Federal Register proposed rules — 1996-07-22

issue-1996-07-22Federal Register proposed rules — 1996-07-22Proposed Regulation

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FR Doc. 96-18548 Special Conditions: deHavilland DHC-8-400 Airplane; High- Intensity Radiated Fields
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37844-37845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18548]

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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.

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

Federal Register / Vol. 61, No. 141 / Monday, July 22, 1996 / 
Proposed Rules

[[Page 37844]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM-128; Notice No. SC-96-3-NM]

Special Conditions: deHavilland DHC-8-400 Airplane; High-
Intensity Radiated Fields

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This notice proposes special conditions for the deHavilland 
DHC-8-400 airplane. This airplane will utilize new avionics/electronic 
systems that provide critical data to the flightcrew. The applicable 
regulations do not contain adequate or appropriate safety standards for 
the protection of these systems from the effects of high-intensity 
radiated fields. These proposed special conditions contain the 
additional safety standards that the Administrator considers necessary 
to establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: Comments must be received on or before September 5, 1996.

ADDRESSES: Comments on this proposal may be mailed in duplicate to: 
Federal Aviation Administration, Office of the Assistant Chief Counsel, 
Attn: Rules Docket (ANM-7), Docket No. NM-128, 1601 Lind Avenue SW., 
Renton, Washington, 98055-4056; or delivered in duplicate to the Office 
of the Assistant Chief Counsel at the above address. Comments must be 
marked: Docket No. NM-128. Comments may be inspected in the Rules 
Docket weekdays, except Federal holidays, between 7:30 a.m. and 4:00 
p.m.

FOR FURTHER INFORMATION CONTACT:
Phil Forde, FAA, Standardization Branch, ANM-113, Transport Airplane 
Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., 
Renton, Washington, 98055-4056, telephone (206) 227-2146 or facsimile 
(206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of 
these proposed special conditions by submitting such written data, 
views, or arguments as they may desire. Communications should identify 
the regulatory docket or notice number and be submitted in duplicate to 
the address specified above. All communications received on or before 
the closing date for comments will be considered by the Administrator 
before further rulemaking action on this proposal is taken. The 
proposals contained in this notice may be changed in light of the 
comments received. All comments received will be available, both before 
and after the closing date for comments, in the Rules Docket for 
examination by interested parties. A report summarizing each 
substantive public contact with FAA personnel concerning this 
rulemaking will be filed in the docket. Commenters wishing the FAA to 
acknowledge receipt of their comments submitted in response to this 
notice must include a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. NM-128.'' The 
postcard will be dated stamped and returned to the commenter.

Background

    On January 31, 1995, the de Havilland Aircraft Company of Canada, 
Garratt Boulevard, Downsview, Ontario M3K1Y5, applied for an amendment 
to their Type Certificate No. A13NM to include their new model Dash 8 
Series 400 (DHC-8-400), Model 401/402 airplane, which is a derivative 
of the DHC-8-300. The DHC-8-400 is a high wing, T-tail, twin engine, 
turbopropeller powered regional transport. Each engine will be capable 
of delivering 4830 shaft horsepower. The flight controls are manual, 
except for the tandem rudder which will be hydraulically powered. The 
airplane has a seating capacity of up to 78, and a maximum takeoff 
weight of 62,500 pounds.

Type Certification Basis

    Under the provisions of 14 CFR Sec. 21.101, deHavilland must show 
that the DHC-8-400 meets the applicable provisions of the regulations 
incorporated by reference in Type Certificate No. A13NM, or the 
applicable regulations in effect on the date of application for the 
change to the Model 300. The regulations incorporated by reference in 
the type certificate are commonly referred to as the ``original type 
certification basis.'' The regulations incorporated by reference in 
Type Certificate No. A13NM include part 25, as amended by Amendments 
25-1 through 25-83. In addition to the applicable airworthiness 
regulations and special conditions, the DHC-8-400 must comply with the 
fuel vent and exhaust emission requirements of part 34, effective 
September 10, 1990, plus any amendments in effect at the time of 
certification; and the noise certification requirements of part 36, 
effective December 1, 1969, as amended by Amendment 36-1 through the 
amendment in effect at the time of certification. No exemptions are 
anticipated. The special conditions that may be developed as a result 
of this notice will form an additional part of the type certification 
basis.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., part 25, as amended) do not contain adequate or 
appropriate safety standards for the DHC-8-400 because of a novel or 
unusual design feature, special conditions are prescribed under the 
provisions of Sec. 21.16 to establish a level of safety equivalent to 
that established in the regulations.
    Special conditions, as appropriate, are issued in accordance with 
Sec. 11.49 of the FAR after public notice, as required by Secs. 11.28 
and 11.29(b), and become part of the type certification basis in 
accordance with Sec. 21.101(b)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, the special conditions would also apply to the 
other model under the provisions of Sec. 21.101(a)(1).

Novel or Unusual Design Features

    The DHC-8-400 airplane avionics enhancement will utilize electronic 
systems that perform critical functions,

[[Page 37845]]

including a digital Electronic Flight Instrument System (EFIS), 
attitude and heading reference systems (AHRS), and air data systems 
(ADS). These systems may be vulnerable to high-intensity radiated 
fields (HIRF) external to the airplane.

Discussion

    There is no specific regulation that addresses protection 
requirements for electrical and electronic systems from HIRF. Increased 
power levels from ground based radio transmitters, and the growing use 
of sensitive electrical and electronic systems to command and control 
airplanes, have made it necessary to provide adequate protection.
    To ensure that a level of safety is achieved equivalent to that 
intended by the regulations incorporated by reference, special 
conditions are needed for the DHC-8-400, which require that new 
technology electrical and electronic systems, such as the EFIS, AHRS 
and ADS, be designed and installed to preclude component damage and 
interruption of function due to both the direct and indirect effects of 
HIRF.

High-Intensity Radiated Fields

    With the trend toward increased power levels from ground based 
transmitters, plus the advent of space and satellite communications, 
coupled with electronic command and control of the airplane, the 
immunity of critical digital avionics systems to HIRF must be 
established.
    It is not possible to precisely define the HIRF to which the 
airplane will be exposed in service. There is also uncertainty 
concerning the effectiveness of airframe shielding for HIRF. 
Furthermore, coupling of electromagnetic energy to cockpit-installed 
equipment through the cockpit window apertures is undefined. Based on 
surveys and analysis of existing HIRF emitters, an adequate level of 
protection exists when compliance with the HIRF protection special 
condition is shown with either paragraphs 1 or 2 below:
    1. A minimum threat of 100 volts per meter peak electric field 
strength from 10 KHz to 18 GHz.
    a. The threat must be applied to the system elements and their 
associated wiring harnesses without the benefit of airframe shielding.
    b. Demonstration of this level of protection is established through 
system tests and analysis.
    2. A threat external to the airframe of the following field 
strengths for the frequency ranges indicated.

------------------------------------------------------------------------
                                                    Peak  (V/   Average 
                     Frequency                          M)       (V/M)  
------------------------------------------------------------------------
10 KHz-100 KHz....................................         50         50
100 KHz-500 KHz...................................         60         60
500 KHz-2000 KHz..................................         70         70
2 MHz-30 MHz......................................        200        200
30 MHz-100 MHz....................................         30         30
100 MHz-200 MHz...................................        150         33
200 MHz-400 MHz...................................         70         70
400 MHz-700 MHz...................................      4,020        935
700 MHz-1000 MHz..................................      1,700        170
1 GHz-2 GHz.......................................      5,000        990
2 GHz-4 GHz.......................................      6,680        840
4 GHz-6 GHz.......................................      6,850        310
6 GHz-8 GHz.......................................      3,600        670
8 GHz-12 GHz......................................      3,500      1,270
12 GHz-18 GHz.....................................      3,500        360
18 GHz-40 GHz.....................................      2,100        750
------------------------------------------------------------------------

    As discussed above, these special conditions would be applicable 
initially to the DHC-8-400 airplane. Should de Havilland apply at a 
later date for a change to the type certificate to include another 
incorporating the same novel or unusual design feature, the special 
conditions would apply to that model as well, under the provisions of 
Sec. 21.101(a)(1).

Conclusion

    This action affects certain design features only on the modified 
DHC-8-400 airplane. It is not a rule of general applicability and 
affects only the manufacturer who applied to the FAA for approval of 
these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and record keeping 
requirements.

    The authority citation for these proposed special conditions is as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the deHavilland DHC-8-400 series airplanes.
    1. Protection from Unwanted Effects of High-Intensity Radiated 
Fields (HIRF). Each electrical and electronic system that performs 
critical functions must be designed and installed to ensure that the 
operation and operational capacity of these systems to perform critical 
functions are not adversely affected when the airplane is exposed to 
high-intensity radiated fields.
    2. For the purpose of this special condition, the following 
definition applies:
    Critical Functions. Functions whose failure would contribute to or 
cause a failure condition that would prevent the continued safe flight 
and landing of the airplane.

    Issued in Renton, Washington, on July 9, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-18548 Filed 7-19-96; 8:45 am]
BILLING CODE 4910-13-M

Complete official Federal Register PDF

FR Doc. 96-18473 Amendments to Gas Valuation Regulations for Federal Leases
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Page 37865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18473]

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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 206

RIN 1010-AC02

Amendments to Gas Valuation Regulations for Federal Leases

AGENCY: Minerals Management Service, Interior.

ACTION: Proposed rule; notice of extension of public comment period.

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SUMMARY: The Minerals Management Service (MMS) hereby gives notice that 
it is extending the public comment period on a Notice of reopening of 
public comment period, which was published in the Federal Register on 
May 21, 1996 (61 FR 25421). The proposed rule would amend the 
regulations governing the valuation for royalty purposes of natural gas 
produced from Federal leases. In response to requests for additional 
time, MMS will extend the comment period from July 22, 1996, to August 
19, 1996.

DATES: Comments must be received by 4 p.m. Mountain daylight time on 
August 19, 1996.

ADDRESSES: Written comments should be sent to the Minerals Management 
Service, P.O. Box 25165, Mail Stop 3101, Denver, Colorado 80225-0165; 
courier address: Building 85, Denver Federal Center, Denver, Colorado 
80225-0165, Attention: David S. Guzy.

FOR FURTHER INFORMATION CONTACT: David S. Guzy, Chief, Rules and 
Procedures Staff, telephone (303) 231-3432 or (FTS) 231-3432.

    Dated: July 15, 1996.
James W. Shaw,
Associate Director for Royalty Management.
[FR Doc. 96-18473 Filed 7-18-96; 8:45 am]
BILLING CODE 4310-MR-P

Complete official Federal Register PDF

FR Doc. 96-18438 Labeling of Orally Ingested Over-the-Counter Drug Products Containing Calcium, Magnesium, and Potassium; Extension of Comment Period
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Page 38047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18438]

Federal Register / Vol. 61, No. 141 / Monday, July 22, 1996 / 
Proposed Rules

[[Page 38047]]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 201 and 331

[Docket No. 95N-0254]
RIN 0910-AA63

Labeling of Orally Ingested Over-the-Counter Drug Products 
Containing Calcium, Magnesium, and Potassium; Extension of Comment 
Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: The Food and Drug Administration (FDA) is extending to 
September 20, 1996, the comment period on the notice of proposed 
rulemaking to amend the general labeling provisions for over-the-
counter (OTC) drug products intended for oral ingestion to require the 
content per dosage unit and warning labeling when the product contains 
certain levels of calcium, magnesium, or potassium. The notice of 
proposed rulemaking was published in the Federal Register of April 22, 
1996 (61 FR 17807). FDA is taking this action in response to a request 
for extension of the comment period to allow interested persons 
additional time to comment on the notice of proposed rulemaking.
DATES: Written comments by September 20, 1996. Written comments on the 
agency's economic impact determination by September 20, 1996.
ADDRESSES: Submit written comments to the Dockets Management Branch 
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: William E. Gilbertson, Center for Drug 
Evaluation and Research (HFD-105), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-827-2304.

SUPPLEMENTARY INFORMATION: In the Federal Register of April 22, 1996 
(61 FR 17807), FDA published a notice of proposed rulemaking to amend 
the general labeling provisions for OTC drug products to require that 
the labeling of all OTC drug products intended for oral ingestion 
include: (1) The calcium content per dosage unit when the product 
contains 20 milligrams (mg) or more per single dose; (2) a warning 
statement that persons with kidney stones and persons on a calcium-
restricted diet should not take the product unless directed by a doctor 
when the product contains more than 3.2 grams of calcium in the labeled 
maximum daily dose; (3) the magnesium content per dosage unit when the 
product contains 8 mg or more per single dose; (4) a warning statement 
that persons with kidney disease and persons on a magnesium-restricted 
diet should not take the product unless directed by a doctor if the 
product contains more than 600 mg magnesium in the labeled maximum 
daily dose; (5) the potassium content per dosage unit when the product 
contains 5 mg or more per single dose; and (6) a warning statement that 
persons with kidney disease and persons on a potassium-restricted diet 
should not take the product unless directed by a doctor if the product 
contains more than 975 mg potassium in the labeled maximum daily dose. 
FDA issued the notice of proposed rulemaking in order to provide 
uniform calcium, magnesium, and potassium content and warning labeling 
for all OTC drug products intended for oral ingestion whether marketed 
under an OTC drug monograph, an approved application, or no 
application.
    On June 18, 1996, Nonprescription Drug Manufacturers Association 
(NDMA), a trade association of nonprescription drug manufacturers, 
requested a 60-day extension in which to file comments and new 
information. NDMA noted FDA's request for comments on recent scientific 
information to consider in setting requirements for OTC drug product 
labeling for products containing these ingredients (cations), the 
potential far-reaching nature of the proposal, and what NDMA termed 
``possible substantial economic impact'' as a basis for its request for 
an extension of the comment period. NDMA also had a number of questions 
on a related final rule for sodium labeling for OTC drug products 
published in the Federal Register of April 22, 1996 (61 FR 17798), 
which FDA has addressed in a recent feedback letter (Ref. 1).
    FDA has carefully considered the request and acknowledges the broad 
scope of the notice of proposed rulemaking, which would affect products 
in several therapeutic categories. Manufacturers may require additional 
time to obtain information, including scientific information, and 
comment on the notice of proposed rulemaking. Although the agency has a 
policy of generally not extending such comment periods, FDA considers 
an extension of time for comments in this case to be in the public 
interest and is therefore extending the comment period for an 
additional 60 days.
    Interested persons may, on or before September 20, 1996, submit to 
the Dockets Management Branch (address above) written comments on the 
notice of proposed rulemaking. Three copies of any comments are to be 
submitted, except that individuals may submit one copy. Comments are to 
be identified with the docket number found in the brackets in the 
heading of this document. Received comments may be seen in the office 
above between 9 a.m. and 4 p.m., Monday through Friday.

Reference

    -1. Letter from Debra Bowen, FDA, to R. W. Soller, NDMA, July 
15, 1996, in Docket No. 95N-0254, Dockets Management Branch.

    Dated: July 15, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-18438 Filed 7-19-96; 8:45 am]
BILLING CODE 4160-01-F

Complete official Federal Register PDF

FR Doc. 96-18432 Defense Federal Acquisition Regulation Supplement; Certificate of Competency
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37878-37879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18432]

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DEPARTMENT OF DEFENSE

48 CFR Parts 219 and 252

[DFARS Case 96-D003]

Defense Federal Acquisition Regulation Supplement; Certificate of 
Competency

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement (DFARS) to implement 
revisions made to the Small Business Administration's regulations 
covering the Procurement Assistance Programs (Part 125, Chapter I, 
Title 13 of the Code of Federal Regulations).

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before September 20, 1996, to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Susan L. Schneider,

[[Page 37879]]

PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-
D003 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Susan Schneider, (703) 602-0131.

SUPPLEMENTARY INFORMATION: 

A. Background

    This proposed rule amends DFARS Parts 219 and 252 to implement 
changes made to the Small Business Administration's (SBA) regulations 
(Part 125, Chapter I, Title 13 of the Code of Federal Regulations). The 
proposed rule (1) updates the names of the SBA offices involved in 
processing Certificates of Competency in order to conform with final 
revisions to SBA regulations; (2) removes language referencing set-
aside preferences for a small disadvantaged business manufacturer or 
regular dealer owned by an Indian tribe, including an Alaska Native 
Corporation, because the underlying statutes (Section 8051 of the 1994 
Defense Authorization Act and Section 8012 of the 1995 Defense 
Authorization Act) are no longer in effect; (3) replaces the term 
``regular dealer'' with ``nonmanufacturer'' to conform with final 
revisions to Department of Labor regulations; and (4) provides a DFARS 
definition for the term ``nonmanufacturer.''

B. Regulatory Flexibility Act

    The proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
does not impose any new requirements on contractors, large or small. 
The proposed rule merely implements the SBA rule to clarify its 
applicability within the Department of Defense and makes administrative 
changes consistent with the changes in 13 CFR Part 125. An initial 
regulatory flexibility analysis has therefore not been performed. 
Comments are invited from small businesses and other interested 
parties. Comments from small entities concerning the affected DFARS 
subparts will also be considered in accordance with Section 610 of the 
Act. Such comments must be submitted separately and cite DFARS Case 96-
D003 in correspondence.

C. Paperwork Reduction Act

    The proposed rule does not impose any new reporting or 
recordkeeping requirements which require Office of Management and 
Budget approval under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 219 and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, it is proposed that 48 CFR Parts 219 and 252 be amended 
as follows:
    1. The authority citation for 48 CFR Parts 219 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 219--SMALL BUSINESS PROGRAMS

    2. Section 219.602-3 is amended by revising paragraph (c)(i)(A) to 
read as follows:

219.602-3   Resolving differences between the agency and the Small 
Business Administration.

    (c)(i) * * *
    (A) A request for appeal, summarizing the issues. The request must 
be sent to arrive within five working days after receipt of the SBA 
Headquarters written position.
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.219-7006 is amended by adding in paragraph (a), in 
alphabetical order, a definition of ``Nonmanufacturer''; and by 
revising the introductory text of paragraph (d)(1), paragraph (d)(2), 
and Alternate I to read as follows:

252.219-7006   Notice of evaluation preference for small disadvantaged 
business concerns.

* * * * *
    (a) * * *
    ``Nonmanufacturer,'' as used in this clause, means a small 
disadvantaged business concern which, although not involved in the 
manufacture of the supplies required by the solicitation, is engaged 
in continuing sales of such supplies to the public.
* * * * *
    (d) * * *
    (1) A small disadvantaged business concern, historically black 
college or university, or minority institution offeror agrees that 
in performance of the contract, in the case of a contract for--
* * * * *
    (2) A small disadvantaged business, historically black college 
or university, or minority institution nonmanufacturer submitting an 
offer in its own name agrees to furnish in performing this contract 
only end items manufactured or produced by small disadvantaged 
business concerns, historically black colleges or universities, or 
minority institutions in the United States.
* * * * *

ALTERNATE I  (DATE)

    As prescribed in 219.7003, substitute the following paragraph 
(d)(2) for paragraph (d)(2) of the basic clause:
    (d)(2) A small disadvantaged business, historically black 
college or university, or minority institution nonmanufacturer 
submitting an offer in its own name agrees to furnish in performing 
this contract only end items manufactured or produced by small 
business concerns, historically black colleges or universities, or 
minority institutions in the United States.

[FR Doc. 96-18432 Filed 7-19-96; 8:45 am]
BILLING CODE 5000-04-M

Complete official Federal Register PDF

FR Doc. 96-18430 Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37994-38011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18430]

[[Page 37993]]

_______________________________________________________________________

Part IV

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 20

Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory 
Bird Hunting Regulations; Proposed Rule

Federal Register / Vol. 61, No. 141 / Monday, July 22, 1996 / 
Proposed Rules

[[Page 37994]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD69

Migratory Bird Hunting; Proposed Frameworks for Early-Season 
Migratory Bird Hunting Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; Supplemental.

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SUMMARY: The Fish and Wildlife Service (hereinafter the Service) is 
proposing to establish the 1996-97 early-season hunting regulations for 
certain migratory game birds. The Service annually prescribes 
frameworks, or outer limits, for dates and times when hunting may occur 
and the maximum number of birds that may be taken and possessed in 
early seasons. Early seasons generally open prior to October 1, and 
include seasons in Alaska, Hawaii, Puerto Rico, and the Virgin Islands. 
These frameworks are necessary to allow State selections of final 
seasons and limits and to allow recreational harvest at levels 
compatible with population status and habitat conditions. This 
supplement to the proposed rule also provides the Service's final 
regulatory alternatives for the 1996-97 duck hunting season.

DATES: The comment period for proposed early-season frameworks will end 
on August 1, 1996; and for late-season proposals on September 3, 1996. 
The Service will hold a public hearing on late-season regulations 
August 2, 1996, starting at 9 a.m.

ADDRESSES: The Service will hold a public hearing August 2 in the 
Department of the Interior's Auditorium, 1849 C Street, NW., 
Washington, DC. Parties should submit written comments on these 
proposals and/or a notice of intention to participate in the late-
season hearing to the Chief, Office of Migratory Bird Management 
(MBMO), U.S. Fish and Wildlife Service, room 634--Arlington Square, 
Washington, DC 20240. The public may inspect comments during normal 
business hours in room 634, Arlington Square Building, 4401 N. Fairfax 
Drive, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, MBMO, U.S. 
Fish and Wildlife Service, (703) 358-1714.
SUPPLEMENTARY INFORMATION: 

Regulations Schedule for 1996

    On March 22, 1996, the Service published in the Federal Register 
(61 FR 11992) a proposal to amend 50 CFR part 20. The proposal dealt 
with the establishment of seasons, limits, and other regulations for 
migratory game birds under Secs.  20.101 through 20.107, 20.109, and 
20.110 of subpart K. On June 13, 1996, the Service published in the 
Federal Register (61 FR 30114) a second document providing supplemental 
proposals for early- and late-season migratory bird hunting regulations 
frameworks. The June 13 supplement also provided detailed information 
on the 1996-97 regulatory schedule and announced the Service Migratory 
Bird Regulations Committee and Flyway Council meetings. On June 14, 
1996, the Service published in the Federal Register (61 FR 30490) a 
third document describing the Service's proposed 1996-97 regulatory 
alternatives for duck hunting and its intent to consider establishing a 
special youth waterfowl hunting day.
    This document is the fourth in a series of proposed, supplemental, 
and final rulemaking documents for migratory bird hunting regulations 
and deals specifically with proposed frameworks for early-season 
regulations. It will lead to final frameworks from which States may 
select season dates, shooting hours, and daily bag and possession 
limits for the 1996-97 season. The Service has considered all pertinent 
comments received through July 8, 1996, in developing this document. In 
addition, new proposals for certain early-season regulations are 
provided for public comment. Comment periods are specified above under 
DATES. The Service will publish final regulatory frameworks for early 
seasons in the Federal Register on or about August 16, 1996.
    This supplemental proposed rulemaking consolidates further changes 
in the original framework proposals published in the March 22 Federal 
Register. The regulations for early waterfowl hunting seasons proposed 
in this document are based on the most current information available 
about the status of waterfowl populations and habitat conditions on the 
breeding grounds.

Presentations at Public Hearing

    Five Service employees presented reports on the status of various 
migratory bird species for which early hunting seasons are proposed. 
These reports are briefly reviewed below.
    Dr. Jim Dubovsky, Waterfowl Specialist, presented information on 
1996 habitat conditions for waterfowl, preliminary estimates of duck 
abundance, and harvests during the 1995 September teal seasons. Most of 
the midcontinent region experienced unusually cool temperatures during 
May and early June. Spring conditions were delayed approximately 2-3 
weeks throughout most of the region. In the northcentral United States, 
southern Saskatchewan, and southern Manitoba, habitat conditions for 
nesting ducks were good to excellent. Abundant water existed in natural 
and artificial basins, and land managed in conservation easements in 
the United States continued to provide good nesting cover. Southern 
Alberta had improved wetland conditions relative to recent years, but 
nesting cover was limited because grazing reduced the amount of 
residual vegetation, and cool temperatures slowed growth of grasses. 
The pond estimate for the northcentral United States and prairie Canada 
combined was 7.5 million. This estimate was the second highest 
recorded, and was 61 percent above the long-term average. Farther north 
in the prairie provinces and in the Northwest Territories, habitat 
conditions were much improved from last spring, when habitats were 
extremely dry and forest fires were common. This year, most areas had 
abundant water. Conditions in Alaska and in survey areas throughout 
eastern portions of the United States and Canada also were favorable 
for nesting waterfowl. Estimates of duck abundance for most species 
during spring 1996 generally were similar to those of last year. Blue-
winged teal and northern shoveler increased in abundance. American 
wigeon numbers decreased. The 1995 May breeding population survey 
yielded an estimate of 6.4 million blue-winged teal, which was greater 
than the 1995 estimate of 5.1 million and 53 percent above the long-
term average. The estimated harvest of blue-winged teal during the 1995 
September teal season was approximately 370,000 birds, which was about 
100,000 birds more than the 1994 teal-season harvest. However, the 1995 
estimate was within the range of harvests experienced historically. 
Band-recovery rates of blue-winged teal suggested that 1995-96 harvest 
rates were similar to or lower than those during the 1970's and early 
1980's.
    Dr. David Caithamer, Wildlife Biologist, reviewed the status of 
several populations of Canada geese for which the Service is proposing 
September seasons. In Alaska five subspecies of Canada geese are hunted 
including Dusky Canada geese and Cackling Canada geese. Numbers of 
Dusky Canada geese, which nest primarily in the Copper River Delta of 
Alaska, have declined steadily since an earthquake in 1964 altered 
their nesting habitat and

[[Page 37995]]

resulted in lowered recruitment rates. The January 1995 population 
index revealed approximately 8,500 geese. Unfortunately, no survey was 
conducted in January 1996 due to the furlough of federal employees and 
inclement weather. However, preliminary results from a spring survey of 
Dusky geese on the Copper River Delta suggest that the size of the 
breeding population is similar to the record-low size observed last 
spring. The Service remains concerned about the continued poor status 
of this population. The December 1995 survey of Cackling Canada geese 
revealed approximately 161,000 geese, which was about 6 percent higher 
than 1994 index. This population has grown approximately 14 percent per 
year since 1986. The 3 other subspecies of Canada geese hunted in 
Alaska are thought to be at or above objective levels. In the Pacific 
Flyway, the Rocky Mountain Population of Canada geese increased 18 
percent from 1995 to 109,000 geese. The population of Mississippi 
Flyway giant Canada geese has increased at a rate of about 5 percent 
per year during the last 10 years. In some areas, numbers of giant 
geese have increased to record-high and nuisance levels. The situation 
is similar in the northeastern U.S., where the ``resident'' goose 
population has approximately doubled since 1989 to nearly 800,000 
birds. The Service is concerned about the rapid growth rate and large 
sizes of resident Canada goose populations in parts of the Atlantic and 
Mississippi Flyways. In some regions, the management of these large 
populations of resident geese is confounded by the presence of other 
populations, which are below population objectives. A case in point is 
the migratory population of Atlantic Canada geese which nests in 
northern Quebec and winters in the Atlantic Flyway. The number of 
breeding pairs of Atlantic Canada geese has declined from 118,000 in 
1988 to only 29,000 in 1995. The Service recognizes the challenge 
facing management agencies which are striving to increase migrant 
populations, while simultaneously attempting to decrease resident 
populations.
    Mr. David Sharp, Central Flyway Representative, reported on the 
status and harvests of sandhill cranes. The Mid-Continent Population 
appears to have stabilized following dramatic increases in the early 
1980s. The Central Platte River Valley 1996 preliminary spring index, 
uncorrected for visibility, was 315,200. This index is 15 percent 
higher than 1995's index of 273,376. However, the photo-corrected 3-
year average for the 1993-95 period was 394,093, which was 6 percent 
below the previous year's 3-year running average and within the 
established population-objective range of 343,000-465,000 cranes. All 
Central Flyway States, except Nebraska, elected to allow crane hunting 
in portions of their respective States in 1995-96; about 20,200 Federal 
permits were issued and approximately 7,400 permittees hunted one or 
more times. The number of permittees and active hunters were similar to 
the previous year's seasons. About 20,777 cranes were harvested in 
1995-96, a 20 percent increase from the previous year's estimate. 
Harvest from Alaska, Canada and Mexico are estimated to be less than 
10,000 for 1995-96 sport-hunting seasons. The total North American 
sport harvest was estimated to be about 34,773, which is an all time 
record high level. Annual surveys of the Rocky Mountain Population, 
which migrates through the San Luis Valley of Colorado in March, 
suggest a relatively stable population since 1984. The 1996 index of 
20,500 cranes was within the established objective range of 18,000-
22,000. Limited special seasons were held during 1995 in portions of 
Arizona, Montana, New Mexico, Utah, and Wyoming, and resulted in an 
estimated harvest of 378 cranes.
    Dr. John Bruggink, Eastern Shore and Upland Game Bird Specialist, 
reported on the 1996 status of the American woodcock. The 1995 
recruitment index for the Eastern Region (1.2 immatures per adult 
female) was 29 percent below the long-term regional average; the 
recruitment index for the Central Region (1.4 immatures per adult 
female) was 18 percent below the long-term regional average. Singing-
ground Survey data indicated that the number of displaying woodcock 
decreased (P<0.01) between 1995 and 1996 in the Eastern and Central 
regions (-20.2 and -11.5 percent, respectively). Trends from the 
Singing-ground Survey during 1986-96 also were negative (-3.2 and -3.7 
percent per year for the Eastern and Central regions, respectively) 
(P<0.01). There were long-term (1968-96) declines (P<0.01) of 2.5 
percent per year in the Eastern Region and 1.6 percent per year in the 
Central Region.
    Mr. David Dolton, Western Shore and Upland Game Bird Specialist, 
presented the mourning dove population status. The report summarized 
call-count information gathered over the past 31 years. Trends were 
calculated for the most recent 2 and 10-year intervals and for the 
entire 31-year period. Between 1995 and 1996, the average number of 
doves heard per route declined significantly in all three management 
units. In the Eastern Management Unit (EMU), a significant decline in 
doves heard was found over the most recent 10 years, but no trend was 
indicated over 31 years. The Central Management Unit (CMU) showed 
significant declines for both the 10 and 31-year time frames. In the 
Western Management Unit (WMU), no trend was evident over the most 
recent 10 years, but there has been a significant decline over 31 
years. Trends for doves seen at the unit level over the 10 and 31-year 
periods agreed with trends for doves heard in the WMU. No trend was 
found in doves seen over 10 years in the EMU and for 31 years in the 
CMU. Trends for doves seen in other time periods were comparable to 
those in doves heard.
    Mr. Dolton also presented the status of western white-winged doves 
in Arizona. Since the 1980's, whitewing populations have remained 
relatively stable. The 1996 whitewing call-count index of 31.1 doves 
heard per route was essentially the same as the index of 31.2 doves 
heard per route in 1995. Since 1987, hunters have harvested around 
100,000 birds annually. In 1995, an estimated 107,000 birds were 
harvested, a 22 percent decrease from 1994.
    Mr. Dolton then reported on the status of eastern white-winged 
doves and white-tipped doves in Texas. Results of the 1996 whitewing 
call-count survey indicate 391,000 birds were nesting in the Lower Rio 
Grande Valley counties of Starr, Hidalgo, Cameron, and Willacy. This is 
an 11 percent decrease from 1995, but 6 percent below the previous 6-
year average count (1990-95). This decline may be due to a drought in 
the Lower Rio Grande Valley since December 1994 which may be affecting 
available native and domestic feed and nesting habitat. In Upper South 
Texas, an estimated 620,000 whitewings were nesting throughout a 19-
county area. This was essentially the same count as last year. West 
Texas also supports a small population of whitewings. The 1996 estimate 
of 18,750 birds was 19 percent above the 1995 estimate. For white-
tipped doves, an average of 0.47 birds were heard per stop in both 
brush and citrus locations in 1996.
    Last, Mr. Dolton presented population and harvest information on 
band-tailed pigeons. Band-tailed pigeons are managed as two separate 
populations: the Coastal Population (Washington, Oregon, California, 
and Nevada) and the Four-corners or Interior Population (Utah, 
Colorado, Arizona, and New Mexico). For the Coastal population, the 
Breeding Bird Survey (BBS) indicates a significant decline between 1968 
and 1995. Mineral site counts conducted in Oregon in 1995 showed a 23 
percent decrease in pigeon use over 1994.

[[Page 37996]]

Washington's call-count showed essentially no change in the population 
between 1994 and 1995. Between 1975 and 1995 there was no significant 
trend found in the population, but a significant increase was noted 
during the most recent 5-year period between 1991 and 1995. Two 
indirect population estimates suggest that the population was between 
2.4 and 3.1 million birds in 1992. With continuing restrictions on bag 
limits and season length, the 1995 harvest was an estimated 2,074 
pigeons in Oregon and 10,428 in California. Washington has had a closed 
season since 1991. In the Four-corners area, BBS data showed a stable 
population between 1968 and 1995. The 1995 combined harvest for all 
four States was 1,518 birds; well below the harvest in earlier years 
which ranged up to 6,000 birds.

Comments Received at Public Hearing

    Mr. Dale Bartlett, representing the Humane Society of the United 
States (HSUS), expressed concern that the Service continues to 
establish liberal hunting regulations on species without adequate data. 
HSUS believes that sea duck seasons should be closed or severely 
restricted until adequate data on population status and species biology 
are available. HSUS claims that the Service acted too quickly to 
liberalize duck hunting regulations since the populations of many 
species remain below goals set by the North American Waterfowl 
Management Plan (NAWMP). HSUS is frustrated with the failure of the 
Service to close seasons on species in decline such as woodcock, 
coastal populations of band-tailed pigeon, white-winged doves in 
Arizona, and mourning doves in the Western Management Unit. HSUS 
believes that bag limits and season lengths on several species of 
webless migratory birds are ridiculously high and fly in the face of 
the principles of wise and ethical use of the resource. They strongly 
recommend that opening dates in Alaska be delayed at least 2 weeks to 
allow birds to leave their natal marshes. They also recommend that the 
Service require all seasons to open at noon during mid-week to reduce 
large kills. They further urged the Service to disallow one-half hour 
before sunrise shooting. Finally, they expressed concern about the 
general direction of the Service towards resident Canada goose 
management.
    Mr. Don Kraege, representing the Pacific Flyway Council, expressed 
appreciation for the Service's efforts to enhance cooperative waterfowl 
management. He stated that the Flyway generally supports the idea of 
limiting zone/split configurations for duck hunting. However, he 
requested the Service reconsider the Council's recommendation on splits 
and zones for duck seasons. Specifically, he recommended removal of the 
requirement that duck seasons in different zones differ by at least one 
day. He suggested that this change would lead to regulatory 
simplification, increased hunter satisfaction, enhance waterfowl 
habitat efforts on private lands, and would not significantly alter 
harvest.
    Mr. Joe Kramer, representing the Central Flyway Council, reviewed 
recommendations passed by the Council regarding establishment of this 
year's migratory bird hunting regulations. He supported the proposed 
expansion of the Rocky Mountain Greater Sandhill Crane hunt area in 
Wyoming. Reviewing status information on blue- and green-winged teal 
populations, he indicated that this year's combined spring-breeding 
population of about 8.9 million was a record high level and that the 
projected fall flight will probably be the largest ever recorded. He 
indicated that the Central and Mississippi Flyway Councils would 
complete a more comprehensive harvest approach for these special 
seasons by March 1997. He supported the Central Flyway Council's 
recommendation to expand this year's teal bag limit from 4 to 5 and 
increase the teal season length from 9 to 16 days. He also reaffirmed 
the Council's strong support for the Adaptive Harvest Management 
process, but recommended an increase in season length from 60 to 67 
days under the ``liberal'' alternative. He supported the recommended 
change in the redhead daily bag limit from 1 to 2 in the ``liberal'' 
alternative for the Central and Mississippi Flyways.
    With respect to the zone/split criteria for the establishment of 
duck hunting seasons, Mr. Kramer reiterated the Central Flyway's 
objection to constraints on the use of additional days in the High 
Plains Mallard Management Unit. Mr. Kramer supported efforts by the 
Service to review baiting regulations, but he pointed out continuing 
desires by many Central Flyway States to review the timing of the 
early- and late-season meetings. Finally, Mr. Kramer supported the 
additional flexibility allowed to address resident goose problems 
through special hunting seasons, and the concept of establishing a 
youth waterfowl hunt.
    Mr. Charles D. Kelley, representing the Southeastern Association of 
Fish and Wildlife Agencies, commended the Service for its efforts in 
developing the Harvest Information Program, which will provide improved 
harvest estimates for a number of species. He also stated that he 
appreciated the Service's recognition of the problems caused by 
rapidly-expanding populations of giant Canada geese and the need to 
work toward solving them.
    Ms. Anne Muller, representing the Committee to Abolish Sport 
Hunting, and its affiliate, the Coalition to Prevent the Destruction of 
Canada Geese, commented that State and Federal wildlife agencies are 
exploiting wild Canada geese to supply hunters with targets by 
increasing resident goose populations on wildlife management areas in 
every State. She claimed that this is done in order to collect excise 
taxes on lethal weapons and ammunition. Further, she objected to the 
roundup and shipment of geese by game agencies personnel to slaughter 
houses to feed the poor, and believed this action violates the rights 
of the general citizenry. Ms. Muller asked that the Service change the 
current depredation permitting process. Finally, she requested that 
public hearings be held during evening hours to increase pubic 
attendance and that the Service directly involve communities to help 
resolve nuisance Canada geese conflicts.
    Mr. Peter Muller, representing the Committee to Abolish Sport 
Hunting, expressed concern that the special Canada goose seasons 
currently held in New York and New Jersey were responsible for the 
decline of migrant geese nesting in northern Quebec. He questioned 
whether the criteria allowing 10 and 20 percent harvest of migrant 
geese during the special early and late seasons, respectively, were too 
liberal. Further, he argued that statistics regarding this goose 
population were highly dubious since very little banding had occurred 
on the breeding ground to accurately determine the racial composition 
of the harvest. He indicated that little is known regarding the 
interactions between resident and migrant geese and recommended 
suspension of these seasons until more information regarding population 
affiliation was available. To assess the beneficial effects of these 
liberal hunting seasons on resident Canada geese, he asked that the 
Service develop an Environmental Impact Statement (EIS). He requested 
that the Service maintain and enforce strict waterfowl baiting 
regulations. Finally, he was disturbed by the trend of State and 
Federal management agencies of shifting to more liberal policies.
    Dr. Ann Stirling Frisch expressed opposition to a proposed new hunt 
area for special early Canada goose seasons in Wisconsin. Dr. Frisch 
suggested such seasons are ineffective at controlling

[[Page 37997]]

local Canada goose populations, that habitat management was a 
preferable alternative to hunting seasons, that other lethal means of 
control were undesirable. She further stated that National 
Environmental Policy Act (NEPA) requirements were not met in 
establishing such seasons.

Written Comments Received

    The preliminary proposed rulemaking, which appeared in the March 22 
Federal Register, opened the public comment period for migratory game 
bird hunting regulations. As of July 8, 1996, the Service had received 
82 comments; 18 of these specifically addressed early-season issues and 
9 addressed the proposed regulatory alternatives for duck hunting. 
Early-season comments are summarized below and numbered in the order 
used in the March 22 Federal Register. Only the numbered items 
pertaining to early seasons for which written comments were received 
are included. The Service received recommendations from all four Flyway 
Councils. Some recommendations supported continuation of last year's 
frameworks. Due to the comprehensive nature of the annual review of the 
frameworks performed by the Councils, support for continuation of last 
year's frameworks is assumed for items for which no recommendations 
were received. Council recommendations for changes in the frameworks 
are summarized below.

1. Ducks

    The categories used to discuss issues related to duck harvest 
management are as follows: (A) General Harvest Strategy, (B) Framework 
Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones 
and Split Seasons, and (G) Special Seasons/Species Management. Only 
those categories containing substantial recommendations are included 
below.

A. Harvest Strategy Considerations

    In the March 22, 1996, Federal Register, the Service described the 
underlying principles of Adaptive Harvest Management (AHM) and the 
progress made on its implementation in 1995. In addition, the Service 
reported recommendations made by an AHM technical working group for the 
1996-97 regulatory process. Comprised of representatives from the 
Service and the four Flyway Councils, the working group was established 
in 1992 to develop technical recommendations for improving duck harvest 
regulations.
    One of the recommendations of the AHM working group for the 1996-97 
regulatory process was to continue the regulatory alternatives used in 
1995, with a minor exception in the Pacific Flyway. In 1995, the 
Service limited the choice of regulatory alternatives for the 1995-96 
regular duck hunting season to three sets of frameworks similar to 
those in effect during the 1979-93 hunting seasons. These three sets of 
frameworks were described in a relative sense as restrictive, moderate, 
and liberal. In general, specific guidelines for selection of one of 
the regulatory alternatives are based on the size of the mallard 
breeding population and habitat conditions.
    Council Recommendations: In the June 13, 1996, Federal Register, 
the Service reported that all four Flyways continued to express support 
for the AHM approach. The Mississippi, Central, and Pacific Flyway 
Councils recommended some specific modifications to the regulatory 
alternatives recommended by the working group and these recommendations 
were identified in the June 13, 1996, document and are reiterated here 
and under ``Framework Dates,'' ``Season Length,'' ``Bag Limits,'' and 
``Special Seasons/Species Management.''
    The Atlantic Flyway Council endorsed the AHM technical working 
group's recommendations regarding harvest-management objectives, use of 
mid-continent mallard population models, and regulatory options for the 
Atlantic Flyway in 1996.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council expressed support for no more than three regulations packages, 
but recommended a harvest-management objective (objective function) 
that achieves an equal balance between harvest and a breeding 
population objective of 8.1 million mallards.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council requested the working group investigate the addition of both a 
more conservative and a more liberal regulatory package to the group of 
regulations packages offered for the 1997-98 hunting season.
    The Central Flyway Council supported the working group's 
recommendation to modify the objective function so that it continue to 
reflect the broad resource values of the population goals of the NAWMP, 
but commented that many technical issues need to be resolved before 
AHM's fully operational for multiple duck stocks.
    The Pacific Flyway Council endorsed the AHM working group's 1996 
duck regulations approach and, with the exception of a harvest strategy 
for pintails, recommendations for 1996.
    Public-Hearing Comments: Mr. Joe Kramer, Chairman of the Central 
Flyway Council, expressed continued support for AHM. However, he 
questioned the Service's proposal to largely maintain the interim 
regulatory alternatives from last year.
    Mr. Don Kraege, Chairman of the Pacific Flyway Council Study 
Committee, expressed support for the cooperative development of AHM as 
a means to improve the scientific management of mallards and other 
species.
    Written Comments: The Texas Parks and Wildlife Department supports 
the concept of AHM, but feels that minor changes to regulatory 
alternatives should not be precluded because full implementation of AHM 
may take several years.
    The Missouri Department of Conservation applauded the Service for 
continued progress on AHM and supports: (1) the use of NAWMP population 
goals; (2) regulatory alternatives that are similar to those of 1995; 
(3) continued use of current hypotheses concerning harvest and 
reproduction; and (4) AHM development for other populations or species. 
Missouri also noted the important role of communication in ensuring 
long-term support for AHM and urged that data-collection efforts be 
maintained in the face of changing budgets and priorities. In a second 
letter, the Missouri expressed continued support for AHM, including the 
proposed regulatory alternatives. Missouri also urged continued 
progress on a broader range of regulatory alternatives and inclusion of 
other duck species in the AHM strategy.
    The Minnesota Department of Natural Resources supports the three 
regulatory alternatives as outlined in the June 14 Supplement. 
Minnesota also supports finalization of the regulatory alternatives 
prior to the July Flyway meetings and wishes to pursue cooperative 
development of regulatory alternatives that will be appropriate over 
the long-term for the Mississippi Flyway.
    The Illinois Department of Natural Resources encouraged the Service 
to examine the pros and cons of four or five regulatory alternatives, 
rather than three. Illinois believes that the addition of a more 
restrictive and/or a more liberal alternative could provide greater 
flexibility in responding to changing population status, but may be 
undesirable if they lead to greater annual fluctuations in hunting 
regulations.

