paperwork Reduction Act Statement
The proposed rule is not subject to the provisions of the Paperwork
Reduction Act because it does not contain any information collection
requirements within the meaning of that Act.
Unfunded Mandates Act Determination
ACDA has determined that the proposed rule will not result in
expenditures by state, local, and tribal governments, or by the private
sector, of more than $100 million in any one year. Accordingly, a
budgetary impact statement is not required under section 202 of the
Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532.
List of Subjects in 22 CFR Part 602
Freedom of Information Act.
The Proposed Regulations
ACDA proposes to revise 22 CFR Part 602 to read as follows:
PART 602--FREEDOM OF INFORMATION POLICY AND PROCEDURES
Subpart A--Basic Policy
Sec.
602.1 Scope of part.
602.2 Definitions.
602.3 General policy.
[[Page 27032]]
Subpart B--Procedure for Requesting Records
602.10 Requests for records.
602.11 Requests in person.
602.12 Availability of records at the ACDA Office of Public
Affairs.
602.13 Copies of records.
602.14 Records of other agencies, governments and international
organizations.
602.15 Overseas requests.
602.16 Responses and time limits on requests.
602.17 Time extensions.
602.18 Inability to comply with requests.
602.19 Predisclosure notification for confidential commercial
information.
Subpart C--Fees
602.20 Fees for records search, review, copying, certification, and
related services.
602.21 Waiver or reduction of fees.
602.22 [Reserved]
602.23 GPO and free publications.
602.24 Method of payment.
Subpart D--Denials of Records
602.30 Denials.
602.31 Exemptions.
Subpart E--Review of Denials of Records
602.40 Procedure for appealing initial determinations to withhold
records.
602.41 Decision on appeal.
Subpart F--Annual Report to the Congress
602.50 Requirements for annual report.
Authority: 5 U.S.C. 552; 22 U.S.C. 2581; and 31 U.S.C. 9701.
Subpart A--Basic Policy
Sec. 602.1 Scope of part.
This part 602 establishes the policies, responsibilities and
procedures for release to members of the public of records which are
under the jurisdiction of the U.S. Arms Control and Disarmament Agency.
Sec. 602.2 Definitions.
As used throughout this part, the following terms have the meanings
set forth in this section:
(a) The term Agency and the acronym ACDA stand for the U.S. Arms
Control and Disarmament Agency.
(b) The term records includes all books, papers, maps, photographs,
or other documentary materials, regardless of physical form or
characteristics, made or received by the Agency in pursuance of Federal
law or in connection with the transaction of public business and
preserved or appropriate for preservation by the Agency or its
legitimate successor as evidence of the organization, functions,
policies, decisions, procedures, operations, or other activities of the
Government or because of the informational value of data contained
therein. Library or museum material made or acquired solely for
reference or exhibition purposes is not included within the definition
of the term ``records.''
(c) Deputy Director means the Deputy Director of the Agency.
(d) The acronym FOIA stands for the Freedom of Information Act, as
amended (5 U.S.C. 552).
Sec. 602.3 General policy.
(a) In accordance with section 2 of the Arms Control and
Disarmament Act, as amended (22 U.S.C. 2551), it is the policy of ACDA
to carry out as one of its primary functions the dissemination and
coordination of public information concerning arms control,
nonproliferation, and disarmament.
(b) In compliance with the FOIA, ACDA will make available upon
request by members of the public to the fullest extent practicable all
Agency records under its jurisdiction, as described in the FOIA, except
to the extent that they may be exempt from disclosure under the FOIA
and Sec. 602.31.
Subpart B--Procedure for Requesting Records
Sec. 602.10 Requests for records.
(a) A written request for records should be addressed to: FOIA
Officer, U.S. Arms Control and Disarmament Agency, 320 21st Street,
N.W., Washington, DC 20451. To facilitate processing, the letter of
request and envelope should be conspicuously marked ``FOIA request.''
(b) The request should identify the desired record or reasonably
describe it. The identification should be as specific as possible so
that a record can be found readily. Blanket requests or requests for
``the entire file of'' or ``all matters relating to'' a specified
subject will not be accepted. The Agency will make any reasonable
effort to assist the requester in sharpening the request to eliminate
extraneous and unwanted materials and to keep search and copying fees
to a minimum.
(c) If a fee is chargeable under subpart C of this part for search
or duplication costs incurred in connection with a request for an
Agency record, the request should include the anticipated fee or should
ask for a determination of such fee. Any chargeable fee must be paid in
full prior to issuance of requested materials. The method of payment is
described in Sec. 602.24.
Sec. 602.11 Requests in person.
A member of the public may request an Agency record by making an
appointment to apply in person between the hours of 8:30 a.m. and 4:00
p.m. at the ACDA Office of Public Affairs, 320 21st Street, N.W.,
Washington, DC 20451. Form ACDA-21, Public Information Service Request,
is available at the ACDA Office of Public Affairs for the convenience
of members of the public in requesting Agency records.
Sec. 602.12 Availability of records at the ACDA Office of Public
Affairs.
(a) A current index identifying all available records is kept on
file at the ACDA Office of Public Affairs. Copies of this index may be
obtained free upon request.
(b) In addition, the ACDA Office of Public Affairs will maintain or
have available, unless authorized to be withheld, certain types of
unclassified records, including but not necessarily limited to the
following:
(1) A copy of the ACDA Manual and other Agency regulations,
including a copy of title 22 of the Code of Federal Regulations (CFR)
and any other title of the CFR in which Agency regulations have been
published;
(2) Copies of arms control and disarmament treaties or agreements
in force;
(3) Research contracts between the Agency and universities or other
non-Government organizations; and
(4) Reimbursable agreements with other Government agencies.
(c) Copies of records available to the public may be inspected by a
requester in the ACDA Office of Public Affairs during the business
hours stated in Sec. 602.11. Copies of records made available for
inspection may not be removed by any requester from the ACDA Office of
Public Affairs.
Sec. 602.13 Copies of records.
(a) The Agency will provide copies of requested records of the same
type and quality that it would provide to personnel of another U.S.
Government agency in the course of official business. It will not
accept requests for special types of copying processes or for special
standards of quality of reproduction.
(b) Copies of records requested will be reproduced as promptly as
possible and mailed to the requester. Chargeable fees will be
determined according to the schedule set forth in subpart C of this
part. The FOIA Officer is authorized to limit copies of each requested
record to ten or fewer when there exists an extraordinary demand for
the number of available copies or when requirements place excessive
demands on the Agency's copying facilities.
[[Page 27033]]
Sec. 602.14 Records of other agencies, governments and international
organizations.
(a) Requests for records that were originated by or are primarily
the concern of another U.S. Government department or agency shall be
forwarded to the particular department or agency involved, and the
requester notified in writing.
(b) Requests for records that have been furnished to the Agency by
foreign governments or by international organizations will not normally
be released unless the organization or government concerned has
indicated that the particular information should or may be made public.
Where international organizations or foreign governments concerned have
not made such a determination, the requester will be so advised, and if
possible, furnished the address to which the request may be sent.
Sec. 602.15 Overseas requests.
Pursuant to the general policy outlined in Sec. 602.3, ACDA has
made arrangements to provide the United States Information Agency
(USIA) with material for dissemination abroad, such as information on
official U.S. positions on arms control and disarmament policy.
Requests originating in an area served by a USIA office which are
received at Agency headquarters, will be referred to USIA when
appropriate for direct response to the requester.
Sec. 602.16 Responses and time limits on requests.
(a) The FOIA requires an initial determination on a request for an
Agency record to be made within ten working days after receipt of the
request.
(b) If it is determined that the requested record (or portions
thereof) will be made available, the requested material will be
forwarded promptly after the initial determination, provided any
applicable fee has been paid in full.
(c) If prior to making an initial determination it is anticipated
that the costs chargeable for a request will amount to more than $25.00
or more than the amount of the payment accompanying the request,
whichever is larger, the requester shall be promptly notified of the
total amount of the anticipated fee or such portion thereof as can
readily be estimated. In these instances, an advance deposit in the
estimated amount of the search, review, and copying costs may be
required. The request for an advance deposit shall extend an offer to
the requester to consult with Agency personnel in order to reformulate
the request in a manner that will reduce the fee, yet still meet the
needs of the requester.
(d) In instances where the Agency has requested an advance deposit,
the date of receipt of the deposit will be considered as the request
date which begins the period of response by the Agency.
(e) Receipt of a request for Agency records will be determined by
the time and date the request is received.
(f) Where an obvious delay in receipt of a request has occurred,
such as in cases where the requester has failed to address the request
properly, or where a delay has been caused in the mails, the Agency
will dispatch to the requester an acknowldgement of the receipt of the
request.
Sec. 602.17 Time extensions.
(a) In unusual circumstances, the time limit for an initial or
final determination may be extended, but not to exceed a total of ten
working days in the aggregate in the processing of any specific request
for an Agency record.
(b) ``Unusual circumstances'' means, but only to the extent
reasonably necessary to the proper processing of the particular case:
(1) The need to search for and collect the requested records from
other establishments that are physically separate from ACDA
headquarters;
(2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded
in a single request; or
(3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request.
Sec. 602.18 Inability to comply with requests.
(a) When a request cannot be fulfilled, the requester will be so
informed with reasons, and any fees returned after deduction of
applicable search costs. Such reasons may include, but are not limited
to the following:
(1) Insufficient or vague identifying information which makes
identification or location of the record impossible;
(2) No such record in existence;
(3) Record available for purchase from the Government Printing
Office or elsewhere; or
(4) Records destroyed pursuant to the Records Disposal Act.
(b) Inability to comply with requests shall be processed the same
as denials of records, i.e., notification to the requester shall be in
writing, shall set forth the reasons therefor, shall be signed by the
name and title of the FOIA Officer, and shall include an explanation of
the requester's right to appeal, including the address to which an
appeal may be directed.
Sec. 602.19 Predisclosure notification for confidential commercial
information.
(a) When notification is required. If a request under the FOIA
seeks a record that contains information submitted by a person or
entity outside the Federal government that arguably is exempt from
disclosure under exemption 4 of the FOIA because disclosure could
reasonably be expected to cause substantial competitive harm, the
Agency shall notify the submitter that such a request has been made
whenever:
(1) The submitter has made a good faith designation of information,
less than ten years old, as confidential commercial or financial
information, or
(2) The Agency has reason to believe that disclosure of the
information could reasonably be expected to cause substantial
competitive harm.
(b) Notification to submitter. The notice to the submitter shall
either describe the exact nature of the business information requested
or provide copies of the records or portions of records containing the
information. The notice shall afford the submitter a reasonable period
of time, based on the amount and/or complexity of the information,
within which to object to disclosure.
(c) Objection by submitter. Any objection by a submitter to
disclosure must be made in writing and sent to: FOIA Officer, U.S. Arms
Control and Disarmament Agency, 320 21st Street, N.W., Washington, DC
20451. It should identify the portion(s) of the information to which
disclosure is objected, and should include a detailed statement of all
claimed grounds for withholding any of the information under the FOIA
and, in the case of exemption 4, an explanation of why the information
constitutes a trade secret or commercial or financial information that
is privileged and confidential, including a specification of any claim
of competitive or other business harm that would result from
disclosure.