[[Page 37998]]

    The Kansas Department of Wildlife and Parks has supported the 
principles of AHM, but is concerned that the process now is being used 
to circumvent the traditional process of allowing input of the States 
through the Flyway Councils. Kansas objects to the AHM technical 
working group establishing regulations by ``popular vote'' among 
individuals from all four Flyways, employees of the Service's MBMO, and 
their academic associates. Kansas is also concerned that the regulatory 
alternatives used in 1995 and proposed for 1996 are becoming entrenched 
and that future changes will be increasingly difficult.
    Service Response: The Service appreciates the continued support of 
the Flyway Councils and States for implementation of AHM. Agreement on 
a limited number of regulatory alternatives, on the role of NAWMP 
population goals in guiding harvest management, and on alternative 
hypotheses of mallard population dynamics has greatly reduced the 
annual debate over appropriate duck-hunting regulations. More 
importantly, these elements constitute key components of a systematic 
process to increase knowledge of regulatory effects and, thus, improve 
long-term management performance. The Service also recognizes, however, 
that continued progress in AHM will demand deliberate and methodical 
attention to a number of previously ignored or unresolved issues in 
waterfowl management. These include: (1) hunter dynamics and how 
regulations affect hunter activity and success; (2) factors affecting 
duck reproduction on a continental scale; (3) relative costs and 
benefits of species, population, and sex-specific management; and (4) 
allocation of harvest opportunities among countries, Flyways, and 
States. Continued progress also will depend heavily on further 
education and communication, particularly as it concerns field 
biologists, wildlife-area managers, and other resource-agency staff. 
The Service is urging its partners to cooperatively address these 
technical and communication issues in a comprehensive and coherent 
manner. The Service recognizes that schedules for clarifying issues, 
receiving Flyway Councils and others input, and conducting necessary 
assessments must be developed so that expectations for progress are 
realistic. The Service believes that AHM implementation must itself be 
adaptive and that there will be a continuing need for periodic review 
of all technical specifications, including management objectives, 
regulatory alternatives, and theories (or models) of population 
dynamics.
    The limited set of regulatory alternatives (i.e., ``restrictive'', 
``moderate'', and ``liberal'') continues to draw criticism from some 
Flyway Councils and States. At issue is both the number of regulatory 
alternatives and the specific combination of season length and bag 
limits for each alternative. The Service recognizes that the proposed 
alternatives do not satisfy all partners and will continue to treat 
these alternatives as interim, pending further investigation by the AHM 
technical working group and others. However, the Service believes that 
adjustments to the set of regulatory alternatives should be based on 
the following criteria: (1) alternatives should differ sufficiently so 
that differences in harvest levels and their impacts on duck 
populations can be detected with current monitoring programs; (2) the 
set of alternatives should produce enough variation in harvest rates to 
permit identification of optimal harvest strategies; and (3) regulatory 
alternatives should reflect the needs of law enforcement and the 
desires and abilities of hunters. The set of alternatives can be 
reduced or expanded as needed, but it is important to use the 
alternatives long enough to identify patterns in harvest rates under 
each alternative. Because relevant issues have not yet been addressed 
adequately, the Service is denying requests this year to modify the 
basic structure of regulatory alternatives. Prior to the 1997-98 
hunting season, the Service will work with the Flyway Councils and the 
AHM technical working group to investigate the merits of major 
modifications to the set of regulatory alternatives.
    The role of the AHM working group is to provide technical guidance 
to decision-makers. This working group is comprised of two 
representatives appointed by each Flyway Council, in addition to 
biological staff from the Service and the National Biological Service. 
The Flyway Councils' appointees effectively represent the perspectives 
of their respective Flyways, but they must be concerned also with 
continental issues that cross Flyway boundaries. The Service believes 
that this arrangement works exceedingly well and that individual States 
have ample opportunity to comment on recommendations offered by the AHM 
working group, either through their Flyway Councils or directly to the 
Service. The Service emphasizes that the working group does not 
establish regulations. Moreover, the working group develops its 
recommendations through consensus, and does not use a voting process.
    For the 1996-97 regular duck hunting season, the Service will use 
the three regulatory alternatives detailed in the accompanying table 
(at the end of this document). Alternatives are specified for each 
Flyway and are designated as ``RES'' for the restrictive, ``MOD'' for 
the moderate, and ``LIB'' for the liberal alternative. The Service will 
propose a specific regulatory alternative when survey data on waterfowl 
population and habitat status are available in late July.

B. Framework Dates

    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council recommended the AHM technical working 
group investigate the impacts of a January 31 framework closing date.
    Service Response: The Service supports investigations by the AHM 
technical working group to assess the suitability of all aspects of the 
current regulatory alternatives, including framework dates. However, 
the Service reiterates its long-standing concerns that hunting 
disturbance in late winter may interfere with pair bonding and inhibit 
nutrient acquisition and storage with subsequent impacts to 
reproductive potential. Before the Service can consider changes to the 
timing of the framework closing date, additional information to 
alleviate these concerns is necessary.
    The Service notes that the framework dates in the proposed 
regulatory alternatives for the Atlantic Flyway published in the June 
14 Supplement did not accurately reflect the policy established by the 
Service last year (September 27, 1995, Federal Register 60 FR 50042). 
This discrepancy was unintentional. The Service reaffirms its policy of 
fixed dates of October 1 to January 20 for the Atlantic Flyway, and of 
floating framework dates (Saturday closest to October 1, Sunday closest 
to January 20) for the Mississippi, Central, and Pacific Flyways. The 
appropriate change in framework dates for the Atlantic Flyway is 
reflected in the final regulatory alternatives.

C. Season Length

    Council Recommendations: In the regulatory alternatives recommended 
for 1996-97, the Upper- and Lower-Region Regulations Committees of the 
Mississippi Flyway Council recommended the season length in the 
``liberal'' package be 51 days instead of 50 days. The Central Flyway 
Council

[[Page 37999]]

recommended the season length in the ``liberal'' package be 67 days.
    Public-Hearing Comments: Mr. Joe Kramer, Chairman of the Central 
Flyway Council, urged the Service to adopt the Council's proposal to 
increase the season length from 60 to 67 days in the ``liberal'' 
alternative.
    Written Comments: The Texas Parks and Wildlife Department also 
urged a change from 60 to 67 days in the ``liberal'' alternative for 
the Central Flyway.
    The Kansas Department of Wildlife and Parks also recommended that 
the ``liberal'' alternative for the Central Flyway provide 67 days of 
duck hunting. Kansas believes that they are ``locked into'' an 
unnecessarily restrictive regulation without any recourse for 
addressing the problem.
    The Wyoming Game and Fish Department supports extending the season 
from 60 to 67 days under the ``liberal'' alternative for the Central 
Flyway. Wyoming feels that the current regulatory options will be used 
for an indefinite number of years and that postponing an appropriate 
correction to season length is unacceptable.
    The Minnesota Department of Natural Resources supports the 
Mississippi Flyway Council proposal to increase the season length in 
the ``liberal'' alternative by one day.
    The Illinois Department of Natural Resources also supports the 
Mississippi Flyway Council proposal to increase the ``liberal'' 
alternative season length by one day. Illinois believed this minor 
change would provide additional weekend hunting opportunity without 
adverse impact.
    Service Response: The Service believes that any modifications to 
season length under the three regulatory alternatives must be 
approached carefully, with due consideration to differences among 
Flyways. Current differences in season length among the Flyways are 
predicated on historic (ca. 1950) patterns of duck abundance and hunter 
activity, with longer seasons available to Flyways with relatively more 
ducks and fewer hunters. The Service believes that a thorough review of 
Flyway differences in season lengths is needed and is seeking technical 
guidance from the Flyway Councils, the AHM working group, and others. 
Current differences in hunter activity and duck abundance, as well as 
the origin and status of duck stocks contributing to each Flyway, 
should be investigated using modern data and analytical techniques. 
Until such analyses are available, the Service is concerned that 
changes in season lengths contained in the regulatory alternatives 
could alter the allocation of harvest in unpredictable, undesirable or 
inappropriate ways. Therefore, the Service prefers to approach all 
proposed changes to season length, regardless of the number of days 
involved, in a systematic and comprehensive manner.

E. Bag Limits

    Council Recommendations: The Upper- and Lower-Region Regulations 
Committees of the Mississippi Flyway Council and the Central Flyway 
Council recommended the redhead daily bag limit in the ``liberal'' 
package be 2 birds instead of 1.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council also recommended the overall daily bag limit in the ``liberal'' 
package be 6 birds instead of 5, and within this overall limit, the 
daily bag limit for mottled ducks be 4 instead of 3; and the limit for 
ringnecks, scaup, goldeneyes, and buffleheads be 4 instead of 5. Limits 
for black ducks, pintails, wood ducks, and canvasbacks would be the 
same as in 1995.
    Public-Hearing Comments: Mr. Joe Kramer, Chairman of the Central 
Flyway Council, expressed support for the Service's proposal to 
increase the redhead limit from 1 to 2 under the ``liberal'' 
alternative.
    The Minnesota Department of Natural Resources also supports the 
Service's proposal to allow a second redhead in the daily bag under the 
Central and Mississippi Flyways ``liberal'' alternative.
    Written Comments: The Massachusetts Division of Fisheries and 
Wildlife recommended any ``liberal'' regulatory package delete the hen 
mallard restriction in the Atlantic Flyway.
    The Michigan Department of Natural Resources supports the Service's 
proposal to allow a second redhead in the daily bag under the 
``liberal'' alternative for the Central and Mississippi Flyways. 
Michigan also requested the rationale for allowing an additional duck 
in the daily bag limit of the ``liberal'' alternative for the Pacific 
Flyway.
    Service Response: The Service concurs with the recommendations to 
increase the bag limit of redheads from 1 to 2 in the ``liberal'' 
alternative of the Central and Mississippi Flyways. However, the 
Service cannot support the proposal of the Lower-Region Regulations 
Committee of the Mississippi Flyway Council to increase the overall bag 
limit in the ``liberal'' alternative from 5 to 6 in order to provide 
additional hunting opportunity on several abundant species. The Service 
believes that major changes to the regulatory alternatives should be 
addressed in a deliberate and comprehensive manner. Historic efforts at 
species-specific management have been predicated largely on the 
assumptions that: (a) mallard harvest rates can be used as a standard 
by which to judge the appropriateness of harvest rates for other 
species; (b) target stocks of ducks can be isolated in time or space, 
or that hunters can shoot selectively; and (c) that management costs 
are largely fixed whether managing one stock or many. Recent 
information has led the Service to question the validity of these 
assumptions. The Service believes that a number of issues must be 
addressed prior to major reforms in species-specific harvest 
strategies: (1) how much must species or populations differ in terms of 
their population dynamics to warrant differential harvest regulations? 
(2) what are the relative costs and benefits of managing individual 
duck stocks? (3) what is the ability of hunters to harvest selectively? 
and (4) do hunters prefer the maximum hunting opportunity afforded by 
complex regulations or simpler hunting regulations that offer less 
hunting opportunity? The Service awaits further guidance from the 
Councils and the AHM technical working group before considering 
significant changes to species-specific bag limits.
    The Service acknowledges that liberal hunting regulations in the 
Atlantic Flyway historically had no sex-specific conventional bag 
limits for mallards (although there were hen restrictions for States 
using the point system). However, the Service believes that it is 
premature to remove hen restrictions that have been in effect in the 
Atlantic Flyway since 1985. The role of sex-specific bag limits in 
regulating mallard harvest, total mortality, and recruitment is 
uncertain. Further investigation of the potential consequences of 
eliminating hen restrictions on mallards is necessary before 
considering fundamental changes in sex-specific bag limits of mallards. 
The Service also urges the Atlantic Flyway Council to begin development 
of a harvest-management objective for mallards breeding in eastern 
North America so that the implications of changes in hen bag limits can 
be assessed.
    The Service is allowing a 7-duck daily bag limit in the Pacific 
Flyway ``liberal'' alternative, representing a 1-duck increase compared 
to the 1995 ``liberal'' alternative. The Service agreed to this change 
because the Pacific Flyway had a 7-duck bag limit during the 1979-84 
period, which provided the basis for

[[Page 38000]]

season lengths and bag limits under the current ``liberal'' 
alternative. Mallard harvest rates realized with a 7-duck daily bag 
limit in the Pacific Flyway are accounted for within the AHM framework 
and are consistent with current resource status.
    Regarding the final regulatory alternatives, the Service notes that 
the daily bag limit for redheads in the Pacific Flyway's overall daily 
bag limit was inadvertently omitted from the proposed regulatory 
alternatives in the June 14, 1996, Federal Register. Consistent with 
the Pacific Flyway frameworks established last year (September 27, 
1995, Federal Register), a daily bag limit of 2 redheads is reflected 
in the final regulatory alternatives.

F. Zones and Split Seasons

    In 1990, the Service established guidelines for the use of zones 
and split seasons for duck hunting (Federal Register 55 FR 38901). 
These guidelines were based upon a cooperative review and evaluation of 
the historical use of zone/split options. The Service reiterated 1977 
criteria that the primary purpose of these options would be to provide 
more equitable distribution of harvest opportunity for hunters 
throughout a State. In 1977, the Service had also stated that these 
regulations should not substantially change the pattern of harvest 
distribution among States within a Flyway, nor should these options 
detrimentally change the harvest distribution pattern among species or 
populations at either the State or Flyway level. The 1990 review did 
not show that the proliferation of these options had increased harvest 
pressure; however, the ability to detect the impact of zone/split 
configurations was poor because of poorly chosen response variables, 
the lack of statistical tests to differentiate between real and 
perceived changes, and the absence of adequate experimental controls. 
Therefore, the 1990 strategy intended to provide a framework for 
controlling the proliferation of changes in zone/split options and 
limited changes to 5-year intervals. The first open season for changes 
was in 1991 and the second occurs this year when zone/split 
configurations will be established for the 1996-2000 period.
    Council Recommendations: The Flyway Councils made several 
recommendations on the Service's proposed guidelines on the use of 
zones and split seasons for duck hunting. The Service published these 
guidelines in the March 22, 1996, Federal Register.
    The Central Flyway Council recommended non-contiguous zones be 
allowed when supported by adequate justification. The Council also made 
several recommendations regarding the use of additional days in the 
High Plains Management Unit. The Council recommended the restrictions 
``must be consecutive'' and ``after the regular duck season'' be 
removed from the proposed guidelines. Further, the Council recommended 
additional days in the management unit be restricted to one split 
(i.e., 2 segments).
    The Pacific Flyway Council recommended the guidelines for zones 
allow identical season dates and/or different zoning configurations 
with different regulatory packages.
    Regarding Flyway Council recommendation for specific changes 
requested by States, the Atlantic Flyway Council recommended the State 
of Maine be granted a waiver for its proposed zoning option for 1996-
2000. The Upper-Region Regulations Committee of the Mississippi Flyway 
Council recommended the Service approve changes to zone-boundary 
configurations proposed by Illinois, Indiana, Michigan, and Wisconsin 
for the 1996-2000 period. The Central Flyway Council recommended the 
Service approve Nebraska's duck hunting zone proposal. The Pacific 
Flyway Council recommended the Service approve duck zone changes in 
Arizona, Nevada, Oregon, and Utah for the 1996-2000 period.
    Written Comments: The Nebraska Game and Parks Commission and the 
Kansas Department of Wildlife and Parks recommended the restrictions 
``must be consecutive'' and ``after the regular duck season'' be 
removed from the proposed guidelines on the use of additional days in 
the High Plains Management Unit. Both noted these requirements were new 
and seemed unnecessary.
    Nebraska also recommended the addition of a provision allowing the 
use of non-contiguous zones when supported by strong justification. The 
Wyoming Game and Fish Department also requested a variance from the 
contiguous-boundary criterion, stating that the current zoning 
guidelines do not seem to contain the flexibility needed to address the 
considerable variation in hunting opportunity associated with the 
diverse physiographic regions found in many Rocky Mountain States.
    Service Response: For the 1996 open season, the Service proposed in 
the March 22, 1996, Federal Register use of the existing 1990 
guidelines, with an exception for the handling of special management 
units. The Service proposed to delete the following from the 1990 
guidelines:
    Special Management Unit Limitation: Within existing Flyway 
boundaries, States may not zone and/or use a 3-way split season 
simultaneously within a special management unit and the remainder of 
the State.
    The Service proposed this change with the understanding that the 
additional days allowed for a management unit must be consecutive and, 
for the Central Flyway, be held both after the Saturday nearest 
December 10 and after the regular duck season. In the June 13, 1996, 
Federal Register, the Service proposed an additional special provision 
for management units: For the States that have a recognized management 
unit and include a non-management unit portion, an independent 2-way 
split season with no zones can be selected for the management unit. The 
remainder of the State in the non-management unit portion can be zoned/
split according to established guidelines.
    Regarding the Central Flyway Council recommendation that the 
criteria ``must be consecutive'' and ``after the regular duck season'' 
be removed from the guidelines on the use of additional High Plains 
Management Unit days, the Service stated in the June 13 Federal 
Register that the restrictions regarding the use of additional days 
should remain as proposed.
    Regarding Flyway Council recommendations to alter the definition 
and interpretation of a ``zone'' that would allow the establishment of 
hunting areas with non-contiguous boundaries or concurrent seasons, the 
Service stated in the June 13 Federal Register that it believes the 
definition/interpretations previously used are still appropriate. 
However, after further review, the Service now believes that the 
requirement for different season dates among zones can be removed 
without detriment to the objectives of the guidelines for use of zones/
split seasons for duck hunting. This change will allow States 
additional flexibility in addressing differences in physiography, 
climate, etc. within a State.
    The following zone/split-season guidelines apply only for the 
regular duck season:
    1. A zone is a geographic area or portion of a State, with a 
contiguous boundary, for which independent dates may be selected for 
the regular duck season.
    2. Consideration of changes for management-unit boundaries are not 
subject to the guidelines and provisions governing the use of zones and 
split seasons for ducks.

[[Page 38001]]

    3. Only minor (less than a county in size) boundary changes will be 
allowed for any grandfather arrangement, and changes are limited to the 
open season.
    4. Once a zone/split option is selected during an open season, it 
must remain in place for the following 5 years.
    For the 1996-2000 period, any State may continue the configuration 
used in 1991-1995. If changes are made, the zone/split-season 
configuration must conform to one of the following options:
    1. Three zones with no splits,
    2. Split seasons (no more than 3 segments) with no zones, or
    3. Two zones with the option for 2-way split seasons in one or both 
zones.
    At the end of 5 years after any changes in splits or zones, States 
will be required to provide the Service with a review of pertinent data 
(e.g., estimates of harvest, hunter numbers, hunter success, etc.). 
This review does not have to be the result of a rigorous experimental 
design, but nonetheless should assist the Service in ascertaining 
whether major undesirable changes in harvest or hunter activity 
occurred as a result of split and zone regulations. The next open 
season for changes in zone/split configurations will be 2001.
    Using the above revised guidelines, the Service reviewed specific 
proposals for zoning changes submitted to date, including those 
recommended by the Flyway Councils and those proposed by the various 
States. Proposals by the States of Arizona, Illinois, Kentucky, Maine 
(boundary change), Michigan, Mississippi, Montana, Nebraska (Low Plains 
Zone boundary changes), Nevada, Oregon, South Dakota, Utah, Wisconsin, 
and Wyoming were within the established guidelines and are approved for 
the 1996-2000 period. Proposals by the States of Indiana, Kansas, Maine 
(creation of third zone), and Nebraska (creation of new zone) did not 
comply with the revised guidelines and the Service requests these 
States revise their proposals accordingly.

G. Special Seasons/Species Management

    i. Canvasbacks
    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council recommended canvasback regulations 
fluctuate within the regulations packages commensurate with model 
predictions, breeding-population indices, and habitat conditions.
    Public-Hearing Comments: Mr. Joe Kramer, Chairman of the Central 
Flyway Council, expressed support for the Service's canvasback harvest 
strategy.
    Written Comments: The Texas Parks and Wildlife Department asked the 
Service to consider an additional canvasback in the daily bag if the 
resulting harvest would not exceed that provided under current modeling 
procedures.
    Service Response: The Service implemented an interim harvest-
management strategy for canvasbacks in 1994. The Service allows one 
canvasback in the daily bag in all four Flyways as long as the harvest 
is not expected to exceed the ``harvestable surplus.'' This surplus is 
the number of canvasbacks that could be taken by hunters while 
maintaining a subsequent breeding population of at least 500,000. 
Calculation of the harvestable surplus is based on breeding population 
size, predicted production during the current year, and expected rates 
of natural mortality and crippling loss. The Service believes that it 
has insufficient experience with this harvest strategy and that 
proposed modifications are premature. The Service also notes the high 
harvest potential for this species and is concerned that an overly 
aggressive harvest strategy could precipitate a return to closed 
seasons. The Service will continue to monitor canvasback harvests and 
population status and may be willing to consider modifications in the 
future.
    ii. Pintails
    Council Recommendations: The Central Flyway Council recommended a 
harvest strategy for pintails based on the breeding population size. 
The pintail daily bag limit would be 1 with a pintail breeding 
population below 3.0 million; 2 with a breeding population between 3.0 
and 4.5 million; 3 with a breeding population between 4.5 and 5.6 
million; and equal to the overall daily bag limit with a breeding 
population above 5.6 million.
    The Pacific Flyway Council recommended guidelines for the 1996-97 
Pacific Flyway pintail harvest regulations based on a prescriptive 
basis. A matrix of breeding population size from a subset of survey 
strata association with the Pacific Flyway breeding population and the 
numbers of prairie ponds counted during the May survey would determine 
bag limits.
    Written Comments: The Texas Parks and Wildlife Department urged the 
Service to adopt the Central Flyway's proposal for a pintail harvest 
strategy.
    Service Response: The Service is supportive of any attempt at a 
more objective approach to pintail harvest regulations. However, the 
Service believes that a more deliberate and careful assessment is 
needed before considering changes in harvest strategies, particularly 
in light of pintail population status and the harvest liberalization 
that occurred in 1994 and again during the 1995-96 season. Such an 
assessment would include, among other things, explicit harvest-
management objectives, comprehensive model development for continental 
pintails, and a consideration of the regulatory constraints imposed by 
the adaptive harvest strategy for mid-continent mallards. The Service 
currently is working with the Pacific Flyway Council Study Committee, 
the Cooperative Fish and Wildlife Research Units, and other interested 
parties to ensure that such an assessment is forthcoming. To that end, 
the Service and the National Biological Service have agreed to provide 
funding that in total exceeds $65,000. The Service is hopeful that 
additional funding can be made available from the States and other 
organizations to complete development of population models and an 
acceptable adaptive harvest strategy for pintails.
    iii. September Teal Seasons
    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended a 5-day experimental 
September teal season be offered to the production States of Iowa, 
Michigan, Minnesota, and Wisconsin for a 3-year period. The Committee 
recommended a daily bag limit of 4 teal with sunrise to sunset shooting 
hours.
    The Central Flyway Council recommended a harvest strategy of 
linking regulatory packages developed for the September teal season 
with those developed for the regular duck season under the AHM process. 
For 1996, the Council recommended either a ``restrictive'' package of 5 
days with a daily bag limit of 3 teal, a ``moderate'' package of 9 days 
with a daily bag limit of 4 teal, or a ``liberal'' package of 16 days 
with a daily bag limit of 5 teal.
    Public-Hearing Comments: Mr. Joe Kramer representing the Central 
Flyway Council indicated that the Central and Mississippi Flyway 
Councils would complete a more comprehensive harvest approach for 
special teal seasons by March 1997.
    Service Response: The Service previously determined in the 
Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (SEIS 88) 
that proposals for expansion of existing special regulations require a 
comprehensive evaluation plan containing study objectives, experimental 
design, decision criteria, and identification of data needs. The 
Service believes that the proper approach for permitting experimental 
expansions would be to design a

[[Page 38002]]

comprehensive study that would evaluate the cumulative impacts of all 
teal-season hunting opportunities, in both production and non-
production States, on teal and other ducks. The proposals recommended 
by the Flyways are disjunct, with one containing an evaluation plan 
(Mississippi Flyway) and the other (Central Flyway) absent one. As 
such, these proposals represent a fragmented approach to expanding and 
evaluating teal-season hunting opportunities, which is inconsistent 
with the desire of the Service. Future consideration by the Service of 
any proposal to expand teal-season hunting opportunities will take into 
account the evaluation plan, the manpower and funding requirements 
necessary to implement the plan, and the priority of this issue 
relative to other Service programs.
    iv. September Duck Seasons
    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended Iowa be allowed to hold up 
to 5 days of its regular duck hunting season in September, starting no 
earlier than the Saturday nearest September 14. The remainder of the 
Iowa regular duck season could begin no earlier than October 10.
    Service Response: The Service previously determined in SEIS 88 that 
the extension of framework dates into September for Iowa's September 
duck season was a type of special season. The original evaluation of 
this season suggested little impact on duck species other than teal. 
However, the Service notes that the original evaluation did not include 
information from the periods requested in the proposal, so inferences 
about effects of the proposed changes on duck populations are not 
clear. More importantly, the Service believes that mixed-species 
special seasons (as defined in the context of SEIS 88) are not a 
preferred management approach, and does not wish to entertain 
refinements to this season or foster expansions of this type of season 
into other States.

4. Canada Geese

A. Special Seasons

    Council Recommendations: The Atlantic Flyway Council recommended 
the frameworks for September Canada goose seasons in the Atlantic 
Flyway be modified as follows:
    September 1-15: Montezuma region of New York, Lake Champlain region 
of New York and Vermont, Maryland (Caroline, Cecil, Dorchester, and 
Talbot Counties), South Carolina, and Delaware.
    September 1-20: North Carolina (Currituck, Camden, Pasquotank, 
Perquimans, Chowan, Bertie, Washington, Tyrrell, Dare, and Hyde 
Counties).
    September 1-30: New Jersey and remaining portion of North Carolina.
    September 1-25: Remaining portion of Flyway, except Georgia and 
Florida.
    The Lower-Region Regulations Committee of the Mississippi Flyway 
Council recommended the Service continue to closely monitor the impacts 
of early Canada goose seasons, including both special seasons and 
September openings of regular seasons, to insure that cumulative 
impacts do not adversely affect migrant Canada geese and to insure that 
special seasons adhere to the criteria established by the Service.
    The Upper-Region Regulations Committee of the Mississippi Flyway 
Council, the Central Flyway Council, and the Pacific Flyway Council 
made several September Canada goose seasons recommendations. All of the 
recommendations were within the established criteria for special Canada 
goose seasons published in the August 29, 1995, Federal Register (60 FR 
45020).
    Written Comments: The Massachusetts Division of Fisheries and 
Wildlife supported extending the frameworks for September Canada goose 
seasons in the Atlantic Flyway to September 25.
    Service Response: The Service agrees with the Atlantic Flyway's 
request to modify the frameworks for special early Canada goose seasons 
in the Atlantic Flyway and is proposing to grant the Atlantic Flyway a 
temporary exemption to the special early Canada goose season criteria. 
Specifically, the Service is proposing to allow States in the Atlantic 
Flyway to extend the framework closing date from September 15 to 
September 25, except in certain areas where migrant geese are known to 
arrive early. The Service is proposing this temporary exemption because 
of the suspension of the regular season on Atlantic Population Canada 
geese and the Flyway's need for greater flexibility in dealing with 
increasing numbers of resident Canada geese. The exemption is proposed 
to remain in effect until the regular season on migrant Canada geese is 
reinstated.
    Generally, the Service agrees with the Council's recommended 
framework modifications. For seasons extending beyond September 25, 
however, the Service proposes to classify these as experimental. 
Additionally, in view of the reinstatement of existing criteria when 
regular seasons on Canada geese are reinstated in the Flyway, the 
Service encourages all States selecting framework dates after September 
15 to continue with data-gathering and monitoring efforts in order to 
further evaluate whether any proportional changes in the harvest of 
migrant geese do occur.

B. Regular Seasons

    Council Recommendations: The Upper-Region Regulations Committee of 
the Mississippi Flyway Council recommended a September 21 framework 
opening date for the regular goose season in the Upper Peninsula of 
Michigan and statewide in Wisconsin.
    The Pacific Flyway Council reiterated its 1995 recommendation that 
Alaska, Oregon, and Washington take actions to reduce the harvest of 
dusky Canada geese.
    Service Response: Regarding the Pacific Flyway Council's 
recommendation, the Service recognizes the need for this and proposes 
to establish uniform criteria to measure the harvest of dusky Canada 
geese in Washington's and Oregon's Quota Zones. The Service solicits 
input from the Council and other parties in the development of these 
criteria for the 1996-97 season.

9. Sandhill Cranes

    Council Recommendations: The Central Flyway Council recommended 
Wyoming's sandhill crane hunt area expand to include Park and Big Horn 
Counties.
    The Pacific Flyway Council recommended season modifications in 
Montana and Wyoming. In Montana, the Council recommended a new hunt 
zone in the Ovando-Helmville area. In Wyoming, the Council recommended 
expanding the season from 3 to 8 days, increasing the number of 
permits, and establishing a new hunt zone in Park and Big Horn 
Counties.

14. Woodcock

    The Service is increasingly concerned about the gradual long-term 
declines in woodcock populations in the Eastern and Central management 
regions. Although habitat changes appear to be the primary cause of the 
declines, the Service believes that hunting regulations should be 
commensurate with the woodcock population status and rates of declines. 
The Service seeks active participation by the Atlantic and Mississippi 
Flyway Councils in the development of short and long-term woodcock 
harvest management strategies, which identify the circumstances under 
which additional

[[Page 38003]]

harvest restrictions should be implemented and what those restrictions 
should be.

18. Alaska

    Council Recommendations: The Pacific Flyway Council recommended the 
establishment of separate basic limits for geese. For dark geese, the 
Council recommended a basic daily bag limit of 4, with 8 in possession. 
For light geese, the Council recommended a daily bag limit of 3, with 6 
in possession. The proposed limits would be subject to area 
restrictions for Canada geese and limits for brant and emperor geese 
would remain separate.

Public Comment Invited

    The Service intends that adopted final rules be as responsive as 
possible to all concerned interests, and wants to obtain the comments 
and suggestions from all interested areas of the public, as well as 
other governmental agencies. Such comments, and any additional 
information received, may lead to final regulations that differ from 
these proposals. However, special circumstances involved in the 
establishment of these regulations limit the amount of time the Service 
can allow for public comment. Specifically, two considerations compress 
the time in which the rulemaking process must operate: (1) the need to 
establish final rules at a point early enough in the summer to allow 
affected State agencies to appropriately adjust their licensing and 
regulatory mechanisms; and (2) the unavailability, before mid-June, of 
specific, reliable data on this year's status of some waterfowl and 
migratory shore and upland game bird populations. Therefore, the 
Service believes allowing comment periods past the dates specified is 
contrary to public interest.

Comment Procedure

    It is the policy of the Department of the Interior to afford the 
public an opportunity to participate in the rulemaking process, 
whenever practical. Accordingly, interested persons may participate by 
submitting written comments to the Chief, MBMO, at the address listed 
under the caption ADDRESSES. The public may inspect comments during 
normal business hours at the Service's office address listed under the 
caption ADDRESSES. The Service will consider all relevant comments 
received and will try to acknowledge received comments, but may not 
provide an individual response to each commenter.

NEPA Consideration

    NEPA considerations are covered by the programmatic document, 
``Final Supplemental Environmental Impact Statement: Issuance of Annual 
Regulations Permitting the Sport Hunting of Migratory Birds (FSES 88-
14),'' filed with EPA on June 9, 1988. The Service published a Notice 
of Availability in the June 16, 1988, Federal Register (53 FR 22582). 
The Service published its Record of Decision on August 18, 1988 (53 FR 
31341). Copies of these documents are available from the Service at the 
address indicated under the caption ADDRESSES.

Endangered Species Act Consideration

    As in the past, the Service will design hunting regulations to 
remove or alleviate chances of conflict between migratory game bird 
hunting seasons and the protection and conservation of endangered and 
threatened species. Consultations are presently under way to ensure 
that actions resulting from these regulatory proposals will not likely 
jeopardize the continued existence of endangered or threatened species 
or result in the destruction or adverse modification of their critical 
habitat. Findings from these consultations will be included in a 
biological opinion and may cause modification of some regulatory 
measures proposed in this document. The final frameworks will reflect 
any modifications. The Service's biological opinions resulting from its 
Section 7 consultation are public documents available for public 
inspection in the Service's Division of Endangered Species and MBMO, at 
the address indicated under the caption ADDRESSES.

Regulatory Flexibility Act; Executive Order (E.O.) 12866 and the 
Paperwork Reduction Act

    In the March 22, 1996, Federal Register, the Service reported 
measures it took to comply with requirements of the Regulatory 
Flexibility Act and E.O. 12866. One measure was to prepare a Small 
Entity Flexibility Analysis (Analysis) in 1995 documenting the 
significant beneficial economic effect on a substantial number of small 
entities. The Analysis estimated that migratory bird hunters would 
spend between $258 and $586 million at small businesses. Copies of the 
Analysis are available upon request from the Office of Migratory Bird 
Management. This rule was not subject to review by the Office of 
Management and Budget under E.O. 12866.
    The Service examined these proposed regulations under the Paperwork 
Reduction Act of 1995 and found no information collection requirements.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.
    The rules that eventually will be promulgated for the 1996-97 
hunting season are authorized under 16 U.S.C. 703-711, 16 U.S.C. 712, 
and 16 U.S.C. 742 a-j.

    Dated: July 10, 1996
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.

Proposed Regulations Frameworks for 1996-97 Early Hunting Seasons 
on Certain Migratory Game Birds

    Pursuant to the Migratory Bird Treaty Act and delegated 
authorities, the Department of the Interior approved the following 
proposed frameworks which prescribe season lengths, bag limits, 
shooting hours, and outside dates within which States may select for 
certain migratory game birds between September 1, 1996, and March 10, 
1997.

General

    Dates: All outside dates noted below are inclusive.
    Shooting and Hawking (taking by falconry) Hours: Unless otherwise 
specified, from one-half hour before sunrise to sunset daily.
    Possession Limits: Unless otherwise specified, possession limits 
are twice the daily bag limit.
    Area, Zone, and Unit Descriptions: Geographic descriptions are 
contained in a later portion of this document.

Special September Teal Season

    Outside Dates: Between September 1 and September 30, an open season 
on all species of teal may be selected by Alabama, Arkansas, Colorado 
(Central Flyway portion only), Illinois, Indiana, Kansas, Kentucky, 
Louisiana, Mississippi, Missouri, New Mexico (Central Flyway portion 
only), Ohio, Oklahoma, Tennessee, and Texas in areas delineated by 
State regulations.
    Hunting Seasons and Daily Bag Limits: Not to exceed 9 consecutive 
days, with a daily bag limit of 4 teal.
    Shooting Hours: One-half hour before sunrise to sunset, except in 
Arkansas, Illinois, Indiana, Missouri, and Ohio, where the hours are 
from sunrise to sunset.

[[Page 38004]]

Special September Duck Seasons

    Florida: An experimental 5-consecutive-day season may be selected 
in September. The daily bag limit may not exceed 4 teal and wood ducks 
in the aggregate.
    Kentucky and Tennessee: In lieu of a special September teal season, 
an experimental 5-consecutive-day season may be selected in September. 
The daily bag limit may not exceed 4 teal and wood ducks in the 
aggregate, of which no more than 2 may be wood ducks.
    Iowa: Iowa may hold up to 5 days of its regular duck hunting season 
in September. All ducks which are legal during the regular duck season 
may be taken during the September segment of the season. The September 
season segment may commence no earlier than the Saturday nearest 
September 20 (September 21, 1996), with daily bag and possession limits 
being the same as those in effect last year. The remainder of the 
regular duck season may not begin before October 15.

Scoter, Eider, and Oldsquaw Ducks (Atl
FR Doc. 96-18430 Migratory Bird Hunting; Proposed Frameworks for Early-Season Migratory Bird Hunting Regulations
antic Flyway)

    Outside Dates: Between September 15 and January 20.
    Hunting Seasons and Daily Bag Limits: Not to exceed 107 days, with 
a daily bag limit of 7, singly or in the aggregate of the listed sea-
duck species, of which no more than 4 may be scoters.
    Daily Bag Limits During the Regular Duck Season: Within the special 
sea duck areas, during the regular duck season in the Atlantic Flyway, 
States may choose to allow the above sea duck limits in addition to the 
limits applying to other ducks during the regular duck season. In all 
other areas, sea ducks may be taken only during the regular open season 
for ducks and must be included in the regular duck season daily bag and 
possession limits.
    Areas: In all coastal waters and all waters of rivers and streams 
seaward from the first upstream bridge in Maine, New Hampshire, 
Massachusetts, Rhode Island, Connecticut, and New York; in any waters 
of the Atlantic Ocean and in any tidal waters of any bay which are 
separated by at least 1 mile of open water from any shore, island, and 
emergent vegetation in New Jersey, South Carolina, and Georgia; and in 
any waters of the Atlantic Ocean and in any tidal waters of any bay 
which are separated by at least 800 yards of open water from any shore, 
island, and emergent vegetation in Delaware, Maryland, North Carolina 
and Virginia; and provided that any such areas have been described, 
delineated, and designated as special sea-duck hunting areas under the 
hunting regulations adopted by the respective States.

Special Early Canada Goose Seasons

Atlantic Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected for the Montezuma Region of New York; the Lake Champlain 
Region of New York and Vermont; the Counties of Caroline, Cecil, 
Dorchester, and Talbot in Maryland; Delaware; and Crawford County in 
Pennsylvania. Seasons not to exceed 20 days during September 1-20 may 
be selected for the Northeast Hunt Unit of North Carolina. Seasons may 
not exceed 25 days during September 1-25 in the remainder of the 
Flyway, except Georgia and Florida, where the season is closed. Areas 
open to the hunting of Canada geese must be described, delineated, and 
designated as such in each State's hunting regulations.
    Daily Bag Limits: Not to exceed 5 Canada geese.
Experimental Seasons
    Experimental Canada goose seasons of up to 30 days during September 
1-30 may be selected by New Jersey, North Carolina (except in the 
Northeast Hunt Unit), and South Carolina. Areas open to the hunting of 
Canada geese must be described, delineated, and designated as such in 
each State's hunting regulations.
    Daily Bag Limits: Not to exceed 5 Canada geese.

Mississippi Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected by Illinois, Indiana, Iowa, Michigan (except in the Upper 
Peninsula, where the season may not extend beyond September 10, and in 
Huron, Saginaw and Tuscola Counties, where no special season may be 
held), Minnesota, Missouri, Ohio, Tennessee, and Wisconsin. The daily 
bag limit may not exceed 5 Canada geese. Areas open to the hunting of 
Canada geese must be described, delineated, and designated as such in 
each State's hunting regulations.

Central Flyway

General Seasons
    Canada goose seasons of up to 15 days during September 1-15 may be 
selected by South Dakota. The daily bag limit may not exceed 5 Canada 
geese. Areas open to the hunting of Canada geese must be described, 
delineated, and designated as such in each State's hunting regulations.

Pacific Flyway

General Seasons
    Wyoming may select an 8-day season on Canada geese between 
September 1-15. This season is subject to the following conditions:
    1. Where applicable, the season must be concurrent with the 
September portion of the sandhill crane season.
    2. All participants must have a valid State permit for the 
special season.
    3. A daily bag limit of 2, with season and possession limits of 
6 will apply to the special season.
    Oregon may select a special Canada goose season of up to 15 days 
during the period September 1-15. Daily bag limits not to exceed 3 
Canada geese with 6 in possession.
    Washington may select a special Canada goose season of up to 15 
days during the period September 1-15. Daily bag limits not to exceed 3 
Canada geese with 6 in possession.
    Idaho may select a 15-day season in the special East Canada Goose 
Zone as described in State regulations during the period September 1-
15. All participants must have a valid State permit and the total 
number of permits issued is not to exceed 110 for this zone. The daily 
bag limit is 2 and the possession limit is 4.
    Idaho may select a 7-day Canada Goose Season during the period 
September 1-15 in Nez Perce County with a bag limit of 4 and a 
possession limit of 8. All participants must have a valid State permit 
and the total number of permits is not to exceed 200 for the season in 
Nez Perce County.
    Areas open to hunting of Canada geese in each State must be 
described, delineated, and designated as such in each State's hunting 
regulations.

Regular Goose Seasons

    Regular goose seasons in Wisconsin and the Upper Peninsula of 
Michigan may open as early as September 21. Season lengths and bag and 
possession limits will be the same as those in effect last year but are 
subject to change during the late-season regulations process.

Sandhill Cranes

Regular Seasons in the Central Flyway:

    Outside Dates: Between September 1 and February 28.
    Hunting Seasons: Seasons not to exceed 58 consecutive days may be 
selected in designated portions of the following States: Colorado, 
Kansas, Montana, North Dakota, South Dakota, and Wyoming. Seasons not 
to exceed 93 consecutive days may be selected in designated portions of 
the following

[[Page 38005]]

States: New Mexico, Oklahoma, and Texas.
    Daily Bag Limits: 3 sandhill cranes.
    Permits: Each person participating in the regular sandhill crane 
seasons must have a valid Federal sandhill crane hunting permit in 
their possession while hunting.

Special Seasons in the Central and Pacific Flyways:

    Arizona, Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming 
may select seasons for hunting sandhill cranes within the range of the 
Rocky Mountain Population subject to the following conditions:
    Outside Dates: Between September 1 and January 31.
    Hunting Seasons: The season in any State or zone may not exceed 30 
days.
    Bag limits: Not to exceed 3 daily and 9 per season.
    Permits: Participants must have a valid permit, issued by the 
appropriate State, in their possession while hunting.
    Other provisions: Numbers of permits, open areas, season dates, 
protection plans for other species, and other provisions of seasons 
must be consistent with the management plan and approved by the Central 
and Pacific Flyway Councils. Seasons in Montana and the Park-Big Horn 
Unit in Wyoming are experimental.

Common Moorhens and Purple Gallinules

    Outside Dates: Between September 1 and January 20 in the Atlantic 
Flyway, and between September 1 and the Sunday nearest January 20 
(January 19) in the Mississippi and Central Flyways. States in the 
Pacific Flyway have been allowed to select their hunting seasons 
between the outside dates for the season on ducks; therefore, they are 
late-season frameworks and no frameworks are provided in this document.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 70 
days in the Atlantic, Mississippi, and Central Flyways. Seasons may be 
split into 2 segments. The daily bag limit is 15 common moorhens and 
purple gallinules, singly or in the aggregate of the two species.

Rails

    Outside Dates: States included herein may select seasons between 
September 1 and January 20 on clapper, king, sora, and Virginia rails.
    Hunting Seasons: The season may not exceed 70 days, and may be 
split into 2 segments.
    Daily Bag Limits:
    Clapper and King Rails - In Rhode Island, Connecticut, New Jersey, 
Delaware, and Maryland, 10, singly or in the aggregate of the two 
species. In Texas, Louisiana, Mississippi, Alabama, Georgia, Florida, 
South Carolina, North Carolina, and Virginia, 15, singly or in the 
aggregate of the two species.
    Sora and Virginia Rails - In the Atlantic, Mississippi, and Central 
Flyways and the Pacific-Flyway portions of Colorado, Montana, New 
Mexico, and Wyoming, 25 daily and 25 in possession, singly or in the 
aggregate of the two species. The season is closed in the remainder of 
the Pacific Flyway.

Common Snipe

    Outside Dates: Between September 1 and February 28, except in 
Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia, 
where the season must end no later than January 31.
    Hunting Seasons and Daily Bag Limits: Seasons may not exceed 107 
days and may be split into two segments. The daily bag limit is 8 
snipe.

American Woodcock

    Outside Dates: States in the Atlantic Flyway may select hunting 
seasons between October 1 and January 31. States in the Central and 
Mississippi Flyways may select hunting seasons between September 1 and 
January 31.
    Hunting Seasons and Daily Bag Limits: In the Atlantic Flyway, 
seasons may not exceed 45 days, with a daily bag limit of 3; in the 
Central and Mississippi Flyways, seasons may not exceed 65 days, with a 
daily bag limit of 5. Seasons may be split into two segments.
    Zoning: New Jersey may select seasons in each of two zones. The 
season in each zone may not exceed 35 days.

Band-tailed Pigeons

Pacific Coast States (California, Oregon, Washington, and Nevada)

    Outside Dates: Between September 15 and January 1.
    Hunting Seasons and Daily Bag Limits: Not more than 9 consecutive 
days, with bag and possession limits of 2 and 2 band-tailed pigeons, 
respectively.
    Permit Requirement: The appropriate State agency must issue 
permits, and report on harvest and hunter participation to the Service 
by June 1 of the following year, or participate in the Migratory Bird 
Harvest Information Program.
    Zoning: California may select hunting seasons not to exceed 9 
consecutive days in each of two zones. The season in the North Zone 
must close by October 7.

Four-Corners States (Arizona, Colorado, New Mexico, and Utah)

    Outside Dates: Between September 1 and November 30.
    Hunting Seasons and Daily Bag Limits: Not more than 30 consecutive 
days, with a daily bag limit of 5 band-tailed pigeons.
    Permit Requirement: The appropriate State agency must issue 
permits, and report on harvest and hunter participation to the Service 
by June 1 of the following year, or participate in the Migratory Bird 
Harvest Information Program.
    Zoning: New Mexico may select hunting seasons not to exceed 20 
consecutive days in each of two zones. The season in the South Zone may 
not open until October 1.