(d) Notification to requester. The Agency shall notify the
requester in writing when any notification to a submitter is made
pursuant to paragraph (a) of this section.
(e) When notification is not required. Notification to a submitter
is not required if:
(1) The Agency determines that the information requested should not
be disclosed;
(2) Disclosure is required by statute (other than FOIA) or by
regulation; or
[[Page 27034]]
(3) The information has previously been lawfully published or
officially made available to the public.
(f) Notice of intent to disclose. If the Agency determines that
despite the objection of the submitter the requested information should
be disclosed, in whole or in part, it shall notify both the requester
and the submitter of the decision and shall provide to the submitter in
writing:
(1) A brief explanation of why the submitter's objections were not
sustained;
(2) A description of the information to be disclosed; and
(3) A specified disclosure date that provides a reasonable period
of time between receipt of the notice and the disclosure date.
(g) Notice of lawsuit. (1) Whenever a requester brings legal action
to compel disclosure of information covered by paragraph (a) of this
section, the Agency shall promptly notify the submitter in writing.
(2) Whenever a submitter brings legal action to prevent disclosure
of information covered by paragraph (a) of this section, the Agency
shall promptly notify the requester in writing.
Subpart C--Fees
Sec. 620.20 Fees for records search, review, copying, certification,
and related services.
The fees for search, review, and copying services for Agency
records under the FOIA or the Privacy Act are as follows:
(a) When documents are requested for commercial use, requesters
will be assessed the full direct costs for searching for, reviewing for
release, and copying the records sought. A ``commercial use'' request
refers to a request from or on behalf of one who seeks information for
a use or purpose that furthers the commercial, trade, or profit
interests of the requester or the person on whose behalf the request is
made.
(b) Requesters from educational and noncommercial scientific
institutions will be assessed only copying costs.
(c) Requesters who are representatives of the news media (persons
actively gathering news for an entity that is organized and operated to
publish or broadcast news to the public) will be assessed only copying
costs.
(d) All other requesters will be assessed fees which recover the
full and reasonable direct cost of searching for, reviewing for
release, and copying records that are responsive to the request.
(e) Requesters from educational and noncommercial scientific
institutions, representatives of the news media, and all other
noncommercial users, will not be assessed for the first 100 pages of
copying or the first two hours of search time. Commercial use
requesters will not be entitled to these free services.
(f) The search and review hourly fees will be based upon employee
grade levels in order to recoup the full, allowable direct costs
attributable to their performance of these functions.
(g) The fee for paper copy reproduction will be $.20 per page.
(h) The fee for duplication of computer tape or printout
reproduction or other reproduction (e.g., microfiche) will be the
actual cost, including operator time.
(i) If the cost of collecting any fee would be equal to or greater
than the fee itself, it will not be assessed.
(j) A fee may be charged for searches that are not productive and
for searches for records or parts of records that subsequently are
determined to be exempt from disclosure.
(k) Interest charges may be assessed on any unpaid bill starting on
the 31st day following the day on which the billing was sent, at the
rate prescribed in 31 U.S.C. 3717 and will accrue from the date of
billing. The Debt Collection Act, including disclosure to consumer
reporting agencies and the use of collection agencies, will be utilized
to encourage payment where appropriate.
(l) If search charges are likely to exceed $25.00, the requester
will be notified of the estimated fees unless the requester's
willingness to pay whatever fee is assessed has been provided in
advance.
(m) An advance payment (before work is commenced or continued on a
request) may be required if the charges are likely to exceed $250.00.
Requesters who have previously failed to pay a fee in a timely fashion
(i.e., within 30 days of the date of billing) may be required to pay
this amount plus any applicable interest (or demonstrate that the fee
has been paid) and then make an advance payment of the full amount of
the estimated fee before the new or pending request is processed.
Sec. 602.21 Waiver or reduction of fees.
Documents shall be furnished without any charge or at a charge
reduced below the fees set forth in Sec. 602.20 if disclosure of the
information is in the public interest because it is likely to
contribute significantly to public understanding of the operations or
activities of the government and is not primarily in the commercial
interest of the requester. The following six factors will be employed
in determining when such fees shall be waived or reduced:
(a) The subject of the request: Whether the subject of the
requested records concerns ``the operations or activities of the
government;''
(b) The informative value of the information to be disclosed:
Whether the disclosure is ``likely to contribute'' to an understanding
of government operations or activities;
(c) The contribution to an understanding of the subject by the
general public likely to result from disclosure: Whether disclosure of
the information will contribute to the ``public understanding;''
(d) The significance of the contribution to public understanding:
Whether the disclosure is likely to contribute ``significantly'' to
public understanding of government operations or activities;
(e) The existence and magnitude of a commercial interest: Whether
the requester has a commercial interest that would be furthered by the
requested disclosure; and, if so
(f) The primary interest in disclosure: Whether the magnitude of
the identified commercial interest of the requester is sufficiently
large, in comparison with the public interest in disclosure, that
disclosure is ``primarily in the commercial interest of the
requester.''
Sec. 602.22 [Reserved]
Sec. 602.23 GPO and free publications.
(a) The index of records available in the Agency's Office of Public
Affairs will list the sales offices of records published by the
Government Printing Office (GPO). The Agency will refer each requester
to the appropriate sales office and refund any fee payments
accompanying the request. Published records out of print at the GPO may
be copied by the Agency for the requester at the requester's expense in
accordance with the fee schedule established for copying service. In
some instances the Agency may have extra copies of out of print GPO
records. These extra copies will be provided to requesters at the
printed GPO price.
(b) The Agency makes some publications or records available to the
public without charge. These regulations neither change that practice
nor require payment of a fee by a requester unless the original stock
has been exhausted and copying services are necessary to satisfy a
request.
Sec. 602.24 Method of payment.
(a) Payment may be in the form of cash, a personal check or bank
draft drawn on a bank in the United States, or a postal money order.
Remittances shall be made payable to the Treasury
[[Page 27035]]
of the United States and mailed or delivered to the FOIA Officer, U.S.
Arms Control and Disarmament Agency, 320 21st Street, N.W., Washington,
DC 20451. Cash should not be sent by mail.
(b) A receipt for fees paid will be given upon request.
Subpart D--Denials of Records
Sec. 602.30 Denials.
(a) Requests for inspection or copies of records may be denied
where the information or record is exempt from disclosure for reasons
stated in Sec. 602.31.
(b) Denials shall be in writing, shall set forth the reasons
therefor, shall be signed by the FOIA Officer and shall include an
explanation of the requester's right to appeal, including the address
to which an appeal may be directed.
Sec. 602.31 Exemptions.
The requirements of this part to make Agency records available do
not apply to matters that are:
(a) Specifically authorized under criteria established by an
Executive Order to be kept secret in the interest of national defense
or foreign policy and are in fact properly classified pursuant to such
Executive Order;
(b) Related solely to the internal personnel rules and practices of
the Agency;
(c) Specifically exempted from disclosure by statute;
(d) Trade secrets and commercial or financial information obtained
from a person and privileged or confidential;
(e) Inter-agency or intra-agency memoranda or letters that would
not be available by law to a private party in litigation with the
Agency;
(f) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy;
(g) Records or information compiled for law enforcement purposes,
but only to the extent that the production of such law enforcement
records or information:
(1) Could reasonably be expected to interfere with enforcement
proceedings;
(2) Would deprive a person of a right to a fair trial or impartial
adjudication;
(3) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;
(4) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local or foreign agency or
authority or any private institution that furnished information on a
confidential basis, and, in the case of a record or information
compiled by a criminal law enforcement authority in the course of a
criminal investigation, or by an agency conducting a lawful national
security intelligence investigation, information furnished by a
confidential source;
(5) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law; or
(6) Could reasonably be expected to endanger the life or physical
safety of any individual.
(h) Contained in or related to examination, operating or condition
reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial
institutions; or
(i) Geological and geophysical information and data, including
maps, concerning wells.
Subpart E--Review of Denials of Record
Sec. 602.40 Procedure for appealing initial determinations to withhold
records.
(a) A member of the public who has requested an Agency record in
accordance with subpart B of this part and who has received an initial
determination that does not comply fully with the request, may appeal
such a determination.
(b) The appeal shall:
(1) Be in writing;
(2) Be initiated within 30 working days of the initial
determination denying the request;
(3) Include a copy of the initial written request, a copy of the
letter of denial, and the requester's reasons for appealing the denial;
and
(4) Be addressed to the Deputy Director, U.S. Arms Control and
Disarmament Agency, 320 21st Street, N.W., Washington, DC 20451.
(c) The 30-day period for appealing a denial begins on the date of
the denial letter. The 30-day limitation may be waived by the Agency
for good cause shown. The Agency will consider any request closed if,
within 30 working days after a complete or partial denial, the
requester fails to appeal the denial.
Sec. 602.41 Decision on appeal.
(a) Review and final determination on an appeal shall be made by
the Deputy Director.
(b) [Reserved]
(c) Review of an appeal shall be made on the submitted record. No
personal appearance, oral argument, or hearing shall be permitted.
(d) The final determination on an appeal from a denial shall be
made by the Deputy Director within 20 working days of receipt of the
appeal by the Agency.
(e) If the final determination is to release the withheld material,
the requester will be notified immediately and the material will be
forwarded promptly in accordance with the procedure described in
Sec. 602.16 for notifications of initial determinations.
(f) If the final determination is to continue to withhold material
in whole or in part, the requester will be notified immediately of the
determination, the reasons therefor, and the right to judicial review.
(g) All decisions will be indexed and available for inspection and
copying in the same manner as other Agency final orders and opinions,
if any, under 5 U.S.C. 552(a)(2).
Subpart F--Annual Report to the Congress
Sec. 602.50 Requirements for annual report.
(a) On or before March 1 of each calendar year, ACDA shall submit a
report covering the preceding calendar year to the Speaker of the House
of Representatives and the President of the Senate for referral to the
appropriate committees of the Congress. The report shall include the
following information:
(1) The number of determinations made by ACDA not to comply with
requests for records made to the Agency under this part and the reasons
for each such determination;
(2) The number of appeals made by persons under subpart E of this
part, the result of such appeals, and the reason for the action upon
each appeal that results in a denial of information;
(3) The names and titles or positions of each person responsible
for the denial of records requested under this part, and the number of
instances of participation for each;
(4) The results of each proceeding conducted pursuant to 5 U.S.C.
552(a)(4)(F), including a report of the disciplinary action taken
against the officer or employee who was primarily responsible for
improperly withholding records or an explanation of why disciplinary
actions was not taken;
(5) A copy of this part 602 and any other rule or regulation made
by ACDA regarding 5 U.S.C. 552;
(6) A copy of the fee schedule and the total amount of fees
collected by ACDA for making records available under this part; and
(7) Such other information as indicates efforts to administer fully
this part.
(b) The FOIA Office will be responsible for preparing the report
for review and submission to the Congress.
[[Page 27036]]
Dated: May 20, 1996.
Mary Elizabeth Hoinkes,
General Counsel.