Mourning Doves

    Outside Dates: Between September 1 and January 15, except as 
otherwise provided, States may select hunting seasons and daily bag 
limits as follows:

Eastern Management Unit (All States east of the Mississippi River, and 
Louisiana)

    Hunting Seasons and Daily Bag Limits: Not more than 70 days with a 
daily bag limit of 12, or not more than 60 days with a daily bag limit 
of 15.
    Zoning and Split Seasons: States may select hunting seasons in each 
of two zones. The season within each zone may be split into not more 
than three periods. The hunting seasons in the South Zones of Alabama, 
Florida, Georgia, Louisiana, and Mississippi may commence no earlier 
than September 20. Regulations for bag and possession limits, season 
length, and shooting hours must be uniform within specific hunting 
zones.

Central Management Unit (Arkansas, Colorado, Iowa, Kansas, Minnesota, 
Missouri, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South 
Dakota, Texas, and Wyoming)

    Hunting Seasons and Daily Bag Limits: Not more than 70 days with a 
daily bag limit of 12, or not more than 60 days with a daily bag limit 
of 15.
    Zoning and Split Seasons: States may select hunting seasons in each 
of two zones. The season within each zone may be split into not more 
than three periods. Texas may select hunting seasons for each of three 
zones subject to the following conditions:
    A. The hunting season may be split into not more than two periods, 
except

[[Page 38006]]

in that portion of Texas in which the special white-winged dove season 
is allowed, where a limited mourning dove season may be held 
concurrently with that special season (see white-winged dove 
frameworks).
    B. A season may be selected for the North and Central Zones between 
September 1 and January 25; and for the South Zone between September 20 
and January 25.
    C. Each zone may have a daily bag limit of 12 doves (15 under the 
alternative) in the aggregate, no more than 6 of which may be white-
winged doves and no more than 2 of which may be white-tipped doves, 
except that during the special white-winged dove season, the daily bag 
limit may not exceed 10 white-winged, mourning, and white-tipped doves 
in the aggregate, of which no more than 5 may be mourning doves and 2 
may be white-tipped doves.
    D. Except as noted above, regulations for bag and possession 
limits, season length, and shooting hours must be uniform within each 
hunting zone.

Western Management Unit (Arizona, California, Idaho, Nevada, Oregon, 
Utah, and Washington)

    Hunting Seasons and Daily Bag Limits: Idaho, Nevada, Oregon, Utah, 
and Washington - Not more than 30 consecutive days with a daily bag 
limit of 10 mourning doves (in Nevada, the daily bag limit may not 
exceed 10 mourning and white-winged doves in the aggregate).
    Arizona and California - Not more than 60 days which may be split 
between two periods, September 1-15 and November 1-January 15. In 
Arizona, during the first segment of the season, the daily bag limit is 
10 mourning and white-winged doves in the aggregate, of which no more 
than 6 may be white-winged doves. During the remainder of the season, 
the daily bag limit is restricted to 10 mourning doves. In California, 
the daily bag limit may not exceed 10 mourning and white-winged doves 
in the aggregate.

White-winged and White-tipped Doves

    Hunting Seasons and Daily Bag Limits:
    Except as shown below, seasons in Arizona, California, Florida, 
Nevada, New Mexico, and Texas must be concurrent with mourning dove 
seasons.
    Arizona may select a hunting season of not more than 30 consecutive 
days, running concurrently with the first segment of the mourning dove 
season. The daily bag limit may not exceed 10 mourning and white-winged 
doves in the aggregate, of which no more than 6 may be white-winged 
doves.
    In Florida, the daily bag limit may not exceed 12 mourning and 
white-winged doves (15 under the alternative) in the aggregate, of 
which no more than 4 may be white-winged doves.
    In the Nevada Counties of Clark and Nye, and in the California 
Counties of Imperial, Riverside, and San Bernardino, the daily bag 
limit may not exceed 10 mourning and white-winged doves in the 
aggregate.
    In New Mexico, the daily bag limit may not exceed 12 mourning and 
white-winged doves (15 under the alternative) in the aggregate.
    In Texas, the daily bag limit may not exceed 12 mourning, white-
winged, and white-tipped doves (15 under the alternative) in the 
aggregate, of which not more than 6 may be white-winged doves and not 
more than 2 may be white-tipped doves.
    In addition, Texas may also select a hunting season of not more 
than 4 days for the special white-winged dove area of the South Zone 
between September 1 and September 19. The daily bag limit may not 
exceed 10 white-winged, mourning, and white-tipped doves in the 
aggregate, of which no more than 5 may be mourning doves and 2 may be 
white-tipped doves.

Alaska

    Outside Dates: Between September 1 and January 26.
    Hunting Seasons: Alaska may select 107 consecutive days for 
waterfowl, sandhill cranes, and common snipe in each of five zones. The 
season may be split without penalty in the Kodiak Zone. The seasons in 
each zone must be concurrent.
    Closures: The season is closed on Canada geese from Unimak Pass 
westward in the Aleutian Island chain. The hunting season is closed on 
Aleutian Canada geese, emperor geese, spectacled eiders, and Steller's 
eiders.
    Daily Bag and Possession limits:
    Ducks - Except as noted, a basic daily bag limit of 7 and a 
possession limit of 21 ducks. Daily bag and possession limits in the 
North Zone are 10 and 30, and in the Gulf Coast Zone they are 8 and 24, 
respectively. The basic limits may include no more than 1 canvasback 
daily and 3 in possession.
    In addition to the basic limit, there is a daily bag limit of 15 
and a possession limit of 30 scoter, common and king eiders, oldsquaw, 
harlequin, and common and red-breasted mergansers, singly or in the 
aggregate of these species.
    Light Geese - A basic daily bag limit of 3 and a possession limit 
of 6.
    Dark Geese - A basic daily bag limit of 4 and a possession limit of 
8.
    Dark-goose seasons are subject to the following restrictions:
    1. In Units 9(e) and 18, the limits for Canada geese are 1 daily 
and 2 in possession.
    2. In Units 5 and 6, the taking of Canada geese is permitted 
from September 28 through December 16. Middleton Island is closed to 
the taking of Canada geese.
    3. In Unit 10 (except Unimak Island), the taking of Canada geese 
is prohibited.
    Brant - A daily bag limit of 2.
    Common snipe - A daily bag limit of 8.
    Sandhill cranes - A daily bag limit of 3.
    Tundra swans - Open seasons for tundra swans may be selected 
subject to the following conditions:
    1. No more than 300 permits may be issued in GMU 22, authorizing 
each permittee to take 1 tundra swan per season.
    2. No more than 500 permits may be issued during the operational 
season in GMU 18. No more than 1 tundra swan may be taken per 
permit.
    3. The seasons must be concurrent with other migratory bird 
seasons.
    4. The appropriate State agency must issue permits, obtain 
harvest and hunter-participation data, and report the results of 
this hunt to the Service by June 1 of the following year.

Hawaii

    Outside Dates: Between September 1 and January 15.
    Hunting Seasons: Not more than 60 days (70 under the alternative) 
for mourning doves.
    Bag Limits: Not to exceed 15 (12 under the alternative) mourning 
doves.
    Note: Mourning doves may be taken in Hawaii in accordance with 
shooting hours and other regulations set by the State of Hawaii, and 
subject to the applicable provisions of 50 CFR part 20.

Puerto Rico

Doves and Pigeons:

    Outside Dates: Between September 1 and January 15.
    Hunting Seasons: Not more than 60 days.
    Daily Bag and Possession Limits: Not to exceed 10 Zenaida, 
mourning, and white-winged doves in the aggregate. Not to exceed 5 
scaly-naped pigeons.
    Closed Areas: There is no open season on doves or pigeons in the 
following areas: Municipality of Culebra, Desecheo Island, Mona Island, 
El Verde Closure Area, and Cidra Municipality and adjacent areas.

Ducks, Coots, Moorhens, Gallinules, and Snipe:

    Outside Dates: Between October 1 and January 31.

[[Page 38007]]

    Hunting Seasons: Not more than 55 days may be selected for hunting 
ducks, common moorhens, and common snipe. The season may be split into 
two segments.
    Daily Bag Limits:
    Ducks - Not to exceed 5.
    Common moorhens - Not to exceed 6.
    Common snipe - Not to exceed 8.
    Closed Seasons: The season is closed on the ruddy duck, white-
cheeked pintail, West Indian whistling duck, fulvous whistling duck, 
and masked duck, which are protected by the Commonwealth of Puerto 
Rico. The season also is closed on the purple gallinule, American coot, 
and Caribbean coot.
    Closed Areas: There is no open season on ducks, common moorhens, 
and common snipe in the Municipality of Culebra and on Desecheo Island.

Virgin Islands

Doves and Pigeons:

    Outside Dates: Between September 1 and January 15.
    Hunting Seasons: Not more than 60 days for Zenaida doves.
    Daily Bag and Possession Limits: Not to exceed 10 Zenaida doves.
    Closed Seasons: No open season is prescribed for ground or quail 
doves, or pigeons in the Virgin Islands.
    Closed Areas: There is no open season for migratory game birds on 
Ruth Cay (just south of St. Croix).
    Local Names for Certain Birds: Zenaida dove, also known as mountain 
dove; bridled quail-dove, also known as Barbary dove or partridge; 
Common ground-dove, also known as stone dove, tobacco dove, rola, or 
tortolita; scaly-naped pigeon, also known as red-necked or scaled 
pigeon.

Ducks

    Outside Dates: Between December 1 and January 31.
    Hunting Seasons: Not more than 55 consecutive days.
    Daily Bag Limits: Not to exceed 5.
    Closed Seasons: The season is closed on the ruddy duck, white-
cheeked pintail, West Indian whistling duck, fulvous whistling duck, 
and masked duck.

Special Falconry Regulations

    Falconry is a permitted means of taking migratory game birds in any 
State meeting Federal falconry standards in 50 CFR 21.29(k). These 
States may select an extended season for taking migratory game birds in 
accordance with the following:
    Extended Seasons: For all hunting methods combined, the combined 
length of the extended season, regular season, and any special or 
experimental seasons shall not exceed 107 days for any species or group 
of species in a geographical area. Each extended season may be divided 
into a maximum of 3 segments.
    Framework Dates: Seasons must fall between September 1 and March 
10.
    Daily Bag and Possession Limits: Falconry daily bag and possession 
limits for all permitted migratory game birds shall not exceed 3 and 6 
birds, respectively, singly or in the aggregate, during extended 
falconry seasons, any special or experimental seasons, and regular 
hunting seasons in all States, including those that do not select an 
extended falconry season.
    Regular Seasons: General hunting regulations, including seasons and 
hunting hours, apply to falconry in each State listed in 50 CFR 
21.29(k). Regular-season bag and possession limits do not apply to 
falconry. The falconry bag limit is not in addition to gun limits.

Area, Unit, and Zone Descriptions

    Central Flyway portion of the following States consists of:
    Colorado: That area lying east of the Continental Divide.
    Montana: That area lying east of Hill, Chouteau, Cascade, Meagher, 
and Park Counties.
    New Mexico: That area lying east of the Continental Divide but 
outside the Jicarilla Apache Indian Reservation.
    Wyoming: That area lying east of the Continental Divide and 
excluding the Great Divide Portion.
    The remaining portions of these States are in the Pacific Flyway.

Mourning and White-winged Doves

    Alabama
    South Zone - Baldwin, Barbour, Coffee, Conecuh, Covington, Dale, 
Escambia, Geneva, Henry, Houston, and Mobile Counties.
    North Zone - Remainder of the State.
    California
    White-winged Dove Open Areas - Imperial, Riverside, and San 
Bernardino Counties.
    Florida
    Northwest Zone - The Counties of Bay, Calhoun, Escambia, Franklin, 
Gadsden, Gulf, Holmes, Jackson, Liberty, Okaloosa, Santa Rosa, Walton, 
Washington, Leon (except that portion north of U.S. 27 and east of 
State Road 155), Jefferson (south of U.S. 27, west of State Road 59 and 
north of U.S. 98), and Wakulla (except that portion south of U.S. 98 
and east of the St. Marks River).
    South Zone - Remainder of State.
    Georgia
    Northern Zone - That portion of the State lying north of a line 
running west to east along U.S. Highway 280 from Columbus to Wilcox 
County, thence southward along the western border of Wilcox County; 
thence east along the southern border of Wilcox County to the Ocmulgee 
River, thence north along the Ocmulgee River to Highway 280, thence 
east along Highway 280 to the Little Ocmulgee River; thence southward 
along the Little Ocmulgee River to the Ocmulgee River; thence 
southwesterly along the Ocmulgee River to the western border of the 
Jeff Davis County; thence south along the western border of Jeff Davis 
County; thence east along the southern border of Jeff Davis and Appling 
Counties; thence north along the eastern border of Appling County, to 
the Altamaha River; thence east to the eastern border of Tattnall 
County; thence north along the eastern border of Tattnall County; 
thence north along the western border of Evans to Candler County; 
thence west along the southern border of Candler County to the Ohoopee 
River; thence north along the western border of Candler County to 
Bulloch County; thence north along the western border of Bulloch County 
to U.S. Highway 301; thence northeast along U.S. Highway 301 to the 
South Carolina line.
    South Zone - Remainder of the State.
    Louisiana
    North Zone - That portion of the State north of Interstate Highway 
10 from the Texas State line to Baton Rouge, Interstate Highway 12 from 
Baton Rouge to Slidell and Interstate Highway 10 from Slidell to the 
Mississippi State line.
    South Zone - The remainder of the State.
    Mississippi
    South Zone - The Counties of Forrest, George, Greene, Hancock, 
Harrison, Jackson, Lamar, Marion, Pearl River, Perry, Pike, Stone, and 
Walthall.
    North Zone - The remainder of the State.
    Nevada
    White-winged Dove Open Areas - Clark and Nye Counties.
    Texas
    North Zone - That portion of the State north of a line beginning at 
the International Bridge south of Fort Hancock; north along FM 1088 to 
TX 20; west along TX 20 to TX 148; north along TX 148 to I-10 at Fort 
Hancock; east along I-10 to I-20; northeast along I-20 to I-30 at Fort 
Worth; northeast along I-30 to the Texas-Arkansas State line.
    South Zone - That portion of the State south and west of a line 
beginning at the International Bridge south of Del Rio, proceeding east 
on U.S. 90 to San

[[Page 38008]]

Antonio; then east on I-10 to Orange, Texas.
    Special White-winged Dove Area in the South Zone - That portion of 
the State south and west of a line beginning at the International 
Bridge south of Del Rio, proceeding east on U.S. 90 to Uvalde; south on 
U.S. 83 to TX 44; east along TX 44 to TX 16 at Freer; south along TX 16 
to TX 285 at Hebbronville; east along TX 285 to FM 1017; southwest 
along FM 1017 to TX 186 at Linn; east along TX 186 to the Mansfield 
Channel at Port Mansfield; east along the Mansfield Channel to the Gulf 
of Mexico.
    Area with additional restrictions - Cameron, Hidalgo, Starr, and 
Willacy Counties.
    Central Zone - That portion of the State lying between the North 
and South Zones.

Band-tailed Pigeons

    California
    North Zone - Alpine, Butte, Del Norte, Glenn, Humboldt, Lassen, 
Mendocino, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama, and Trinity 
Counties.
    South Zone - The remainder of the State.
    New Mexico
    North Zone - North of a line following U.S. 60 from the Arizona 
State line east to I-25 at Socorro and then south along I-25 from 
Socorro to the Texas State line.
    South Zone - Remainder of the State.
    Washington
    Western Washington - The State of Washington excluding those 
portions lying east of the Pacific Crest Trail and east of the Big 
White Salmon River in Klickitat County.

Woodcock

    New Jersey
    North Zone - That portion of the State north of NJ 70.
    South Zone - The remainder of the State.

Special September Goose Seasons

Atlantic Flyway

    North Carolina
    Northeast Hunt Unit - Counties of Bertie, Camden, Chovan, 
Currituck, Dare, Hyde, Pasquotank, Perquimans, Tyrrell, and Washington.

Mississippi Flyway

    Illinois
    Northeast Zone - Cook, DuPage, Grundy, Kane, Kankakee, Kendall, 
Lake, McHenry, and Will Counties.
    Iowa
    North Zone: That portion of the State north of a line extending 
east from the Nebraska border along State Highway 175 to State 37, 
southeast along State 37 to U.S. Highway 59, south along U.S. 59 to 
Interstate Highway 80, then east along I-80 to the Illinois border.
    South Zone: The remainder of Iowa.
    Minnesota
    Twin Cities Metropolitan Canada Goose Zone -
    A. All of Hennepin and Ramsey Counties.
    B. In Anoka County, all of Columbus Township lying south of County 
State Aid Highway (CSAH) 18, Anoka County; all of the cities of Ramsey, 
Andover, Anoka, Coon Rapids, Spring Lake Park, Fridley, Hilltop, 
Columbia Heights, Blaine, Lexington, Circle Pines, Lino Lakes, and 
Centerville; and all of the city of Ham Lake except that portion lying 
north of CSAH 18 and east of U.S. Highway 65.
    C. That part of Carver County lying north and east of the following 
described line: Beginning at the northeast corner of San Francisco 
Township; thence west along the north boundary of San Francisco 
Township to the east boundary of Dahlgren Township; thence north along 
the east boundary of Dahlgren Township to U.S. Highway 212; thence west 
along U.S. Highway 212 to State Trunk Highway (STH) 284; thence north 
on STH 284 to County State Aid Highway (CSAH) 10; thence north and west 
on CSAH 10 to CSAH 30; thence north and west on CSAH 30 to STH 25; 
thence east and north on STH 25 to CSAH 10; thence north on CSAH 10 to 
the Carver County line.
    D. In Scott County, all of the cities or Shakopee, Savage, Prior 
Lake, and Jordan, and all of the Townships of Jackson, Louisville, St. 
Lawrence, Sand Creek, Spring Lake, and Credit River.
    E. In Dakota County, all of the cities of Burnsville, Eagan, 
Mendota Heights, Mendota, Sunfish Lake, Inver Grove Heights, Apple 
Valley, Lakeville, Rosemount, Farmington, Hastings, Lilydale, West St. 
Paul, and South St. Paul, and all of the Township of Nininger.
    F. That portion of Washington County lying south of the following 
described line: Beginning at County State Aid Highway (CSAH) 2 on the 
west boundary of the county; thence east on CSAH 2 to U.S. Highway 61; 
thence south on U.S. Highway 61 to State Trunk Highway (STH) 97; thence 
east on STH 97 to the intersection of STH 97 and STH 95; thence due 
east to the east boundary of the state.
    Northwest Goose Zone (included for reference only, not a special 
September Goose Season Zone) - That portion of the State encompassed by 
a line extending east from the North Dakota border along U.S. Highway 2 
to State Trunk Highway (STH) 32, north along STH 32 to STH 92, east 
along STH 92 to County State Aid Highway (CSAH) 2 in Polk County, north 
along CSAH 2 to CSAH 27 in Pennington County, north along CSAH 27 to 
STH 1, east along STH 1 to CSAH 28 in Pennington County, north along 
CSAH 28 to CSAH 54 in Marshall County, north along CSAH 54 to CSAH 9 in 
Roseau County, north along CSAH 9 to STH 11, west along STH 11 to STH 
310, and north along STH 310 to the Manitoba border.
    Four Goose Zone - That portion of the state encompassed by a line 
extending north from the Iowa border along U.S. Interstate Highway 35 
to the south boundary of the Twin Cities Metropolitan Canada Goose 
Zone, then west and north along the boundary of the Twin Cities 
Metropolitan Canada Goose Zone to U.S. Interstate 94, then west and 
north on U.S. Interstate 94 to the North Dakota border.
    Two Goose Zone - That portion of the state to the north of a line 
extending east from the North Dakota border along U.S. Interstate 94 to 
the boundary of the Twin Cities Metropolitan Canada Goose Zone, then 
north and east along the Twin Cities Metropolitan Canada Goose Zone 
boundary to the Wisconsin border, except the Northwest Goose Zone and 
that portion of the State encompassed by a line extending north from 
the Iowa border along U.S. Interstate 35 to the south boundary of the 
Twin Cities Metropolitan Canada Goose Zone, then east on the Twin Cites 
Metropolitan Canada Goose Zone boundary to the Wisconsin border.
    Tennessee
    Middle Tennessee Zone - Those portions of Houston, Humphreys, 
Montgomery, Perry, and Wayne Counties east of State Highway 13; and 
Bedford, Cannon, Cheatham, Coffee, Davidson, Dickson, Franklin, Giles, 
Hickman, Lawrence, Lewis, Lincoln, Macon, Marshall, Maury, Moore, 
Robertson, Rutherford, Smith, Sumner, Trousdale, Williamson, and Wilson 
Counties.
    Cumberland Plateau Zone - Bledsoe, Bradley, Clay, Cumberland, 
Dekalb, Fentress, Grundy, Hamilton, Jackson, Marion, McMinn, Meigs, 
Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, 
Van Buren, Warren, and White Counties.
    East Tennessee Zone - Anderson, Blount, Campbell, Carter, 
Claiborne, Cocke, Grainger, Greene, Hamblen, Hancock, Hawkins, 
Jefferson, Johnson, Knox, Loudon, Monroe, Sevier, Sullivan, Unicoi, 
Union, and Washington Counties.

[[Page 38009]]

    Wisconsin
    Early-Season Subzone A - That portion of the State encompassed by a 
line beginning at the Lake Michigan shore in Sheboygan, then west along 
State Highway 23 to State 67, southerly along State 67 to County 
Highway E in Sheboygan County, southerly along County E to State 28, 
south and west along State 28 to U.S. Highway 41, southerly along U.S. 
41 to State 33, westerly along State 33 to County Highway U in 
Washington County, southerly along County U to County N, southeasterly 
along County N to State 60, westerly along State 60 to County Highway P 
in Dodge County, southerly along County P to County O, westerly along 
County O to State 109, south and west along State 109 to State 26, 
southerly along State 26 to U.S. 12, southerly along U.S. 12 to State 
89, southerly along State 89 to U.S. 14, southerly along U.S. 14 to the 
Illinois border, east along the Illinois border to the Michigan border 
in Lake Michigan, north along the Michigan border in Lake Michigan to a 
point directly east of State 23 in Sheboygan, then west along that line 
to the point of beginning on the Lake Michigan shore in Sheboygan.
    Early-Season Subzone B - That portion of the State between Early-
Season Subzone A and a line beginning at the intersection of U.S. 
Highway 141 and the Michigan border near Niagara, then south along U.S. 
141 to State Highway 22, west and southwest along State 22 to U.S. 45, 
south along U.S. 45 to State 22, west and south along State 22 to State 
110, south along State 110 to U.S. 10, south along U.S. 10 to State 49, 
south along State 49 to State 23, west along State 23 to State 73, 
south along State 73 to State 60, west along State 60 to State 23, 
south along State 23 to State 11, east along State 11 to State 78, then 
south along State 78 to the Illinois border.

Pacific Flyway

    Idaho
    East Zone - Bonneville, Caribou, Fremont and Teton Counties.
    Oregon
    Northwest Zone - Benton, Clackamus, Clatsop, Columbia, Lincoln, 
Linn, Marion, Polk, Multnomah, Tillamook, Washington, Wayne, and 
Yamhill Counties.
    Southwest Zone - Coos, Curry, Douglas, Jackson, Josephine, and 
Klamath Counties.
    East Zone - Baker, Gilliam, Malheur, Morrow, Sherman, Umatilla, 
Union and Wasco Counties.
    Washington
    Southwest Zone - Clark, Colitz, Pacific, and Wahkiakum Counties.
    East Zone - Asotin, Benton, Columbia, Garfield, Klickitat, and 
Whitman Counties.
    Wyoming
    Bear River Area - That portion of Lincoln County described in State 
regulations.
    Salt River Area - That portion of Lincoln County described in State 
regulations.
    Farson-Edon Area - Those portions of Sweetwater and Sublette 
Counties described in State regulations.
    Teton Area - Those portions of Teton County described in State 
regulations.

Ducks

Mississippi Flyway

    Iowa
    North Zone: That portion of the State north of a line extending 
east from the Nebraska border along State Highway 175 to State 37, 
southeast along State 37 to U.S. Highway 59, south along U.S. 59 to 
Interstate Highway 80, then east along I-80 to the Illinois border.
    South Zone: The remainder of Iowa.

Sandhill Cranes

Central Flyway

    Colorado
    Regular-Season Open Area - The Central Flyway portion of the State 
except the San Luis Valley (Alamosa, Conejos, Costilla, Hinsdale, 
Mineral, Rio Grande and Saguache Counties east of the Continental 
Divide) and North Park (Jackson County).
    Kansas
    Regular Season Open Area - That portion of the State west of a line 
beginning at the Oklahoma border, north on I-35 to Wichita, north on I-
135 to Salina, and north on U.S. 81 to the Nebraska border.
    New Mexico
    Regular-Season Open Area - Chaves, Curry, De Baca, Eddy, Lea, Quay, 
and Roosevelt Counties.
    Middle Rio Grande Valley Area - The Central Flyway portion of New 
Mexico in Socorro and Valencia Counties.
    Southwest Zone - Sierra, Luna, and Dona Ana Counties.
    Oklahoma
    Regular-Season Open Area - That portion of the State west of I-35.
    Texas
    Regular-Season Open Area - That portion of the State west of a line 
from the International Toll Bridge at Brownsville along U.S. 77 to 
Victoria; U.S. 87 to Placedo; Farm Road 616 to Blessing; State 35 to 
Alvin; State 6 to U.S. 290; U.S. 290 to Austin; I-35 to the Texas-
Oklahoma border.
    North Dakota
    Regular-Season Open Area - That portion of the State west of U.S. 
281.
    South Dakota
    Regular-Season Open Area - That portion of the State west of U.S. 
281.
    Montana
    Regular-Season Open Area - The Central Flyway portion of the State 
except that area south of I-90 and west of the Bighorn River.
    Wyoming
    Regular-Season Open Area - Campbell, Converse, Crook, Goshen, 
Laramie, Niobrara, Platte, and Weston Counties.
    Riverton-Boysen Unit - Portions of Fremont County.
    Park and Bighorn County Unit - Portions of Park and Bighorn 
Counties.

Pacific Flyway

    Arizona
    Special-Season Area - Game Management Units 30A, 30B, 31, and 32.
    Montana
    Special-Season Area - See State regulations.
    Utah
    Special-Season Area - Rich County.
    Wyoming
    Bear River Area - That portion of Lincoln County described in State 
regulations.
    Salt River Area - That portion of Lincoln County described in State 
regulations.
    Eden-Farson Area - Those portions of Sweetwater and Sublette 
Counties described in State regulations.

All Migratory Game Birds in Alaska

    North Zone - State Game Management Units 11-13 and 17-26.
    Gulf Coast Zone - State Game Management Units 5-7, 9, 14-16, and 10 
- Unimak Island only.
    Southeast Zone - State Game Management Units 1-4.
    Pribilof and Aleutian Islands Zone - State Game Management Unit 10 
- except Unimak Island.
    Kodiak Zone - State Game Management Unit 8.

All Migratory Birds in the Virgin Islands

    Ruth Cay Closure Area - The island of Ruth Cay, just south of St. 
Croix.

All Migratory Birds in Puerto Rico

    Municipality of Culebra Closure Area - All of the municipality of 
Culebra.
    Desecheo Island Closure Area - All of Desecheo Island.
    Mona Island Closure Area - All of Mona Island.
    El Verde Closure Area - Those areas of the municipalities of Rio 
Grande and Loiza delineated as follows: (1) All

[[Page 38010]]

lands between Routes 956 on the west and 186 on the east, from Route 3 
on the north to the juncture of Routes 956 and 186 (Km 13.2) in the 
south; (2) all lands between Routes 186 and 966 from the juncture of 
186 and 966 on the north, to the Caribbean National Forest Boundary on 
the south; (3) all lands lying west of Route 186 for one kilometer from 
the juncture of Routes 186 and 956 south to Km 6 on Route 186; (4) all 
lands within Km 14 and Km 6 on the west and the Caribbean National 
Forest Boundary on the east; and (5) all lands within the Caribbean 
National Forest Boundary whether private or public.
    Cidra Municipality and adjacent areas - All of Cidra Municipality 
and portions of Aguas, Buenas, Caguas, Cayer, and Comerio 
Municipalities as encompassed within the following boundary: beginning 
on Highway 172 as it leaves the municipality of Cidra on the west edge, 
north to Highway 156, east on Highway 156 to Highway 1, south on 
Highway 1 to Highway 765, south on Highway 765 to Highway 763, south on 
Highway 763 to the Rio Guavate, west along Rio Guavate to Highway 1, 
southwest on Highway 1 to Highway 14, west on Highway 14 to Highway 
729, north on Highway 729 to Cidra Municipality boundary to the point 
of beginning.
BILLING CODE 4310-55-F

[[Page 38011]]

[GRAPHIC] [TIFF OMITTED] TP22JY96.000

[FR Doc. 96-18430 Filed 7-19-96; 8:45 am]
BILLING CODE 4310-55-C

Complete official Federal Register PDF

FR Doc. 96-18427 Proposed Changes in Procedures for Insular Possessions Watch Program
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37845-37848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18427]

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

DEPARTMENT OF COMMERCE

International Trade Administration

15 CFR Part 303

DEPARTMENT OF THE INTERIOR

Office of Territorial and International Affairs
[Docket No. 960508126-6126-01]
RIN 0625-AA46

Proposed Changes in Procedures for Insular Possessions Watch 
Program

AGENCIES: Import Administration, International Trade Administration, 
Department of Commerce; Office of Territorial and International 
Affairs, Department of the Interior.

ACTION: Proposed rule and request for comments.

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

SUMMARY: This action invites public comment on a proposal to amend the 
ITA regulations, which govern duty-exemption allocations and duty-
refund entitlements for watch producers in the United States' insular 
possessions (the Virgin Islands, Guam and American Samoa) and the 
Northern Mariana Islands. The proposed amendments would modify 
procedures for completion and use of the ``Permit to Enter Watches and 
Watch Movements into the Customs Territory of the United States'' (Form 
ITA-340); make the technical changes required by the passage of the 
Uruguay Round Agreements Act in 1994; eliminate the mid-year report 
(Form ITA-321P); change the percentage creditable towards the duty-
refund of wages for non-9\1/5\ watch and watch movement repairs and 
raise one of the percentages in the formula for calculating the duty-
refund; revise the total quantity and respective territorial shares of 
insular watches and watch movements which would be allowed to enter the 
United States free of duty; remove reference to watches and watch 
movements which are only ineligible for duty-free

[[Page 37846]]

treatment due to value-limit reasons from the percentage of non-9\1/5\ 
wages creditable toward the duty-refund; raise the maximum value of 
components for watches; and make other necessary changes to consolidate 
and simplify the regulations.

DATES: Comments must be received on or before August 21, 1996.

ADDRESSES: Address written comments to Faye Robinson, Program Manager, 
Statutory Import Programs Staff, Room 4211, U.S. Department of 
Commerce, Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Faye Robinson, (202) 482-3526, same 
address as above.

SUPPLEMENTARY INFORMATION: The insular possessions watch industry 
provision in Sec. 110 of Pub. L. No. 97-446 (96 Stat. 2331) (1983) as 
amended by Sec. 602 of Pub. L. No. 103-465 (108 Stat. 4991) (1994) 
additional U.S. Note 5 to chapter 91 of the HTS requires the Secretary 
of Commerce and the Secretary of the Interior, acting jointly, to 
establish a limit on the quantity of watches and watch movements which 
may be entered free of duty during each calendar year. The law also 
requires the Secretaries to establish the shares of this limited 
quantity which may be entered from the Virgin Islands, Guam, American 
Samoa and the Northern Mariana Islands. After the Departments have 
verified the data submitted on application Form ITA-334P, the 
producers' duty-exemption allocations are calculated from the 
territorial share in accordance with Section 303.14 of the regulations 
and each producer is issued a duty-exemption license. Section 303.7 
paragraph (b) of the regulations states the procedures for the issuance 
of the ``Permit to Enter Watches and Watch Movements into the Customs 
Territory of the United States'' (``permit'' or ``shipment permit''), 
Form ITA-340, against the producers' duty-exemption licenses. 
Currently, an authorized official of the territorial government issues 
each shipment permit (completed from data supplied by the licensee) and 
certifies that the permit is issued against a valid license and that 
the remaining balance of the license, as shown on the permit, has been 
verified. Under the proposed amendment, the licensed companies would be 
given revised permits for completion and the licensee would have 
responsibility for self-certifying that the permit is issued against a 
valid license and that the remaining balance of the license, as shown 
on the permit, is correct according to company records. The licensee 
would also continue to certify that the watches and watch movements to 
be entered under the permit have been assembled in the U.S. insular 
possessions in compliance with the regulations of the Departments of 
Commerce and the Interior and the U.S. Customs Service, and that they 
meet all U.S. Customs Service requirements for duty-free entry under 
additional U.S. note 5 of chapter 91 of the Harmonized Tariff Schedule 
of the United States. A copy of the signed permit would then be taken 
or sent via facsimile, no later than the day of shipment, to the 
appropriate territorial government officials for recording and 
verification. The completed and signed permit would be filed along with 
the other Customs Service entry paperwork requirements unless the 
importer or its representative transmits the data through the Automated 
Broker Interface (``ABI'') system of the Customs Service. Entries made 
by electronic transmission would not require the submission of a permit 
(Form ITA-340) to Customs, but the permit information would have to be 
maintained by the importer or its authorized agent for the period 
prescribed by Customs' recordkeeping regulations, currently five years. 
The changes in permit procedures are being proposed to eliminate 
paperwork, namely, the submission of Form ITA-340 to Customs with ABI 
entries. Also, the proposed new procedures would allow required permit 
information to pass between the territorial government and the watch 
producers via facsimile, which would eliminate the burden of travel to 
and from the territorial office.
    The permit currently consists of five self-carboned pages with one 
copy to be presented to the U.S. Customs officer at the port of entry 
and then forwarded to the Department of Commerce after entry number, 
date of entry, and port of entry have been added by the Customs 
officer; one copy to be retained by the licensee's broker or agent; one 
copy to be retained by the licensee; one copy to be retained by the 
territorial office; and one copy to be forwarded by the territorial 
office to the Department of Commerce. Under the proposed amendment, the 
revised permit would be a single page document which could be produced 
by the licensee in an approved computerized format or any other medium 
or format approved by the Department of Commerce. On entries made 
through ABI, the licensee would not need to make any copies of the 
original permit if the permit is sent via facsimile or other data 
communications system to the territorial government officials and the 
importer or its authorized agent (otherwise, two copies needed). For 
non-electronic transmission entries filed with Customs officials at the 
port, the original permit would continue to be a required part of the 
paperwork submitted to Customs to receive duty-free treatment. Customs 
would still forward the permit to the Department of Commerce after 
filling in the entry number and date of entry. The licensee, as with 
ABI entries, would need to make a copy of the permit for the 
territorial government and the importer or its authorized agent's 
records only if the permit is not sent via facsimile or other data 
communication system. The territorial government officials would 
continue to send a copy of each permit to the Department of Commerce. 
The proposed revision of the permit would not only reduce the paperwork 
associated with the permit, but would also eliminate the need for 
Customs to mail a copy of the permit to the Department of Commerce for 
all ABI entries.
    Section 602 of Public Law 103-465 enacted on December 8, 1994 
amended Public Law 97-446. The proposed rule would make the necessary 
technical changes to reflect the new authority for the duty-refund 
entitlements for the insular watch program. Changes would be made to 
Authority, Sec. 303.1(a), Sec 303.2((a)(1) and Sec. 303.12(c)(2).
    We also propose eliminating the mid-year report (Form ITA-321P). 
Sec. 303.11 (Mid-year reporting requirement) of the regulations and 
Sec. 303.2(b)(4) (Form ITA-321P) would be removed. A major purpose of 
the mid-year report was to establish whether companies required more 
duty-exemption allocation or wished to relinquish duty-exemption that 
had been allocated. These purposes can be satisfied less formally and 
without paperwork. Even if the reporting requirement and the associated 
form are eliminated, companies could still request supplemental duty-
free allocations or voluntarily relinquish units in accordance with 
Sec. 303.6(c) and (f). We also propose amending Sec. 303.6(f) in order 
to clarify the procedures for requesting annual supplemental 
allocations and relinquishing units.
    We propose increasing the percentage of wages for the repair of 
non-9\1/5\ watches and watch movements creditable towards the duty-
refund to a maximum of fifty percent of the firm's total creditable 
wages by amending Sec. 303.2(a)(13) and Sec. 303.14(c)(3). The increase 
is being proposed to permit producers to further diversify their 
operations.
    Currently, the percentage of wages paid for the repair of non-9\1/
5\ watches and watch movements and for the assembly of non-9\1/5\ 
watches and watch

[[Page 37847]]

movements (ineligible only due to value-limit reasons) which is 
creditable towards the duty-refund is twenty-five percent of the firm's 
other 9\1/5\ creditable wages. No duty-refunds have ever been issued on 
the basis of wages paid for the production of watches and watch 
movements because they exceeded regulatory value limits. Accordingly, 
we propose eliminating this exclusion by amending Sec. 303.2(a)(13).
    Pub. L. 97-446, as amended by Pub. L. 103-465, requires the 
Secretary of Commerce and the Secretary of the Interior, acting 
jointly, to establish a limit on the quantity of watches and watch 
movements which may be entered free of duty during each calendar year. 
The law also requires the Secretaries to establish the shares of this 
limited quantity which may be entered from the Virgin Islands, Guam, 
American Samoa and the Northern Mariana Islands. Regulations on the 
establishment of these quantities and shares are contained in Sec. 
303.3 and 303.4 of title 15, Code of Federal Regulations (15 CFR 303.3 
and 303.4). The Departments propose to establish for calendar year 1997 
a total quantity and respective territorial shares as shown in the 
following table:

                                                                        
                                                                        
                                                                        
Virgin Islands..............................................   3,100,000
Guam........................................................     500,000
American Samoa..............................................     500,000
Northern Mariana Islands....................................     500,000
                                                                        

    Compared to the total quantity established for 1994 (59 FR 8847; 
February 24, 1994), this amount would be a decrease of 500,000 units. 
The proposed Virgin Islands territorial share would be reduced by 
500,000 and the shares for Guam, American Samoa and the Northern 
Mariana Islands would not change. The amount we propose for the Virgin 
Islands is more than sufficient for the anticipated needs of all the 
existing producers.
    We also propose raising the maximum value of components for duty-
free treatment of watches from $175 to $200 by amending Sec. 
303.14(b)(3). This change would relax the limitation on the value of 
imported components that may be used in the assembly of duty-free 
insular watches. The proposed value levels would also help offset the 
effects of the declining dollar and allow the producers wider options 
in the kinds of watches they assemble.
    The proposed changes include amending Sec. 303.14(c)(1)(iv), which 
sets the incremental percentage for calculating that part of the duty-
refund for producers who have shipped between 600,000 and 750,000 units 
free of duty into the United States. Currently the value of the duty-
refund is based on the producer's average creditable wages per unit 
shipped free of duty into the United States multiplied by a factor of 
90% for the first 300,000 units and declining percentages in additional 
increments of 85%, 80% and 65% up to a maximum of 750,000 units. The 
amendment would raise the 65% increment to 75%. In recent years most 
producers have shipped fewer than 600,000 units. This change would add 
a further incentive for producers to increase shipments which would 
help raise territorial employment.
    The following amendments are being proposed to simplify and 
consolidate the regulations and to eliminate redundancy:
     Remove the concluding text of Sec. 303.6(f) which would 
require the publication of notices in the Federal Register to invite 
new entrants and would amend Sec. 303.8(c)(2), which also related to 
new entrant invitations (the regulations contain a standing invitation 
to new entrants in Sec. 303.14);
     Eliminate Section 303.10 (Limitations, requirements, 
restriction and prohibitions) and would consolidate non-duplicative 
language in Sec. 303.14(b);
     Amend Sec. 303.12(b)(3) by changing registered mail to 
registered, certified or express carrier mail;
     Amend Sec. 303.12(c)(1) by changing the reference from 
Sec. 303.2(b)(6) to Sec. 303.2(b)(5), due to other proposed changes 
affecting the numbering of provisions;
     Amend Sec. 303.14(b) by removing references to Sec. 303.10 
and incorporating the non-duplicative language in Sec. 303.14(b);
     Amend Sec. 303.14(c)(2) by replacing a reference to Sec. 
303.10(c)(2) with the correct reference (Sec. 303.5(c)) and by removing 
Sec. 303.14(c)(3) as redundant; and
     Eliminate Sections 303.10 and 303.11.
    The proposed rule does not contain policies with Federalism 
implications sufficient to warrant preparation of a Federalism 
assessment under Executive Order 12612.

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., the Assistant General Counsel for Legislation and Regulation has 
certified to the Chief Counsel, Small Business Administration, that the 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. This is because the rulemaking is 
primarily to consolidate and simplify the regulations, make technical 
changes and reduce paperwork.

Paperwork Reduction Act

    This rulemaking involves information collection activities subject 
to the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. which 
are currently approved by the Office of Management and Budget under 
control numbers 0625-0040 and 0625-0134. The proposed amendments reduce 
the information burden on the public.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information unless it 
displays a currently valid OMB Control Number.
    It has been determined that the proposed rulemaking is not 
significant for purposes of Executive Order 12866.

List of Subjects in 15 CFR Part 303

    Administrative practice and procedure, American Samoa, Customs 
duties and inspection, Guam, Imports, Marketing quotas, Northern 
Mariana Islands, Reporting and recordkeeping requirements, Virgin 
Islands, Watches and jewelry.

    For reasons set forth above, 15 CFR Part 303 is proposed to be 
amended as follows:

PART 303--[AMENDED]

    1. The authority citation for 15 CFR Part 303 is revised to read as 
follows:

    Authority: Pub. L. 94-241, 90 Stat. 263 (48 U.S.C. 1681, note); 
Pub. L. 97-446, 96 Stat. 2331 (19 U.S.C. 1202, note); Pub. L. 103-
465, 108 Stat. 4991.

303.1  [Amended]

    2. Section 303.1(a) is amended by removing the period at the end of 
the first sentence and adding ``, and amended by Pub. L. 103-465, 
enacted December 8, 1994.''.

Sec. 303.2  [Amended]

    3. Section 303.2(a)(1) is amended by removing the period at the end 
of the sentence and adding ``, as amended by Pub. L. 103-465, enacted 
December 8, 1994, 108 Stat. 4991.''.
    4. In Sec. 303.2, paragraphs (a)(13) and (b)(3) are revised to read 
as follows:

Sec. 303.2  Definitions and forms.

    (a) * * *
    (13) Creditable wages means all wages--up to the amount per person 
shown in Sec. 303.14(a)(1)(i)--paid to permanent residents of the 
territories employed in a firm's 9\1/5\ watch and watch movement 
assembly operations, plus any wages paid for the repair of

[[Page 37848]]

non-9\1/5\ watches up to an amount equal to 50 percent of the firm's 
total creditable wages. Excluded, however, are wages paid for special 
services rendered to the firm by accountants, lawyers, or other 
professional personnel and for the repair of non-9\1/5\ watches and 
movements to the extent that such wages exceed the foregoing ratio. 
Wages paid to persons engaged in both creditable and non-creditable 
assembly and repair activities may be credited proportionately provided 
the firm maintains production and payroll records adequate for the 
Departments' verification of the creditable portion.
* * * * *
    (b) * * *
    (3) ITA-340 ``Permit to Enter Watches and Watch Movements into the 
Customs Territory of the United States.'' This form may be obtained, by 
producers holding a valid license, from the territorial government or 
may be produced by the licensee in an approved computerized format or 
any other medium or format approved by the Departments of Commerce and 
the Interior. The completed form authorizes duty-free entry of a 
specified amount of watches or watch movements at a specified U.S. 
Customs port.
* * * * *
    5. In Section 303.2, paragraph (b)(4) is removed and paragraphs 
(b)(5) and (b)(6) are redesignated as paragraphs (b)(4) and (b)(5).

Sec. 303.6  [Amended]

    6. Section 303.6(f) introductory text is amended at the beginning 
of the second sentence by removing ``The'' and adding ``At the request 
of a producer, the''; and in the middle of the fourth sentence by 
removing ``invited'' and adding ``considered''.
    7. In Sec. 303.6, the concluding text of paragraph (f) is removed.
    8. Section 303.7 is amended by revising paragraph (b) to read as 
follows:

Sec. 303.7  Issuance of licenses and shipment permits.