[FR Doc. 96-13469 Filed 5-29-96; 8:45 am]
BILLING CODE 6820-32-M
Complete official Federal Register PDF
FR Doc. 96-13452 Pacific Offshore Fisheries Take Reduction Plan; Public Meeting
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27042-27043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13452]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[I.D. 051396B]
Pacific Offshore Fisheries Take Reduction Plan; Public Meeting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Public scoping meeting; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces its intention to prepare an Environmental
Impact Statement (EIS) or Environmental Assessment (EA) for anticipated
proposed rulemaking under the Take Reduction Plan (TRP) provisions of
the Marine Mammal Protection Act (MMPA). A draft TRP will be developed
by the Pacific Offshore Cetacean Take Reduction Team (TRT) and will be
forwarded to NMFS by August 12, 1996. NMFS then has 60 days to publish
a proposed TRP, along with any proposed implementing regulations, as
necessary.
DATES: The scoping meeting will be held on June 25, 1996 at 7 p.m.
until 10 p.m. Written comments on the scope of the EIS must be
submitted on or before August 12, 1996.
ADDRESSES: The scoping meeting will be held at the JAMS/Endispute
offices in the Santa Monica Business Park, 3340 Ocean Park Boulevard,
Suite 1050, Santa Monica, CA 90405. Scoping comments, requests for
additional information, and requests for special
[[Page 27043]]
accomodations should be sent to Irma Lagomarsino, National Marine
Fisheries Service, Southwest Regional Office, 501 West Ocean Boulevard,
Suite 4200, Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Irma Lagomarsino, (310) 980-4016, fax
(310) 980-4047, or Victoria Cornish, (301) 713-2322, fax (301) 713-
0376.
SUPPLEMENTARY INFORMATION: Section 118(f) of the MMPA requires NMFS to
develop and implement a TRP designed to assist in the recovery or
prevent the depletion of each strategic marine mammal stock(s) that
interacts with certain fisheries. The immediate goal of a TRP is to
reduce, within 6 months of its implementation, the incidental mortality
or serious injury of strategic marine mammal stocks incidentally taken
in the course of commercial fishing to levels less than the Potential
Biological Removal level, or PBR, established for that stock. The long-
term goal of the plan is to reduce, within 5 years of its
implementation, the incidental mortality or serious injury of marine
mammals incidentally taken in the course of commercial fishing to
insignificant levels approaching a zero mortality and serious injury
rate, taking into account the economics of the fishery, the
availability of existing technology, and existing state or regional
fishery management plans.
Each TRP shall include a review of the information in the final
stock assessment published under section 117(b) and any new
information, an estimate of the total number and, if possible, age and
gender of animals from the stock that are being incidentally lethally
taken or seriously injured each year during the course of commercial
fishing operations, recommended regulatory or voluntary measures for
the reduction of incidental mortality and serious injury, and
recommended dates for achieving the specific objectives of the plan.
In accordance with section 118(f)(6)(A), NMFS established the
Pacific Offshore Cetacean TRT for the California/Oregon thresher shark
and swordfish drift gillnet fishery on February 12, 1996 (61 FR 5385).
This fishery interacts with several strategic marine mammal stocks
including: Mesoplodont sp. beaked whales, Baird's beaked whale,
Cuvier's beaked whale, the sperm whale, the humpback whale, the pygmy
sperm whale, and the short-finned pilot whale. These stocks are
considered strategic under the MMPA, because they are either listed as
an endangered or threatened species under the Endangered Species Act,
or the levels of human-caused mortality are greater than their PBR
levels.
The purpose of the scoping meeting is to receive comments in
anticipation of an EIS or EA that may be prepared for the final TRP and
any regulations that may be necessary to implement TRP provisions. Any
EIS or EA prepared would examine the environmental impacts of
management alternatives considered in the TRP to reduce the incidental
mortality and serious injury of marine mammals in this fishery as well
as assessing, based on currently available information, the impacts of
the TRP and implementing regulations on the human environment, marine
mammals, and other protected species.
The scoping meeting is scheduled to coincide with the first day of
the last meeting of the TRT on June 25-27, 1996. All interested parties
are encouraged to attend. The scoping meeting will include a short
presentation from NMFS staff outlining the TRP process and options that
are being considered and will allow a minimum of 2 1/2 hours for public
comment. NMFS is also requesting written comments to be submitted by
mail or by fax, until August 12, 1996, and background materials are
available (see ADDRESSES). The meeting is open to the public and is
physically accessible to people with disabilities. Requests for sign
language interpretation or other auxiliary aids should be directed to
Irma Lagomarsino at (310) 980-4016 by June 20, 1996.
Dated: May 22, 1996.
Patricia Montanio,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 96-13452 Filed 5-29-96; 8:45 am]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 96-13434 Hazardous Waste Combustors; Revised Standards; Proposed Rule Notice of Extension of Comment Period
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27038-27039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13434]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 63, 260, 261, 264, 265, 266, 270 and 271
[FRL-5511-7]
Hazardous Waste Combustors; Revised Standards; Proposed Rule--
Notice of Extension of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule: notice of extension of comment period.
-----------------------------------------------------------------------
SUMMARY: Since publication of the proposed rule for hazardous waste
combustors (61 FR 17358 (April 19, 1996)), EPA has received several
requests to extend the comment period given the complexity of the
proposed rulemaking. Accordingly, the Agency is extending the comment
period 60 days to August 19, 1996.
DATES: Comment period is extended from June 18, 1996 to August 19,
1996.
ADDRESSES: Commenters must send an original and two copies of their
comments referencing Docket Number F-96-RCSP-FFFFF to: RCRA Docket
Information Center, Office of Solid Waste (5305W), U.S. Environmental
Protection Agency Headquarters (EPA, HQ), 401 M Street, SW.,
Washington, DC 20460. For other information regarding submitting
comments electronically, viewing the comments
[[Page 27039]]
received and supporting information, please refer to the proposed rule
(61 FR 17358 (April 19, 1996)). The RCRA Information Center is located
at Crystal Gateway One, 1235 Jefferson Davis Highway, First Floor,
Arlington Virginia and is open for public inspection and copying of
supporting information for RCRA rules from 9 am to 4 pm Monday through
Friday, except for Federal holidays. The public must make an
appointment to view docket materials by calling (703) 603-9230. The
public may copy a maximum of 100 pages from any regulatory document at
no cost. Additional copies cost $0.15 per page.
FOR FURTHER INFORMATION: For general information, call the RCRA Hotline
at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired). Callers
within the Washington, Metropolitan Area must dial 703-412-9810 or TDD
703-412-3323 (hearing impaired). The RCRA Hotline is open Monday-
Friday, 9 a.m. to 6 p.m., Eastern Standard Time. For other information
on this notice, contact Larry Denyer (5302W), Office of Solid Waste,
401 M Street, S.W., Washington, DC 20460, phone (703) 308-8770.
SUPPLEMENTARY INFORMATION: On April 19, 1996, EPA proposed revised
standards for hazardous waste combustors (i.e., incinerators and cement
and lightweight aggregate kilns that burn hazardous waste). See 61 FR
17358. The Agency established a 60-day comment period and indicated
that comments on the proposal would be accepted until June 18, 1996.
EPA has received written requests to extend the comment period from
Dow Chemical Company, Cadence Environmental Energy, Inc., the
Department of Energy, and Congressman Harold Volkmer. In addition, the
Agency has received numerous verbal requests for a time extension from
stakeholders that are members of the Coalition of Responsible Waste
Incineration (CRWI), the Cement Kiln Recycling Coalition (CKRC), and
the Chemical Manufacturers Association. The additional time requested
ranged from 30 to 120 days.
As justification for a time extension, stakeholders noted: (1) The
size of the Notice of Proposed Rulemaking (i.e., 178 Federal Register
pages plus nine major technical support documents); (2) the complexity
of the proposal introduced by using joint Resource Conservation and
Recovery Act (RCRA) and Clean Air Act (CAA) authority to promulgate the
rule (e.g., raising issues pertaining to coordination of RCRA and CAA
permits and enforcement authorities); (3) the comprehensive, state-of-
the-art, and complicated compliance procedures; (4) the significant
revisions proposed to existing RCRA rules; and (5) some of the
background materials needed for review have been placed in the docket
only recently.
The Agency agrees that a 60-day comment period may not be adequate
to allow stakeholders time to review the provisions of the rulemaking
and to formulate comments and recommendations for the Agency's
consideration in developing the final rule. Accordingly, the Agency is
extending the comment period 60 days to August 19, 1996 to provide for
a 120-day comment period.
Dated: May 20, 1996.
Timothy Fields, Jr.,
Acting Assistant Administrator, Office of Solid Waste and Emergency
Response.
[FR Doc. 96-13434 Filed 5-29-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-13297 Available Unit Rule
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Pages 27036-27038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13297]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[PS-29-95]
RIN 1545-AT60
Available Unit Rule
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking and notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: This document contains proposed regulations concerning the
low-income housing credit. The proposed regulations provide rules for
determining the treatment of low-income housing units in a building
that are occupied by individuals whose incomes increase above 140
percent of the income limitation applicable under section 42(g)(1). The
proposed regulations affect owners of those buildings. This document
also provides notice of public hearing on these proposed regulations.
DATES: Written comments and outlines of topics to be discussed at the
public hearing scheduled for September 17, 1996, must be received by
August 28, 1996.
ADDRESSES: Send submissions to: CC:DOM:CORP:R (PS-29-95), 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-29-95), Courier's
Desk, Internal Revenue Service, 1111 Constitution Avenue NW.,
Washington, DC. The public hearing will be held in the NYU Classroom,
room 2615, Internal Revenue Building, 1111 Constitution Avenue, NW.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Concerning the regulations, David
Selig, (202) 622-3040; concerning submissions and the hearing,
Christina Vasquez, (202) 622-7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
This document contains proposed amendments to the Income Tax
Regulations (26 CFR Part 1) under section 42. These amendments are
proposed to provide guidance under section 42(g)(2)(D), as amended by
section 7108(e)(1) of the Omnibus Budget and Reconciliation Act of
1989, and section 11701(a)(3)(A) and (a)(4) of the Omnibus Budget and
Reconciliation Act of 1990. Section 42(g)(2)(D) provides rules for
determining the treatment of low-income housing units that are occupied
by individuals whose incomes rise above the income limitation
applicable under section 42(g)(1).
The general rule in section 42(g)(2)(D)(i) provides that if the
income of an occupant of a low-income unit increases above the income
limitation applicable under section 42(g)(1), the unit continues to be
treated as a low-income unit. This general rule only applies if the
occupant's income initially met the income limitation and the unit
continues to be rent-restricted. Section 42(g)(2)(D)(ii), however,
provides an exception to the general rule in section 42(g)(2)(D)(i).
The unit ceases being treated as a low-income unit when two conditions
occur. The first condition is that the occupant's income increases
above 140 percent of the income limitation applicable under section
42(g)(1), or above 170 percent for a deep rent-skewed project described
in section 142(d)(4)(B) (applicable income limitation). When this
occurs, the unit becomes an over-income unit. The second condition is
that a new resident, whose income exceeds the applicable income
limitation (nonqualified resident), occupies any residential unit in
the building of a comparable or smaller size (comparable unit).