* * * * *
    (b) Shipment Permit Requirements (ITA-340). (1) Producers may 
obtain shipment permits from the territorial government officials 
designated by the Governor. Permits may also be produced in any 
computerized or other format or medium approved by the Departments. The 
permit is for use against a producer's valid duty-exemption license and 
a permit must be completed for every duty-free shipment.
    (2) Each permit must specify the license and permit number, the 
number of watches and watch movements included in the shipment, the 
unused balance remaining on the producer's license, pertinent shipping 
information and must have the certification statement signed by an 
official of the licensee's company. A copy of the completed permit must 
be sent electronically or taken to the designated territorial 
government officials, no later than the day of shipment, for 
confirmation that the producer's duty exemption license has not been 
exceeded and that the permit is properly completed.
    (3) The permit (form ITA-340) shall be filed with Customs along 
with the other required entry documents to receive duty-free treatment 
unless the importer or its representative clears the documentation 
through Customs' automated broker interface. Entries made 
electronically do not require the submission of a permit to Customs, 
but the shipment data must be maintained as part of a producer's 
recordkeeping responsibilities for the period prescribed by Customs' 
recordkeeping regulations. U.S. Customs Service Import Specialists may 
request the documentation as they deem appropriate to substantiate 
claims for duty-free treatment, allowing a reasonable amount of time 
for the importer to produce the permit.

Sec. 303.8  [Amended]

    9. In Sec. 303.8, paragraph (c)(2) is revised to read as follows:

Sec. 303.8  Maintenance of duty-exemption entitlements.

* * * * *
    (c) * * *
    (2) Reallocate the allocation or part thereof to new entrant 
applicants; or
* * * * *

Sec. 303.10  [Removed and Reserved]

    10. Section 303.10 is removed and reserved.

Sec. 303.11  [Removed and Reserved]

    11. Section 303.11 is removed and reserved.

Sec. 303.12  [Amended]

    12. Section 303.12(b)(3) introductory text is amended by adding, 
after the word ``registered'', the words ``, certified or express 
carrier mail''.
    13. Section 303.12(c)(1) is amended by removing from the first 
sentence ``Sec. 303.2(b)(6)'' and adding ``Sec. 303.2(b)(5)''.
    14. Section 303.12(c)(2) is amended at the end of the first 
sentence by removing the period and adding ``, as amended by Pub. L. 
103-465.''.
    15. In Sec. 303.14, the heading of paragraph (b) and paragraphs 
(b)(1) and (b)(3) are revised and paragraph (b)(4) is added to read as 
follows:

Sec. 303.14  Allocation factors and miscellaneous provisions.

* * * * *
    (b) Minimum assembly requirements and prohibition of preferential 
supply relationship. (1) No insular watch movement or watch may be 
entered free of duty into the customs territory of the United States 
unless the producer used 30 or more discrete parts and components to 
assemble a mechanical watch movement and 33 or more discrete parts and 
components to assemble a mechanical watch.
* * * * *
    (3) Watch movements and watches assembled from components with a 
value of more than the $35 for watch movements and $200 for watches 
shall not be eligible for duty-exemption upon entry into the U.S. 
Customs territory. Value means the value of the merchandise plus all 
charges and costs incurred up to the last point of shipment (i.e., 
prior to entry of the parts and components into the territory).
    (4) No producer shall accept from any watch parts and components 
supplier advantages and preferences which might result in a more 
favorable competitive position for itself vis-a-vis other territorial 
producers relying on the same supplier. Disputes under this paragraph 
may be resolved under the appeals procedures contained in 
Sec. 303.13(b).
* * * * *
    16. Section 303.14(c)(1)(iv) is amended by removing ``65%'' and 
adding ``75%''.
    17. Section 303.14(c)(2) is amended by removing 
``Sec. 303.10(c)(2)'' and adding ``Sec. 303.5(c)''.
    18. Section 303.14(c)(3) is removed.
    19. Section 303.14(e) is amended by removing ``3,600,000'' and 
adding ``3,100,000'' in its place.
Paul L. Joffe,
Acting Assistant Secretary for Import Administration, International 
Trade Administration, Department of Commerce.
Allen Stayman,
Director, Office of Insular Affairs, Department of the Interior.
[FR Doc. 96-18427 Filed 7-19-96; 8:45 am]
BILLING CODE 3510-DS-P and 4310-93-P

Complete official Federal Register PDF

FR Doc. 96-18268 Miscellaneous Changes to General Industry and Construction Standards; Proposed Paperwork Collection, Comment Request for Coke Oven Emissions and Inorganic Arsenic
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37848-37865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18268]

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[[Page 37849]]

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

[Docket No. S-778]

Miscellaneous Changes to General Industry and Construction 
Standards; Proposed Paperwork Collection, Comment Request for Coke Oven 
Emissions and Inorganic Arsenic

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Proposed rule.

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

SUMMARY: With this document, the Occupational Safety and Health 
Administration (OSHA) is continuing the process of removing or revising 
standards that are out of date, duplicative, unnecessary, or 
inconsistent in response to a March 4, 1995 memorandum from the 
President. This document proposes substantive changes to both health 
and safety standards to reduce regulatory requirements while 
maintaining employee protection. Changes proposed include reducing 
chest x-ray frequency and eliminating sputum cytology examinations for 
the coke oven and inorganic arsenic standards, changing the emergency-
response provisions of the vinyl chloride standard, eliminating public 
safety provisions of the temporary labor camp standard, eliminating 
unnecessary OSHA standard references in the textile industry standards 
and others.

DATES: Written comments and requests for a hearing on this proposal 
must be postmarked by September 20, 1996.

ADDRESSES: Comments should be submitted in quadruplicate or 1 original 
(hardcopy) and 1 diskette (5\1/4\ or 3\1/2\ inch) in WordPerfect 5.0, 
5.1, 6.0 or 6.1, or ASCII to: Docket Office, Docket No. S-778, U.S. 
Department of Labor, Occupational Safety and Health Administration, 
Room N-2634, 200 Constitution Avenue, NW., Washington, DC 20210 
(telephone (202) 219-7894). Any information not contained on disk 
(e.g., studies, articles) must be submitted in quadruplicate. Written 
comments limited to 10 pages in length also may be transmitted by 
facsimile to (202) 219-5046, provided an original and 3 copies are sent 
to the Docket Office thereafter.
    Requests for a hearing should be sent to: Mr. Tom Hall, U.S. 
Department of Labor, Occupational Safety and Health Administration, 
Room N-3647, 200 Constitution Avenue NW., Washington, DC 20210 
(telephone (202) 219-8615).
    Comments on the reduction of paperwork burden and renewal of 
paperwork authorization for inorganic arsenic and coke oven emissions 
should be sent to the OSHA docket and to the Office of Information and 
Regulatory Affairs, OMB, New Executive Office Bldg., Rm. 10235, 725 
17th St. NW., Washington, DC 20503, Attn. OSHA Desk Officer.
    For an electronic copy of this Federal Register notice, contact the 
Labor News Bulletin Board at (202) 219-4748; or OSHA's WebPage on the 
Internet at http://www.OSHAgov. For news releases, fact sheets and 
other short documents, contact OSHA FAX at (900) 555-3400 at $1.50 per 
minute.

FOR FURTHER INFORMATION CONTACT: Technical inquiries should be directed 
to Mr. Pat Cattafesta, Office of Electrical/Electronic and Mechanical 
Safety Standards, U.S. Department of Labor, Occupational Safety and 
Health Administration, Room N3609, 200 Constitution Ave., NW., 
Washington, DC 20210 [telephone (202)-219-7202; FAX (202)-219-7477].
    Requests for interviews and other press inquiries should be 
directed to Ms. Ann Cyr, U.S. Department of Labor, Occupational Safety 
and Health Administration, Office of Information and Consumer Affairs, 
Room N-3647, 200 Constitution Avenue NW., Washington, DC 20210 
[telephone (202) 219-8148].

SUPPLEMENTARY INFORMATION:

I. Background

    In March 1995, the President directed Federal agencies to undertake 
a line-by-line review of their regulations to determine where they 
could be simplified or clarified. OSHA initiated such a review, and as 
a result completed a document on May 31, 1995, entitled ``OSHA's 
Regulatory Reform Initiatives.'' That document detailed the Agency's 
findings as to which regulations could be deleted or revised without 
reducing employee health and safety, and which by clarifying 
requirements might improve compliance by employers and, consequently, 
provide enhanced occupational safety and health protection to 
employees. This regulatory improvement process involves revocation of 
outdated and obsolete provisions, elimination of substantive 
requirements which do not appear to be effective, consolidation of 
repetitious provisions, and clarification of confusing language. The 
Agency began this process with an administrative notice which made 
minor clarifications and technical amendments (61 FR 9228, March 
7,1996). This document proposes substantive changes to standards which 
the agency believes are unnecessary or ineffective in protecting worker 
health or safety. As these changes are substantive, notice and comment 
is required. Final decisions on carrying out the proposed revisions 
will depend on the record after considering public comment.

II. Summary and Explanation

Amendments to Part 1910

A. Explosives and Blasting Agents (Sec. 1910.109)
    When Sec. 1910.109 was first promulgated, Table H-21 (American 
Table of Distances for Storage of Explosives) specified the distances 
that must be maintained between stored explosives and inhabited 
buildings, passenger railways, and public highways. It also specified 
required distances between stored explosive magazines. Table H-21 also 
applied to the manufacture of explosives to the extent that it 
specified distances between an explosive manufacturing building and 
inhabited buildings, passenger railways, public highways, and 
magazines.
    In 1978, OSHA published a final rule (43 FR 49726) which revoked 
certain requirements that were called ``nuisance standards'' because 
they did not deal directly with workplace safety and health or were the 
jurisdiction of some other regulatory agency. Among the requirements 
revoked were the three columns of Table H-21 that specified distances 
to inhabited buildings, passenger railways, and public highways because 
they dealt with public and property protection-not employee protection. 
As a result, the current Table H-21 specifies only the distances 
between magazines.
    Because Paragraph (c)(1)(vi) of Sec. 1910.109 was inadvertently 
overlooked during the 1978 rulemaking, this paragraph still makes 
reference to ``inhabited buildings, passenger railways, and public 
highways.'' Consequently, OSHA is proposing to remove this phrase. 
Also, the first sentence of footnote number 5 of Table H-21 reads: 
``This table applies only to the manufacture and permanent storage of 
commercial explosives.'' OSHA is proposing to remove the words 
``manufacture and'' from the first sentence of footnote number 5 of 
Table H-21.
    Paragraph (d)(1)(iv) of Sec. 1910.109 states that blasting caps or 
electric blasting caps shall not be transported over the highways on 
the same vehicles with other explosives. However, DOT

[[Page 37850]]

regulations at 49 CFR 177.835(g)((3)(i) provide an approved method for 
the transport of detonators (blasting caps) on the same vehicle with 
other explosives.
    OSHA believes that blasting caps can be safely transported on the 
same vehicle with other explosives if such transport is done in 
accordance with the method specified in the Department Of 
Transportation (DOT) regulations.
    Therefore, OSHA is proposing to amend paragraph (d)(1)(iv) to 
permit the transportation of blasting caps or electric blasting caps on 
the same vehicle with other explosives if they are transported in 
accordance with the method specified in DOT regulations at 49 CFR 
177.835(g)(3)(i).
    Paragraph (e)(2)(i) of Sec. 1910.109 states:

    Empty boxes and paper and fiber packing materials which have 
previously contained high explosives shall not be used again for any 
purpose, but shall be destroyed by burning at an approved isolated 
location out of doors, and no person shall be nearer than 100 feet 
after the burning has started.

    The purpose of this requirement is to ensure that any boxes or 
packing material that may have been contaminated by leaking explosives 
do not present a hazard to employees. Consequently, all boxes and 
packing material, contaminated or not, may not be reused and must be 
disposed of by burning at an approved outdoor location.
    However, environmental agencies often will not permit the burning 
of such materials. In addition, DOT permits the reuse of packaging 
materials if such reuse is accomplished in accordance with the 
requirements of 49 CFR 173.28. Thus, employers are confronted by a 
conflict between the standards of two Federal agencies. OSHA believes 
that such containers and packing materials should be permitted to be 
reused if uncontaminated, and if accomplished in accordance with DOT 
regulations.
    Therefore, OSHA is proposing that paragraph (e)(2)(i) of 
Sec. 1910.109 be amended to read as follows:

    Empty containers and paper and fiber packing materials which 
have previously contained explosive materials shall be disposed of 
in a safe manner, or reused in accordance with Department of 
Transportation requirements at 49 CFR 173.28.
B. Storage and Handling of Liquefied Petroleum Gases (1910.110)
    Paragraphs (b)(15)(v)-(vii) of Sec. 1910.110 contain requirements 
for the location of backflow check valves, excess-flow valves, and 
shutoff valves on tank cars and transport trucks. Paragraph 
(b)(15)(viii) of Sec. 1910.110 contains requirements for locating tank 
cars and transport trucks during loading and unloading operations.
    The design of transportation vehicles and the safe location of such 
vehicles during loading and unloading operations are under the 
jurisdiction of DOT and not OSHA. Therefore, OSHA is proposing to 
delete paragraphs (b)(15)(v)-(viii) of Sec. 1910.110. OSHA is also 
proposing to redesignate paragraph (b)(15)(ix) as new paragraph 
(b)(15)(v) of Sec. 1910.110.
    Paragraphs (c)(2)(ii)-(iv) of Sec. 1910.110 contain specifications 
for the marking of LPG cylinders. These marking specifications are 
duplicative of DOT requirements. Accordingly, OSHA is proposing to 
delete them.
    Paragraph (e)(10) of Sec. 1910.110 contains limitation requirements 
on the capacity of LPG containers that are used to fuel passenger 
carrying vehicles. As requirements pertaining to passenger carrying 
vehicles are under the jurisdiction of DOT, OSHA is proposing to delete 
the text of paragraph (e)(10) of Sec. 1910.110.
    Paragraph (g) of Sec. 1910.110 contains requirements for the 
installation of LP-gas systems on commercial vehicles. The installation 
of LP-gas systems on commercial vehicles is under the jurisdiction of 
DOT. OSHA, therefore, is proposing to delete the text from paragraph 
(g) of Sec. 1910.110 and to reserve the paragraph designation.
C. Storage and Handling of Anhydrous Ammonia (Sec. 1910.111)
    Paragraph (f)(7) of Sec. 1910.111 contains safety requirements for 
full trailers and semitrailers that transport ammonia. Paragraph (f)(8) 
of Sec. 1910.111 contains requirements pertaining to the protection of 
such vehicles against collision. As full trailers and semitrailers that 
transport ammonia are under the jurisdiction of DOT, OSHA is proposing 
to delete the text of paragraphs (f)(7) and (f)(8) of Sec. 1910.111.
D. Sanitation (Sec. 1910.141)
    OSHA proposes to delete the definition for ``lavatory,'' given in 
paragraph (a)(2)(i) of Sec. 1910.141. This definition states that 
``lavatory means a basin or similar vessel used exclusively for washing 
of hands, arms, faces, and head.'' OSHA believes that the meaning of 
the term is self-explanatory in the context of the section. OSHA 
specifically seeks comment as to whether, in fact, deletion of this 
definition may diminish the health of employees in affected workplaces.
E. Temporary Labor Camps (Sec. 1910.142)
    Section 1910.142 (a)(4) provides regulations for the closing of 
temporary labor camps. Upon the closing of a camp site, the regulations 
require the employer to collect all refuse, garbage, and manure, to 
fill all privy pits, to lock and secure any remaining privy buildings, 
and to have all buildings in a clean and sanitary condition.
    Because this paragraph deals with closing the site, which occurs 
after the employees have left, this paragraph essentially provides not 
for worker safety, but for public safety, which is outside the Agency's 
mission. For these reasons, OSHA proposes to remove 
Sec. 1910.142(a)(4). OSHA does note, however, that employers may be 
responsible for adhering to other standards regarding public health and 
safety in the locality or State in which the camp site is located.
F. Safety Color Code for Marking Physical Hazards (Sec. 1910.144)
    Section 1910.144 provides guidance on the colors to use to mark 
physical hazards. These colors were required so that emergency devices 
and physical hazards could be identified quickly by employees. Because 
removal of these requirements from 29 CFR part 1910 would have minimal 
effect on employee safety and health, the Agency has decided not to 
provide this standard. For employers desiring guidance in this area, 
the American National Standards Institute, ANSI Z535.1-91, Safety Color 
Code is available. OSHA, therefore, proposes to remove Sec. 1910.144.
G. Medical Services and First Aid (Sec. 1910.151)
    Section 1910.151 states the obligation of employers to have medical 
services available to provide advice on workplace health matters, and 
for use by employees if needed.
    Paragraph (b), in particular, requires the availability of first 
aid services for workplaces that do not have medical providers nearby. 
This paragraph also requires that first aid supplies approved by the 
consulting physician be on hand.
    OSHA proposes to amend Sec. 1910.151(b) so that the approval of 
first aid supplies by the consulting physician is no longer required, 
although the standard would continue to require that adequate supplies 
be available. Commercial first aid kits are readily available and will 
meet the needs of most employers and most worksites. If the workplace 
has unusual hazards or poses special problems that would require 
modification of a commercial first aid kit, or the

[[Page 37851]]

development of a specialized kit, the Agency expects that the employer 
will provide those special items. If the employer is unsure whether a 
commercially available kit is sufficient, professional advice should be 
obtained. Such advice, however, would not be required by OSHA as a 
matter of course. These changes will allow the employer more 
flexibility in meeting the Agency's first aid requirements, without 
affecting employee health and safety.
H. Fire Brigades (Sec. 1910.156)
    Section 1910.156 contains requirements for the organization, 
training, and provision of personal protective equipment for fire 
brigades. Requirements for negative-pressure self-contained breathing 
apparatus are listed in Sec. 1910.156(f)(2)(iii). These requirements 
were intended to remain mandatory for 18 months after the National 
Institute for Occupational Safety and Health (NIOSH) certified a 
positive-pressure breathing apparatus with the same or longer service 
life as the currently required negative-pressure breathing apparatus. 
The 18-month period was to allow employers to phase in the new 
apparatus.
    NIOSH has since certified a positive-pressure breathing apparatus, 
and the 18 month phase-in period has ended. This paragraph is therefore 
unnecessary, and OSHA proposes to remove it.
I. Helicopters (Sec. 1910.183)
    Section 1910.183(a) states that helicopter cranes are expected to 
comply with any applicable regulations of the Federal Aviation 
Administration (FAA). Since OSHA does not have the statutory authority 
to enforce FAA regulations for helicopters, (found at 14 CFR part 133), 
it is proposed that Sec. 1910.183(a) be revoked.
J. Pulp, Paper, Paperboard Mills (Sec. 1910.261)
    Section 1910.261 contains requirements that apply to establishments 
where pulp, paper, and paperboard are manufactured and converted. 
Certain standards in paragraphs (a), (b), (c), (d), (e), (g), (h), (j), 
(k), and (m) of Sec. 1910.261 require these establishments to comply 
with a number of standards of the American National Standards Institute 
(ANSI). The inclusion of these standards in Sec. 1910.261 duplicates 
other standards in part 1910 which apply to general industry as a 
whole. Many of the other general industry standards cover the same 
hazards, and in many cases, they share the same source materials as the 
provisions in Sec. 1910.261.
    All but one of the ANSI standards referenced in Sec. 1910.261 were 
source documents for OSHA standards that have general application 
without regard to any specific industry. For example, ANSI Standard 
A12.1-1967, Safety Requirements for Floor and Wall Openings, Railings, 
and Toeboards is referenced in Sec. 1910.261(a)(3)(ii) and is also the 
source standard for Sec. 1910.23, Guarding Floor and Wall Openings and 
Holes.
    OSHA believes that the OSHA standard, codified in Section 1910.23, 
provides equivalent or better protection for workers in this industry 
than the ANSI standard, A12.1-1967, which is referenced in 
Sec. 1910.261. OSHA proposes, therefore, to revoke 
Sec. 1910.261(a)(3)(ii).
    Similarly, there are a number of other OSHA standards that OSHA 
believes can provide equivalent or better protection for pulp and paper 
workers than the ANSI standards referenced in paragraphs (a), (b), (c), 
(d), (e), (g), (h), (j), (k) and (m) in Sec. 1910.261. For this reason, 
OSHA proposes to revoke many provisions of Sec. 1910.261 and to apply 
the corresponding provisions found elsewhere in part 1910. The 
following table lists the OSHA standards proposed for revocation, the 
referenced ANSI standards and the OSHA standards that will provide 
equivalent or better protection.

------------------------------------------------------------------------
    Standard proposed for        Referenced ANSI       Equivalent OSHA  
         revocation                 standard              standard      
------------------------------------------------------------------------
1910.261(a)(3)(ii)..........  A12.1-1967..........  Sec.  1910.23       
1910.261(a)(3)(iv)..........  A14.1-1968..........  Sec.  1910.25       
1910.261(a)(3)(v)...........  A14.2-1956..........  Sec.  1910.26       
1910.261(a)(3)(vi)..........  A14.3-1956..........  Sec.  1910.27       
1910.261(a)(3)(ix)..........  B15.1-1953..........  Sec.  1910.219      
1910.261(a)(3)(xi)..........  B30.2-1967..........  Sec.  1910.179      
                              B30.5-1968..........  Sec.  1910.180      
1910.261(a)(3)(xii).........  B30.2-1967..........  Sec.  1910.179      
1910.261(a)(3)(xiii)........  B30.2-1943..........  Sec.  1910.179      
                              B30.5-1968..........  Sec.  1910.180      
1910.261(a)(3)(xv)..........  B56.1-1969..........  Sec.  1910.178      
1910.261(a)(3)(xvii)........  01.1-1954...........  Sec.  1910.213      
                                                    Sec.  1910.214      
1910.261(a)(3)(xviii).......  Z4.1-1968...........  Sec.  1910.141      
1910.261(a)(3)(xix).........  Z9.1-1951...........  Sec.  1910.94       
1910.261(a)(3)(xx)..........  Z9.2-1960...........  Sec.  1910.94       
1910.261(a)(3)(xxiv)........  Z35.1-1968..........  Sec.  1910.145      
1910.261(a)(3)(xxv).........  Z87.1-1968..........  Sec.  1910.133      
1910.261(a)(3)(xxvi)........  Z88.2-1969..........  Sec.  1910.134      
1910.261(a)(3)(xxvii).......  Z89.1-1969..........  Sec.  1910.135      
1910.261(b)(1)..............  B15.1-1953..........  Sec.  1910.219      
1910.261(b)(2)..............  Z24.22-1957.........  Sec.  1910.132      
                              Z87.1-1968..........  Sec.  1910.133      
                              Z88.2-1968..........  Sec.  1910.134      
                              Z89.1-1969..........  Sec.  1910.135      
1910.261(b)(3)..............  A12.1-1967..........  Sec.  1910.23       
1910.261(b)(6)..............  B56.1-1969..........  Sec.  1910.178      
1910.261(c)(2)(vi)..........  B30.2-1967..........  Sec.  1910.179      
1910.261(c)(3)(i)...........  A12.1-1967..........  Sec.  1910.23       
                              A14.1-1968..........  Sec.  1910.25       
                              A14.2-1956..........  Sec.  1910.26       
                              A14.3-1956..........  Sec.  1910.27       
1910.261(c)(8)(i)...........  B30.2-1967..........  Sec.  1910.179      

[[Page 37852]]

                                                                        
1910.261(c)(11).............  B56.1-1969..........  Sec.  1910.30       
1910.261(d)(1)(ii)..........  Z87.1-1968..........  Sec.  1910.133      
1910.261(e)(3)..............  B15.1-1955..........  Sec.  1910.219      
1910.261(e)(7)..............  O1.1-1961...........  Sec.  1910.213      
1910.261(e)(9)..............  B15.1-1953..........  Sec.  1910.219      
1910.261(g)(15)(vi).........  Z4.1-1968...........  Sec.  1910.141      
1910.261(h)(2)(iii).........  K13.1-1967..........  Sec.  1910.134      
                              Z88.2-1967..........                      
1910.261(j)(1)(iv)..........  B15.1-1958..........  Sec.  1910.219      
1910.261(j)(3)..............  A12.1-1967..........  Sec.  1910.23       
1910.261(j)(4)(ii)..........  A12.1-1967..........  Sec.  1910.23       
1910.261(j)(5)(iv)..........  B15.1-1953..........  Sec.  1910.219      
1910.261(j)(6)(ii)..........  B15.1-1953..........  Sec.  1910.219      
1910.261(k)(2)(i)...........  B15.1-1953..........  Sec.  1910.219      
1910.261(k)(4)..............  A12.1-1967..........  Sec.  1910.23       
1910.261(m)(2)..............  B56.1-1969..........  Sec.  1910.178      
1910.261(m)(4)..............  Z87.1-1968..........  Sec.  1910.133      
1910.261(m)(5)(i)...........  Z87.1-1968..........  Sec.  1910.132      
1910.261(m)(5)(ii)..........  B56.1-1969..........  Sec.  1910.178      
------------------------------------------------------------------------

    Similarly, OSHA believes that the OSHA standard, Sec. 1910.95, 
Occupational Noise Exposure, provides worker protection that is at 
least equivalent to that provided by the ANSI standard, Z24.22-1957, 
Method of Measurement of Real-Ear Attenuation of Ear Protectors, that 
is referenced in Sec. 1910.261(a)(3)(xxii). OSHA, therefore, proposes 
to revoke Sec. 1910.261(a)(3)(xxii) to eliminate this duplicative 
coverage.
    Paragraph (b)(5) of Sec. 1910.261 requires specific procedures to 
be followed and personal protective equipment to be worn by workers in 
the pulp, paper and paperboard industry who enter closed vessels, 
tanks, chip bins, and similar equipment. This standard, however, does 
not provide the necessary requirements for monitoring, testing, and 
communication that are critical when working in a confined space.
    OSHA proposes to revoke paragraph (b)(5) of Sec. 1910.261 for two 
reasons. First, Sec. 1910.146, Permit-Required Confined Spaces, 
provides better protection for workers who are required to work in a 
confined space. Section 1910.146 provides a comprehensive regulatory 
program within which employers can effectively protect employees who 
work in confined spaces. This program addresses the ongoing need for 
monitoring, testing and communication at these workplaces. Second, 
employers are required to comply with Sec. 1910.146 when a specific 
industry standard does not completely address the known hazards of 
working in a confined space, a principle noted in paragraph (c)(2) of 
Sec. 1910.5, which means that employers must already comply with 
Sec. 1910.146 rather than paragraph (b)(5) of Sec. 1910.261.
    Paragraph (c)(2)(vii) of Sec. 1910.261 requires employers to 
provide personal protective equipment to workers on a job basis. Since 
employers are required to comply with the general requirements for 
personal protective equipment in Sec. 1910.132, OSHA proposes to revoke 
paragraph (c)(2)(vii) to eliminate this duplication of requirements in 
a way that will not decrease worker protection.
    Paragraphs (c)(6)(ii) and (c)(7)(ii) of Sec. 1910.261 require 
employers to provide workers with personal protective equipment and ear 
protection when the noise level may be harmful. Since employers are 
required to comply with the general requirements for personal 
protective equipment in Sec. 1910.132 and the general requirements for 
occupational noise exposure in Sec. 1910.95, OSHA proposes to revoke 
paragraphs (c)(6)(ii) and (c)(7)(ii) to eliminate this duplication of 
requirements.
    Paragraphs (g)(1)(iv) and (k)(16) of Sec. 1910.261 are specific 
electrical standards prescribed for the pulp, paper and paperboard 
industry that require compliance with subpart S, Electrical, in OSHA's 
standards. Since all of general industry is required to comply with all 
of subpart S for electrical standards, OSHA proposes to revoke 
paragraphs (g)(1)(iv) and (k)(16) of Sec. 1910.261 to eliminate this 
duplication.
    Paragraph (g)(2)(i) of Sec. 1910.261 requires employers to provide 
employees working in the acid department with gas masks. Since 
employers are required to comply with the general requirements for 
respiratory protection in Sec. 1910.134, OSHA proposes to revoke 
paragraph (g)(2)(i) to eliminate this regulatory duplication.
    Paragraph (g)(15)(iv) of Sec. 1910.261 is a standard prescribed for 
the pulp, paper and paperboard industry that addresses lead dust 
exposure, and requires compliance with Sec. 1910.1000, Air 
Contaminants, in OSHA's standards. Since employers are required to 
comply with all of Sec. 1910.1000, including paragraph 1910.1025 which 
addresses lead exposure, OSHA proposes to revoke paragraph (g)(15)(iv) 
to eliminate this duplication.
K. Textiles (Sec. 1910.262)
    Paragraphs (c)(3) and (gg) of Sec. 1910.262 require employers in 
textile establishments to provide guards for equipment that conform to 
the requirements of Sec. 1910.219. Since all of general industry is 
required to comply with all of the general requirements of 
Sec. 1910.219, OSHA proposes to revoke paragraphs (c)(3) and (gg) of 
Sec. 1910.262 to eliminate this regulatory duplication.
    Similarly, for the purpose of eliminating duplicate standards 
coverage, OSHA proposes to revoke a number of other standards in 
Sec. 1910.262 that reference occupational safety and health standards 
of general application. The following table lists the OSHA standards 
proposed for revocation and the referenced general OSHA standards which 
will continue to apply to the Textile industry.

------------------------------------------------------------------------
    Standard Proposed for Revocation         Referenced OSHA Standard   
------------------------------------------------------------------------
1910.262(c)(3).........................  1910.219.                      
1910.262(c)(4).........................  1910.141.                      
1910.262(gg)...........................  1910.219.                      
1910.262(ll)(1)........................  1910.23.                       
1910.262(qq)(1)........................  1910.132.                      
                                         1910.133.                      
                                         1910.134.                      
1910.262(qq)(2)........................  1910.134.                      
1910.262(rr)...........................  1910.1000.                     
                                         1910.94(d).                    
------------------------------------------------------------------------

[[Page 37853]]

    Paragraph (c)(8) of Sec. 1910.262 requires employers to identify 
physical hazards in accordance with the requirements of Sec. 1910.144. 
Section 1910.144 provides guidance on the colors to use to mark 
physical hazards. As noted earlier in Section F of this preamble, OSHA 
is proposing to revoke Sec. 1910.144, since the Agency believes that 
sufficient guidance on this matter is given by the American National 
Standards Institute standard ANSI Z535.1-1991, Safety Color Code, and 
that removal of these requirements from 29 CFR part 1910 would have no 
discernible effect on employee safety and health. Since OSHA is 
proposing to revoke Sec. 1910.144, which is referenced in 
Sec. 1910.262(c)(8), OSHA also proposes to revoke Sec. 1910.262(c)(8).
L. Sawmills (1910.265)
    Section 1910.265 contains safety requirements for sawmill 
operations including, but not limited to, log and lumber handling, 
sawing, trimming, and planing; waste disposal; operation of dry kilns; 
finishing; shipping; storage; yard and yard equipment; and for power 
tools and related equipment used in connection with such operations. 
Certain paragraphs of this section incorporate and apply occupational 
safety and health standards of general application which apply to all 
employment covered by part 1910. As required in paragraph (a)(2) of 
this section, such standards apply to sawmill operations in accordance 
with the rules of construction set forth in Sec. 1910.5. For example, 
the general standard regarding mechanical power-transmission apparatus 
in Sec. 1910.219 is applicable to employment in sawmill operations 
covered in Sec. 1910.265, and yet it is also incorporated by reference 
in paragraph (c)(22) of Sec. 1910.265. OSHA believes that worker safety 
is not enhanced by repeating the application of Sec. 1910.219 in 
Sec. 1910.265, and proposes to revoke paragraph (c)(22) of 
Sec. 1910.265. Also, since Sec. 1910.5 applies to all industries, 
including the sawmill industry, OSHA proposes to revoke paragraph 
(a)(2) of Sec. 1910.265 which merely references Sec. 1910.5.
    Similarly, for the purpose of eliminating duplicate standards 
coverage, OSHA proposes to revoke various provisions currently found in 
Sec. 1910.265 which reference occupational safety and health standards 
of general application. The following table lists the OSHA standards 
proposed for revocation and the referenced general OSHA standards which 
will continue to apply to sawmills.

------------------------------------------------------------------------
    Standard Proposed for Revocation         Referenced OSHA Standard   
------------------------------------------------------------------------
1910.265(c)(3)(i)......................  1910.23.                       
1910.265(c)(10)........................  1910.25-27.                    
1910.265(c)(14)........................  1910.110.                      
1910.265(c)(16)........................  1910.106.                      
1910.265(c)(17)(i).....................  1910.1000.                     
1910.265(c)(17)(ii)....................  Subpart I.                     
1910.265(c)(17)(iii)...................  1910.94(d).                    
1910.265(c)(22)........................  1910.219.                      
1910.265(c)(26)(i).....................  1910.219.                      
1910.265(c)(30)(vi)....................  1910.219.                      
1910.265(c)(30)(x).....................  1910.178.                      
1910.265(e)(3)(ii)(d)..................  1910.219.                      
1910.265(f)(9).........................  1910.219.                      
1910.265(g)............................  Subpart I.                     
1910.265(h)............................  1910.141.                      
1910.265(i)............................  Subpart L.                     
------------------------------------------------------------------------

    Paragraph (c)(11) of Sec. 1910.265 requires employers to mark 
physical hazards as specified in Sec. 1910.144. Section 1910.144 
provides guidance on the colors to use to mark physical hazards. As 
noted earlier in Section F of this preamble, OSHA is proposing to 
revoke Sec. 1910.144 since the Agency believes that sufficient guidance 
on this matter is given by the American National Standards Institute 
standard ANSI Z535.1-1991, Safety Color Code, and that removal of these 
requirements from 29 CFR Part 1910 would have no discernible effect on 
employee safety and health. Since OSHA is proposing to revoke 
Sec. 1910.144, which is referenced in Sec. 1910.265(c)11), OSHA also 
proposes to revoke Sec. 1910.265(c)(11).
    Paragraph (c)(24)(iv)(a) of Sec. 1910.265 requires employers to 
inspect slings daily when in use, and to remove a sling from service if 
it is found to be defective. In addition, paragraph (c)(24)(iv)(c) of 
Sec. 1910.265 requires employers to provide suitable protection between 
the sling and the sharp unyielding surfaces of the load to be lifted. 
These provisions duplicate some of the general requirements for the use 
of slings in Sec. 1910.184 which also include provisions for sling 
inspection, removal and protection. OSHA proposes to revoke paragraphs 
(c)(24)(iv)(a) and (c), to eliminate the duplication of requirements 
for slings in Sec. 1910.265.
M. Agricultural Operations (Sec. 1910.267)
    Section 1910.267 previously contained part 1910 requirements 
applicable to agricultural operations. These requirements were moved to 
Sec. 1928.21 in 1975 (40 FR 18268). Since that time, Sec. 1910.267 has 
been used simply to refer employers to Sec. 1928.21 to locate these 
requirements. OSHA believes that Sec. 1910.267 is now unnecessary and 
proposes to revoke it.
N. Telecommunications (Sec. 1910.268)
    Paragraph (f) of 1910.268 contains requirements for rubber 
insulating equipment (gloves and blankets) used at telecommunications 
centers and field installations. As discussed below, OSHA has 
determined that these requirements are now outdated, and that they 
should be deleted.
    OSHA believes that the provisions of paragraph (f) are unnecessary 
for several reasons. First, the general industry standard found at 29 
CFR 1910.137, Electrical Protective Equipment, addresses all rubber 
insulating equipment, and revocation of paragraph (f) of Sec. 1910.268 
would eliminate this duplication of standards and related compliance 
problems. Second, Sec. 1910.137 provides more comprehensive employee 
protection, since it covers requirements for manufacture and marking, 
electrical proof tests, voltages, test intervals, workmanship and in-
service care and use. Third, Sec. 1910.137, is written in performance-
oriented language that provides employers with flexibility in meeting 
the standard. Thus, OSHA believes that paragraph (f) of Sec. 1910.268 
can be revoked without diminishing employee safety and health.
O. Vinyl Chloride (Sec. 1910.1017)
    OSHA is proposing to delete paragraphs (g)(5)(i) and (ii) of 
Sec. 1910.1017, vinyl chloride, which was promulgated in 1974. These 
paragraphs address entry into unknown and hazardous vinyl-chloride 
atmospheres. Paragraph (g)(5)(i) allows entry into unknown 
concentrations of vinyl chloride or concentrations greater than 36,000 
ppm (lower explosive limit) only for purposes of life rescue. Paragraph 
(g)(5)(ii) allows entry into concentrations of vinyl chloride of less 
than 36,000 ppm, but greater than 3,600 ppm only for purposes of life 
rescue, firefighting, or securing equipment which will prevent a 
greater release of vinyl chloride.
    In 1989, OSHA promulgated industry-wide provisions addressing 
emergency response with respect to entry into unknown or hazardous 
atmospheres under Sec. 1910.120, the Hazardous Waste Operations and 
Emergency Response (HAZWOPER) standard (54 FR 9317, Mar. 6, 1989). 
Included in the scope of the HAZWOPER standard are requirements for 
``Emergency response operations for releases of, or substantial threats 
of releases of, hazardous substances without regard to the location of 
the hazard.'' Thus, vinyl chloride, which is a ``hazardous substance'' 
as defined under the

[[Page 37854]]

HAZWOPER standard, is covered by the emergency response provisions in 
both the vinyl chloride and HAZWOPER rules. In regard to overlapping 
provisions in two applicable standards, the HAZWOPER standard 
specifically states in paragraph (a)(2)(i) that ``If there is a 
conflict or overlap [between emergency-response provisions in 
Sec. 1910.120 and provisions in substance-specific standards], the 
provision more protective of employee safety and health shall apply * * 
*.''
    OSHA believes that the emergency-response provisions in 
Sec. 1910.120 are more protective overall than the relevant provisions 
in the vinyl chloride standard. Further, the provisions of 
Sec. 1910.120, which require development of a broad program to 
appropriately respond to any potential emergency situation, may be 
viewed as giving more flexibility to employers to tailor and implement 
effective comprehensive emergency-response programs to suit their 
needs. Key provisions in Sec. 1910.120(q) that would apply where there 
is a potential emergency associated with the release of vinyl chloride 
address the following: Development and implementation of an emergency 
response plan, paragraph (q)(1); elements required to be included in 
the emergency response plan, paragraph (q)(2); procedures for handling 
emergency response, paragraph (q)(3); use of skilled support personnel, 
paragraph (q)(4); use of specialist employees, paragraph (q)(5); 
training of emergency personnel, paragraph (q)(6), (7), and (8); 
medical surveillance and consultation for emergency-response personnel, 
paragraph (q)(9); use of chemical protective clothing, paragraph 
(q)(10); and procedures for post-emergency-response operations, 
paragraph (q)(11).
    OSHA believes, therefore, that deletion of Sec. 1910.1017(g)(5) (i) 
and (ii), in favor of Sec. 1910.120, will not result in an increased 
risk to the safety or health of employees engaged in vinyl chloride 
emergency response operations. The Agency solicits comment on the 
question of the sufficiency of Sec. 1910.120 to address the protection 
of vinyl chloride emergency response employees if, as proposed here, 
the emergency response provisions currently in the vinyl chloride 
standard are deleted.
P. Inorganic Arsenic (Sec. 1910.1018)
    OSHA is proposing to revise the existing medical surveillance 
requirements in paragraph (n) of 29 CFR 1910.1018, that address 
inorganic arsenic, with respect to sputum-cytology examinations and 
chest x-rays. The requirement in paragraph (n)(2)(ii)(C) of 
Sec. 1910.1018 that provides for a semi-annual sputum-cytology 
examination for employees 45 years of age or older or with 10 or more 
years of exposure over the action level is proposed to be deleted. 
Sputum-cytology examination was included originally under medical 
surveillance programs for arsenic workers based on OSHA's belief that 
such examinations were useful in screening for lung cancer.
    In reevaluating this provision, the Agency has found no studies 
that address the efficacy of sputum-cytology examinations as a 
screening tool for lung cancer for workers specifically exposed to 
inorganic arsenic. Two randomized controlled studies [Exs. 1-1, 1-2], 
however, were evaluated with respect to the benefit of sputum-cytology 
examinations as a screening tool for lung cancer in another high-risk 
group, namely male smokers 45 years of age and older. The two studies 
included the Johns Hopkins Lung Project [Ex. 1-3] and the Memorial 
Sloan-Kettering Lung Project [Ex. 1-4], both part of the National 
Cancer Institute Cooperative Early Lung Cancer Detection Program. 
Together, the studies included 20,427 male smokers. These men were 
assigned at random to a dual-screen group (in which subjects underwent 
an annual chest radiograph, and sputum-cytologic study every 4 months) 
or to a single-screen group (in which annual chest radiographic 
screening was performed).
    For both studies, there were no significant differences between the 
dual-screen and single-screen groups in the total number of lung-cancer 
cases, the number of late-stage lung-cancer cases, the number of 
resectable lung cancers, 5 year (Sloan Kettering) and 8 year (Johns 
Hopkins) survival rates and the number of lung-cancer deaths. 
Therefore, sputum cytology did not add any benefit to a lung cancer 
screening program that already included annual chest x-rays.
    False-positive sputum-cytology results can be as high as 10 percent 
in patients with pulmonary infections and bronchial asthma [Ex. 1-5]. 
False positive results can lead to extensive testing, costs, and 
anxiety. A positive sputum-cytology examination, with a negative chest 
x-ray, is usually followed by an examination of the oral cavity, the 
pharynx, and the larynx by both direct visualization and flexible, 
fiber-optic laryngoscopy. If this examination is negative, then the 
lower respiratory tract is visualized by flexible fiber-optic 
bronchoscopy; bronchial washings and biopsy are often included. In 
addition, imaging studies may be done, including computed tomography 
(CT scan) and magnetic-resonance imaging (MRI). The more invasive of 
these procedures have inherent risks, including death [Ex. 1-6].
    The American Cancer Society's recommendations for early detection 
of cancer in asymptomatic persons do not include the use of sputum-
cytology examinations [Ex. 1-7]. The Society's decision in this regard 
was based on the lack of epidemiological evidence that would support 
the use of sputum-cytology screening, and the risks and costs 
associated with false positive exams [Ex. 1-8]. Therefore, since 
available data do not indicate that sputum-cytology examination adds 
any benefit to a lung-cancer screening program that already includes 
annual chest x-rays, and since false-positive results can lead to 
unnecessary and harmful medical follow-up procedures, OSHA is proposing 
that sputum-cytology examinations be deleted from the medical-
surveillance requirements of the inorganic arsenic standard.
    OSHA solicits comments on these conclusions with respect to the 
value of sputum-cytology exams, and requests submission of other data 
and views that may support or dispute the Agency's findings and 
conclusions.

Exhibits

    1-1. Strauss GM, et al. Chest x-ray screening improves outcome 
in lung cancer: A reappraisal of randomized trials on lung cancer 
screening. Chest 107:270S-279S, June 1995.
    1-2. Berlin NI, et al. The National Cancer Institute cooperative 
early lung cancer detection program. American Review of Respiratory 
Disease 130:545-49, 1984.
    1-3. Tockman M. Survival and mortality from lung cancer in a 
screened population: The Johns Hopkins study. Chest 89(suppl):324S-
25S, 1986.
    1-4. Melamed MR, et al. Screening for early lung cancer: Results 
of the Memorial Sloan-Kettering Study in New York. Chest 86:44-53, 
1984.
    1-5. Benpassat J, et al. Predictive value of sputum cytology. 
Thorax 42:165-169, 1987.
    1-6. Credle WF, et al. Complications of fiber optic 
bronchoscopy. American Review of Respiratory Disease 109:67-72, 
1974.
    1-7. Holleb AI, et al. American Cancer Society Textbook of 
Clinical Oncology, p. 155, American Cancer Society, 1991.
    1-8. Holleb AI, et al. American Cancer Society Textbook of 
Clinical Oncology, p. 168-170, American Cancer Society, 1991.