Explanation of Provisions
All Available Units Must Be Rented to Qualified Residents
The heading of section 42(g)(2)(D)(ii) indicates that the next
available unit must be rented to a low-income tenant to maintain the
low-income status of an over-income unit. Although the heading of
section 42(g)(2)(D)(ii) refers to the next available unit, the body of
section 42(g)(2)(D)(ii) clarifies that if any available comparable unit
is occupied by a nonqualified resident, the over-income unit ceases to
be treated as a low-income unit. Therefore, all available comparable
units in the building, not only the next available unit, must be rented
to qualified residents to maintain the low-income status of the over-
income unit.
A Current Resident May Move Within the Same Low-Income Building
The proposed regulations define a qualified resident under the
available unit rule as any person whose income does not exceed the
applicable income limitation or any current resident, regardless of the
income level of the current resident. Thus, a current resident may move
to a different unit in the same low-income building without causing a
violation of the available unit rule even if the current resident's
income exceeds the applicable income limitation. When a current
resident moves to a different unit within the same low-income building,
the new unit adopts the status of the vacated unit.
Rule Applies to Each Building Separately
The rules of section 42 generally apply on a building-by-building
basis. For example, the amount of credit allowable under section 42(a)
is determined for each building in a qualified low-income housing
project. The recapture of credit under section 42(j) is determined by
examining the qualified basis of each building. In addition, section
42(g)(2)(D)(ii) uses the phrase ``any residential rental unit in the
building'' to identify residential rental units that must be rented to
qualified residents to preserve the low-income status of an over-income
unit. The proposed regulations provide, therefore, that in a project
containing more than one low-income building, the available unit rule
applies separately to each building.
Effect of Violation of Available Unit Rule
The proposed regulations further provide that all over-income units
in the building lose their status as low-income units if an owner
violates the available unit rule. A violation of the rule occurs when a
building has one or more over-income units and the owner of the
building rents an available comparable unit in the building to a
nonqualified resident.
Over-Income Unit Counts Toward Minimum Set-Aside Requirement
The proposed regulations also clarify whether an over-income unit
counts towards satisfying the applicable minimum set-aside requirement
of section 42(g)(1). The available unit rule provides that an over-
income unit maintains its status as a low-income unit as long as the
owner does not rent an available comparable unit to a nonqualified
resident. Section 42(i)(3), which defines a low-income unit, and
section 42(g)(2)(D), which contains rules
[[Page 27037]]
for increases in the income of existing low-income tenants, work
together to treat an over-income unit as a low-income unit when
determining whether a project satisfies the applicable minimum set-
aside requirement. This treatment helps diminish any incentive a
project owner may have to evict from a rent-restricted unit those
tenants who originally qualified as low-income tenants. See 2 H.R.
Conf. Rep. No. 841, 99th Cong., 2d Sess. II-97 (1986), 1986-3 (Vol. 4)
C.B. 97. Therefore, the proposed regulations provide that an over-
income unit may continue to be included in the numerator and the
denominator of the ratio used to determine whether a project satisfies
the applicable minimum set-aside requirement of section 42(g)(1).
Relationship to Tax-Exempt Bond Provisions
Financing arrangements using obligations that purport to be exempt
facility bonds under section 142 must meet the requirements of sections
103 and 141 through 150 for interest on the obligations to be excluded
from gross income under section 103(a). The requirements under section
142(d) may differ from those under section 42. For example, section
142(d)(1) is applied on a project rather than on a building-by-building
basis. The rules set forth in these proposed regulations are not
intended as an interpretation of the applicable rules under section
142.
The rules contained in the proposed regulations are proposed to be
effective on the date final regulations are published 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 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 September 17, 1996, at 10
a.m. in the NYU Classroom, room 2615, 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 and outlines of topics to be discussed and the
time devoted to each topic (signed original and eight (8) copies by
August 28, 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 David Selig, Office of the 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 is amended by adding
a new citation in numerical order to read as follows:
Authority: 26 U.S.C. 7805 * * *
Section 1.42-15 is also issued under 26 U.S.C. 42(n). * * *
Par. 2. Section 1.42-15 is added to read as follows:
Sec. 1.42-15 Available unit rule.
(a) Definitions. The following definitions apply to this section:
Applicable income limitation means the limitation applicable under
section 42(g)(1) or, for deep rent-skewed projects described in section
142(d)(4)(B), 40 percent of area median gross income.
Available unit rule means the rule in section 42(g)(2)(D)(ii).
Comparable unit means a residential unit in a low-income building
that is comparably sized or smaller than an over-income unit or, for
deep rent-skewed projects described in section 142(d)(4)(B), any low-
income unit.
Low-income resident means a person whose income does not exceed the
applicable income limitation.
Low-income unit is defined by section 42(i)(3)(A).
New resident means a person who currently is not living in the low-
income building.
Nonqualified resident means a new resident whose income exceeds the
applicable income limitation.
Over-income unit means a low-income unit in which the income of the
occupants of the unit increases above 140 percent of the applicable
income limitation under section 42(g)(1), or above 170 percent of the
applicable income limitation for deep rent-skewed projects described in
section 142(d)(4)(B).
Qualified resident means a low-income resident or a current
resident.
(b) General section 42(g)(2)(D)(i) rule. Except as provided in
paragraph (c) of this section, notwithstanding an increase in the
income of the occupants of a low-income unit above the applicable
income limitation, if the income of the occupants initially met the
applicable income limitation, and the unit continues to be rent-
restricted----
(1) The unit continues to be treated as a low-income unit; and
(2) The unit continues to be included in the numerator and the
denominator of the ratio used to determine whether a project satisfies
the applicable minimum set-aside requirement of section 42(g)(1).