    OSHA is also proposing to revise the requirement in paragraph 
(n)(3)(ii) of Sec. 1910.1018 of the inorganic arsenic standard, that 
provides for a semiannual chest x-ray for employees who are 45 years of 
age or older or who have 10 or more years of arsenic exposure over the 
action level. OSHA is proposing that the required frequency of chest x-
ray for these employees be changed from

[[Page 37855]]

semiannual to annual. OSHA originally adopted the provision for 
semiannual x-rays based on the belief that such semiannual examinations 
were valid for screening for lung cancer.
    OSHA maintains that it is necessary and appropriate to provide 
employees exposed to inorganic arsenic with a medical surveillance 
program, including chest x-rays, for the early detection of lung 
cancer. However, the Agency recognizes that the efficacy of providing 
chest x-rays semiannually for this purpose has never been determined by 
a large, randomized, and controlled scientific study.
    Two recent randomized controlled studies [Exs. 1-1,1-2], were 
conducted on a group at high risk for developing lung cancer (namely, 
male smokers 45 years of age and older), and were evaluated with 
respect to the utility of periodic x-rays. These studies, which 
included the Mayo Lung Project [Ex. 1-9] and the Czechoslovak Study 
[Ex.1-10], were designed specifically to assess the efficacy of chest 
x-rays in detecting early-stage lung cancer among the members of this 
group. The studies compared several outcomes between experimental 
groups that were assessed using chest x-rays administered at periodic 
intervals (4 months in the Mayo Lung Project and 6 months in the 
Czechoslovak Study) and control groups receiving infrequent, sporadic, 
or (in some cases) no chest x-rays. (Participants in both the 
experimental and control groups were administered chest x-rays at the 
beginning of each study to ensure that they had no detectable lung 
tumors that would bias the research outcomes.)
    These studies found that periodic chest x-rays led to enhanced 
detection of early-stage lung cancer and, as a consequence, higher 
rates of respectability for this cancer. As demonstrated by a 
subsequent analysis of these studies [Ex. 1-11], lung-cancer-specific 
survival based on fatality rate (i.e., number of deaths per diagnosed 
cases) improved significantly. This analysis also showed that the lower 
fatality rate among the experimental groups was not the result of 
overdiagnosis for lung cancer or lead-time bias. For the Mayo Lung 
Project and the Czechoslovak Study, respectively, fatality rates were 
found to be 59% and 78% in the experimental groups, and 72% and 95% in 
the control groups of persons diagnosed with lung cancer.
    The efficacy of chest x-rays was also demonstrated by analyzing the 
outcomes for the few experimental group participants who did not 
undergo surgery when diagnosed with early-stage lung cancer, either 
because they refused surgery or surgery was contraindicated. This 
analysis was part of the research described in Exhibit 1-11, which 
combined the outcomes for experimental group participants in the Mayo 
Lung Project with similar experimental group participants from two 
other groups (the Memorial Sloan-Kettering Project and the Johns 
Hopkins Lung Project). The 5 year fatality rate for the nonsurgery 
participants was about 90 percent, compared with a 30-percent fatality 
rate for those participants who underwent cancer surgery. This 
comparison provides strong support for the efficacy of chest x-rays in 
detecting early-stage lung cancer and enhancing the survival of those 
participants who undergo subsequent surgery for removal of a detected 
tumor. Additionally, this comparison indicates that overdiagnosis and 
lead-time biases did not contribute significantly to the fatality-rate 
differences obtained between the experimental and control groups in the 
Mayo Lung Project and Czechoslovak Study.
    Based on this discussion, OSHA believes that employees exposed to 
inorganic arsenic continue to need medical surveillance to detect lung 
cancer, and that chest x-rays are a valid method of detecting lung 
cancer. The proposed revision to the standard would reduce the 
frequency of chest x-rays from semiannual to annually.
    This proposed frequency is based on an analysis described in 
Exhibit 1-11 showing that the 5-year fatality rate (about 30-35 
percent) for persons diagnosed with lung cancer was the same for the 
experimental-group participants in the Mayo Lung Project, which 
administered chest x-rays every 4 months, and the experimental-group 
participants in the Memorial Sloan-Kettering Project and the Johns 
Hopkins Lung Project, which performed chest x-rays once a year. [See 
also Exs. 1-12 and 1-13] This analysis demonstrates that fatality rates 
did not differ in any practical or statistically significant fashion 
across these three major studies. OSHA, therefore, finds that an annual 
chest x-ray satisfies the purpose of the medical surveillance program 
required under the standard.
    In summary, large randomized controlled studies indicate that 
semiannual chest radiography screenings show no benefit over annual 
screenings. OSHA believes that annual chest radiography screening of 
high-risk individuals, including workers exposed to inorganic arsenic, 
should continue since epidemiological data support the use of chest x-
rays for detecting early-stage lung cancer; this decision results in 
lowering lung cancer fatality rates.
    Further, although it is possible that intervals between x-rays for 
high-risk workers could be longer than 1 year, the Agency has no data 
to demonstrate precisely what other interval would be more appropriate. 
OSHA, therefore, believes that an annual x-ray provision is reasonable. 
Moreover, if the Agency has erred in this instance, it has done so on 
the side of over-protection rather than under-protection, as sanctioned 
by the U.S. Supreme Court in Industrial Union Department v. American 
Petroleum Institute, 448 U.S. 607 (1980).
    OSHA solicits comment on these conclusions with respect to the 
value of performing annual x-rays, and requests submission of data and 
views that may support or dispute the Agency's findings and 
conclusions.

Exhibits

    1-1. Strauss GM, et. al. Chest x-ray screening improves outcome 
in lung cancer: A reappraisal of randomized trials on lung cancer 
screening. Chest 107:270S-279S, June 1995.
    1-2. Berlin NI, et. al. The National Cancer Institute 
cooperative early lung cancer detection program. American Review of 
Respiratory Diseases 130:545-49, 1984.
    1-9. Fontana R, et. al. Lung cancer screening: The Mayo Program. 
Journal of Occupational Medicine 28:746-50, 1986.
    1-10. Fontana R, et. al. Screening for lung cancer, a critique 
of the Mayo Lung Project. Cancer 67:1155-64, 1991.
    1-11. Kubik A, Polak J. Lung cancer detection: Results of a 
randomized prospective study in Czechoslovakia. Cancer 57:2428-37, 
1986.
    1-12. Kubik A, et. al. Lack of benefit from semi-annual 
screening for cancer of the lung: Follow-up report of a randomized 
controlled trial on population of high risk males in Czechoslovakia. 
International Journal of Cancer 45:26-33, 1990.
    1-13. U.S. Preventive Medicine Task Force. Guide to Clinical 
Preventive Services: An Assessment of the Effectiveness of 169 
Interventions, p. 67-70. Williams & Wilkins, Baltimore, MD, 1989.
Q. Coke Oven Emissions (Sec. 1910.1029)
    OSHA is proposing to revise the existing medical surveillance 
requirements in 29 CFR 1910.1029, coke oven emissions, with respect to 
sputum-cytology examinations and chest x-rays. The requirement in 
paragraph (j)(2)(vii) of Sec. 1910.1029 that provides for a semiannual 
sputum-cytology examination for employees 45 years of age or older or 
with 5 or more years employment in the regulated area is proposed to be 
deleted. Sputum-cytology examination was included originally in the 
medical surveillance programs for coke oven workers based on OSHA's 
belief that such

[[Page 37856]]

examinations were useful in screening for lung cancer. (Note: Much of 
the following discussion of sputum-cytology examinations duplicates the 
discussion on that topic provided under ``P. Inorganic Arsenic'' 
above.)
    In reevaluating this provision, the Agency found no available 
studies that address the efficacy of sputum-cytology examinations as a 
screening tool for lung cancer for workers specifically exposed to coke 
oven emissions. Two randomized controlled studies [Exs. 1-1, 1-2] 
however, were evaluated with respect to the benefit of sputum-cytology 
examinations as a screening tool for lung cancer in a high-risk group, 
namely male smokers 45 years of age and older. Two of these studies 
were the Johns Hopkins Lung Project [Ex. 1-3] and the Memorial Sloan-
Kettering Lung Project [Ex. 1-4], both part of the National Cancer 
Institute Cooperative Early Lung Cancer Detection Program. Together, 
the studies included 20,427 male smokers. These men were assigned 
randomly to a dual-screen group (in which subjects underwent annual 
chest radiograph and sputum-cytologic study every four months) or to a 
single-screen group (in which annual chest radiographic screening was 
performed).
    For both studies, there were no significant differences between the 
dual-screen and single-screen groups in the total number of lung cancer 
cases, the number of late-stage lung cancer cases, the number of 
resectable lung cancers, 5 year (Sloan Kettering) and 8 year (Johns 
Hopkins) survival rates, and the number of lung cancer deaths. 
Therefore, sputum-cytology did not add any benefit to a lung cancer 
screening program that already included annual chest x-rays.
    False-positive sputum-cytology results can be as high as 10 percent 
in patients with pulmonary infections and bronchial asthma [Ex. 1-5]. 
False positive results can lead to extensive testing, costs, and 
anxiety. A positive sputum-cytology examination, with a negative chest 
x-ray, is usually followed by an examination of the oral cavity, the 
pharynx, and the larynx by both direct visualization and flexible 
fiber-optic laryngoscopy. If this is negative, then the lower 
respiratory tract is visualized by flexible fiber-optic bronchoscopy; 
bronchial washings and biopsy are often included. In addition, imaging 
studies may be done, including computed tomography (CT scan) and 
magnetic resonance imaging (MRI). The more invasive of these procedures 
have inherent risks including death [Ex. 1-6].
    The American Cancer Society's recommendations for early detection 
of cancer in asymptomatic persons do not include the use of sputum-
cytology examinations [Ex. 1-7]. This decision was based on the lack of 
epidemiological evidence that would support the use of sputum-cytology 
screening, and the risks and costs associated with false positive exams 
[Ex. 1-8].
    Therefore, since available data do not indicate that sputum-
cytology examination adds any benefit to a lung cancer screening 
program that already includes annual chest x-rays, and since false-
positive results can lead to unnecessary and harmful medical follow-up 
procedures, OSHA is proposing that sputum-cytology examinations be 
deleted from the medical surveillance requirements of the coke oven 
emission standard.
    OSHA solicits comment on these conclusions with respect to the 
value of sputum-cytology exams, and requests submission of other data 
and views that may support or dispute the Agency's findings and 
conclusions.

Exhibits

    1-1. Strauss GM, et al. Chest x-ray screening improves outcomein 
lung cancer: A reappraisal of randomized trials on lung cancer 
screening. Chest 107:270S-279S, June 1995.
    1-2. Berlin NI, et al. The National Cancer Institute cooperative 
early lung cancer detection program. American Review of Respiratory 
Disease 130:545-49, 1984.
    1-3. Tockman M. Survival and mortality from lung cancer in a 
screened population: The Johns Hopkins study. Chest 89(suppl):324S-
25S, 1986.
    1-4. Melamed MR, et al. Screening for early lung cancer: results 
of the Memorial Sloan-Kettering study in New York. Chest 86:44-53, 
1984.
    1-5. Benpassat J, et al. Predictive value of sputum cytology. 
Thorax 42:165-169, 1987.
    1-6. Credle WF, et al. Complications of fiber optic 
bronchoscopy. American Review of Respiratory Disease 109:67-72, 
1974.
    1-7. Holleb AI, et al. American Cancer Society Textbook of 
Clinical Oncology, p. 155, American Cancer Society, 1991.
    1-8. Holleb AI, et al. American Cancer Society Textbook of 
Clinical Oncology, p. 168-170, American Cancer Society, 1991.

    The requirement in Sec. 1910.1029, paragraph (j)(3)(ii) of the coke 
oven emissions standard, which provides for a semiannual chest x-ray 
for employees 45 years of age or older or with 5 or more years 
employment in a regulated area, is proposed for revison. OSHA is 
proposing that this requirement be revised to require an annual chest 
x-ray in the medical surveillance program for the group of employees 
noted above. OSHA adopted the provision for semiannual x-rays 
originally in the belief that semiannual examinations were valid for 
screening for lung cancer.
    OSHA maintains that it is necessary and appropriate to provide 
coke-oven employees with a medical surveillance program, including 
chest x-rays, for the early detection of lung cancer. However, the 
Agency recognizes that the efficacy of providing chest x-rays 
semiannually for this purpose has never been determined by a large, 
randomized, and controlled scientific study.
    Two recent randomized controlled studies [Exs. 1-1, 1-2], were 
conducted on a group at high risk for developing lung cancer (namely, 
male smokers 45 years of age and older), and were evaluated with 
respect to the utility of periodic x-rays. Two of these studies, 
referred to as the Mayo Lung Project [Ex. 1-9] and the Czechoslovak 
Study [Ex. 1-10], were designed specifically to assess the efficacy of 
chest x-rays in detecting early-stage lung cancer among the members of 
this group. The studies compared several outcomes between experimental 
groups that were assessed using chest x-rays administered at periodic 
intervals (four months in the Mayo Lung Project and six months in the 
Czechoslovak Study) and control groups receiving infrequent, sporadic, 
or (in some cases) no chest x-rays. (Participants in both the 
experimental and control groups were administered chest x-rays at the 
beginning of each study to ensure that they had no detectable lung 
tumors that would bias the research outcomes.)
    The results of these studies found that periodic chest x-rays led 
to enhanced detection of early-stage lung cancer and, as a consequence, 
higher rates of resectability for this cancer. As demonstrated by a 
subsequent analysis of these studies [Ex. 1-11], lung-cancer-specific 
survival based on fatality rate (i.e., number of deaths per diagnosed 
cases) improved significantly. This analysis also showed that the lower 
fatality rate among the experimental groups was not the result of 
overdiagnosis for lung cancer or lead-time bias. For the Mayo Lung 
Project and the Czechoslovak Study, respectively, fatality rates were 
found to be 59% and 78% in the experimental groups, and 72% and 95% in 
the control groups of persons diagnosed with lung cancer.
    The efficacy of chest x-rays was also demonstrated by analyzing the 
outcomes for the few experimental-group participants who did not 
undergo surgery when diagnosed with early-stage lung cancer, either 
because they refused surgery or surgery was contraindicated. This 
analysis was part of the research described in Exhibit 1-11, which 
combined the outcomes for experimental-group participants in the

[[Page 37857]]

Mayo Lung Project with similar experimental-group participants from two 
other studies (the Memorial Sloan-Kettering and Johns Hopkins Lung 
Projects). The 5-year fatality rate for the nonsurgery participants was 
about 90-percent, compared to a 30-percent fatality rate for those 
participants who underwent cancer surgery. This comparison provides 
strong support for the efficacy of chest x-rays in detecting early-
stage lung cancer and enhancing the survival of those participants who 
undergo subsequent surgery for removal of a detected tumor. 
Additionally, this comparison indicates that overdiagnosis and lead-
time biases did not contribute significantly to the fatality-rate 
differences obtained between the experimental and control groups in the 
Mayo Lung Project and Czechoslovak Study.
    Based on this discussion, OSHA believes that employees exposed to 
coke-oven emissions continue to need medical surveillance to detect 
lung cancer, and that chest x-rays are a valid method of detecting lung 
cancer. The proposed revision to the standard would reduce the 
frequency of chest x-rays from semi-annually to annually.
    This proposed frequency is based on an analysis described in 
Exhibit 1-11 showing that the 5-year fatality rate (about 30-35 
percent) for persons diagnosed with lung cancer was the same for the 
experimental-group participants in the Mayo Lung Project, which 
administered chest x-rays every four months, and the experimental-group 
participants in the Memorial Sloan-Kettering and Johns Hopkins Lung 
Projects, which performed chest
x-rays once a year. [see, also, Exs. 1-12, 1-13]. This analysis 
demonstrates that fatality rate did not differ in any practical or 
statistically-significant fashion across these three major studies. 
OSHA, therefore, finds that an annual chest x-ray satisfies the purpose 
of the medical surveillance program required under the standard.
    In summary, Large randomized controlled studies indicate that semi-
annual chest radiography screenings show no benefit over annual 
screenings. OSHA believes that annual chest radiography screening of 
high-risk individuals, including coke oven workers, should continue 
since epidemiological data support the use of chest x-rays for 
detecting early-stage lung cancer; this decision results in lower lung 
cancer fatality rates.
    Further, although it is possible that intervals between x-rays for 
high risk workers could be longer than 1 year, the Agency has no data 
to demonstrate precisely what other interval would be more appropriate. 
OSHA believes an annual x-ray provision is reasonable. Moreover, if the 
Agency has erred in this instance, it has done so on the side of over-
protection rather than under-protection, as sanctioned by the U.S. 
Supreme Court in Industrial Union Department v. American Petroleum 
Institute, 448 U.S. 607 (1980).
    OSHA solicits comment on these conclusions with respect to the 
value of performing annual x-rays, and requests submission of data and 
views that may support or dispute the Agency's findings and 
conclusions.

Exhibits

    1-1. Strauss GM, et al. Chest x-ray screening improves outcome 
in lung cancer: A reappraisal of randomized trials on lung cancer 
screening. Chest 107:270S-279S, June 1995.
    1-2. Berlin NI, et al. The National Cancer Institute cooperative 
early lung cancer detection program. American Review of Respiratory 
Diseases 130:545-49, 1984.
    1-9. Fontana R, et al. Lung cancer screening: The Mayo Program. 
Journal of Occupational Medicine 28:746-50, 1986.
    1-10. Fontana R, et al. Screening for lung cancer, a critique of 
the Mayo Lung Project. Cancer 67:1155-64, 1991.
    1-11. Kubik A, Polak J. Lung cancer detection: Results of a 
randomized prospective study in Czechoslovakia. Cancer 57:2428-37, 
1986.
    1-12. Kubik A, et al. Lack of benefit from semi-annual screening 
for cancer of the lung: Follow-up report of a randomized controlled 
trial on population of high risk males in Czechoslovakia. 
International Journal of Cancer 45:26-33, 1990.
    1-13. U.S. Preventive Medicine Task Force. Guide to Clinical 
Preventive Services: An Assessment of the Effectiveness of 169 
Interventions, p. 67-70. Williams & Wilkins, Baltimore, MD, 1989.

Amendments to Part 1926

A. Incorporation by Reference (Sec. 1926.31)
    Based on its ongoing review of compliance and enforcement 
activities and recommendations from its Advisory Committee on 
Construction Safety and Health (ACCSH), OSHA is aware that difficulties 
have arisen regarding certain provisions of part 1926 that were adopted 
under sections 6(a) of the Act. Many of the standards adopted under 
section 6(a) were American National Standards Institute (ANSI) or 
National Fire Protection Association (NFPA) consensus standards which 
were incorporated by reference and contained advisory provisions (e.g. 
use the word ``should'' rather than ``shall'').
    In the past, OSHA maintained that all standards, regardless of 
whether the term ``should'' or ``shall'' is used, created mandatory 
compliance responsibilities. Employers consistently challenged this 
position on the basis that section 6(a) of the Act only gave OSHA the 
authority to adopt ANSI standards verbatim. In ANSI standards, use of 
the term ``should'' means that the provision is only advisory. 
Therefore, employers maintained that ANSI ``should'' standards could 
only be advisory when adopted or incorporated by reference by OSHA 
under section 6(a).
    Enforcement of ``should'' standards has been denied by the 
Occupational Safety and Health Review Commission, and by most of the 
appellate courts in which contested cases have been heard. For example, 
in Marshall v. Pittsburgh-Des Moines Steel Company, 584 F.2d 638, 643-
44 (1978), the Third Circuit Court of Appeals determined that 
``should'' standards were merely advisory because the consensus 
organization had reached ``substantial agreement'' that these 
provisions be viewed only as recommendations, and not as mandatory 
standards.
    The courts have also ruled that failure to adopt an ANSI provision 
verbatim renders the resulting OSHA Section 6(a) provision invalid and 
unenforceable (see Usery v. Kennecott Copper Corporation, 577 F.2d 
1113, 1117 (10th Cir. 1977)).
    Although the ``should'' standards have not been enforceable in and 
of themselves, OSHA has employed them to demonstrate the existence of 
``recognized hazards'' under the general duty clause (section 5(a)(1)) 
of the Act. However, the Review Commission has ruled that, as long as 
the ``should'' provision remains in effect as a OSHA standard, OSHA may 
not issue a general duty clause citation for the hazard it addresses 
(see A. Prokosch & Sons Sheet Metal and Mid Hudson Automatic Sprinkler, 
1980 CCH OSHD para.24,840). Based on the fact that OSHA cannot enforce 
these provisions either directly or indirectly, the Agency proposes to 
revise Sec. 1926.31(a) to clarify that only the mandatory requirements 
of incorporated consensus standards are adopted as OSHA standards. The 
removal of the advisory provisions will also serve to simplify and 
streamline existing part 1926 standards.
    In 1984, OSHA conducted a rulemaking for 29 CFR part 1910 (General 
Industry Standards) that was similar to the one described above for the 
construction standards in part 1926. That is, paragraph (a) of 
Sec. 1910.6 was revised to clarify that only the mandatory provisions 
of standards incorporated by reference are adopted as OSHA general 
industry standards (49 FR 5318).

[[Page 37858]]

    Paragraph (a) of Sec. 1926.31 currently provides that ``the 
specifications, standards and codes * * * to the extent they are 
legally incorporated by reference in this part, have the same force and 
effect as other standards in this part.'' OSHA is proposing to add a 
sentence at the end of Sec. 1926.31(a) to read as follows: ``Only the 
mandatory provisions (that is, provisions containing the word ``shall'' 
or other mandatory language) of standards incorporated by reference are 
adopted as standards under the Occupational Safety and Health Act.'' 
This amendment will effectively eliminate ``should'' standards 
incorporated by reference into part 1926.
B. Medical Services and First Aid (Sec. 1926.50)
    Paragraph (d)(1) of Sec. 1926.50 states that ``First-aid supplies 
approved by the consulting physician shall be easily accessible when 
required.'' Since first-aid kits that are commercially available will 
meet the needs of most employers, it is unnecessary for most employers 
to have a physician approve the contents of a first-aid kit. However, 
if the workplace has unusual hazards or special situations that would 
require modification of a commercial first-aid kit, or the development 
of a specialized kit, the Agency expects that the employer will provide 
these special items. If the employer is unsure whether a commercially 
available kit is sufficient, professional advice should be obtained. 
Such advice, however, would not be required as a matter of course. 
Accordingly, OSHA proposes to revise paragraph (d)(1) of Sec. 1926.50 
to eliminate the requirement for physician approval of first-aid 
supplies. The Agency believes that this change will allow the employer 
more flexibility in meeting the first-aid requirements without 
affecting employee safety.
    Paragraph (f) of Sec. 1926.50 states that the ``telephone numbers 
of the physicians, hospitals, or ambulances shall be conspicuously 
posted.'' This outdated requirement places an unnecessary burden on the 
employer. Since the 911 emergency number is nearly universal, OSHA 
proposes to revise this paragraph to limit the requirement for posting 
these numbers to those areas where the 911 emergency number is not 
available.
C. Flammable and Combustible Liquids (Sec. 1926.152)
    Paragraph (a)(1) of Sec. 1926.152 states that ``only approved 
containers and portable tanks shall be used for storage and handling of 
flammable and combustible liquids. Approved metal safety cans shall be 
used for the handling and use of flammable liquids in quantities 
greater than one gallon * * *.'' While approved metal safety cans are 
still acceptable, OSHA notes that various nationally recognized testing 
laboratories have also approved the use of plastic safety cans for 
flammable liquids. OSHA proposes to revise this paragraph to allow the 
use of approved plastic safety cans in addition to approved metal 
safety cans.
    A ``safety can'', by definition, is a container with a capacity of 
5 gallons or less that is equipped with a spring-closing lid and spout 
cover, a means to relieve internal pressure, and a flash-arresting 
screen. The Agency has determined that Department of Transportation 
(DOT)-approved containers of 5-gallon capacity or less, that are not 
equipped with a spring-closing lid, spout cover and flash-arresting 
screen can be used to transport relatively small quantities of 
flammable liquids safely. OSHA thus proposes to make DOT-approved 
containers of 5-gallon capacity or less also acceptable for the 
storage, use, and handling of flammable and combustible liquids.
    OSHA is also proposing to revise Sec. 1926.152(a)(1) to allow the 
use of the original container for quantities of flammable liquids that 
are one gallon or less. Where the original container is available, the 
employer may choose to use it, instead of an approved safety can for 
quantities of one gallon or less. If the original container is not 
available, an approved safety can must be used.
D. Initiation of Explosive Charges--Electric Blasting (Sec. 1926.906)
    Paragraph (q) of Sec. 1926.906 states that ``Blasters, when testing 
circuits to charged holes, shall use only blasting galvanometers 
equipped with a silver chloride cell especially designed for this 
purpose.'' This provision specifically requires the use of silver 
chloride dry cells as a power source for testing electric blast caps. 
By contrast, paragraph (e)(4)(vii) of Sec. 1910.109, Explosives and 
blasting agents, states that ``Blasters, when testing circuits to 
charged holes, shall use only blasting galvanometers designed for this 
purpose'' and does not specifically require the use of silver chloride 
cells. In addition, the Mine Safety and Health Administration currently 
allows for the use of a blasting galvanometer or other instruments that 
are specifically designed for testing blasting circuits (30 CFR CH.1 
Sec. 56.6407). Therefore, OSHA proposes to correct this inconsistency 
by revising paragraph (q) of Sec. 1926.906 to allow the use of other 
types of instruments, in addition to those equipped with silver-
chloride cells, when testing circuits to charged holes.

III. Summary of the Preliminary Economic, Feasibility and Regulatory 
Flexibility Analyses

Preliminary Economic Analysis

    The Agency is proposing to eliminate a number of provisions in its 
standards that are duplicative, unnecessary, or potentially in conflict 
with the rules of other Federal agencies. All of the changes OSHA is 
proposing to make are expected to benefit the regulated community by 
reducing confusion, enhancing utility, and increasing readability. Only 
four of the proposed changes, however, have quantifiable economic 
benefits. Although the extent to which employers currently comply with 
these provisions is not known, economists generally assume full 
compliance when assessing the costs of regulations. The same compliance 
baseline is also used to evaluate benefits. By eliminating these 
``problem'' provisions for its standards, OSHA will lessen the burdens 
employers currently experience to comply with them, which will, in 
turn, generate cost savings. First Aid Kits
    The proposed rule would eliminate the requirements in 
Sec. 1910.151(b) and Sec. 1926.50(d)(1) that employers must have first 
aid supplies approved by a consulting physician. This requirement does 
not apply to all facilities; instead it depends on whether an 
infirmary, clinic, or hospital is nearby and would be used by the 
employer to treat all injured employees, i.e., the requirement applies 
only in cases where no such facilities are in close proximity and the 
employer intends to treat first aid injuries on site. Although the 
number of establishments meeting these criteria is uncertain, the 
Agency believes it is reasonable to assume that 10 percent of 
establishments would do so. How the physician is to provide this 
consultation is not specified in OSHA's provisions. OSHA assumes that, 
at most, five minutes of a physician's time, valued at $100/hr,1 
would be required to approve the contents of the first aid kit at these 
establishments. For purposes of this analysis, OSHA also assumes that 
the physician provides 5 minutes of his or her time at an hourly wage 
rate, i.e., at a cost of $8.33.
---------------------------------------------------------------------------

    \1\ Opportunity cost as measured by the market price for 
occupational physical exams. Agency estimates for the cost of exams 
suggest a rate of about $100 an hour.
---------------------------------------------------------------------------

    This analysis further assumes that the physician needs
FR Doc. 96-18268 Miscellaneous Changes to General Industry and Construction Standards; Proposed Paperwork Collection, Comment Request for Coke Oven Emissions and Inorganic Arsenic
 to approve 
the first aid supplies once every 10 years, after which time the 
development of new

[[Page 37859]]

kinds of medical supplies and the possibility of new hazards in the 
workplace would require a new consultation. The cost of 5 minutes of a 
physician's time annualized over 10 years is $1.19.
    The Agency estimates that approximately 6.4 million employers fall 
under OSHA jurisdiction and would be affected by this change (County 
Business Patterns, 1993). Therefore, the annualized cost of satisfying 
these provisions is currently estimated to be $761,600 ((6.4 million 
x  10%)  x  $1.19). By eliminating this requirement, OSHA will reduce 
this burden, as well as the paperwork burden associated with obtaining 
and recording the physician's approval.

Coke Oven Emissions

    The proposed revision to Sec. 1910.1029(j) would eliminate the 
requirement for semiannual sputum cytology tests and reduce the 
required frequency of chest x-rays from semiannual to annual for 
workers who are 45 years of age or older or who have 5 or more years of 
employment in regulated areas. Regulated areas encompass the coke oven 
battery, including topside and its machinery, pushside and its 
machinery, coke side and its machinery, and battery ends; the wharf; 
the screening station; and the beehive oven and its machinery.
    The Inflationary Impact Statement developed for OSHA in support of 
Sec. 1910.1029 (Inflationary Impact Statement: Coke Oven Emissions, 
1976) estimated total employment in coke ovens at 29,600. The same 
analysis estimated that 75 percent of these employees worked in 
regulated areas. The 1992 Census of Manufacturers (Industry Series) 
indicated total employment in SIC 33121 (Coke Oven and Blast Furnace 
Products) at 8,600 and total production manhours at 15.7 million. A 
separate Census Industry Series count specific to coke ovens indicates 
a total of 11.2 million production manhours, which constitutes 
approximately 71 percent of SIC 33121's productive manhours, suggesting 
a total employment count in coke ovens of 6,135.
    Assuming that the proportion of coke oven employees in regulated 
areas has remained constant, approximately 4,600 employees work in 
regulated areas at the present time. Approximately 30 percent of the 
workforce in 1994 was over 45 years of age (BLS data presented in 
Statistical Abstract of the United States, 1995, p. 402). Turnover 
rates in SIC 33, which includes coke ovens, are estimated at 5 percent 
annually (National Occupational Exposure Survey: Analysis of Management 
Interview Responses, 1988). A simple probability calculation suggests 
that approximately 77 percent of the regulated area workforce will have 
been exposed to coke oven emissions for 5 years or more.2 
Adjusting this percentage to reflect the assumption that 30 percent of 
employees are over 45 years of age results in an estimate of 84 percent 
3 of coke oven employees (3,864 workers) potentially affected by 
the proposed revocation of this requirement.
---------------------------------------------------------------------------

    \2\ (1-.05)\5\=.77 This calculation assumes equal probability of 
turnover in each year thereafter.
    \3\ ((.77) x (1-.30))+(.30)=.84 All other things equal, at least 
30 percent of those with 5 or more years of exposure would be over 
45.
---------------------------------------------------------------------------

    1994 data obtained from the Physician Payment Review Commission (e-
mail from Christopher Hogan, PPRC, to Tom Mockler, OSHA) indicate a 
national average x-ray charge of $54.40 and an average lab charge for 
cytology examination of bodily fluids of $51.90. There is also the 
potential for an additional charge averaging $19.00 for sputum specimen 
collection, but this is assumed to be contained within the fee for a 
medical exam. Therefore the savings for eliminating one chest x-ray and 
two sputum cytologies annually would be $158.20 per worker ($54.40 for 
one x-ray, plus $103.80 for two sputum cytology tests). For the group 
of 3,864 employees, the annual savings would be $611,285.

Inorganic Arsenic

    As in the case of the coke oven standard, OSHA is proposing to 
eliminate the requirement for sputum cytology and reduce the frequency 
of chest x-ray exams from semiannual to annual for workers exposed 
above the inorganic arsenic action level of 5 g/m \3\ (29 CFR 
1910.1018). Paragraph (n) of Sec. 1910.1018 currently requires 
employees exposed above the action level for 30 days per year to 
receive these medical surveillance elements semi-annually if they are 
45 years of age or older, or if they have had more than 10 years of 
exposure above the action level.
    The Federal Register notice for the inorganic arsenic rulemaking 
[(May 5, 1978), p. 19585] indicated that of 660,000 workers exposed, 
7,400 were exposed above 4 g/m \3\, i.e., close to or above 
the action level. Although arsenic uses and related exposures have 
shifted over time, the level of inorganic arsenic use in the U.S. 
appears to be approximately the same as it was at the time of the 
original rulemaking 4. Therefore, for the purposes of this 
analysis, the Agency assumes that the exposed population size is also 
unchanged.
---------------------------------------------------------------------------

    \4\ Based on the estimated level of raw arsenic trioxide 
consumed in U.S. (Arsenic: Industrial, Biomedical, Environmental 
Perspectives, 1983, p. 7; Bureau of Mines, Mineral Commodity 
Summary, 1995).
---------------------------------------------------------------------------

    At the time of the original rulemaking, the Inflationary Impact 
Statement (Inflationary Impact Statement: Inorganic Arsenic, 1976) 
estimated that 50% of employees above the action level would need the 
semi-annual exams, based on OSHA's analysis of age, job tenure and 
turnover. Applying the same assumptions, the Agency estimates that 
approximately 3,700 workers would be affected by the proposed revisoin 
to this provision. This change will eliminate the need for testing 
valued at $158.20 (see the explanation above for coke ovens for cost 
details) for 3,700 employees, for an annual savings of $584,340.

Pulp and Paper

    The existing pulp and paper standard, Sec. 1910.261, contains 
paragraph (b)(5), ``vessel entering'', which states:

    Lifelines and safety harness shall be worn by anyone entering 
closed vessels, tanks, chip bins, and similar equipment, and a 
person shall be stationed outside in a position to handle the line 
and to summon assistance in the case of emergency.

Paragraph (b)(5) also prescribes other safety precautions applying to 
similar confined spaces in pulp and paper mills.
    OSHA proposes to eliminate these specific separate requirements for 
confined space entry in pulp and paper mills, and instead reference 
Sec. 1910.146, OSHA's generic confined spaces standard. In other words, 
employers in the pulp and paper industry will no longer have to comply 
with Sec. 1910.261(b)(5), but with Sec. 1910.146. Section 1910.146 
requires that employers assess the hazards of their confined spaces and 
employ the appropriate safety precautions to deal with the relevant 
existing or potential hazard. Although Sec. 1910.146 may require 
employers to complete additional checklists, conduct training, and plan 
for rescue, depending on the hazard present, employers will in many 
cases no longer need to require employees to wear lifelines or provide 
for outside ``attendants'' 5.
---------------------------------------------------------------------------

    \5\ For example, Sec. 1910.146(c)(5) indicates that if an 
employer can certify that ventilation alone can reliably control 
atmospheric hazards in a space, and that is the only hazard posed by 
the space, they are exempt from many requirements of the standard, 
including the need for an outside attendant. Similarly, in 
Sec. 1910.146(k)(3), employers are expressly exempt from using a 
lifeline if such usage is either valueless or counterproductive from 
a safety standpoint.

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

[[Page 37860]]

    The costs of complying with Sec. 1910.146 in the pulp and paper 
industry were included in OSHA's supporting Regulatory Impact Analysis 
(Final Regulatory Impact Analysis and Regulatory Flexibility Analysis 
of the Final Permit-Required Confined Spaces Standard, December 1992]. 
They were estimated to be approximately $4 million. No economic or 
technological feasibility problems were indicated.
    By deleting the more rigid confined space requirements of the pulp 
and paper industry-specific standard and requiring employers to comply 
with a more performance-oriented requirement for attendants and 
lifelines, OSHA is simultaneously relieving a burden and enhancing 
safety. Based on the underlying analysis used by OSHA in producing the 
RIA for Sec. 1910.146, a comparison of the costs associated with the 
requirement that an attendant be present (Sec. 1910.261(b)(5)) with the 
more flexible requirements in Sec. 1910.146 indicates a savings to 
employers of approximately 450,000 manhours annually. Given the hourly 
compensation rate of $17 used in the RIA, this represents an annual 
savings of $7.7 million.
    In summary, by revoking these four unnecessary or duplicative 
requirements, the Agency is reducing annual employer burdens related to 
first aid kits ($761,600), medical surveillance for coke oven emissions 
($611,285) and inorganic arsenic workers ($584,340), and confined space 
entry in pulp and paper mills ($7.7 million), for a total annualized 
employer savings of $9,656,625.

Technological Feasibility

    OSHA could not identify any requirement in the proposed revision 
and modification of OSHA standards that raises technological 
feasibility problems for employers. OSHA, therefore, has preliminarily 
concluded that technological feasibility is not an issue for the 
proposed changes in the standards.

IV. Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), as 
amended, requires that the Agency examine regulatory actions to 
determine if they would have a significant economic impact on a 
substantial number of small entities. As indicated elsewhere in this 
analysis, these modifications to existing regulations are expected to 
reduce the regulatory burden on all affected employers, large and 
small. For that reason, the Agency hereby certifies that these changes 
will not have a significant economic impact on a substantial number of 
small entities.

V. Environmental Assessment

    The proposed rules have been reviewed in accordance with the 
requirements of the National Environmental Policy Act (NEPA) of 1969 
(42 U.S.C. 4321 et seq.), the regulations of the Council of 
Environmental Quality (CEQ) (40 CFR part 1500), and DOL NEPA procedures 
(29 CFR part 11). As a result of this review, OSHA has concluded that 
the rules will have no significant environmental impact.

VI. International Trade

    This proposed revision and revocation of OSHA standards is not 
likely to have a significant effect on international trade, since the 
changes involve the revocation of obsolete provisions, consolidation of 
repetitious provisions, and clarification of confusing language.

VII. Paperwork Reduction Act

Information Collection Requirements

    As required by the Paperwork Reduction Act of 1995, this notice 
serves two purposes: (1) Solicit public comment on the changes that are 
proposed in this rule pertaining to the Inorganic Arsenic and the Coke 
Oven Emissions standards and (2) solicit public comment on the existing 
Inorganic Arsenic and Coke Oven Emissions information collection 
requests for their extension.
    The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d) and 5 CFR 
1320.11 require Federal agencies to submit collections of information 
contained in proposed rules for public comment in the Federal Register 
to the Office of Management and Budget (OMB) for review. The proposed 
rule impacts two active Information Collection Requests: Inorganic 
Arsenic (OMB Number 1218-0104) and Coke Oven Emissions (OMB Number 
1218-0128).
    The title, description, and respondent description of the 
information collection are described below with an estimate of the 
annual reporting burden. Included in the estimate is the time for 
reviewing instructions, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. OSHA invites 
comments on whether the proposed collection of information:
    1. Ensures that the collection of information is necessary for the 
proper performance of the functions of OSHA, including whether the 
information will have practical utility;
    2. Estimates the projected burden including the validity of 
methodology and assumptions used accurately;
    3. Enhances the quality, utility, and clarity of the information to 
be collected; and
    4. Minimizes the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques, 
or other forms ofinformation technology, e.g., permitting electronic 
submission of responses.
    Title: Miscellaneous Changes to General Industry andConstruction.
    Description: The purpose of these standards and their information 
collection requirements is to provide protection for employees against 
the health effects associated with occupational exposure to coke oven 
emissions and inorganic arsenic. These standards require employers to 
monitor employee exposure, to provide medical surveillance and to 
maintain employee exposure monitoring and medical records. If exposure 
levels are above the standards' Permissible Exposure Levels (PEL), then 
employers must establish and implement a written control plan to reduce 
exposures below the PELs. Employers are also required to notify OSHA 
area offices of regulated areas and changes to regulated areas. The 
proposed rule would delete the requirement for employee sputum cytology 
exams contained in the medical surveillance provisions of the Coke Oven 
Emissions and Inorganic Arsenic Standards. The proposed rule would also 
change the frequency of x-rays from semi-annual to annual in these 
standards. Description of Respondents: Employers whose employees may be 
exposed to coke oven emissions and inorganic arsenic. Estimate of 
Burden Hours and Cost: OSHA estimates that the total burden for Coke 
Oven Emissions will be 95,060 burden hours, a reduction of 2,945 hours 
(from employee medical examinations), at a cost savings of $611,285. 
For Inorganic Arsenic, the agency estimates the total burden to be 
24,615 burden hours, a reduction of 3,663 hours (from employee medical 
examinations), at a cost savings of $584,340. Employee exposure 
monitoring and medical records required by both standards must be 
maintained for at least 40 years, or for the duration of employment 
plus 20 years whichever is longer. The agency has submitted a copy of 
the proposed rule to OMB for its review and approval

[[Page 37861]]

of the information collections. Interested persons are requested to 
submit comments on the paperwork reduction regarding the proposed 
deletion of sputum cytology and frequency of x-rays to the Office of 
Information and Regulatory Affairs, Attn: OSHA Desk Officer, OMB, New 
Executive Office Building, 725 17th Street NW., Room 10235, Washington, 
DC 20503. Comments should also be submitted to the OSHA Docket Office 
for this proposal at OSHA Docket Office, Docket Number S-778, U.S. 
Department of Labor, Room N2625, 200 Constitution Avenue, NW., 
Washington, DC 20210.
    In accordance with 44 U.S.C. 3506(c)(2)(a), this notice also 
solicits public comment on the existing Inorganic Arsenic and Coke Oven 
Emissions information collection requests for their extension. Persons 
interested in commenting on the existing information collection 
requirements contained in the Inorganic Arsenic and Coke Oven Emissions 
standards are requested to submit comment including suggestions for 
reducing burden to the OSHA Docket Office, Docket Number (ICR 96-7 
Inorganic Arsenic orICR 96-8 Coke Oven Emissions), U.S. Department of 
Labor, Room N2625, 200 Constitution Avenue, NW., Washington, DC 20210. 
(Note that this is a different docket number than the Docket for 
proposal which poses to remove the sputum cytology and decrease the 
frequency of the chest x-rays) Comments submitted in response to this 
comment request will be summarized and/or included in the request for 
Office of Management and Budget approval of the information collection 
request; they will also become a matter of public record.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Avgerage time                                
              Cite reference                    Total                Frequency                 Total       per response     Total cost        Burden    
                                             respondents                                     responses        (hours)                         (hours)   
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coke Oven Emissions......................              22  On occasion..................         101,977            1.01      $1,363,900          95,060
Inorganic Arsenic........................              42  On occasion..................          58,763            1.06       2,017,684          24,615
      Total..............................  ..............  .............................         160,740  ..............       3,381,584         119,675
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Copies of the referenced information collection requests are 
available for inspection and copying in the OSHA Docket Office and will 
be mailed immediately to persons who request copies by telephoning 
Vivian Allen at (202) 219-8076. For electronic copies of the Coke Oven 
Emissions and the Inorganic Arsenic requests, contact the Labor News 
Bulletin Board (202) 219-4784, or OSHA WebPage on the internet at 
http://www.osha.gov/. Copies of these information collection requests 
are also available at the OMB Docket Office.

VIII. Federalism

    This proposed revision and revocation of OSHA standards has been 
reviewed in accordance with Executive Order 12612 (52 FR 41685, October 
30, 1987), regarding Federalism. This Order requires that agencies, to 
the extent possible, refrain from limiting State policy options, 
consult with States prior to taking any actions which would restrict 
State policy actions, and take such actions only when there is clear 
constitutional authority and the presence of a problem of national 
scope. The Order provides for preemption of State law only if there is 
a clear Congressional intent for the Agency to do so. Any such 
preemption is to be limited to the extent possible.
    Section 18 of the Occupational Safety and Health Act (OSH Act) 
expresses Congress' intent to preempt state laws relating to issues on 
which Federal OSHA has promulgated occupational safety and health 
standards. Under the OSH Act, a State can avoid preemption in issues 
covered by Federal standards only if it submits, and obtains Federal 
approval of, a plan for the development of such standards and their 
enforcement. Occupational safety and health standards developed by such 
Plan states must, among other things, be at least as effective in 
providing safe and healthful employment and places of employment as the 
Federal standards.
    The proposed revision and revocation of standards is meant to 
reduce the volume and complexity of OSHA standards, and to improve 
compliance by employers, without diminishing worker safety and health. 
Those States which have elected to participate under Section 18 of the 
OSH Act are not preempted by this proposal, and will be able to address 
any special conditions within the framework of the Federal Act while 
ensuring that the State standards are at least as effective as the 
Federal standard. State comments are invited on this proposal and will 
be duly considered prior to promulgation of a final rule.

IX. Public Participation

    Interested persons are requested to submit written data, views, and 
arguments concerning this proposal. These comments must be postmarked 
by September 20, 1996, and submitted in quadruplicate to the Docket 
Office, Docket No. S-778, Room N2624, U.S. Department of Labor, 
Occupational Safety and Health Administration, 200 Constitution Ave., 
NW., Washington, DC 20210.
    All written comments received within the specified comment period 
will be made a part of the record and will be available for public 
inspection and copying at the above Docket Office address.
    The proposed changes to the Inorganic Arsenic and Coke Oven 
Emission standards are issued pursuant to section 6(b)(7) of the 
Occupational Safety and Health (OSH) Act. That section does not require 
the Agency to hold a public hearing for changes in medical surveillance 
requirements.
    Under section 6(b)(3) of the OSH Act and 29 CFR 1911.11, interested 
persons may request an informal hearing by filing a request for such a 
hearing including objections to the proposal which warrant a hearing. 
Persons who have objections to the proposal but do not wish to request 
an oral hearing, may submit their objections in their comments where 
they will be fully considered. The objections and hearing requests 
should be submitted in quadruplicate to Mr. Tom Hall, OSHA, U.S. Dept. 
of Labor, Rm. N-3647, 200 Constitution Ave. NW., Washington, DC 20210 
(tel. 202-219-8619) and must comply with the following conditions:
    1. The objection must include the name and address of the objector;
    2. The objections must be postmarked by September 20, 1996;
    3. The objections must specify with particularity grounds upon 
which the objection is based;
    4. Each objection must be separately numbered; and
    5. The objections must be accompanied by a detailed summary of the 
evidence proposed to be adduced at the requested hearing.
    The proposed changes to the Inorganic Arsenic and Coke Oven

[[Page 37862]]

Emission standards are issued pursuant to section 6(b)(7) of the 
Occupational Safety and Health (OSH) Act. That section does not require 
the Agency to hold a public hearing for changes in medical surveillance 
requirements.
    OSHA recognizes that there may be interested persons who, through 
their knowledge of safety or health or their experience, would wish to 
endorse or support the proposed actions set forth in this notice. OSHA 
welcomes such supportive comments, including any related information 
which may be available, so that the record of this rulemaking will 
present a balanced picture of the public response on the issues 
involved.

X. State Plan Standards

    The States with their own approved occupational safety and health 
plans must adopt comparable standards within 6 months of the 
publication date of the final standard. These States are: Alaska, 
Arizona, California, Connecticut (for State and local government 
employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, 
Minnesota, Nevada, New Mexico, New York (for State and local government 
employees only), North Carolina, Oregon, Puerto Rico, South Carolina, 
Tennessee, Utah, Vermont, Virgina, Virgin Islands, Washington and 
Wyoming. Until such time as State standards are promulgated, Federal 
OSHA will provide interim enforcement assistance, as appropriate, in 
those States.

List of Subjects:

29 CFR Part 1910:

    Business and industry, Occupational safety and health, Hazardous 
materials, Fire protection.

29 CFR Part 1926:

    Construction industry, Occupational safety and health, Fire 
protection, Explosives

XI. Authority

    This document was prepared under the direction of Joseph A. Dear, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC. 
20210.
    Accordingly, pursuant to sections 4, 6, and 8 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), section 107 of 
the Contract Work Hours and Safety Standards Act (40 U.S.C. 333) and 
Secretary of Labor's Order No. 1-90 (55 FR 9033), 29 CFR parts 1910 and 
1926 are proposed to be amended as set forth below.

    Signed at Washington, DC, this 15 day of July 1996.
Joseph A. Dear,
Assistant Secretary of Labor.

    A. It is proposed to amend Part 1910 of 29 CFR as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS [AMENDED]

Subpart H--Hazardous Materials

    1. The authority citation for subpart H is revised to read as 
follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable; and 29 CFR part 1911.

Sec. 1910.109  Explosives and blasting agents [Amended]

    2. Remove the phrase, ``from inhabited buildings, passenger 
railways, and public highways and'' from paragraph (c)(1)(vi) of 
Sec. 1910.109.
    3. Remove the words, ``manufacture and'' from the first sentence in 
footnote number 5, of Table H-21, of Sec. 1910.109.
    4. In Sec. 1910.109, revise paragraph (d)(1)(iv) to read as 
follows:
* * * * *
    (d) * * *
    (1) * * *
    (iv) Blasting caps or electric blasting caps shall not be 
transported over the highways on the same vehicles with other 
explosives, unless packaged, segregated and transported in accordance 
with the Department of Transportation's Hazardous Materials Regulations 
(49 CFR parts 177-180).
    5. In Sec. 1910.109, revise paragraph (e)(2)(i) to read as follows:
* * * * *
    (e) * * *
    (2) * * *
    (i) Empty containers and paper and fiber packing materials which 
have previously contained explosive materials shall be disposed of in a 
safe manner, or reused in accordance with the Department of 
Transportation's Hazardous Materials Regulations (49 CFR parts 177-
180).
* * * * *

Sec. 1910.110  Storage and handling of liquefied petroleum gases 
[Amended]

    1. Remove paragraphs (b)(15)(v)-(b)(15)(viii) of Sec. 1910.110, and 
redesignate paragraph (b)(15)(ix) as (b)(15)(v).
    2. Remove paragraphs (c)(2)(ii)-(c)(2)(iv) of Sec. 1910.110, and 
redesignate paragraph (c)(2)(i) as (c)(2).
    3. Remove and reserve paragraph (e)(10) of Sec. 1910.110.
    4. Remove and reserve paragraph (g) of Sec. 1910.110.

Sec. 1910.111  Storage and handling of anhydrous ammonia [Amended]

    Remove and reserve paragraphs (f)(7) and (f)(8) of Sec. 1910.111.

Subpart J--General Environmental Controls

    1. The authority citation for subpart J continues to read as 
follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable.

Sec. 1910.141   Sanitation [Amended]

    2. Remove paragraph (a)(2)(i) of Sec. 1910.141 and all paragraph 
designations for the definitions within paragraph (a)(2) of 
Sec. 1910.141.

Sec. 1910.142   Temporary labor camps [Amended]

    3. Remove paragraph (a)(4) of Sec. 1910.142.

Sec. 1910.144   Safety color code for marking physical hazards 
[Removed]

    4. Remove and reserve Sec. 1910.144.

Subpart K--Medical and First Aid

    1. The authority citation for subpart K is revised to read as 
follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable, and 29 CFR part 1911.

Sec. 1910.151   Medical Services and first aid [Amended]

    2. Revise the final sentence in paragraph (b) of Sec. 1910.151 to 
read as follows:
 * * * * *
    (b) * * * Adequate first aid supplies shall be readily available.
 * * * * *

Subpart L--Fire Protection

    1. The authority citation for subpart L continues to read as 
follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable, and 29 CFR part 1911.

Sec. 1910.156   Fire brigades [Amended]

    2. Remove paragraph (f)(2)(iii) of Sec. 1910.156.

[[Page 37863]]

Subpart N--Materials Handling and Storage

    1. The authority citation for subpart N is revised to read as 
follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable, and 29 CFR part 1911.

Sec. 1910.183   Helicopters [Amended]

    2. Remove and reserve paragraph (a) of Sec. 1910.183.

Subpart R--Special Industries

    1. The authority citation for subpart R is revised to read as 
follows:

    Authority: Secs. 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable; and 29 CFR part 1911.

Sec. 1910.261   Pulp, Paper, Paperboard Mills [Amended]

    2. Remove the following paragraphs in Sec. 1910.261(a)(3): (ii), 
(iv) through (vi), (xi) through (xiii), (xv), (xvii) through (xix), 
(xx), (xxii), (xxiv) through (xxvii).
    3. Remove and reserve paragraph (a)(3)(ix) of Sec. 1910.261.
    4. The following paragraphs in Sec. 1910.261 are redesignated as 
follows:
    a. Paragraph (a)(3)(iii) as paragraph (a)(3)(ii),
    b. Paragraph (a)(3)(vii) as paragraph (a)(3)(iii),
    c. Paragraph (a)(3)(viii) as paragraph (a)(3)(iv),
    d. Paragraph (a)(3)(x) as paragraph (a)(3)(v),
    e. Paragraph (a)(3)(xiv) as paragraph (a)(3)(vi),
    f. Paragraph (a)(3)(xvi) as paragraph (a)(3)(vii),
    g. Paragraph (a)(3)(xxi) as paragraph (a)(3)(viii),
    h. Paragraph (a)(3)(xxiii) as paragraph (a)(3)(ix).
    5. Remove paragraphs (b)(1) through (b)(3), (b)(5), and (b)(6) of 
Sec. 1910.261.
    6. Redesignate paragraph (b)(4) as paragraph (b)(1) and paragraph 
(b)(7) as paragraph (b)(2) of Sec. 1910.261.
    7. Remove the following paragraphs in Sec. 1910.261(c): (2)(vi), 
(2)(vii), (6)(ii), and (7)(ii).
    8. Remove and reserve the following paragraphs of Sec. 1910.261(c): 
(3)(i), (8)(i), and (11).
    9. The following paragraphs in Sec. 1910.261 are redesignated as 
follows:
    a. Paragraph (c)(2)(viii) as paragraph (c)(2)(vi),
    b. Paragraph (c)(6)(i) as paragraph (c)(6),
    c. Paragraph (c)7)(i) as paragraph (c)(7).
    10. Remove and reserve paragraph (d)(1)(ii) of Sec. 1910.261.
    11. Remove and reserve paragraphs (e)(3), (e)(7), and (e)(9) of 
Sec. 1910.261.
    12. Remove paragraphs (g)(1)(iv) and (g)(2)(i) of Sec. 1910.261.
    13. Remove and reserve paragraphs (g)(15)(iv) and (g)(15)(vi) of 
Sec. 1910.261.
    14. The following paragraphs in Sec. 1910.261 are redesignated as 
follows:
    a. paragraph (g)(1)(v) to paragraph (g)(1)(iv),
    b. paragraph (g)(2)(ii) to paragraph (g)(2)(i),
    c. paragraph (g)(2)(iii) to paragraph (g)(2)(ii).
    15. Remove and reserve paragraph (h)(2)(iii) of Sec. 1910.261.
    16. Remove paragraphs (j)(4)(ii), (j)(5)(iv) and (j)(6)(ii) of 
Sec. 1910.261.
    17. Remove and reserve paragraphs (j)(1)(iv) and (j)(3) of 
Sec. 1910.261.
    18. The following paragraphs in Sec. 1910.261 are redesignated as 
follows:
    a. Paragraph (j)(4)(iii) through paragraph (j)(4)(vi) as paragraph 
(j)(4)(ii) through paragraph (j)(4)(v),
    b. Paragraph (j)(6)(iii) as paragraph (j)(6)(ii).
    19. Remove paragraph (k)(2)(i) of Sec. 1910.261, and redesignate 
paragraphs (k)(2)(ii) through (k)(2)(vi) as paragraphs (k)(2)(i) 
through (k)(2)(v), respectively.
    20. Remove and reserve paragraphs (k)(4) and (k)(16) of 
Sec. 1910.261.
    21. Remove and reserve paragraphs (m)(2) and (m)(4) of 
Sec. 1910.261.
    22. Remove paragraphs (m)(5)(i) and (m)(5)(ii) of Sec. 1910.261.
    23. Redesignate paragraph (m)(5)(iii) of Sec. 1910.261 as paragraph 
(m)(5), and add a heading to paragraph (m)(5) to read as follows: 
``Unloading Cars''.

Sec. 1910.262   Textiles [Amended]

    24. Remove and reserve paragraphs (c)(3), (c)(4), and (gg) of 
Sec. 1910.262.
    25. Remove paragraph (c)(8) of Sec. 1910.262 and redesignate 
paragraph (c)(9) as paragraph (c)(8).
    26. Remove and reserve paragraph (gg) of Sec. 1910.262.
    27. Remove paragraphs (ll)(1), (qq)(1), (qq)(2), and (rr) of 
Sec. 1910.262.
    28. Redesignate paragraph (ll)(2) of Sec. 1910.262 as paragraph 
(ll).

Sec. 1910.265   Sawmills [Amended]

    29. Remove paragraph (a)(2) of Sec. 1910.265.
    30. Redesignate paragraph (a)(1) of Sec. 1910.265 as paragraph (a).
    31. Remove and reserve paragraphs (c)(3)(i), (c)(10), (c)(11), 
(c)(14), and (c)(16) of Sec. 1910.265.
    32. Remove and reserve paragraph (c)(17) of Sec. 1910.265.
    33.-34. Remove and reserve paragraph (c)(22) of Sec. 1910.265.
    35. Remove paragraph (c)(24)(iv)(a) of Sec. 1910.265 and 
redesignate paragraph (c)(24)(iv)(b) as paragraph (c)(24)(iv)(a).
    36. Remove paragraph (c)(24)(iv)(c) of Sec. 1910.265.
    37. Remove and reserve paragraphs (c)(26)(i), (c)(30)(vi), 
(c)(30)(x), and (e)(3)(ii)(d) of Sec. 1910.265.
    38. Remove paragraphs (f)(9), (g), (h), and (i) of Sec. 1910.265.

Sec. 1910.267  Agricultural operations [Removed]

    39. Remove and reserve Sec. 1910.267.

Sec. 1910.268  Telecommunications [Amended]

    40. Remove and reserve paragraph (f) of Sec. 1910.268.

Subpart Z--Toxic and Hazardous Substances

    1. The authority citation for subpart Z is revised to read as 
follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable; and 29 CFR part 1911.
    All of subpart Z issued under sec. 6(b) of the Occupational 
Safety and Health Act, except those substances that have exposure 
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The 
latter were issued under sec. 6(a) (29 U.S.C. 655(a)).
    Section 1910.1018 is also issued under 29 U.S.C. 653.

Sec. 1910.1017  Vinyl chloride. [Amended]

    2. In Sec. 1910.1017, remove paragraphs (g)(5)(i) and (g)(5)(ii).
    3. Redesignate paragraphs (g)(6) and (g)(7) of Sec. 1910.1017 as 
paragraphs (g)(5) and (g)(6), respectively.

Sec. 1910.1018  Inorganic arsenic. [Amended]

    4. In Sec. 1910.1018, remove paragraph (n)(2)(ii)(C); redesignate 
paragraph (n)(2)(ii)(D) as (n)(2)(ii)(C); revise the reference in 
paragraph (n)(3)(i) that reads ``(n)(2)(ii)(A)(B) and (D)'' to read 
``(n)(2)(ii)''; and revise paragraph (n)(3)(ii) to read as follows:
* * * * *
    (n) * * *
    (3) * * *
    (ii) ``The employer shall provide the examinations specified in 
paragraphs (n)(2)(i) and (n)(2)(ii)(B) and (C) of this section at least 
semi-annually, and the x-ray requirement specified in paragraph 
(n)(2)(ii)(A) at least annually, for other covered employees.
* * * * *
    5. In Sec. 1910.1018, remove paragraphs (q)(2)(iii)(F), 
(q)(2)(iii)(G), and (q)(2)(iii)(H); and insert the word ``and'' after 
paragraph (q)(2)(iii)(D).

[[Page 37864]]

    6. In Sec. 1910.1018 Appendix A, in the middle of paragraph VI, 
revise the sentence beginning ``The medical examination must include * 
* *.'' to read as follows: ``The medical examination must include a 
medical history, a chest x-ray, a skin examination, and a nasal 
examination.'' Remove the sentence which begins ``The cytology exams 
are only included * * *.'' from paragraph VI.
    7. In Sec. 1910.1018 Appendix C, Section I, General, remove the 
words ``(4) A Sputum Cytology examination;'' redesignate paragraph (5) 
as paragraph (4); and remove the entire section entitled ``III. Sputum 
Cytology.''

Sec. 1910.1029  Coke oven emissions. [Amended]

    8. In Sec. 1910.1029, remove paragraph (j)(2)(vii) and redesignate 
paragraph (j)(2)(viii) as paragraph (j)(2)(vii).
    9. In paragraph (j)(3)(i) 0f Sec. 1910.1029, the reference 
``(j)(2)(i)-(vi)'' is revised to read ``(j)(2)(i) and (j)(2)(iii)-
(vii).''
    10. In paragraph (j)(3)(ii) of Sec. 1910.1029, the reference 
``(j)(2)(i)-(viii)'' is revised to read ``(j)(2)(i) and (j)(2)(iii)-
(vii).''
    11. In paragraph (j)(3)(iii) of Sec. 1910.1029, the reference 
``(j)(2)(i)-(viii)'' is revised to read ``(j)(2)(i) and (j)(2)(iii)-
(vii).''
    12. In Sec. 1910.1029, redesignate paragraph (j)(3)(iv) as 
paragraph (j)(3)(v), and add a new paragraph (j)(3)(iv) to read as 
follows:
* * * * *
    (j) * * *
    (3) * * *
    (iv) The employer shall provide the x-ray specified in paragraph 
(j)(2)(ii) of this section at least annually for employees covered 
under paragraph (j)(3).
    13. In Sec. 1910.1029 Appendix A, paragraph VI is revised to read 
as follows:
* * * * *
    VI. If you work in a regulated area at least 30 days per year, 
your employer is required to provide you with a medical examination 
every year. The medical examination must include a medical history, 
a chest x-ray, pulmonary function test, weight comparison, skin 
examination, a urinalysis and a urine cytology exam for early 
detection of urinary cancer. The urine cytology exam is only 
included in the initial exam until you are either 45 years or older 
or have 5 or more years employment in the regulated areas when the 
medical exams including this test, but excepting the x-ray exam, are 
to be given every six months; under these conditions, you are to be 
given an x-ray exam at least once a year. The examining physician 
will provide a written opinion to your employer containing the 
results of the medical exams. You should also receive a copy of this 
opinion.

    14. In Sec. 1910.1029 Appendix B, Section II, paragraph A is 
revised to read as follows:

A. General

    The minimum requirements for the medical examination for coke 
oven workers are given in paragraph (j) of the standard. The initial 
examination is to be provided to all coke oven workers who work at 
least 30 days in the regulated area. The examination includes a 
14'' x 17'' posterior-anterior chest x-ray reading and a ILO/UC 
rating to assure some standardization of x-ray reading, pulmonary 
function tests (FVC and FEV 1.0), weight, urinalysis, skin 
examination, and a urinary cytologic examination. These tests are 
needed to serve as the baseline for comparing the employee's future 
test results. Periodic exams include all the elements of the initial 
exams, except that the urine cytologic test is to be performed only 
on those employees who are 45 years or older or who have worked for 
5 or more years in the regulated area; periodic exams, with the 
exception of x-rays, are to be performed semi-annually for this 
group instead of annually; for this group, x-rays will continue to 
be given at least annually. The examination contents are minimum 
requirements; additional tests such as lateral and oblique x-rays or 
additional pulmonary function tests may be performed if deemed 
necessary.

    15. In Sec. 1910.1029 Appendix B, Section II, the paragraphs 
entitled ``C. Sputum Cytology,'' are removed. B. It is proposed to 
amend part 1926 of 29 CFR as follows:

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart C--General Safety and Health Standards

    1. The authority citation for subpart C is revised to read as 
follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Sec. 1926.31  Incorporation by Reference. [Amended]

    2. In Sec. 1926.31, revise paragraph (a) to read as follows:
    (a) The standards of agencies of the U.S. Government and 
organizations which are not agencies of the U.S. Government which are 
incorporated by reference in this part, have the same force and effect 
as other standards in this part. Only the mandatory provisions (i.e., 
provisions containing the word ``shall'' or other mandatory language) 
of standards incorporated by reference are adopted as standards under 
the Occupational Safety and Health Act.

Subpart D--Occupational Health and Environmental Controls

    1. The authority citation for subpart D is revised to read as 
follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Sec. 1926.50  Medical services and first aid [Amended]

    2. In Sec. 1926.50, revise paragraph (d)(1) to read as follows:
* * * * *
    (d) First-aid supplies shall be easily accessible when required.
* * * * *
    3. In Sec. 1926.50, revise paragraph (f) to read as follows:
* * * * *
    (f) In areas where 911 is not available, the telephone numbers of 
the physicians, hospitals, or ambulances shall be conspicuously posted.
* * * * *

Subpart F--Fire Protection and Prevention

    1. The authority citation for subpart F is revised to read as 
follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Sec. 1926.152  Flammable and combustible liquids [Amended]

    2. In Sec. 1926.152, revise paragraph (a)(1) to read as follows:
    (a) * * * (1) Only approved containers and portable tanks shall be 
used for storage and handling of flammable and combustible liquids. 
Approved safety cans or Department of Transportation approved 
containers shall be used for the handling and use of flammable liquids 
in quantities of 5 gallons or less, except that this shall not apply to 
those flammable liquid materials which are highly viscid (extremely 
hard to pour), which may be used and handled in original shipping 
containers. For quantities of one gallon or less, the original 
container may be used for storage, use, and handling of flammable 
liquids.
* * * * *

[[Page 37865]]

Subpart U--Blasting and Use of Explosives

    1. The authority citation for subpart U is revised to read as 
follows:

    Authority: Sec. 107, Contract Work Hours and Safety Standards 
Act (40 U.S.C. 333); secs. 4, 6, and 8, Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 
35736), or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

Sec. 1926.906  Initiation of explosive charges--electric blasting 
[Amended]

    2. In Sec. 1926.906, revise paragraph (q) to read as follows:
* * * * *
    (q) Blasters, when testing circuits to charged holes, shall use 
only blasting galvanometers or other instruments that are specifically 
designed for this purpose.
* * * * *
[FR Doc. 96-18268 Filed 7-19-96; 8:45 am]
BILLING CODE 4510-26-P

Complete official Federal Register PDF

FR Doc. 96-18195 Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Louisiana; Correction of Classification; Approval of the Maintenance Plan; Redesignation of Pointe Coupee Parish to Attainment for Ozone
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Page 37875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18195]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[LA-34-1-7300b, FRL-5531-5]

Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; State of Louisiana; 
Correction of Classification; Approval of the Maintenance Plan; 
Redesignation of Pointe Coupee Parish to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rulemaking.

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

SUMMARY: The EPA is today approving a request from the State of 
Louisiana to remove Pointe Coupee Parish, Louisiana from the Baton 
Rouge serious ozone nonattainment area and reclassify Pointe Coupee 
Parish from serious to marginal. In addition, the EPA is proposing 
approval of a request from the State of Louisiana to redesignate Pointe 
Coupee to attainment for ozone. On December 20, 1995, the State of 
Louisiana submitted a maintenance plan and request to redesignate the 
Pointe Coupee Parish ozone nonattainment area to attainment. Under the 
Clean Air Act as amended in 1990 (the Act), nonattainment areas may be 
redesignated to attainment if sufficient data are available to warrant 
the redesignation and the area meets the other Act redesignation 
requirements. In this action, the EPA is proposing approval of 
Louisiana's redesignation request and maintenance plan because it meets 
the maintenance plan and redesignation requirements set forth in the 
Act, and the EPA is proposing approval of the 1993 base year emissions 
inventory. The approved maintenance plan will become a federally 
enforceable part of the State Implementation Plan for Louisiana. Please 
see the direct final notice of this action located elsewhere in today's 
Federal Register for a detailed description of the redesignation 
request and maintenance plan.

DATES: Comments on this proposed rule must be postmarked by August 21, 
1996.

ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air 
Planning Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733. Copies of the State's petition and other information 
relevant to this action are available for inspection during normal 
hours at the following locations:

Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Louisiana Department of Environmental Quality, Office of Air Quality, 
7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810.

    Anyone wishing to review this petition at the Region 6 EPA office 
is asked to contact the person below to schedule an appointment 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT:
Lt. Mick Cote, Air Planning Section (6PD-L), EPA Region 6, telephone 
(214) 665-7219.

SUPPLEMENTARY INFORMATION: See the information provided in the Direct 
Final rule which is located in the Rules Section of this Federal 
Register.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: June 27, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-18195 Filed 7-19-96; 8:45 am]
BILLING CODE 6560-50-M

Complete official Federal Register PDF

FR Doc. 96-18180 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37876-37878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18180]

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

[[Page 37877]]

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5538-8]

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

Agency: Environmental Protection Agency.

Action: Notice of intent to delete McChord Air Force Base Washrack 
Treatment Area from the National Priorities List Update: Request for 
comments.

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SUMMARY: The Environmental Protection Agency (EPA), Region 10, 
announces its intent to delete the McChord Air Force Base Washrack 
Treatment Area (Washrack Treatment Area) Site from the National 
Priorities List (NPL) and requests public comment on this proposed 
action. The NPL constitutes Appendix B of 40 CFR part 300 which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
which EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended. EPA and the State of Washington Department of Ecology 
(Ecology) have determined that all appropriate remedial response to the 
extent practicable has been taken and that the Site poses no 
significant threat to public health or the environment. Therefore, 
further remedial measures pursuant to CERCLA are not appropriate.

DATES: Comments concerning this Site may be submitted on or before 
August 21, 1996.

ADDRESSES: Comments may be mailed to: Kathleen Stryker, Environmental 
Protection Agency, 1200 Sixth Avenue, Mail Stop: ECL-115, Seattle, 
Washington 98101.
    Comprehensive information on this Site is available through the 
Region 10 public docket which is available for viewing at the McChord 
Air Force Base Washrack Treatment Area information repositories at the 
following locations:

Pierce County Library, Lakewood Branch, 6300 Wildaire Road SW Lakewood, 
WA 98499.
United States Environmental Protection Agency, Region 10 Office of 
Environmental Cleanup--Records Center, Attn: Dawn Musgrove, 1200 Sixth 
Avenue, Mail Stop, ECL-076, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Kathleen Stryker, U.S. EPA Region 10, 
1200 Sixth Avenue, Mail Stop: ECL-115, Seattle, Washington 98101, (206) 
553-1171.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (EPA) Region 10 announces its 
intent to delete a site from the National Priorities List (NPL), 
Appendix B of the National Oil and Hazardous Substances Contingency 
Plan (NCP), 40 CFR part 300, and requests comments on this deletion. 
EPA identifies sites on the NPL that appear to present a significant 
risk to human health or the environment. As described in 
Sec. 300.425(e)(3) of the NCP, sites deleted from the NPL remain 
eligible for remedial actions in the unlikely event that conditions at 
the site warrant such actions.
    EPA plans to delete the McChord Air Force Base Washrack Treatment 
Area Site (``Site'') in Tacoma, Washington, from the NPL.
    EPA will accept comments on the plan to delete this Site until 
August 21, 1996.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Washrack Treatment Area Site 
and explains how the Site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that ``releases'' (sites) 
may be deleted from, or recategorized on the NPL where no further 
response is appropriate. In making a determination to delete a site 
from the NPL, EPA shall consider, in consultation with the state, 
whether any of the following criteria have been met:
    (i) Responsible parties or other parties have implemented all 
appropriate response actions required;
    (ii) All appropriate responses under CERCLA have been implemented, 
and no further action by responsible parties is appropriate, or
    (iii) The remedial investigation has shown that the release poses 
no significant threat to public health or the environment and, 
therefore, taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants or contaminants remain at the site above levels that allow 
for unlimited use and unrestricted exposure, EPA's policy is that a 
subsequent review of the site will be conducted at least every five 
years after the initiation of the remedial action at the site to ensure 
that the site remains protective of public health and the environment. 
In the case of the Washrack Treatment Area Site, hazardous substances 
above health-based levels do not remain on the site, therefore, 
periodic five-year reviews are not required. In addition, whenever 
there is a significant release from a site deleted from the NPL, the 
site may be restored to the NPL without the application of the Hazard 
Ranking System.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this Site: (1) The Air Force completed all appropriate response actions 
required for the site. EPA Region 10 issued a memo to document that no 
further active remedial response is necessary at the site thus 
qualifying the Site for inclusion on the Superfund Site Construction 
Completion List, and a final close out report that documents the 
achievement of cleanup goals; (2) Ecology concurred with the proposed 
deletion decision; (3) A notice has been published in the local 
newspaper and has been distributed to appropriate federal, state, and 
local officials and other interested parties announcing the 
commencement of a 30-day public comment period on EPA's Notice of 
Intent to Delete; and, (4) All relevant documents have been made 
available for public review in the local Site information repositories.
    Deletion of the Site from the NPL does not itself, create, alter or 
revoke any individual rights or obligations. The NPL is designed 
primarily for informational purposes to assist Agency management. As 
mentioned in Section II of this Notice, 40 CFR 300.425(e)(3) states 
that deletion of a site from the NPL does not preclude eligibility for 
future response actions.
    EPA's Regional Office will accept and evaluate public comments on 
EPA's Notice of Intent to Delete before making a final decision. The 
Agency will prepare a Responsiveness Summary if any significant public 
comments are received.
    A deletion occurs when the Regional Administrator places a final 
action in the Federal Register. Generally, the NPL will reflect 
deletions in the final update following the final action. Public 
notices and copies of the Responsiveness Summary will be made available 
to local residents by the Regional office.

IV. Basis for Intended Site Deletion

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

[[Page 37878]]

Site Location and History

    McChord Air Force Base (AFB) is an active 4,616-acre military 
installation located seven miles south of downtown Tacoma. The Washrack 
Treatment Area (WTA), a 22-acre area where airplanes were washed and 
drained of fuel, is located within the northern industrial and 
operational portion of the base along the western portion of the 
instrument runway. The site includes the former washrack (now 
inactive), two leach pits (now backfilled), an oil/water separator 
(skimmer), storm drainage infiltration ditches (now backfilled) and a 
layer of floating fuel on shallow groundwater in the vicinity.
    The two Department of Defense (DOD) Installation Restoration 
Program (IRP) sites that comprise the WTA (SD-54, the leach pits; and 
DP-60, infiltration ditches) were originally identified during the 1982 
Phase I record search (CH2MHIll. 1982) conducted by McChord. The phase 
two IRP investigation (SAIC, 1985) measured low level organic 
contamination at Site DP-60 and the adjacent IRP Site SD-54.
    As a result of the IRP record search and investigation, further 
studies were recommended to confirm contaminant characteristics and 
distribution. The EPA designated Site SD-54 as the Washrack Treatment 
Area in 1984 and nominated it for inclusion on the NPL. The site was 
listed in 1987. In 1989 the Air Force entered into a three party 
Federal Facilities Agreement (FFA) with Region X of the EPA and Ecology 
for conducting an investigation and cleanup of contaminants posing an 
unacceptable risk to human health and the environment.
    A remedial investigation, which was completed in 1992, investigated 
source areas for the floating fuel and evaluated the nature and extent 
of contamination in all potentially affected media. Based on evaluation 
of the RI and the baseline risk assessment, the EPA determined and 
documented in the Record of Decision (ROD) for the WTA that no remedial 
action under CERCLA was necessary for soil, surface water or sediment 
to ensure protection of human health and the environment. The ROD 
selected passive removal of the floating fuel to address the 
unacceptable risk posed by benzene associated with the floating fuel 
layer, and monitoring to evaluate the need for remediation of the 
residual fuel in the soil.
    A remedial design pilot study for recovery of the floating fuel or 
Non-Aqueous Phase Liquids (NAPL) was performed in 1993 and 1994 to 
determine if the layer of floating fuel could be removed. The NAPL 
Pilot Test Study (EA Engineering, 1994) concluded that passive removal 
of the fuel was not feasible due to the small amount of fuel present 
and that original estimates of fuel available for recovery were 
overestimates. The study also concluded that the soil was not a 
significant continuing source of contamination to groundwater and that 
there is an active population of bacteria present in the soil capable 
of naturally degrading the petroleum.
    In light of the findings of the Pilot Study an Explanation of 
Significant Differences (ESD) was prepared. The ESD described the 
results of the pilot study and the changes that were made to the ROD as 
a result. The ESD changed the final remedy to a combination of natural 
attenuation and long-term monitoring of the groundwater. Natural 
attenuation consists in part of allowing the hydrocarbons in the 
shallow groundwater to be consumed by the naturally occurring bacteria 
present at the site and to allow the lighter portions of the 
hydrocarbons to volatilize. The shallow groundwater below the floating 
fuel would be monitored, as well as the shallow groundwater up- and 
down gradient of the floating fuel.
    The installation of one test trench and ten test pit observation 
wells as part of the pilot test for the passive removal of the floating 
fuel constituted the only active remedial action that occurred at the 
site. EPA concurred in a March 1995 addendum to the ROD that no further 
active remedial response under CERCLA is necessary at the WTA. This 
addendum served to signify construction completion.
    Eleven rounds of groundwater samples have been collected at the 
floating fuel area since September 1990. All of the groundwater samples 
were analyzed for the six compounds for which Remedial Action 
Objectives (RAOs) were established in the ROD. With the exception of 
total petroleum hydrocarbons (TPH), levels of these compounds detected 
in the seven rounds conducted since completion of the ROD have been 
consistently below the RAOs. Semi-annual monitoring reports conducted 
since the ROD for the WTA are available in the site repository.

Public Participation

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

    Dated: July 8, 1996.
C. Findley,
Acting Regional Administrator, Region 10.
[FR Doc. 96-18180 Filed 7-19-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-18138 Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities; Children's Facilities AGENCIES: Architectural and Transportation Barriers Compliance Board and Department of Justice.
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37964-37977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18138]

[[Page 37963]]

_______________________________________________________________________

Part II

Department of Justice

Office of the Attorney General

28 CFR Part 38

Architectural and Transportation Barriers Compliance Board

36 CFR Part 1191

_______________________________________________________________________

Americans With Disabilities Act Accessibility Guidelines for Buildings 
and Facilities; Children's Facilities; Proposed Rule

Federal Register / Vol. 61, No. 141 / Monday, July 22, 1996 / 
Proposed Rules

[[Page 37964]]

DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 38
[Order No. 2042-96]
Architectural and Transportation Barriers Compliance Board
36 CFR Part 1191
[Docket No. 94-2]
RIN 3014-AA17

Americans With Disabilities Act Accessibility Guidelines for 
Buildings and Facilities; Children's Facilities
AGENCIES: Architectural and Transportation Barriers Compliance Board 
and Department of Justice.

ACTION: Joint notice of proposed rulemaking.

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

SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) proposes to amend the Americans with Disabilities Act 
Accessibility Guidelines (ADAAG) by adding a special application 
section for children's facilities. The section contains guidelines 
based on children's dimensions and anthropometrics for newly 
constructed and altered children's facilities. The section would ensure 
that newly constructed and altered children's facilities are readily 
accessible to and usable by children with disabilities.
    The Department of Justice proposes to amend its regulations 
implementing the Americans with Disabilities Act (ADA) by adding to its 
Standards for Accessible Design the special application section for 
children's facilities proposed by the Access Board.

DATES: Comments should be received by October 21, 1996. Comments 
received after this date will be considered to the extent practicable.

ADDRESSES: Comments should be sent to the Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. The Access Board will provide copies of all comments received to 
the Department of Justice. Comments will be available for inspection at 
the above address from 9:00 a.m. to 5:00 p.m. on regular business days. 
For information about availability of copies and electronic access, see 
the beginning of SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Access Board: Marsha K. Mazz, Office 
of Technical and Information Services, Architectural and Transportation 
Barriers Compliance Board, 1331 F Street NW, suite 1000, Washington, DC 
20004-1111. Telephone (202) 272-5434 ext. 21 or (800) 872-2253 ext. 21 
(voice), and (202) 272-5449 (TTY) or (800) 993-2822 (TTY).
    Department of Justice: John L. Wodatch, the ADA information line, 
Disability Rights Section, Civil Rights Division, U.S. Department of 
Justice, Washington, DC 20530. Telephone (800) 514-0301 (voice) or 
(800) 514-0383 (TTY).

SUPPLEMENTARY INFORMATION:
Availability of Copies and Electronic Access
    Single copies of this publication may be obtained at no cost by 
calling the Access Board's automated publications order line (202) 272-
5434 or (800) 872-2253, by pressing 1 on the telephone keypad, then 1 
again, and requesting publication S25 (Children's Facilities Notice of 
Proposed Rulemaking). Persons using a TTY should call (202) 272-5449 or 
(800) 993-2822. Please record a name, address, telephone number and 
request publication S25. Persons who want a copy in an alternate format 
should specify the type of format (audio cassette tape, braille, large 
print, or computer disk).
    The proposed rule is available on electronic bulletin board at 
(202) 272-5448 (Access Board) and (202) 514-6193 (Department of 
Justice). This rule is also available on the Internet. It can be 
accessed with gopher client software (gopher.usdoj.gov), through other 
gopher servers using the University of Minnesota master gopher (under 
North America, USA, All, Department of Justice), with World Wide Web 
software (http://www.usdoj.gov), or through the White House WWW server 
(http://www.whitehouse.gov).
Background
    The Access Board is responsible for developing accessibility 
guidelines under the ADA to ensure that new construction and 
alterations of facilities covered by titles II and III of the Act are 
readily accessible to and usable by individuals with 
disabilities.1 The Access Board initially issued the Americans 
with Disabilities Act Accessibility Guidelines (ADAAG) in 1991 (36 CFR 
part 1191, appendix A) and has amended the guidelines four times, most 
recently in 1994. See 59 FR 31676 (June 20, 1994). ADAAG consists of 
general sections (ADAAG 1 to 4) that apply to all types of buildings 
and facilities, and special application sections (ADAAG 5 to 14) that 
contain additional requirements for certain types of buildings.2
    1 The ADA (42 U.S.C. 12101-12213) is a comprehensive civil 
rights law which prohibits discrimination on the basis of 
disability. Titles II and III of the ADA require, among other 
things, that newly constructed and altered State and local 
government buildings, places of public accommodation, and commercial 
facilities be readily accessible to and usable by individuals with 
disabilities.
    2 The special application sections cover the following buildings 
and facilities: restaurants and cafeterias (ADAAG 5); medical care 
facilities (ADAAG 6); business, mercantile and civic (ADAAG 7); 
libraries (ADAAG 8); transient lodging (ADAAG 9); transportation 
facilities (ADAAG 10); judicial, legislative, and regulatory 
facilities (ADAAG 11); detention and correctional facilities (ADAAG 
12); accessible residential housing (ADAAG 13); and public rights-
of-way (ADAAG 14).
---------------------------------------------------------------------------

    Under the ADA, the Department of Justice is responsible for issuing 
regulations to implement titles II and III of the Act. The Department 
of Transportation is responsible for issuing regulations to implement 
the transportation provisions of titles II and III of the ADA. The 
regulations issued by the Department of Justice and Department of 
Transportation must include accessibility standards for newly 
constructed and altered facilities covered by titles II and III of the 
ADA. The standards must be consistent with the accessibility guidelines 
issued by the Access Board. The Department of Justice has adopted ADAAG 
as its Standards for Accessible Design, published as appendix A to 28 
CFR part 36; and the Department of Transportation has also adopted 
ADAAG as its accessibility standards, published at appendix A to 49 CFR 
part 37.3
    \3\ The Department of Justice's and Department of 
Transportation's regulations currently include ADAAG 1 to 10. On 
June 20, 1994, the Department of Justice and Department of 
Transportation proposed to add ADAAG 11 to 14 to their regulations. 
See 59 FR 31808 and 31818 (June 20, 1994). The Department of Justice 
further proposed to move its Standards for Accessible Design from 28 
CFR part 36, appendix A to 28 CFR part 37, appendix A. The 
Department of Justice subsequently assigned another set of 
regulations to 28 CFR part 37 and now proposes to move its standards 
to 28 CFR part 38, appendix A.
---------------------------------------------------------------------------

    The Access Board proposes to add a new special application section 
to ADAAG (section 15) for newly constructed and altered children's 
facilities. Section 15 contains design and construction guidelines 
based on children's dimensions and anthropometrics. Section 15 does not 
address play settings and fixed play equipment for children. These 
facilities will be addressed by the Access Board in a separate 
rulemaking on recreation facilities.
    The Department of Justice proposes to amend its regulations 
implementing

[[Page 37965]]

titles II and III of the ADA by adding section 15 to its Standards for 
Accessible Design.
    Section 15 generally modifies current ADAAG technical requirements 
for children's facilities. It does not broaden the application of ADAAG 
and applies to those facilities already covered by titles II and III of 
the ADA. Section 15 generally does not increase the number of 
accessible elements and features required by current ADAAG. For 
example, the number of toilet rooms or toilets required to be 
accessible by ADAAG is not changed. Rather, where a toilet room is 
required to be accessible, and it is constructed according to 
children's dimensions and anthropometrics instead of adults', the 
applicable technical requirements in section 15 modify those currently 
in ADAAG. Other ADAAG sections not specifically referenced in section 
15 shall be applied to children's facilities without modification or 
addition.
    State and local laws and codes, as well as best practices, often 
recognize the need for certain facilities to be constructed according 
to children's dimensions and anthropometrics, rather than adults'. 
Typically, this need occurs where children will be the primary users of 
a facility, such as in child care centers and elementary schools. Some 
state and local laws and codes either require or recommend the 
application of design guidelines specifically suited to serve children. 
Those design guidelines may, for example, specify lower mounting 
heights for elements used primarily by children such as drinking 
fountains, lavatories and toilets. In the absence of mandatory or 
recommended design guidelines for children, best practices are often 
applied that consider that certain elements in the built environment 
should be usable by children rather than adults. With respect to the 
design and construction of buildings, the term ``best practices'' 
generally refers to design criteria or methods of construction that 
have been developed over time by designers and builders and that in 
their professional judgment and experience are best applied in 
situations where no formal guidance (e.g., code or regulation) exists. 
While state and local laws and codes may contain guidelines for 
children, only a few contain guidelines that address accessibility for 
children with disabilities.
    Current ADAAG contains specifications that are based on adult 
dimensions and anthropometrics. Although ADAAG applies to child care 
centers, pre-kindergarten and elementary schools and other children's 
facilities, it does not currently contain requirements that 
specifically address access for children. Applying specifications that 
serve adults to facilities for children may conflict with state and 
local codes or best practices that require or recommend the application 
of specifications based on children's sizes and dimensions. For 
example, a code or best practice may specify a lower seat height for 
toilets serving children, while ADAAG specifies a seat height suitable 
for adults with disabilities. Alternatives to ADAAG specifications, 
such as a lower toilet seat height, may be permitted under ADAAG 2.2 
(Equivalent Facilitation). Equivalent facilitation allows departures 
from specific requirements so long as greater or equal access is 
provided. While equivalent facilitation may provide flexibility in the 
use of ADAAG, it does not provide specific guidance in designing 
facilities accessible to children. It is clear from technical inquiries 
to the Access Board that such guidance is needed in the form of design 
guidelines based on children's dimensions and anthropometrics, grasp, 
strength, and stamina.
    This proposed rule does not create an obligation for covered 
entities to construct facilities with elements that are constructed 
according to children's dimensions and anthropometrics. The proposed 
rule is intended only to meet the expressed need for guidelines and 
standards for providing accessibility in buildings and facilities that 
a covered entity constructs according to children's dimensions and 
anthropometrics.
    In 1986, the Access Board issued ``Recommendations for 
Accessibility Guidelines to Serve Physically Handicapped Children in 
Elementary Schools.'' 4 The report included recommended 
modifications or additions to certain sections of the Uniform Federal 
Accessibility Standards (UFAS) based on children's sizes. The 
recommendations were developed to assist states in designing and 
constructing accessible elementary schools. Many states and localities 
have applied the Access Board's 1986 children's recommendations to 
newly constructed schools serving grades one through six.
---------------------------------------------------------------------------

    \4\ A print or microfiche copy of the full report may be ordered 
from the National Technical Information Services (NTIS) by writing 
to: NTIS, 5285 Port Royal Road, Springfield, VA 22161, or calling 
(703) 487-4650. The publication number is PB94-204930, and the cost 
for the print copy is $17.20. Free copies of the full report on 
computer disk can be ordered from the Access Board. An executive 
summary of this report is also available at no cost from the Access 
Board.
---------------------------------------------------------------------------

    Subsequently, the Access Board sponsored a research project to 
study accessibility requirements for children with disabilities using a 
variety of facilities. The research project, conducted by the Center 
for Accessible Housing (CAH) at North Carolina State University in 
Raleigh, North Carolina, resulted in the development of recommendations 
for children's access in 1992. The research included a review of codes, 
standards and guidelines, ergonomic studies and evaluation literature, 
and post-occupancy evaluations of children's facilities. This research 
was the basis for the CAH recommended accessibility guidelines for 
children's facilities known as ``Recommendations for Accessibility 
Standards for Children's Environments'' (also referred to as the CAH 
``recommendations'' or ``study'' in this notice).5 The CAH study 
focused on facilities serving pre-kindergarten and elementary school-
aged children and, to a lesser extent, facilities serving infants and 
toddlers.
---------------------------------------------------------------------------

    \5\ A print or microfiche copy of the report may be ordered from 
NTIS. The publication number is PB93-208676, and the cost for the 
print copy is $52.00. A copy of the study on computer disk can be 
ordered from the Access Board.
---------------------------------------------------------------------------

    On February 3, 1993, the Access Board published an advance notice 
of proposed rulemaking (ANPRM) in the Federal Register (58 FR 6924). 
The ANPRM sought comment on general issues, such as the recommended 
scope of these guidelines and the ages or grades that should be 
covered. The ANPRM also requested information on standards and 
guidelines for children's environments currently in use, building 
products and technologies currently available that specifically serve 
children, and elements and features unique to children's environments 
that may merit specific attention. Approximately 75 comments were 
received in response to this notice. Commenters included state and 
local departments of education, groups representing children with 
disabilities, plumbing fixture manufacturers, individuals, and design 
professionals. These comments are further discussed in the section-by-
section analysis that follows. A number of commenters raised 
operational or programmatic issues and recommended that the guidelines 
address adult supervision of children, including the adult-to-child 
ratio, and the provision of personal care and assistance. Under the 
ADA, the Access Board is responsible for issuing accessibility 
guidelines for buildings and facilities. The Department of Justice, not 
the Access Board, has the authority to address programs or services 
provided by an entity covered

[[Page 37966]]

by the ADA. Further, many of the program and service issues raised by 
commenters to the ANPRM are addressed by federal, state and local law 
and regulation.