(c) Exception. A unit ceases to be treated as a low-income unit if
it becomes an over-income unit and a nonqualified resident occupies any
comparable unit that is available or that subsequently becomes
available in the same low-income building. Thus, to continue treating
the over-income unit as a low-income unit, the owner of a low-income
building must rent to qualified residents all comparable units that are
available or that subsequently become available in the same building.
(d) Effect of current resident moving within building. When a
current resident moves to a different unit within the building, the
newly occupied unit adopts the status of the vacated unit. Thus, if a
current resident, whose income exceeds the applicable income
limitation, moves from an over-income unit to a vacant unit in the same
building, the newly occupied unit is treated as an over-income unit.
[[Page 27038]]
(e) Buildings accounted for separately. In a project containing
more than one low-income building, the available unit rule applies
separately to each building.
(f) Result of violation of available unit rule. If any comparable
unit that subsequently becomes available is rented to a nonqualified
resident, all over-income units within the same building lose their
status as low-income units.
(g) Examples. The following examples illustrate this section.
Example 1. This example illustrates a violation of the available
unit rule in a low-income building containing three over-income
units. On January 1, 1997, a qualified low-income housing project,
consisting of one building containing ten identically sized
residential units, received a housing credit dollar amount
allocation from a state housing credit agency for five low-income
units. To avoid recapture of credit, the Project owner must maintain
five of the units as low-income units. The project satisfied the
minimum set-aside requirement of section 42(g)(1)(B). Units 1, 2, 3,
4, and 5 were occupied by individuals whose incomes did not exceed
the income limitation applicable under section 42(g)(1) (low-income
residents). Units 6, 7, 8, and 9 were occupied by market-rate
tenants. Unit 10 was vacant. On November 21, 1997, the annual
incomes of the individuals in Units 1, 2, and 3 increased above 140
percent of the income limitation applicable under section 42(g)(1),
causing those units to become over-income units. On November 30,
1997, Units 8 and 9 became vacant. On December 1, 1997, the project
owner rented Units 8 and 9 to qualified residents at rates meeting
the rent restriction requirements of section 42(g)(2). On December
31, 1997, the Project owner rented Unit 10 to a market-rate tenant.
Because Unit 10, an available comparable unit, was leased to a
market-rate tenant, Units 1, 2, and 3 ceased to be treated as low-
income units. On that date, Units 4, 5, 8, and 9 were the only
remaining low-income units. Because the Project owner did not
maintain five of the residential units as low-income units, the
qualified basis in the building is reduced, and credit must be
recaptured. If the project owner had rented Unit 10 to a qualified
resident, eight of the units would be low-income units. Units 1, 2,
and 3, the over-income units, could then be rented to market-rate
tenants because the building would still contain five low-income
units.
Example 2. This example illustrates the provisions of paragraph
(d) of this section. A low-income project consists of one six-floor
building. The residential units in the building are identically
sized. The building contains two over-income units on the sixth
floor and two vacant units on the first floor. The project owner,
desiring to maintain the over-income units as low-income units,
wants to rent the available units to qualified residents. J, a
resident of one of the over-income units, wishes to occupy a unit on
the first floor. J's income has recently increased above the
applicable income limitation. The project owner permits J to move
into one of the units on the first floor. Despite the increase in
J's income, J is a qualified resident under the available unit rule
because J is a current resident of the building. The unit occupied
by J becomes an over-income unit under the available unit rule. The
over-income units in the building continue to be treated as low-
income units.
(h) Effective date. This section is effective on the date final
regulations are published in the Federal Register.
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 96-13297 Filed 5-29-96; 8:45 am]
BILLING CODE [4830-01-U]
Complete official Federal Register PDF
FR Doc. 96-12889 Approval and Promulgation of State Implementation Plans: Idaho
[Federal Register Volume 61, Number 105 (Thursday, May 30, 1996)]
[Proposed Rules]
[Page 27038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12889]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ID1-1-5528b; FRL-5449-3]
Approval and Promulgation of State Implementation Plans: Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA proposes to approve the State Implementation Plan
(SIP) revision submitted by the State of Idaho for the purpose of
bringing about attainment of the National Ambient Air Quality Standard
(NAAQS) for particulate matter with an aerodynamic diameter less than
or equal to 10 micrometers (PM10) in the Northern Ada County
PM10 nonattainment area. In the Final Rules Section of this
Federal Register, the EPA is approving the State's SIP revision as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial revision amendment and anticipates no adverse
comments. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this proposed rule, no further activity is contemplated in relation to
this rule. If the EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. The EPA will not
institute a second comment period on this action.
DATES: Comments on this proposed rule must be received in writing by
July 1, 1996.
ADDRESSES: Written comments should be addressed to Montel Livingston,
Environmental Protection Specialist (OAQ-107), Office of Air Quality,
at the EPA Regional Office listed below. Copies of the documents
relevant to this proposed rule are available for public inspection
during normal business hours at the following locations. The interested
persons wanting to examine these documents should make an appointment
with the appropriate office at least 24 hours before the visiting day.
U.S. Environmental Protection Agency, Region 10, Office of Air
Quality, 1200 6th Avenue, Seattle, WA 98101.
The State of Idaho, Division of Environmental Quality, 1410 North
Hilton, Boise, Idaho 83720.
FOR FURTHER INFORMATION CONTACT: Doug Cole, EPA, Region 10, Idaho
Operations Office, 1435 North Orchard, Boise, Idaho 83706, (206) 334-
9555.
SUPPLEMENTARY INFORMATION:
See the information provided in the Direct Final action which is
located in the Rules Section of this Federal Register.
Dated: March 20, 1996.
Chuck Clarke,
Regional Administrator.
[FR Doc. 96-12889 Filed 5-29-96; 8:45 am]
BILLING CODE 6560-50-P
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