Section-by-Section Analysis

    This section of the preamble contains a concise summary of the 
additions which the Access Board is proposing to ADAAG, and a summary 
of the Access Board's responses to certain comments received on the 
ANPRM. The text of the proposed common rule follows this section. 
Paragraphs marked with an asterisk have related, non-mandatory material 
in the Appendix.
    Question 1: With the exception of additional handrails required on 
ramps or stairs (15.4), this rule generally proposes to modify, or 
questions whether to modify, current ADAAG provisions when designing 
and constructing children's facilities. Considering that facilities 
covered by this rule are already subject to the scoping and technical 
provisions in current ADAAG, the Access Board and the Department of 
Justice are seeking additional information or data that would assist in 
estimating the costs and benefits of the proposed rule.

15. Children's Facilities

15.1*  Application
    Section 15 applies to those facilities constructed according to 
children's dimensions and anthropometrics. The ANPRM asked whether the 
proposed guidelines for children's facilities should be limited to 
facilities where children are the majority user population served. Most 
commenters responded that the guidelines should apply broadly to 
facilities serving the public, such as libraries, theaters, community 
centers, shopping malls, pools, and gymnasiums. Other commenters, 
however, recommended that the application of the guidelines should be 
limited to those facilities that are specifically designed for use by 
children such as educational and child care facilities.
    Generally, building codes and best practices specify that elements 
and features be provided at heights and locations appropriate for the 
primary user population served. Although children are rarely the sole 
occupants or users of a facility, codes and best practices often 
specify that elements such as drinking fountains, lavatories and toilet 
seats be mounted at heights according to children's size and reach when 
children are the primary users. Where a facility is constructed to 
serve children, section 15 requires that certain elements and features 
be readily accessible to and usable by children with disabilities. 
Therefore, section 15 applies only where facilities, or portions of 
facilities, are constructed according to children's dimensions and 
anthropometrics.
    The phrase ``constructed according to children's dimensions and 
anthropometrics'' means where the construction of a facility reflects 
the size and dimensions, reach ranges, level of strength and stamina, 
and other characteristics of children, thus rendering such a facility 
more usable by children. Facilities constructed that do not reflect 
children's characteristics are not covered by section 15.
    The ANPRM asked what ages or grades should be covered by the 
guidelines. Few comments were received in response to this question. 
With respect to age, the comments received covered a broad spectrum of 
ages from birth to age 21, with a small majority of the comments 
recommending a range of 3 to 13 years of age. Those commenters favoring 
criteria based on grades, recommended application of the guidelines to 
facilities which serve kindergarten through eighth grade. Additionally, 
some commenters stated that pre-schoolers, including toddlers, should 
also be covered. However, the age used to define a kindergartner, 
preschooler or toddler varied among jurisdictions as did age 
requirements for particular grades. These inconsistencies made it 
difficult to base the application of the guidelines on grade 
classification or other commonly used nomenclature.
    The proposed rule is intended to cover facilities which are 
constructed according to children's dimensions and anthropometrics for 
ages 2 through 12. The dimensions and anthropometrics of children aged 
2 and older are reflected in many existing state and local education or 
building design guidelines and recommendations. Those requirements 
specify that certain elements intended for children's use be designed 
and constructed for their use rather than for adult use. With respect 
to schools or portions of schools primarily serving children over 12 
years of age, most states apply design standards based on adult 
dimensions and sizes, rather than children's.
    Section 15.1 also specifies that accessible elements and spaces 
constructed according to children's dimensions and anthropometrics for 
ages 2 through 12 shall be on an accessible route complying with ADAAG 
4.3 (Accessible Route), 15.3 (Protruding Objects) and 15.4 (Handrails 
at Ramps and Stairs). For example, a children's area in a portion of a 
community center may have elements and features constructed primarily 
for children such as storage units, toilets, or lavatories. Objects 
that project from walls along the accessible route are subject to the 
provisions covering protruding objects in section 15.3. Where the 
accessible route serving a covered children's area includes a ramp, 
section 15.4 specifies that a second set of handrails for children must 
be provided. An accessible route complying with this section shall also 
be provided where individual elements are positioned at heights or 
locations based on children's sizes and dimensions, such as a drinking 
fountain in a shopping mall. Additional routes serving the children's 
area are not subject to the requirements in this section. A note has 
been included in the appendix illustrating the requirements of 
accessible routes serving areas and spaces constructed according to 
children's dimensions and anthropometrics.
    Question 2: Should the requirement for an accessible route 
complying with section 15.3 (Protruding Objects) and section 15.4 
(Handrails on Ramps and Stairs) apply where only one element is 
constructed according to children's dimensions and anthropometrics 
(e.g., an accessible drinking fountain at a child's height)? Or, would 
it be more appropriate to limit the application of an accessible route 
complying with section 15.3 (Protruding Objects) and section 15.4 
(Handrails on Ramps and Stairs) to portions of the facility that are 
constructed for children? Commenters should consider Questions 5 
(protruding objects), 22 (accessible route width), 23 (ramp slope), and 
24 (ramp length) when responding.
15.2  Reach Ranges
    This section specifies reach ranges for the mounting heights of 
elements to be accessible to and usable by children. Such elements 
include controls, dispensers, receptacles and other operable equipment 
subject to ADAAG 4.27 (Controls and Operating Mechanisms) and storage 
elements covered by ADAAG 4.25 (Storage) where they are provided for 
use by children. ADAAG currently requires that such elements be 
provided within adult reach ranges specified in ADAAG 4.2 (Space 
Allowance and Reach Range). The reach ranges proposed in section 15.2 
are intended to apply only to those controls and operating mechanisms 
and storage elements that are constructed according to children's 
dimensions and anthropometrics such as student lockers or controls of 
displays in children's

[[Page 37967]]

sections of museums. Elements provided for use by adults rather than 
primarily by children are not covered by this section.
    Section 15.2.1 modifies the reach range requirements of ADAAG 4.2. 
Section 15.2 includes a table that lists three design options: A, B, 
and C. These options specify reach ranges according to three age 
groups: 2 through 4, 5 through 8, and 9 through 12. Section 15.2.2 
requires the application of either A, B, or C. Further, this section 
states that selection of A, B, or C should correspond to the age range 
of the primary user group served. The term ``should'' is used in this 
section to permit discretion where accessible elements may serve more 
than one age group of children or where the age range of children does 
not correspond to the specific age groups listed in the table. 
According to ADAAG 3.4 (General Terminology), the term ``should'' 
denotes an advisory specification or recommendation.
    The table in section 15.2.2 specifies high and low reach ranges for 
children according to age: 36 inches (high) and 20 inches (low) for 
ages 2 through 4, 40 inches (high) and 18 inches (low) for ages 5 
through 8, and 44 inches (high) and 16 inches (low) for ages 9 through 
12. Consistent with the CAH recommendations, the reach ranges proposed 
in this section are the same for both forward and side reach. The reach 
ranges specified in the table to section 15.2.2 are to be applied 
instead of the 15 to 48 inch reach range required by ADAAG 4.2.5 
(Forward Reach), and the 9 to 54 inch reach range specified by ADAAG 
4.2.6 (Side Reach). It should be noted that designing according to the 
specifications in A would also satisfy the requirements in B and C. For 
example, locating certain accessible storage between 20 inches and 36 
inches above the finish floor would be appropriate for A (ages 2 
through 4), B (ages 5 through 8), and C (ages 9 through 12), thus 
making the storage readily accessible to a broad age range of children. 
An accessible element mounted at 44 inches above the finish floor 
however, may only be accessible to children age 9 and older.
    The CAH study recommended a forward and side reach of 20 inches 
minimum and 36 inches maximum for all children. However, since the 
ergonomic data evaluated by CAH did not conclusively justify limiting 
the reach range of children older than 4 years of age to a 20 inch 
minimum and 36 inch maximum, the proposed reach ranges in section 15.2 
may be more reflective of the sizes and anthropometrics of the age 
range of children considered by this rule. Responses to Question 3 
below will aid the Access Board in determining whether to retain the 
table as proposed, amend the table, or to specify the reach ranges 
recommended in the CAH study for all children, in the final rule.
    Question 3: Do the specifications in A, B, and C of the table in 
section 15.2 accurately reflect the reach ranges of children (ages 2 
through 12) with disabilities? If not, what specifications are 
appropriate for children using facilities covered by section 15? Where 
possible, responses should include anthropometric data or related 
information.
    Appropriate reach ranges over obstructions are critical to ensure 
the usability of controls and operating mechanisms mounted above or on 
counters, lavatories and other fixed elements. Current ADAAG 
specifications for forward and side reaches over obstructions are based 
on adult dimensions and anthropometrics. ADAAG 4.2.5 (Fig. 5(b)) 
provides that the maximum forward reach shall be 25 inches deep over an 
obstruction. Since the height of reach is reduced as the depth of an 
obstruction increases, ADAAG lowers the maximum forward reach from 48 
to 44 inches for reaches over an obstruction greater than 20 inches 
deep. ADAAG 4.2.6 (Fig. 6(c)) specifies a maximum side reach of 24 
inches over an obstruction no higher than 34 inches. Similarly, when an 
obstruction is greater than 10 inches in depth, the maximum side reach 
is reduced from 54 to 46 inches. CAH evaluated ergonomic data on the 
depth of reach of children with disabilities but did not provide 
recommendations based on this data. The CAH study did provide a 
recommendation for the placement of lavatory faucets, which is 
discussed further in the analysis of section 15.8.
    Question 4: The Access Board and the Department of Justice request 
information or recommendations on each of the following:
    (a) the maximum horizontal forward reach over an obstruction for 
children ages 2 through 4, 5 through 8, and 9 through 12;
    (b) the maximum height of elements mounted over an obstruction 
(forward reach) for children ages 2 through 4, 5 through 8, and 9 
through 12;
    (c) the maximum horizontal side reach over an obstruction for 
children ages 2 through 4, 5 through 8, and 9 through 12; and
    (d) the maximum height of elements mounted over an obstruction 
(side reach) for children ages 2 through 4, 5 through 8, and 9 through 
12.
    Where possible, commenters should provide anthropometric data or 
related information to support their recommendations and, if known, 
identify impacts on the design or placement of lavatory faucets, 
lockers, and other elements subject to reach requirements. Based on 
comments received, the Access Board may specify maximum forward and 
side reach ranges over an obstruction in the final rule.
    Figures 1 and 2 which are set forth below illustrate the 
information sought in (a) through (d) in Question 4.

BILLING CODE 4410-01-P and 8150-01-P

[[Page 37968]]

[GRAPHIC] [TIFF OMITTED] TP22JY96.001

BILLING CODE 4410-01-C and 8150-01-C
15.3  Protruding Objects
    This section modifies the current technical requirements in ADAAG 
4.4 (Protruding Objects). ADAAG 4.4.1 currently specifies that elements 
mounted on walls, such as phones and light fixtures, shall not project 
more than 4 inches from the wall surface if the leading edge is above 
27 inches from the finish floor. ADAAG 4.4.1 also specifies that free-
standing objects on posts or pylons may overhang 12 inches maximum if 
the leading edge is above 27 inches from the finish floor. The cane 
sweep of an adult with a vision impairment generally encounters objects 
at or below 27 inches. However, a child's stride is shorter, and his or 
her cane sweep is typically narrower and lower. Therefore, a child's 
cane will not contact such objects at a point that provides effective 
warning. According to the CAH recommendations, children using canes can 
detect protruding objects up to 12 inches from the ground or floor 
surface. This section reduces the 27 inch height specified by ADAAG 
4.4.1 to 12 inches.
    Under current ADAAG, elements projecting more than 4 inches such as 
drinking fountains and telephones may be mounted at heights or with 
side partitions so that the leading edge is at or below 27 inches. 
Section 15.3 would require that these elements be mounted or have side 
partitions so that the leading edge is no more than 12 inches from the 
floor. In order to meet this

[[Page 37969]]

requirement, drinking fountains and other elements which require knee 
clearance may have to be located in alcoves or be protected by walls, 
partitions, or other features.
    Question 5: What are the new construction costs associated with 
providing walls, partitions, or alcoves for drinking fountains and 
other elements that require knee clearance yet must also be within the 
12 inch height for effective detection by cane sweep?
15.4  Handrails at Ramps and Stairs
    This section addresses handrails on ramps and stairs on the 
accessible route serving children's areas covered by section 15. Unlike 
most of the provisions proposed in this rule, this section both 
modifies current ADAAG specifications and requires an additional 
accessible feature. Under section 15.4.1, ramps subject to ADAAG 4.8 
(Ramps) and stairs subject to ADAAG 4.9 (Stairs) that serve elements 
and spaces constructed according to children's dimensions and 
anthropometrics are required to provide a second set of handrails at a 
lower height and with a smaller diameter for children. These handrails 
are to be provided in addition to the higher handrail required by 
current ADAAG. The lower handrails for children are subject to current 
specifications for ramp handrails (ADAAG 4.8.5) or stair handrails 
(ADAAG 4.9.4), including requirements for a continuous gripping 
surface, 12 inch extensions beyond the top and bottom of ramps or 
stairs, clear space between handrails and walls of 1\1/2\ inches, 
rounded or returned ends, and the level of structural strength 
specified in ADAAG 4.26.3.
    The second set of handrails required by this section is subject to 
mounting height and diameter requirements that are different from those 
currently in ADAAG. Section 15.4.2 requires the gripping surface of 
this handrail to be mounted between 20 to 28 inches above the ramp 
surface or stair nosing. Under current ADAAG, a handrail mounted at 34 
to 38 inches must also be provided. Section 15.4.3 specifies that the 
gripping surface of the lower handrail shall have a diameter of 1 to 
1\1/4\ inches or provide an equivalent gripping surface. Current ADAAG 
(4.26.2) requires a diameter of 1\1/4\ to 1\1/2\ inches. The handrail 
requirements for section 15 are based on the CAH recommendations and 
are similar to requirements or recommendations in California, Illinois, 
Michigan, Texas, and Florida.
    Consistent with ADAAG, the lower handrail is required to have a 
continuous gripping surface. Where handrails at the adult height are 
mounted on top of vertical posts, lower handrails required for children 
may have to be mounted aside or off-set from such posts so that the 
gripping surface of the lower handrail is not interrupted. Handrails, 
including lower handrails off-set from vertical supports, may not 
reduce the minimum 36 inch clear width required for ramps.
    Question 6: The clear space between the upper handrail required by 
current ADAAG and the lower handrail proposed in section 15.3 may range 
from 16\3/4\ to 4\1/2\ inches. Does this range of vertical distance 
between handrails pose any hazard of entrapment? If so, what vertical 
distance is narrow enough or is wide enough to prevent entrapment?
    Question 7: Is the clear space between the upper and lower 
handrails of 4\1/2\ inches sufficient for children to grasp the lower 
handrail? If not, what should be the minimum vertical distance between 
the upper and lower handrails when one is mounted directly above the 
other?
    Question 8: Section 15.4.3 specifies a handrail diameter of 1 to 
1\1/4\ inches instead of the 1\1/4\ to 1\1/2\ inches required by 
current ADAAG. Steel pipe is often used for handrails on ramps and 
stairs. In the building industry, pipe size typically refers to the 
inside diameter so that a 1\1/2\ inch pipe handrail may have an outside 
diameter close to 2 inches. Under this industry practice, certain 
handrails specified at 1\1/4\ inches may have an outside diameters up 
to 1\5/8\ inches or greater depending on the specifications of the pipe 
provided. Is a handrail diameter greater than 1\5/8\ inches usable by 
children with disabilities? Should the guidelines specify a maximum 
outside diameter of handrails used by children?
15.5  Drinking Fountains and Water Coolers
    This section modifies technical requirements for accessible 
drinking fountains and water coolers in ADAAG 4.15 (Drinking Fountains 
and Water Coolers). Section 15.5 does not increase the number of 
accessible drinking fountains or water coolers currently required by 
ADAAG. Section 15.5.1 requires that drinking fountains and water 
coolers comply with ADAAG 4.15 except for the requirements for spout 
height (4.15.2) and clearances (4.15.5), which are modified by this 
section.
    Section 15.5.2 specifies a maximum spout height of 30 inches 
measured from the floor to the spout outlet instead of the 36 inch 
maximum specified by current ADAAG. Since children are smaller and 
wheelchairs manufactured for children may have seat heights that are 
approximately 1 to 2 inches lower than seat heights on adult 
wheelchairs, spout heights must be lower than 36 inches above the 
floor. The 30 inch spout outlet height is based on the CAH 
recommendations.
    Section 15.5.3 requires that clear knee space be at least 24 inches 
high measured from the floor to the underside of the drinking fountain 
and at least 8 inches deep measured from the leading edge of the 
drinking fountain. The 24 inch height is based in part on the lower 
height typical of children's wheelchairs and is consistent with the CAH 
recommendations. A toe clearance at least 12 inches high, measured from 
the floor, is also required. According to the CAH study, this higher 
toe clearance is necessary for children since their legs are shorter, 
resulting in wheelchair footrests that are typically mounted higher 
than on adult wheelchairs. The drinking fountain may overlap the clear 
floor space no more than 14 inches. This modifies ADAAG 4.15.5, which 
requires a 27 inch high minimum knee space, a 9 inch high minimum toe 
space, and permits the fountain to overlap the clear floor space 17 to 
19 inches.
    Question 9: Are drinking fountains currently available that meet 
the proposed requirements for a maximum 30 inch spout height, a minimum 
24 inch knee clearance, and a minimum 12 inch toe space height when 
properly mounted? If not, what are the design or product specifications 
that conflict with these proposed requirements, and are there design 
solutions which would provide the necessary knee space and spout outlet 
height for children? What are the costs of such recommended solutions?
15.6*  Water Closets, Toilet Seats, Grab Bars, and Toilet Paper 
Dispensers
    This section proposes technical specifications for water closets 
for children. It does not increase the number of water closets required 
to be accessible within toilet rooms and does not modify the 
requirement in ADAAG 4.22.4 that accessible toilet rooms have at least 
one accessible water closet. This section provides technical 
requirements based on children's dimensions to be used instead of the 
current provisions in ADAAG 4.16 (Water Closets), which are based on 
adult dimensions. Under section 15.1, toilet rooms required to be 
accessible by current ADAAG 4.1.3, which are constructed according to 
children's dimensions and anthropometrics, would be required to have at 
least one water closet complying

[[Page 37970]]

with ADAAG 4.16 as modified by this section.
    The specifications proposed in section 15.6 modify ADAAG 4.16 
provisions covering water closet centerline (4.16.2), toilet seat 
height (4.16.3), grab bars (4.16.4), toilet paper dispensers (4.16.6), 
and flush controls (4.16.5). The CAH recommendations, upon which these 
proposed specifications are based, note that the requirements 
appropriate for water closets vary according to grade or age. Section 
15.6 includes a table that lists three options, A, B, and C, which 
provide specifications for mounting locations of water closets, toilet 
seats, grab bars, and toilet paper dispensers. A, B, and C correspond 
to three age groups of children: 2 through 4, 5 through 8, and 9 
through 12, respectively. Section 15.6.2 requires the application of 
either A, B, or C. Further, this section states that selection of A, B, 
or C should correspond to the age range of the primary user group 
served by the toilet room. The term ``should'' is used in this section 
to permit discretion where toilet rooms may serve more than one age 
group of children, or where the age range of children does not 
correspond to the specific age groups listed in the table. ADAAG 3.4 
(General Terminology) states that the term ``shall'' denotes a 
mandatory specification or requirement. The term ``should'' denotes an 
advisory specification or recommendation. The application of A, B, or C 
is further discussed in an appendix note.
    Some of the technical specifications in A, B, and C of the table 
overlap. Thus, the application of specifications similar to both A and 
B, or B and C, may facilitate access for more than one age group. For 
example, a water closet with a centerline at 12 inches, a toilet seat 
at 12 inches, grab bars at 20 inches, and a toilet paper dispenser at 
14 inches above the finish floor may be appropriate for A (ages 2 
through 4) and B (ages 5 through 8). Similarly, a water closet with a 
centerline at 15 inches, a toilet seat at 15 inches, grab bars at 25 
inches, and a toilet paper dispenser at 17 inches above the finish 
floor may be appropriate for B (ages 5 through 8) and C (ages 9 through 
12). This section does not require the provision of multiple accessible 
fixtures in toilet rooms serving more than one age group. An appendix 
note to this section illustrates these examples.
    Question 10: Some of the specifications in the table in 15.6.2 
allow for overlap in two of the age groups, but do not provide 
measurements that would meet the needs of all three age groups. Are 
there alternative specifications available which would provide 
measurements that would be appropriate for all three age groups? Where 
possible, comments should provide a rationale with supporting data.
    The table in section 15.6.2 specifies the centerline of water 
closets from one side wall or stall partition according to the age 
group the water closet is intended to serve: 12 inches for ages 2 
through 4, 12 to 15 inches for ages 5 through 8, and 15 to 18 inches 
for ages 9 through 12. The proximity of water closets to grab bars 
mounted on walls or partitions is critical for safe transfer to and 
from mobility aids. These specifications are generally consistent with 
the CAH recommendations and recognize that children's reach ranges are 
generally shorter than those of adults. Section 15.6.2 modifies ADAAG 
4.16.2, which specifies a centerline measurement of 18 inches absolute.
    Section 15.6.2 also notes that the centerline requirements in this 
section do not apply to water closets in the 36 inch wide alternate 
stall permitted in alterations by ADAAG 4.1.6(3)(e)(ii). The 48 inch 
wide alternate stall is subject to the centerline locations in 15.6.2 
because such stalls do permit side transfer. The use of alternate 
stalls is permitted in alterations only where it is technically 
infeasible to provide a standard stall or where codes prohibit the 
reduction of the number of water closets.
    The table in section 15.6.2 provides toilet seat heights according 
to the age group the water closet is intended to serve: 11 to 12 inches 
for ages 2 through 4, 12 to 15 inches for ages 5 through 8, and 15 to 
17 inches for ages 9 through 12. According to the CAH study, toilet 
seats should be lower for younger children, including those with 
disabilities, so that their feet reach the floor in order to provide 
stability and greater usability. The CAH study further indicates that 
young children with mobility impairments are typically assisted in 
toileting. Therefore, for young children, maintaining a toilet seat 
height that is closer to the seat height of mobility aids is less 
critical. For older age groups the toilet seat height is increased to 
be in closer proximity to the seat height of wheelchairs and other 
mobility aids in order to facilitate independent transfers. The 
specifications for toilet seat height in section 15.6.2 are to be used 
instead of the 17 to 19 inches required by ADAAG 4.16.3.
    Section 15.6.2 requires grab bars serving water closets to be 
mounted accordingly for the following age groups: 18 to 20 inches for 
ages 2 through 4, 20 to 25 inches for ages 5 through 8, and 25 to 27 
inches for ages 9 through 12. These grab bar heights are based on the 
CAH recommendations and are to be applied instead of the 33 to 36 inch 
height required by ADAAG 4.16.4 and Fig. 29.
    Rear grab bars mounted 18 to 27 inches above the floor cannot be 
provided where tank-type water closets are used because the top of the 
tank is usually above the grab bar mounting location. This is generally 
not a problem in adult facilities where grab bars are mounted above 
conventional tanks.
    Question 11: Are tank-type water closets commonly provided in 
children's facilities? If so, what is the difference in cost between 
water closets with tanks and those without tanks? Where possible, 
responses should include per unit cost and installation costs of the 
two types of water closets.
    Question 12: Do the grab bar heights specified in the table in 
section 15.6.2 conflict with building or plumbing code requirements for 
flush control location, size, and height? If so, what accessible design 
alternatives could avoid such conflicts and what are the costs 
associated with such alternatives?
    Section 15.6.3 specifies that the grab bar gripping surface have a 
diameter of 1 to 1\1/4\ inches or provide an equivalent gripping 
surface, consistent with the CAH recommendations. Current ADAAG 
requires a diameter of 1\1/4\ to 1\1/2\ inches. Grab bars covered by 
this section, which are also subject to requirements of ADAAG 4.16, 
must meet the requirements of ADAAG 4.26 (Handrails, Grab Bars, and Tub 
and Shower Seats), including requirements for spacing from the wall of 
1\1/2\ inches (4.26.2), structural strength (4.26.3), and surface 
(4.26.4). ADAAG 4.26.4 requires grab bars to be free of any sharp or 
abrasive surfaces. Some building codes require grab bars to have 
textured surfaces (knurled, peened or anti-slip) to prevent hands from 
slipping during use.
    Question 13: Should a requirement be included for textured grab 
bars serving children? What types of texturing are most effective in 
preventing slippage and improving grip that are not sharp or abrasive? 
The Access Board may consider including such a requirement in the final 
rule.
    The table in section 15.6.2 provides mounting heights for toilet 
paper dispensers according to the following age groups: 14 inches for 
ages 2 through 4, 14 to 17 inches for ages 5 through 8, and 17 to 19 
inches for ages 9 through 12. This modifies ADAAG 4.16.6 and Fig. 
29(b), which specifies a height of 19 inches.

[[Page 37971]]

    Section 15.6.4 requires that flush controls be mounted within the 
reach ranges for children specified in section 15.2 (20 to 36 inches 
for ages 2 through 4, 18 to 40 inches for ages 5 through 8, and 16 to 
44 inches for ages 9 through 12) instead of at 44 inches or below as 
required by ADAAG 4.16.5.
    Question 14: Do the proposed heights for flush controls conflict 
with any plumbing codes, industry practices, or design practices? If 
so, responses should identify and describe the specific code or 
practice conflict.
15.7  Toilet Stalls
    This section contains specifications for toilet stalls provided in 
toilet rooms constructed according to children's dimensions and 
anthropometrics. This section does not increase the minimum number of 
accessible toilet stalls required by ADAAG 4.22.4. Section 15.7 
modifies requirements in ADAAG 4.17 (Toilet Stalls) for water closets 
(4.17.2), stall size (4.17.3), toe clearance (4.17.4), and grab bars 
(4.17.6). Under section 15.7.1, toilet stalls required to be accessible 
by ADAAG 4.22.4 shall comply with ADAAG 4.17, except as modified by 
section 15.7.
    Section 15.7.2 requires water closets in accessible stalls to 
comply with section 15.6. The water closet centerline specifications in 
section 15.6.2 are appropriate only for stalls wide enough to allow 
side transfers. See section 15.6.2.
    Section 15.7.3 requires standard stalls to have a minimum stall 
depth of 59 inches where toilets are wall- or floor-mounted. This 
modifies ADAAG 4.17.3 (Fig. 30(a)), which also requires a minimum depth 
of 59 inches for stalls with floor-mounted water closets but specifies 
a minimum depth of 56 inches for stalls with wall-mounted water 
closets. Section 15.7.3 increases the minimum depth because wall-
mounted water closets serving children may not provide adequate toe 
clearance. Wall-mounted water closets with adult seat heights of 17 to 
19 inches typically provide toe clearance beneath the water closet for 
adults. As water closets designed to serve young children are lower 
than adult water closets and as children's footrests are generally 
higher than adults, toe clearance is not available beneath wall-mounted 
water closets serving children.
    Similarly, in the case of standard stalls located at the end of the 
row, section 15.7.3 specifies a depth of 59 inches in addition to the 
minimum 36 inches required for the stall door and for the 90 degree 
turn. This modifies ADAAG 4.17.3 (Fig. 30(a-1)), which requires the 
same minimum depth for stalls with floor-mounted water closets but 
specifies a minimum depth of 56 inches for stalls with wall-mounted 
water closets.
    Section 15.7.3 also specifies that when alterations are made, 
alternate stalls with wall- or floor-mounted water closets have a 
minimum depth of 69 inches. This modifies ADAAG 4.17.3 (Fig. 30(b)), 
which requires the same depth for stalls with floor-mounted water 
closets but specifies a minimum depth of 66 inches for alternate stalls 
with wall-mounted water closets. ADAAG 4.17.3 includes an exception 
permitting use of alternate stalls in lieu of the standard 60 inch wide 
stall in alterations where it is technically infeasible to provide a 
standard stall.
    Question 15: What is the cost impact of requiring stalls with wall-
mounted water closets to be at least 59 inches deep?
    Section 15.7.4 specifies that the front partition and one side 
partition of standard stalls of minimum dimension provide a toe 
clearance of 12 inches minimum. This modifies ADAAG 4.17.4, which 
requires a toe clearance of 9 inches minimum. According to the CAH 
study, this higher toe clearance is necessary for children since their 
legs are shorter, resulting in footrests that are typically mounted 
higher than on adult wheelchairs.
    Question 16: Section 15.7.4, consistent with current ADAAG, 
requires toe clearance beneath partitions only where the stall depth is 
60 inches or less. The CAH study did not consider whether toe clearance 
is necessary in stalls more than 60 inches deep, including end- of-row 
standard stalls and alternate stalls. Is a 12 inch toe clearance 
beneath partitions needed for children's maneuvering in stalls more 
than 60 inches deep? The Access Board may include such a requirement in 
the final rule.
    Question 17: While the CAH study recommended that toe clearance 
beneath partitions be at least 12 inches high, it also recommended, as 
proposed in section 15.6.2, that toilets serving young children (i.e., 
ages 2 through 4) have a seat height of 11 to 12 inches. The CAH 
recommendations do not address privacy considerations concerning 
clearances beneath partitions that are as high or higher than the 
toilet seat height. Does this toe clearance requirement and toilet seat 
height compromise privacy? What design solutions are available that 
provide the 12 inch toe clearance while maintaining the privacy of 
stall users? Should a wider width of stalls be specified in the final 
rule as an alternative to the provision of toe clearance beneath 
partitions? If so, what should this wider stall width be? Where 
possible, commenters should include any information on the cost impact 
of their recommendation.
    Section 15.7.5 requires that grab bars be mounted as specified in 
section 15.6.2. This modifies the height requirements in ADAAG 4.17.6, 
but does not change the length and configuration requirements shown in 
Fig. 30. Section 15.7.5 also specifies that the gripping surface have a 
diameter of 1 to 1\1/4\ inches or provide an equivalent gripping 
surface, consistent with CAH recommendations. Current ADAAG (4.26.2) 
requires grab bars to have a diameter of 1\1/4\ to 1\1/2\ inches. Grab 
bars subject to ADAAG 4.17 must meet ADAAG 4.26 (Handrails, Grab Bars, 
and Tub and Shower Seats), including requirements for spacing from the 
wall of 1-\1/2\ inches (4.26.2), structural strength (4.26.3), and 
surface (4.26.4). See section 15.6.2 for discussion and questions on 
grab bars at water closets.
15.8  Lavatories and Mirrors
    This section provides specifications for accessible lavatories and 
mirrors and modifies requirements in ADAAG 4.19 (Lavatories and 
Mirrors) for lavatory height and clearances (4.19.2), clear floor space 
(4.19.3), and mirror height (4.19.6). In toilet rooms, bathrooms, 
bathing facilities, and shower rooms constructed according to 
children's dimensions and anthropometrics, section 15.8.1 provides that 
at least one lavatory and mirror be accessible to children with 
disabilities. This does not increase the number of lavatories or 
mirrors required to be accessible by current ADAAG 4.22 (Toilet Rooms) 
or ADAAG 4.23 (Bathrooms, Bathing Facilities, and Shower Rooms).
    Section 15.8.2 specifies a lavatory rim no higher than 30 inches 
above the floor and a minimum clearance 27 inches high from the floor 
to the underside of the apron. These specifications, like those for 
drinking fountains, are based on children's dimensions and CAH 
recommendations. This section modifies ADAAG 4.19.2, which requires a 
maximum rim height of 34 inches and a minimum clearance of 29 inches. 
One comment to the ANPRM from a local school system stated that 
lavatories for children without disabilities ages 2 through 5 are 
mounted no higher than 24 inches. Some state requirements for 
educational or child care facilities specify standard mounting heights 
of 24 to 26 inches for lavatories serving young children. Thus, a 30 
inch maximum height may conflict with such requirements and may be too 
high to be usable by children using crutches and

[[Page 37972]]

by children without disabilities. In contrast, an accessible lavatory 
mounted at adult height (e.g., 34 inches maximum) is generally usable 
by all adults, including those with disabilities. Where a children's 
toilet room has only one lavatory constructed according to children's 
dimensions and anthropometrics, this rule specifies the lavatory to be 
accessible to children with disabilities.
    Section 15.8.2 also requires that the clear knee space beyond the 
leading edge of the apron be at least 24 inches high measured from the 
floor and at least 8 inches deep measured from the leading edge. Toe 
clearance at least 12 inches high measured from the floor is also 
required. According to the CAH study, this higher toe clearance is 
necessary for children since their legs are shorter, resulting in 
wheelchair footrests that are typically mounted higher than on adult 
wheelchairs. The CAH study recommended these clearances to enable 
children using wheelchairs to approach lavatories and reach the bowl 
and faucets. This section modifies ADAAG 4.19.2 and Fig. 31, which 
specify knee clearance at least 27 inches high and toe clearance at 
least 9 inches high.
    Question 18: Are lavatories currently available that meet the 
proposed requirements for rim height and knee and toe clearances when 
properly mounted? If not, what are the design or product specifications 
that conflict with these proposed requirements? What products or design 
solutions are available for providing lavatories with 24 inch knee 
clearance and a 30 inch rim height that are also usable by all 
children, including those with disabilities? Where possible, responses 
should include cost estimates for these products or design solutions.
    Section 15.8.3 specifies that the required clear floor space may 
extend no more than 14 inches beneath the lavatory. The CAH 
recommendations, consistent with Florida's recommended ``Building 
Standards for Educational Facilities for Handicapped Children'' 
(Florida Department of Education, 1988) (the ``Florida recommended 
standards''), (section 8.5.2.3 (Fig. 8.9)), specify a maximum overlap 
of 12 inches. The 14 inch maximum proposed in this provision, however, 
is consistent with current ADAAG requirements for knee clearance at 
least 8 inches deep and toe clearance no more than 6 inches deep. This 
modifies ADAAG 4.19.3, which allows a maximum overlap of 19 inches.
    In its evaluation of children's facilities, CAH observed that many 
children using wheelchairs positioned themselves aside, and sometimes 
between, lavatories in order to reach faucet controls. This was 
observed at lavatories of various heights where controls were mounted 
at the back of the bowl. The CAH study recommended that faucets be 
located within 14 inches of the front edge of the lavatory. The Florida 
recommended standards (section 8.5.4 (Fig. 8.10)) permit location of 
controls at the front of the lavatory or aside the bowl. The Texas 
State Building Code (section 2.1.1, Texas Accessibility Standards, 
April 1, 1994) requires that faucets be located no more than 18 inches 
from the front edge of lavatories serving children ages 4 through 10 or 
11.
    Question 19: The final rule may specify that faucets be located no 
more than 14 inches from the front edge of lavatories. Is this distance 
appropriate or should an alternative distance or location (i.e., aside 
or in front of bowls) be specified? Where possible, recommendations for 
alternative distances or locations should include rationale and other 
supporting data, as well as identification of any potential conflicts 
with plumbing codes. Commenters should consider Question 4 (reach over 
obstruction) when responding. Information is sought on design 
alternatives and new technologies, such as automatic sensors, that 
facilitate use of faucets by children.
    Section 15.8.4 provides that the bottom edge of mirrors at 
accessible lavatories be mounted no higher than 34 inches above the 
floor. ADAAG 4.19.6 currently provides that mirrors at lavatories 
accessible to adults have their bottom edge no higher than 40 inches. 
The CAH study noted that mirrors mounted above lavatories are too high 
for many children to use and recommended providing a full-length mirror 
in children's toilet rooms, which are commonly provided in elementary 
school toilet rooms. The current appendix to ADAAG 4.19.6 notes that 
full-length mirrors provide more convenient access than mirrors mounted 
above lavatories. A 30 by 48 inch clear floor space should be provided 
in front of these mirrors outside the door swing.
    Question 20: Should full-length mirrors and clear floor space be 
required in children's toilet rooms? Where possible, responses should 
include information on the cost and space impact. The final rule may 
include such a requirement.
15.9  Storage
    This section covers fixed and built-in storage facilities 
constructed according to children's dimensions and anthropometrics. 
ADAAG 4.1.3(12) requires at least one of each type of storage space or 
element to be accessible. Section 15.9.1 requires that these spaces and 
elements comply with ADAAG 4.25 (Storage), as modified by section 
15.9.2.
    Section 15.9.2 requires that storage facilities be within the reach 
range specified in section 15.2 for front or side reaches. This applies 
to such storage spaces as lockers, cabinets, shelves, closets, and 
drawers, and to such storage elements, as clothes rods, shelving, and 
hooks. This modifies ADAAG 4.25.3, which specifies a range of 15 to 48 
inches for front reach and 9 to 54 inches for side reach.
15.10  Fixed or Built-in Seating and Tables
    This section addresses fixed and built-in seating and tables 
constructed according to children's dimensions and anthropometrics. 
ADAAG 4.1.3(18) requires five percent of built-in seating or tables to 
be accessible. Section 15.10.1 requires compliance with ADAAG 4.32 
(Fixed and Built-in Seating and Tables), as modified by this section.
    Section 15.10.2 specifies that fixed tables shall not overlap the 
required 30 by 48 inch clear floor space by more than 14 inches. This 
is consistent with requirements for clear floor space at lavatories in 
section 15.8. ADAAG 4.32.2 currently allows an overlap of 19 inches.
    Section 15.10.3 requires knee clearance at least 24 inches high, 30 
inches wide, and 14 inches deep. This modifies ADAAG 4.32.3, which 
requires knee clearance at least 27 inches high, 30 inches wide, and 19 
inches deep. Section 15.10.4 requires the tops of accessible tables and 
counters to be 26 to 30 inches high, measured from the floor. This 
differs from ADAAG 4.32.4, which specifies a range of 28 to 34 inches 
for this height. The specifications proposed in section 15.10 are based 
on the CAH recommendations.

Other Issues

    In the course of the development of this proposed rule, questions 
have been raised about the effect of other current ADAAG requirements 
on accessibility for children with disabilities. These issues are 
discussed below.
    There is no known data available to enable the Access Board and the 
Department of Justice to determine whether additional regulations in 
this area are necessary or appropriate. Therefore, the agencies have 
not included specific regulatory requirements on these issues in this 
proposed rule. The Access Board and the Department of Justice raise 
these

[[Page 37973]]

questions now in an effort to determine if there is sufficient data 
available to support future regulatory requirements.

Clear Floor and Knee Clearance: Width

    ADAAG 4.2 (Space Allowance and Reach Ranges) specifies that clear 
floor or ground space 30 inches wide and 48 inches long is the minimum 
necessary to accommodate a single, stationary wheelchair occupied by an 
adult. This clear floor space is required at drinking fountains, 
lavatories, sinks, built-in tables, and telephones. Consistent with 
this requirement, ADAAG also requires knee space at least 30 inches 
wide beneath such elements. The CAH recommendations, as well as the 
Florida recommended standards (section 9.2.2 (Fig. 9.5)), specify that 
the clear floor space and knee clearance be at least 36 inches wide in 
children's facilities. According to the CAH recommendations, the upper 
body strength and maneuvering skills of children are not as developed 
as those of adults, therefore children require more space to approach 
and position themselves at elements. Increasing the width of the clear 
floor space may require additional space between adjacent elements such 
as drinking fountains, telephones, and lavatories, or wider alcoves in 
which such elements are mounted.
    Question 21: Should the minimum width of clear floor space and knee 
clearance be increased to 36 inches, or some other recommended 
alternative, in facilities constructed according to children's 
dimensions and anthropometrics? Where possible, responses should 
include information on the cost impact in new construction of 
increasing this width to 36 inches or recommended alternatives.

Accessible Route: Minimum Width

    ADAAG 4.3 (Accessible Route) requires that the width of accessible 
routes shall be 36 inches minimum. The CAH study recommended that 
accessible routes in children's facilities be at least 44 inches wide. 
In its evaluation of children's facilities, CAH observed children 
straying or diverging from a direct line of travel in traversing halls 
and corridors and approaching elements and fixtures. The CAH study 
attributed this to children's level of strength, stamina, and dexterity 
in the use of mobility aids. Most state building codes do not contain 
requirements that specifically address accessible routes for children. 
However, the Florida recommended standards (section 3.3.3) specify a 
minimum width of 44 inches for interior accessible routes. The Access 
Board is considering a similar requirement. State building and life 
safety codes typically require hallways or corridors to be wider than 
44 inches for purposes of egress. Therefore, a requirement for a 44 
inch wide route may have little cost and space impact in hallways or 
corridors. Routes off hallways or corridors in classrooms, libraries, 
toilet rooms, and other spaces would be affected by such a requirement. 
This includes routes to accessible study carrels and between library 
stacks. Increasing the minimum accessible route width would impact 
current ADAAG requirements for widths at turns around obstructions 
(4.3.3, Fig. 7(a)), passing space (4.3.4), curb ramps (4.7.3), and 
ramps (4.8.3).
    Question 22: Should the minimum width of an accessible route be 
increased from 36 inches to 44 inches? Where possible, responses should 
provide a rationale with any supporting data, and information on the 
cost impact of an accessible route wider than 36 inches in new 
construction. See Question 2 (accessible route).

Ramps: Slope and Rise

    ADAAG 4.8 (Ramps) requires that the least possible slope be used on 
any ramp, and that the maximum slope not exceed 1:12 in new 
construction. The CAH recommendations and commenters to the ANPRM 
considered the 1:12 slope too steep for children and recommended 
maximum slopes of 1:16 or 1:20 to take into account the differences in 
strength and stamina between children and adults. The Access Board is 
currently conducting a research project on ramp slope. Children will be 
included in the test sample. The Access Board anticipates that this 
research will be completed prior to the issuance of a final rule on 
children's facilities and that the results may be incorporated in this 
section.
    Question 23: What should the maximum slope be for ramps used by 
children? Where possible, commenters should provide data to support 
their recommendations and information on the cost impact of their 
recommendations in new construction. See Question 2 (accessible route).
    The usability of a ramp generally depends both on its slope and 
length of run. ADAAG 4.8.2 specifies a maximum length of run of 30 feet 
for ramps steeper than 1:16 and a maximum length of run of 40 feet for 
ramps with slopes 1:16 to 1:20. The CAH study recommended a maximum 
length of run of 20 feet for ramps in children's facilities since 
children generally do not have the strength to negotiate longer ramps. 
A 20 foot maximum length of run for ramps with slopes of either 1:16 or 
1:20, as recommended by the CAH study, will limit the rise to 
approximately 9\5/8\ and 12 inches, respectively. The ramp research 
which the Access Board is conducting will study and make 
recommendations on ramp length.
    Question 24: Should the maximum length of run for ramps in 
facilities constructed according to children's dimensions and 
anthropometrics be reduced to 20 feet? Where possible, responses should 
include rationale with supporting data and information on the cost 
impact in new construction. See Question 2 (accessible route).

Door Hardware

    The CAH study recommended that door hardware be mounted 30 to 34 
inches from the floor. ADAAG 4.13 (Doors) specifies that door hardware 
be mounted no higher than 48 inches, which is generally consistent with 
most building codes. According to conventional design practice, door 
hardware is typically mounted at 36 inches above the floor.
    Question 25: Doors in facilities constructed according to 
children's dimensions and anthropometrics are also used by adults. Is 
door hardware mounted between 30 to 34 inches above the floor usable by 
adults?

Urinals

    The CAH study recommended that urinal rims be 14 inches high 
maximum and that flush controls be 30 inches high maximum above the 
floor, instead of the 17 inch rim height and the 44 inch flush control 
height required by ADAAG 4.18 (Urinals). In response to the ANPRM, a 
national manufacturer of plumbing fixtures commented that the 30 inch 
height for flush controls is not feasible since the average urinal is 
27 inches high, and further commented that national plumbing codes 
require the flush valve handle to be at least 8\1/2\ inches above the 
urinal, resulting in a flush control height of at least 38 to 40 
inches.
    Question 26: Are there products or design solutions currently 
available that meet both applicable codes and the CAH recommended 
specifications, including the 30 inch maximum height for flush 
controls? Where possible, responses should identify any cost increases 
associated with designing or installing urinals to meet the CAH 
recommendations and applicable plumbing codes.

Sinks

    Sinks provided in spaces for children may serve different purposes 
and users. In schools for example, some sinks may serve as a wash 
station for children,

[[Page 37974]]

while others may serve as part of a work station for instructors. 
Often, one sink is provided for both purposes. The CAH recommendations 
included requirements for sinks accessible to children. Similar to the 
provisions for lavatories, the CAH study recommended that sinks have a 
rim no higher than 30 inches above the floor, knee clearance at least 
24 inches high, and that the faucet and faucet controls be located 
within 14 inches of the front edge of the sink. Under these 
recommendations, sink bowls could be no more than 5\1/2\ inches deep. 
These recommendations modify ADAAG 4.24 (Sinks), which specifies a 34 
inch maximum sink height and 27 inch minimum knee clearance. Standard 
mounting heights for sinks serving young children may be 24 to 26 
inches, according to some state requirements for educational 
facilities. Thus, a 30 inch maximum height may conflict with such 
requirements and be too high for young children.
    Question 27: What product or design solutions are available for 
providing sinks with 24 inch knee clearance and a 30 inch rim height 
that are also usable by young children who are ambulatory? Where 
possible, responses should include cost estimates for these products or 
design solutions.

Signage

    The CAH study recommended that tactile signage be mounted at a 
height of 48 inches, while the Florida recommended standards (section 
3.20.5 (Fig. 3.31)) specify a maximum height of 42 inches. ADAAG 4.30 
(Signage) requires raised and Brailled signage to be mounted 60 inches 
above the finish floor.
    Question 28: Are signs primarily used by children in children's 
facilities? If so, how should the guidelines accommodate adults? Is a 
specific height of either 48 inches or 42 inches appropriate for 
signage provided for children? Are there other heights which would be 
more appropriate?

Wheelchair Seat Heights

    The type, size, and specifications of wheelchairs vary widely and, 
as with any consumer product, individuals may have a number of reasons 
for using one type or model rather than another. The CAH 
recommendations, as well as available product information on 
wheelchairs, suggest that the average seat height on child-sized 
wheelchairs may range from 1 to 2 inches lower than the average seat 
height on adult-sized wheelchairs. The proposed requirements in this 
rule for the minimum knee clearance height and maximum height of such 
accessible elements as drinking fountain spout outlets, fixed tables, 
and lavatories are based on the size and stature of children, as well 
as the average seat height of child-sized wheelchairs.
    Question 29: What is the average age where children begin to use 
adult-sized wheelchairs?

Regulatory Process Matters

Executive Order 12866

    The Office of Management and Budget has reviewed this proposed rule 
as a ``significant regulatory action'' under Executive Order 12866, 
section 3(f)(4). Facilities covered by this rule are already subject to 
the scoping and technical provisions in current ADAAG. Therefore, with 
the exception of additional handrails required on covered ramps or 
stairs, this rule does not add new requirements. Rather, it generally 
proposes to modify, or questions whether to modify, current ADAAG 
provisions when constructing facilities according to children's 
dimensions and anthropometrics. The Access Board and the Department of 
Justice have determined that the costs associated with the application 
of the proposed requirements will have a minimal cost impact on new or 
altered facilities constructed according to children's dimensions and 
anthropometrics; and therefore a cost-benefit analysis is not required 
under Executive Order 12866, section 6(a)(3)(C). However, the agencies 
have requested additional cost information in this proposed rule and, 
upon receipt of that information, will reevaluate whether a cost-
benefit analysis is required for the final rule.

Regulatory Flexibility Act Analysis

    Under the Regulatory Flexibility Act, the publication of a rule 
requires the preparation of a regulatory flexibility analysis if such 
rule could have a significant economic impact on a substantial number 
of small entities. For the reasons discussed above, the Access Board 
and the Department of Justice have determined independently that this 
proposed rule is not expected to have a significant economic impact on 
a substantial number of small entities. Accordingly, a regulatory 
flexibility analysis is not required.

Federalism Assessment

    The Access Board and the Department of Justice also have determined 
independently that this rule will not have sufficient federalism 
implications to require a federalism assessment under Executive Order 
12612.

Enhancing the Intergovernmental Partnership

    Executive Order 12875, Enhancing the Intergovernmental Partnership, 
encourages Federal agencies to consult with state and local governments 
affected by the implementation of legislation. Prior to the issuance of 
this NPRM, the Access Board issued an ANPRM on February 3, 1993. (See 
58 FR 6924.) The ANPRM sought comment on general issues and also 
requested information on standards and guidelines for children's 
environments currently in use, building products and technologies 
currently available that specifically serve children, and elements and 
features unique to children's environments that may merit specific 
attention. The Access Board received a number of comments from various 
state and local governments. Those comments are discussed in the 
section-by-section analysis above. In addition, the Access Board 
specifically contacted the departments of education in a number of 
states regarding this rulemaking. Furthermore, the Access Board and the 
Department of Justice are forwarding a copy of this NPRM to the 
departments of education, state education associations, the state 
building code authorities, and other various responsible agencies in 
each of the 50 states seeking their input and comment on the proposed 
rule. Interested state and local government agencies, as well as the 
general public, may obtain technical assistance regarding this NPRM by 
contacting the Access Board at (202) 272-5434 or (800) 872-2253 (voice) 
and pressing 2 on the telephone keypad or (202) 272-5449 or (800) 993-
2822 (TTY).

Text of Proposed Comm
FR Doc. 96-18138 Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities; Children's Facilities AGENCIES: Architectural and Transportation Barriers Compliance Board and Department of Justice.
on Rule

    Appendix A to part is proposed to be amended by adding a new 
section 15 and by adding A15.1 and A15.6.2 in the appendix to appendix 
A to read as follows:
* * * * *

15. CHILDREN'S FACILITIES.

15.1*  Application.

    This section applies to facilities, or portions of facilities, 
constructed according to children's dimensions and anthropometrics for 
ages 2 through 12. Facilities covered by this section shall comply with 
the applicable requirements of 4.1 through 4.35 and the special 
application sections, except as modified or otherwise provided in this 
section. All public and common use areas covered by this section are 
required to be designed and constructed to comply with 4.1 through 
4.35, except

[[Page 37975]]

as modified or otherwise provided in this section. Accessible elements 
and spaces covered by this section shall be on an accessible route 
complying with 4.3, 15.3, and 15.4. The specifications in this section 
are based on children's dimensions and anthropometrics.
    The phrase ``constructed according to children's dimensions and 
anthropometrics'' means where the construction of a facility reflects 
the size and dimensions, reach ranges, level of strength and stamina, 
or other characteristics of children. Facilities constructed that do 
not reflect children's characteristics are not covered by this section.

15.2  Reach Ranges.

    15.2.1  General. The requirements in 4.2.5 and 4.2.6 are modified 
by the following provisions.
    15.2.2  Forward and Side Reach. The high forward or high side 
reach, and the low forward or low side reach shall comply with A, B, or 
C in the table below. Selection of A, B, or C should correspond to the 
age range of the primary user group.

                         Forward and Side Reach                         
------------------------------------------------------------------------
                              High reach (not more   Low reach (not less
                                      than)                 than)       
------------------------------------------------------------------------
A--Ages 2 through 4.........  36 in (915 mm)......  20 in (510 mm).     
B--Ages 5 through 8.........  40 in (1015 mm).....  18 in (455 mm).     
C--Ages 9 through 12........  44 in (1120 mm).....  16 in (405 mm).     
------------------------------------------------------------------------

15.3  Protruding Objects.

    The requirements in 4.4.1 are modified by 15.3. Objects projecting 
from walls with their leading edges between 12 in and 80 in (305 mm and 
2030 mm) above the finish floor shall protrude no more than 4 in (100 
mm) into walks, halls, corridors, passageways, or aisles. Objects 
mounted with their leading edges at or below 12 in (305 mm) above the 
finish floor may protrude any amount. Free-standing objects mounted on 
posts or pylons may overhang 12 in (305 mm) maximum from 12 in to 80 in 
(305 mm to 2030 mm) above the ground or finish floor. Protruding 
objects shall not reduce the clear width of an accessible route or 
maneuvering space.

15.4  Handrails at Ramps and Stairs.

    15.4.1  General. In addition to the handrails required by 4.8 and 
4.9, a second set of handrails shall be provided complying with 4.8.5 
or 4.9.4 and 4.26.2, except as modified by the following provisions.
    15.4.2  Height. The top of handrail gripping surfaces shall be 
mounted between 20 in and 28 in (510 mm and 710 mm) above ramp surfaces 
or stair nosings.
    15.4.3  Size. The gripping surfaces of handrails shall have a 
diameter or width of 1 in to 1\1/4\ in (25 mm to 30 mm), or the shape 
shall provide an equivalent gripping surface.

15.5  Drinking Fountains and Water Coolers.

    15.5.1  General. Drinking fountains or water coolers required to be 
wheelchair accessible by 4.1 shall comply with 4.15, except as modified 
by 15.5. The requirements in 4.15.2 and 4.15.5 are modified by the 
following provisions.
    15.5.2  Spout Height. Spouts shall be no higher than 30 in (760 
mm), measured from the floor or ground surface to the spout outlet.
    15.5.3  Clearances. Wall-mounted and post-mounted cantilevered 
units shall have a clear knee space between the bottom of the apron and 
the floor or ground at least 24 in (610 mm) high and 8 in (205 mm) 
deep, measured from the leading edge of the fountain. Clear toe space 
shall be 12 in (305 mm) high minimum, measured from the finish floor. 
Such units shall also have a minimum clear floor space 30 in by 48 in 
(760 mm by 1220 mm) to allow a forward approach to the unit. The clear 
floor space may extend a maximum of 14 in (305 mm) underneath the 
fountain.
15.6  Water Closets, Toilet Seats, Grab Bars, and Toilet Paper 
Dispensers.
    15.6.1  General. Water closets required to be accessible by 4.22.4 
shall comply with 4.16, except as modified by 15.6. The requirements in 
4.16 and 4.26.2 are modified by the following provisions.
    15.6.2*  Placement. The centerline and seat height of the water 
closet and the centerline height of the grab bars and toilet paper 
dispenser shall comply with A, B, or C in the table below. Selection of 
A, B, or C should correspond to the age range of the primary user 
group. The centerline requirements in the table do not apply to the 36 
in (915 mm) wide alternate stall permitted in alterations by 
4.1.6(3)(e)(ii). The centerline of water closets shall be measured from 
one side wall or stall partition.

             Specifications for Water Closets, Toilet Seats, Grab Bars, and Toilet Paper Dispensers             
----------------------------------------------------------------------------------------------------------------
                                    Water closet       Toilet seat                                              
                                     centerline           height        Grab bar height      Dispenser height   
----------------------------------------------------------------------------------------------------------------
A (Ages 2 through 4)...........  12 in (305 mm)...  11 in to 12 in     18 in to 20 in     14 in (355 mm).       
                                                     (280 mm to 305     (455 mm to 510                          
                                                     mm).               mm).                                    
B (Ages 5 through 8)...........  12 in to 15 in     12 in to 15 in     20 in to 25 in     14 in to 17 in (355 mm
                                  (305 mm to 380     (305 mm to 380     (510 mm to 635     to 430 mm).          
                                  mm).               mm).               mm).                                    
C (Ages 9 through 12)..........  15 in to 18 in     15 in to 17 in     25 in to 27 in     17 in to 19 in (430 mm
                                  (380 mm to 455     (380 mm to 430     (635 mm to 685     to 485 mm).          
                                  mm).               mm).               mm).                                    
----------------------------------------------------------------------------------------------------------------

    15.6.3  Grab Bar Size. The diameter or width of the gripping 
surface of a grab bar shall be 1 in to 1\1/4\ in (25 mm to 30 mm), or 
the shape shall have an equivalent gripping surface.
    15.6.4  Flush Controls. Flush controls shall be located within the 
reach ranges specified by 15.2.

15.7  Toilet Stalls.

    15.7.1  General. Toilet stalls required to be accessible by 4.22.4 
shall comply with 4.17, except as modified by 15.7. The requirements in 
4.17.2, 4.17.3,

[[Page 37976]]

4.17.4, 4.17.6, and 4.26.2 are modified by the following provisions.
    15.7.2  Water Closets. Water closets in accessible stalls shall 
comply with 15.6.
    15.7.3  Depth. Standard stalls with floor- or wall-mounted water 
closets shall have a depth of 59 in (1500 mm) minimum. Standard stalls 
at the end of a row with floor- or wall-mounted water closets shall 
have a depth of 59 in (1500 mm) in addition to the minimum 36 in (915 
mm) required for the stall door. Where provided in alterations, 
alternate stalls with floor- or wall-mounted water closets shall have a 
depth of 69 in (1745 mm) minimum.
    15.7.4  Toe Clearance. In standard stalls of minimum dimension, the 
front partition and at least one side partition shall provide a toe 
clearance of 12 in (305 mm) minimum above the finish floor. If the 
depth of the stall is greater than 60 in (1525 mm), then the toe space 
is not required.
    15.7.5  Grab Bars. Grab bar mounting heights shall comply with the 
heights specified in 15.6. The diameter or width of the gripping 
surfaces of a grab bar shall be 1 in to 1\1/4\ in (25 mm to 30 mm), or 
the shape shall provide an equivalent gripping surface.

15.8  Lavatories and Mirrors.

    15.8.1  General. Lavatories and mirrors required to be accessible 
by 4.22.6 and 4.23.6 shall comply with 4.19, except as modified by 
15.8. The requirements in 4.19.2, 4.19.3, and 4.19.6 are modified by 
the following provisions.
    15.8.2  Height and Clearances. Lavatories shall be mounted with the 
rim or counter surface no higher than 30 in (760 mm) above the finish 
floor. A clearance of 27 in (685 mm) minimum measured from the finish 
floor to the bottom of the apron shall be provided. Minimum clear knee 
space 24 in (610 mm) high, measured from the finish floor, and 8 in 
(205 mm) deep, measured from the leading edge of the lavatory, shall be 
provided. Clear toe space shall be 12 in (305 mm) high minimum, 
measured from the finish floor.
    15.8.3 Clear Floor Space. Clear floor space shall extend a maximum 
of 14 in (355 mm) underneath the lavatory.
    15.8.4  Mirrors. Mirrors shall be mounted with the bottom edge of 
the reflecting surface no higher than 34 in (865 mm) above the finish 
floor.

15.9  Storage.

    15.9.1  General. Fixed storage facilities such as lockers, 
cabinets, shelves, closets, and drawers required to be accessible by 
4.1 shall comply with 4.25, except as modified by 15.9. The 
requirements in 4.25.3 are modified by the following provision.
    15.9.2  Height. Accessible storage spaces shall be within at least 
one of the reach ranges specified in 15.2. Clothes rods, hooks, or 
shelves shall be a maximum of 36 in (915 mm) above the finish floor for 
a side approach.

15.10  Fixed or Built-in Seating and Tables.

    15.10.1  General. Fixed or built-in seating or tables required to 
be accessible by 4.1 shall comply with 4.32, except as modified by 
15.10. The requirements in 4.32.2, 4.32.3, and 4.32.4 are modified by 
the following provisions.
    15.10.2  Seating. Clear floor space shall not overlap knee space by 
more than 14 in (355 mm).
    15.10.3  Knee Clearances. Knee clearance at least 24 in (610 mm) 
high, 30 in (760 mm) wide, and 14 in (355 mm) deep shall be provided.
    15.10.4  Height of Tables or Counters. The tops of accessible 
tables and counters shall be from 26 in to 30 in (660 mm to 760 mm) 
above the finish floor or ground.

Appendix

* * * * *

A15.1  Application.

    Section 15 modifies the technical requirements in section 4. 
This section applies to facilities, or portions thereof, constructed 
according to children's dimensions and anthropometrics for ages 2 
through 12. State and local codes and guidelines, as well as best 
practices, often specify that facilities be designed to accommodate 
children rather than adults, particularly where children are the 
primary population served by a facility. These codes, guidelines, 
and best practices may specify lower mounting heights for certain 
elements used primarily by children, such as water fountains, 
lavatories, and toilets. This section provides accessibility 
requirements for these elements and is intended to apply where state 
or local codes, guidelines, or best practices specify design for 
children.
    The phrase ``constructed according to children's dimensions and 
anthropometrics'' means where the construction of a facility 
reflects the size and dimensions, reach ranges, level of strength 
and stamina, or other characteristics of children, thus rendering 
such a facility more usable by children. Facilities constructed that 
do not reflect children's characteristics are not covered by section 
15.
    Section 15 also specifies that accessible elements and spaces 
constructed according to children's dimensions and anthropometrics 
shall be on an accessible route complying with 4.3, 15.3, and 15.4. 
Additional routes serving the children's area are not subject to the 
requirements in this section. Accessible routes subject to this 
section must comply with the requirements for protruding objects 
(15.3) and handrails at ramps and stairs (15.4). For example, a 
children's area may be located in a portion of a community center 
and may have elements and features constructed according to 
children's dimensions and anthropometrics, such as storage units, 
toilets, or lavatories. Where the accessible route serving the 
children's area includes a ramp, additional handrails for children 
must be provided. Additionally, objects along this accessible route 
that project from walls must comply with the requirements for 
protruding objects in 15.3. An accessible route complying with this 
section shall also be provided where individual elements are 
positioned at heights or locations based on children's sizes and 
dimensions, such as a drinking fountain in a shopping mall.
    A15.6.2  Placement. The requirements for water closets, toilet 
seats, grab bars, and toilet paper dispensers in 15.6 reflect the 
differences in the size, stature, and reach ranges of children ages 
2 through 12. Section 15.6.2 requires such elements to comply with 
the specifications in A, B, or C in the table provided. A, B, and C 
correspond to three age groups of children: 2 through 4, 5 through 
8, and 9 through 12, respectively. To permit design discretion where 
toilet rooms may serve more than one age group, or where the age 
group of users does not correspond to the specific age groups listed 
in the table, this section specifies that selection of A, B, or C 
``should'' correspond to the age of the primary user group. (See 3.4 
General Terminology, regarding use of the term ``should.'')
    The application of the specifications in A, B, or C in the table 
may allow flexibility when designing for more than one age group. 
For example, a water closet with centerline at 12 in (305 mm), 
toilet seat at 12 in (305 mm), grab bars at 20 in (510 mm), and 
dispenser at 14 in (355 mm) above the finish floor may be 
appropriate for A (ages 2 through 4) and B (ages 5 through 8). 
Similarly, a water closet with centerline at 15 in (380 mm), toilet 
seat at 15 in (380 mm), grab bars at 25 in (635 mm), and dispenser 
at 17 in (430 mm) above the finish floor may be appropriate for B 
(ages 5 through 8) and C (ages 9 through 12). Multiple accessible 
fixtures are not required in toilet rooms serving more than one age 
group.

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

Adoption of Proposed Common Rule

    The agency specific proposals to adopt the proposed common rule, 
which appears at the end of the common preamble, are set forth below.

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 38

List of Subjects in 28 CFR Part 38

    Buildings and facilities, Civil rights, Individuals with 
disabilities, Intergovernmental relations.

[[Page 37977]]

Authority and Issuance

    By the authority vested in me as Attorney General by 28 U.S.C. 509, 
510; 5 U.S.C. 301; and 42 U.S.C. 12134, 12186, and for the reasons set 
forth in the common preamble, part 38 (originally proposed as part 37) 
of chapter I of title 28 of the Code of Federal Regulations, as 
proposed to be added at 59 FR 31816, June 20, 1994, is further proposed 
to be amended as set forth below:

PART 38--NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND 
LOCAL GOVERNMENT SERVICES AND BY PUBLIC ACCOMMODATIONS AND IN 
COMMERCIAL FACILITIES

    1. The authority citation for 28 CFR part 38 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 
12186.

    2. Appendix A to part 38 is amended as set forth at the end of the 
common preamble.

    Dated: July 9, 1996.
Janet Reno,
Attorney General.

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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1191

List of Subjects in 36 CFR Part 1191

    Buildings and facilities, Civil rights, Individuals with 
disabilities.

Authority and Issuance

    For the reasons set forth in the common preamble, part 1191 of 
title 36 of the Code of Federal Regulations is proposed to be amended 
as follows:

PART 1191--AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY 
GUIDELINES FOR BUILDINGS AND FACILITIES

    1. The authority citation for 36 CFR part 1191 continues to read as 
follows:

    Authority: 42 U.S.C. 12204.

    2. Appendix A to part 1191 is amended as set forth at the end of 
the common preamble.

    Authorized by vote of the Access Board on December 22, 1994.
Judith E. Heumann,
Chair, Architectural and Transportation Barriers Compliance Board.
[FR Doc. 96-18138 Filed 7-19-96; 8:45 am]
BILLING CODE 4410-01-P & 8150-01-P

Complete official Federal Register PDF

FR Doc. 96-18041 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37875-37876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18041]

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

ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 300

[FRL-5539-8]

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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the St. Augusta Landfill/Engen Dump 
from the National Priorities List; request for comments.

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

SUMMARY: The United States Environmental Protection Agency (U.S. EPA) 
Region V announces its intent to delete the St. Augusta Landfill/Engen 
Dump Site from the National Priorities List (NPL) and requests public 
comment on this action. The NPL constitutes Appendix B of 40 CFR part 
300 which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which U.S. EPA promulgated pursuant to section 
105 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA) as amended. This action is being taken 
by U.S. EPA, because it has been determined that all Fund-financed 
responses under CERCLA have been implemented and U.S. EPA, in 
consultation with the State of Minnesota, has determined that no 
further response is appropriate. Moreover, U.S. EPA and the State have 
determined that remedial activities conducted at the Site to date have 
been protective of public health, welfare, and the environment.

DATES: Comments concerning the proposed deletion of the Site from the 
NPL may be submitted on or before August 21, 1996.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial 
Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. Jackson 
Blvd. (SR-6J), Chicago, IL 60604. Comprehensive information on the site 
is available at U.S. EPA's Region V office and at the local information 
repository located at: Minnesota Pollution Control Agency, 520 
Lafayette RD., St. Paul, MN 55155-4194. Requests for comprehensive 
copies of documents should be directed formally to the Region V Docket 
Office. The address and phone number for the Regional Docket Officer is 
Jan Pfundheller (H-7J), U.S. EPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Gladys Beard (SR-6J), Associate 
Remedial Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Susan Pastor (P-
19J), Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 353-1325.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region V announces 
its intent to delete the St. Augusta/Engen Dump Site from the National 
Priorities List (NPL), which constitutes Appendix B of the National Oil 
and Hazardous

[[Page 37876]]

Substances Pollution Contingency Plan (NCP), and requests comments on 
the proposed deletion. The EPA identifies sites that appear to present 
a significant risk to public health, welfare or the environment, and 
maintains the NPL as the list of those sites. Sites on the NPL may be 
the subject of remedial actions financed by the Hazardous Substance 
Superfund Response Trust Fund (Fund). Pursuant to section 300.425(e)(3) 
of the NCP, any site deleted from the NPL remains eligible for Fund-
financed remedial actions if the conditions at the site warrant such 
action.
    The U.S. EPA will accept comments on this proposal for thirty (30) 
days after publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the history of this site and explains 
how the site meets the deletion criteria.
    Deletion of sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Furthermore, deletion 
from the NPL does not in any way alter U.S. EPA's right to take 
enforcement actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist in Agency management.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the Agency uses to delete 
Sites from the NPL. In accordance with 40 CFR 300.425(e), sites may be 
deleted from the NPL where no further response is appropriate. In 
making this determination, U.S. EPA will consider, in consultation with 
the State, whether any of the following criteria have been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required; or
    (ii) All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (iii) The Remedial investigation has shown that the release poses 
no significant threat to public health or the environment and, 
therefore, remedial measures are not appropriate.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
300.425(e) has been met, U.S. EPA may formally begin deletion 
procedures once the State has concurred. This Federal Register notice, 
and a concurrent notice in the local newspaper in the vicinity of the 
Site, announce the initiation of a 30-day comment period. The public is 
asked to comment on U.S. EPA's intention to delete the Site from the 
NPL. All critical documents needed to evaluate U.S. EPA's decision are 
included in the information repository and the deletion docket.
    Upon completion of the public comment period, if necessary, the 
U.S. EPA Regional Office will prepare a Responsiveness Summary to 
evaluate and address comments that were received. The public is welcome 
to contact the U.S. EPA Region V Office to obtain a copy of this 
responsiveness summary, if one is prepared. If U.S. EPA then determines 
the deletion from the NPL is appropriate, final notice of deletion will 
be published in the Federal Register.

IV. Basis for Intended Site Deletion

    The St. August Landfill/Engen Dump is located in the northeast 
quarter of Section 12, T123N, R28W, and the northwest quarter 7, T123N, 
R27W of St. Augusta Township, Stearns County, Minnesota. The site is 
bounded by the Mississippi River on the northeast, Johnson Creek on the 
southeast, Interstate Highway 94 on the west, and privately owned land 
to the south and the north.
    The Engen Dump consists of two areas approximately 11 acres and 8 
acres in size. The St. Augusta Landfill is approximately 16 acres in 
size. A borrow pit that was used to provide cover material for the St. 
Augusta Landfill is located on the northern side of the landfill.
    Landfilling operations were conducted at the dump and landfill 
between 1966 and 1982. The site was the primary waste disposal site for 
the St. Cloud area during this time. The Engen Dump began to receive 
municipal, commercial, and industrial wastes in 1966. The industrial 
wastes disposed of at the dump consisted of ground glass, solids and 
sledges, paper pulp waste, ash, and small amounts of cutting oils, 
coolants, solvents, paints, and cleaning compounds. The dump was phased 
out of operation between 1971 and 1972 and portions of the dump were 
covered with on-site soils.
    In June of 1985, the site was given a score of 34 under the 
Superfund program hazard ranking system score. The site was proposed 
for the Federal National Priorities (NPL) on September 8, 1985. The 
listing was finalized in July 22, 1987, 52 FR 140.
    A September 1992 Groundwater Operable Unit Remedial Investigation/
Feasibility Study (RI/FS) was prepared to fulfill the requirements of 
the Request for Response Action (RFRA) issued by the Minnesota 
Pollution Control Agency (MPCA) in 1993. The recommended remedial 
action under the RFRA for addressing site contamination was no further 
action. A no further response action was chosen for the Site because a 
Closure Plan was prepared and executed for the landfill as part of the 
Solid Waste Disposal Facility Permit (SW-35) issued by MPCA. No final 
Record of Decision (ROD) was issued on the Site.
    In 1994, the Legislature of the State of Minnesota enacted the 
Landfill Cleanup Law, Minn. Laws 1994, ch. 639, codified at Minn. Stat. 
Sec. Sec. 115B.39 to 115B.46 (the Act), authorizing the Commissioner of 
the Minnesota Pollution Control Agency (MPCA) to assume responsibility 
for future environmental response actions at qualified landfills that 
have received notices of compliance from the Commissioner of MPCA. 
Additionally, the Act established funds to enable the MPCA to perform 
all necessary response, operation and maintenance at such landfills. At 
sites where no responsible parties are conducting response actions 
under CERCLA, MPCA is responsible for issuing a notice of compliance, 
after it determines that all work that could be expected under a state 
order or under state closure requirements, has been completed.
    A notice of compliance was issued by MPCA for the St. August 
Landfill/Engen Dump Site on May 8, 1995. MPCA has since assumed all 
responsibility for the St. August Landfill/Engen Dump under the Act. 
Therefore, no further response actions under CERCLA are appropriate at 
this time. Consequently, U.S. EPA proposes to delete the site from the 
NPL.
    EPA, with concurrence from the State of Minnesota, has determined 
that all appropriate Fund-financed responses under CERCLA at the St. 
August Landfill/Engen Dump Superfund Site have been completed , and no 
further CERCLA response is appropriate in order to provide protection 
of human health and environment. Therefore, EPA proposes to delete the 
site from the NPL.

    Dated: June 17, 1996.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-18041 Filed 7-19-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-17991 Environmental Analysis of Army Actions
[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37865-37875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17991]

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

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 651

Environmental Analysis of Army Actions

AGENCY: Department of the Army; Defense.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would revise Army Regulation 200-2, which 
is the Army's implementing regulation for the National Environmental 
Policy Act of 1969 (NEPA). Major changes are an expanded list of 
categorical exclusions, clear separation of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) and 
NEPA, and delegation of authority to approve environmental impact 
statements (EIS).

DATES: To be given full consideration, comments must be received no 
later than August 21, 1996.

ADDRESSES: Written comments should be sent to: Headquarters, Department 
of the Army, ATTN: DAIM-ED (Mr. Timothy Julius), 600 Army Pentagon, 
Washington, DC 20310-0600.

FOR FURTHER INFORMATION CONTACT: Timothy P. Julius, (703) 693-0543.

SUPPLEMENTARY INFORMATION: This proposed regulation establishes 
policies and responsibilities for assessing the effects of Army 
actions. It supplements Council on Environmental Quality (CEQ) 
regulations for implementing the procedural provisions of NEPA (40 CFR 
parts 1500-1508). The last major revision to this regulation was in 
December 1988. Since that time, initiatives such as the National 
Performance Review have tended to streamline the Federal Government 
through decentralization, reduction and simplification of regulations, 
and management of risk. This revision strives to meet the spirit of the 
National Performance Review, and Executive Order (EO) 12861, 
Elimination of One-Half of Executive Branch Internal Regulations, dated 
September 11, 1993. This proposed regulation incorporates emerging 
issues such as Environmental Justice (EO 12898, Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations, dated February 11, 1994) and Community Right-to-Know (EO 
12856, Federal Compliance with Right-to-Know Laws and Pollution 
Prevention Requirements, dated August 3, 1993). The list of categorical 
exclusions has been expanded to include a more comprehensive array of 
actions routinely performed by the Army which have minimal or no 
individual or cumulative effect on environmental quality. This is 
intended to better focus on actions that warrant the expenditure of 
time and resources for analysis and formal documentation. The authority 
to approve environmental impact statements has been delegated to 
Commanders of Major Commands (primarily for Installations), and Program 
Executive Officers and Commanders of Major Subordinate Commands with 
Milestone Decision Authority (for acquisition and development 
programs). The purpose of delegation of approval authority for EISs is 
to empower the officials who are responsible for accomplishing the 
work. This empowerment will compel the decision makers to take more 
complete ownership of their actions, and makes the NEPA process an 
integral, rational part of Army decision making processes. CERCLA and 
NEPA are clearly separated in recognition of the Department of 
Justice's opinion with regard to the application of NEPA to CERCLA 
cleanups, and to eliminate potential duplication of effort. Procedural 
Requirements: This regulation does not involve the collection of 
information and is therefore not subject to the provisions of the 
Paperwork Reduction Act. This rule contains no policies that have 
Federalism implications under EO 12612, Federalism, dated October 26, 
1987. This proposed rule is not a major rule pursuant to EO 12291, 
Federal Regulation, dated February 17, 1981, therefore a Regulatory 
Flexibility Analysis is not require(d) This is not a significant 
regulatory action pursuant to EO 12866, Regulatory Planning and Review, 
dated September 30, 1993. This regulation meets the standards of Sec. 
2(b)(2) of EO 12778, Civil Justice Reform, dated October 23, 1991.

List of Subjects in 32 CFR Part 651

    Environmental impact statement, Environmental protection, Natural 
resources.

[[Page 37866]]

The Proposal

    Accordingly, it is proposed to revise 32 CFR part 651 to read as 
follows:

PART 651-ENVIRONMENTAL EFFECTS OF ARMY ACTIONS (AR 200-2)

Sec.

Subpart A--Introduction

651.1  Applicability.
651.2  Purpose.
651.3  Definitions.
651.4  Responsibilities.
651.5  Policies.

Subpart B-National Environmental Policy Act of 1969 (NEPA) and the 
Decision Processes

651.6  Introduction.
651.7  Actions Requiring Evaluation.
651.8  Exemptions, Exceptions, and Emergency Procedures.
651.9  Integration with Army Planning.
651.10  Classified Actions.

Subpart C-Required Records and Documents

651.11  Environmental Assessment (EA).
651.12  Finding of No Significant Impact (FONSI).
651.13  Notice of Intent (NOI).
651.14  Environmental Impact Statement (EIS).
651.15  Record of Decision (ROD).
651.16  Notice of Availability (NOA).
651.17  Notice of Availability of Weekly Receipts of EISs (NWR).
651.18  Record of Environmental Consideration (REC).

Part D--Categorical Exclusions (CXs)

651.19  General.
651.20  Determining when to use a CX.
651.21  List of Categorical Exclusions (CXs).

Part E--Environmental Assessment (EAs)

651.22  Conditions and Actions Normally Requiring an EA.
651.23  EA Format.
651.24  Finding of No Significant Impact (FONSI).
651.25  Review and Approval of EAs and FONSIs.
651.26  Public Involvement.
651.27  Mitigation and Implementation Plan.

Part F--Environmental Impact Statements (EISs)

651.28  Introduction.
651.29  Conditions Requiring an EIS.
651.30  Actions Normally Requiring an EIS.
651.31  EIS Format.
651.32  Approval Authority.
651.33  Notice of Intent (NOI).
651.34  Scoping.
651.35  Preparation and Processing of the Draft Environment Impact 
Statement (DEIS).
651.36  Public Review of the DEIS.
651.37  Preparation of the Final Environmental Impact Statement 
(FEIS).
651.38  Decision.
651.39  Supplemental EISs (SEISs).
651.40  The Army as a Cooperating Agency.

    Authority: National Environmental Policy Act of 1969 (NEPA), 42 
U.S.C. 4321 et seq. Council on Environmental Quality Regulations, 40 
CFR part 1500-1508, 43 FR 55978-56007, November 29, 1978, as amended 
at 51 FR 15625, April 25, 1986, and Executive Orders 11988, 11990, 
12114, 12856, 12898.

Subpart A--Introduction

Sec. 651.1  Applicability.

    This regulation applies to pertinent functions of the Active Army 
and Army Reserve, to functions of the Army National Guard (ARNG) 
involving Federal funding, and to functions for which the Army is the 
DoD executive agent. It does not apply to Civil Works functions. This 
regulation applies to relevant actions within the United States, which 
is defined as all States, the District of Columbia, territories, and 
possessions of the United States; and all waters and airspace subject 
to the territorial jurisdiction of the United States. The territories 
and possessions of the United States include the Virgin Islands, 
American Samoa, Wake Island, Midway Island, Guam, Palmyra Island, 
Johnston Atoll, Navassa Island, and Kingman Reef. This regulation also 
applies to actions in the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Marianas, and the Republic of the Marshall Islands.

Sec. 651.2  Purpose.

    (a) Environmental Analysis of Army Actions is the Army's 
implementing regulation for the National Environmental Policy Act of 
1969 (NEPA). This regulation sets forth the Army's policies and 
responsibilities for the early integration of environmental 
considerations into Army planning and decision making processes.
    (b) This regulation establishes criteria to determine which Army 
actions normally require preparation of an Environmental Assessment 
(EA) or an Environmental Impact Statement (EIS), and lists Army actions 
that are categorically excluded from the requirements to prepare an EA 
or EIS.
    (c) This regulation supplements the Code of Federal Regulations (40 
CFR parts 1500-1508), and must be read in conjunction with it.

Sec. 651.3  Definitions.

    (a) Proponent. The proponent is the Army office, DoD or non-DoD 
Federal agency, state or local agency, organization, or individual that 
proposes an action requiring Army approval.
    (b) Decision maker. The decision maker is the Army official who has 
the primary authority to approve NEPA documents, make decisions, and 
commit government resources to a course of action.
    (c) Program, Product, and Project Managers. Managers of Acquisition 
Categories (ACAT) I, II, III, & IV programs as defined by Department of 
Defense Instruction (DoDI) 5000.2.
    (d) Major Decision Point. Review points in the development of a 
project/program at which decisions are made whether to proceed. For the 
acquisition process, these would be the major milestones as defined in 
DoD Instruction 5000.2.

Sec. 651.4  Responsibilities.

    (a) The Secretary of the Army (SA) has designated the Assistant 
Secretary of the Army (Installations, Logistics and Environment) 
(ASA(IL&E)) as the Army's responsible official for NEPA matters.
    (b) The Assistant Secretary of the Army (Research, Development, and 
Acquisition) will:
    (1) In conjunction with the Assistant Secretary of the Army 
(Installations, Logistics, and Environment), manage the environmental 
compliance of materiel systems.
    (2) Develop and implement a process to prepare, review, approve, 
and catalog NEPA documents for the acquisition and development of Army 
materiel.
    (c) The Deputy Chief of Staff for Operations and Plans (DCSOPS) 
will assign proponent responsibilities as required when multiple MACOM 
or Headquarters offices are involved in a proposal.
    (d) The Assistant Chief of Staff for Installation Management 
(ACSIM) is responsible for coordinating and monitoring NEPA activities 
within the Army. The Environmental Programs Directorate is the Army 
Staff (ARSTAF) point of contact (POC) for environmental matters.
    (e) The Director of Environmental Programs will--
    (1) Assist Army agencies in completing environmental analysis and 
documentation.
    (2) Review, as requested, environmental documents submitted by 
Army, other DoD components, and other Federal agencies.
    (3) Monitor proposed Army policy and program documents that have 
environmental implications to determine compliance with NEPA 
requirements and to ensure integration of environmental considerations 
into the decision making process.
    (4) Maintain liaison with the Office of the Secretary of Defense, 
Office of Management and Budget, Council on

[[Page 37867]]

Environmental Quality (CEQ), Environmental Protection Agency (EPA), and 
other Federal, state, and local agencies on environmental policies that 
may affect the Army. This liaison assists in identifying and evaluating 
applicable regulatory policies for proposed actions.
    (f) The Assistant Secretary of the Army (Financial Management) will 
develop requirements for environmental budget exhibits and displays of 
data in support of annual authorization and appropriation requests.
    (g) The General Counsel (GC) provides legal advice to the Secretary 
of the Army on all environmental matters, to include interpretation and 
compliance with NEPA and implementing regulations.
    (h) The Judge Advocate General (TJAG) will provide legal advice and 
assistance in interpretation of NEPA and Federal implementing 
regulations, and other applicable statutes.
    (i) The Surgeon General will review, as requested, the health and 
welfare aspects of proposals.
    (j) The Chief of Public Affairs will:
    (1) Provide guidance on issuing public announcements such as 
Findings of No Significant Impact (FONSI), Notices of Intent (NOI), 
scoping procedures, Notices of Availability (NOA), and other public 
involvement activities.
    (2) Review and coordinate planned announcements on actions of 
national interest with appropriate ARSTAF elements and the Assistant 
Secretary of Defense for Public Affairs (OASD (PA)).
    (3) Assist in the issuance of appropriate press releases to 
coincide with the publication of notices in the Federal Register.
    (k) The Chief of Legislative Liaison will notify members of 
Congress of impending proposed actions of national concern or interest. 
The Chief will--
    (1) Provide guidance on issuing congressional notifications on 
actions of national concern or interest.
    (2) Review planned congressional notifications on actions of 
national concern or interest.
    (3) Prior to and in concert with the issuance of press releases and 
publications in the Federal Register, assist in the issuance of 
congressional notifications on actions of national concern or interest.
    (l) Commanders of Major Army Commands (MACOM), the Chief, National 
Guard Bureau, and the U.S. Army Reserve Commander will--
    (1) Monitor proposed actions and programs within their commands to 
ensure compliance with this regulation.
    (2) Task the appropriate proponent with funding and preparation of 
NEPA documents and development of public involvement activities.
    (3) Ensure that the proponent initiates the preparation of 
necessary environmental documentation and assesses the environmental 
consequences of proposed programs and projects early in the planning 
process.
    (4) Assist in the review of environmental documents prepared by DoD 
and other Army or Federal agencies, as requested.
    (5) Establish and maintain the capability (personnel and other 
resources) to comply with the requirements of this regulation.
    (6) Maintain official record copies of all environmental documents 
for which they are the staff proponent.
    (7) Provide coordination with HQDA for proposed actions of national 
interest.
    (8) Approve environmental impact statements and associated 
documents (NOI, NOA, ROD) for actions under their purview.
    (9) Office of the Chief of the National Guard Bureau is responsible 
for approving all Federal environmental documents prepared by all Army 
National Guard activities.
    (m) Major Subordinate Commands, Installations (Base Operations 
(BASEOPS) Army Reserve Command (ARCOM), activity (facility), unit (non-
BASEOPS Major U.S. Army Reserve Command (MUSARC) commanders and The 
Adjutants General (TAG) will:
    (1) Monitor proposed actions and programs within their commands to 
ensure compliance with this regulation.
    (2) Task the appropriate proponent with funding and preparation of 
NEPA documents and development of public involvement activities.
    (3) Ensure that the proponent initiates the preparation of 
necessary environmental documentation and assesses the environmental 
consequences of proposed programs and projects early in the planning 
process.
    (4) Assist in the review of environmental documents prepared by DoD 
and other Army or Federal agencies, as requested.
    (5) Establish and maintain the capability (personnel and other 
resources) to comply with the requirements of this regulation.
    (6) Maintain official record copies of all environmental documents 
for which they are the staff proponent.
    (7) Provide coordination for proposed actions of national interest.
    (8) Approve environmental documents for actions under their purview 
(does not include TAG).
    (n) The Army Acquisition Executive (AAE) will:
    (1) Administer acquisition programs to ensure compliance with all 
applicable environmental laws, executive orders, and regulations.
    (2) Ensure that life cycle environmental costs are an integral part 
of system life cycle cost estimates.
    (o) Program Executive Officers (PEO) and direct-reporting PMs will:
    (1) Supervise assigned programs, projects, and products to ensure 
that they comply with all applicable environmental laws, executive 
orders, and regulations.
    (2) Ensure that environmental considerations are integrated into 
assigned systems planning process and systems engineering process.
    (3) Approve environmental impact statements and associated 
documents (NOI, NOA, ROD) for actions under their purview.
    (p) Program, Project, and Product Managers will:
    (1) Manage compliance with all applicable environmental laws, 
executive orders, and regulations for assigned programs, projects, and 
products.
    (2) Integrate environmental considerations into the systems 
planning process and systems engineering process.
    (3) Apply policies and procedures set forth in this regulation to 
programs and actions within their organizations and staff 
responsibility.
    (4) Initiate the preparation of environmental documentation and 
assess the environmental consequences of proposed programs and 
projects.
    (5) Establish and maintain the capability (personnel and other 
resources) to comply with the requirements of this regulation.
    (6) Prepare and maintain the official record copy of all 
environmental documents for which they are the proponent.
    (q) Proponents at all levels will:
    (1) Ensure that NEPA documents are prepared and staffed to the 
satisfaction of the decision maker.
    (2) Ensure accuracy and adequacy of environmental impact analyses 
and documents regardless of the author.
    (3) Adequately fund and implement the decision.

Sec. 651.5  Policies

    (a) DA policy is to balance military mission activities, including 
materials and industrial processes, with the capabilities of the 
installations and surrounding communities. Decision makers will be 
cognizant of the impact of their decisions upon the environment, and 
will reduce undue and unnecessary adverse impacts to the extent 
feasible.
    (b) When appropriate, environmental documentation to consider 
operations

[[Page 37868]]

security principles and procedures described in AR 530-1 will be 
reviewed and documented on the cover sheet or signature page.
    (c) Environmental analyses and associated investigations are 
advanced project planning, and will be funded from other than military 
construction (MILCON) funds. Operations and Maintenance/Operation and 
Maintenance, ARNG (OMA/OMAR), Research, Development, Test, and 
Evaluation (RDTE) or other operating funds are the proper sources of 
funds for analysis and documentation. Alternative funds will be 
identified for environmental documentation, monitoring, and other 
required studies as part of the MILCON approval process.
    (d) Costs of design and construction mitigation measures required 
as a direct result of MILCON projects will be paid from MILCON funds if 
included in the cost estimate and description of work on DD Form 1391.
    (e) Ongoing Army activities require an environmental analysis when 
significant new circumstances warrant consideration of changing the 
activity. For example, the listing of a new species as endangered may 
indicate, per consultation under the Endangered Species Act, the 
modification of a training regime or major modification of an existing 
weapons system.
    (f) Environmental analyses will reflect due consideration of non-
statutory environmental issues implemented by Federal and DoD plans and 
standards. Potential issues will be discussed and critically evaluated 
during scoping and other public involvement processes. Some examples 
are the issues articulated in Executive Order 12898, Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations; and Executive Order 12856, Federal Compliance with Right-
to-Know Laws and Pollution Prevention Requirements.
    (g) Consideration of the environment for decisions involving 
activities outside the United States (see Applicability) will be 
accomplished pursuant to Executive Order No. 12114, host country final 
governing standards, and DoD Directives and Instructions.

Subpart B--The National Environmental Policy Act of 1969 (NEPA) and 
Decision Processes

Sec. 651.6  Introduction.

    (a) NEPA establishes broad Federal policies and goals for the 
protection of the environment. Section 102(2) contains procedural 
requirements directed toward the attainment of such goals.
    (b) The NEPA process is the systematic examination of probable 
environmental consequences of implementing a proposed action and 
reasonable alternatives. To be effective, integration of the NEPA 
process with other Army project planning will occur at the earliest 
possible time to ensure that:
    (1) Planning and decision making reflect environmental values.
    (2) Policies listed in paragraph 1-5 are implemented.
    (3) Delays and potential conflicts in the process are minimized.
    (4) Evaluation of environmental effects, values and issues is in 
sufficient detail for consideration concurrently with economic, 
technical, and mission-related analyses. When EISs are undertaken, the 
economic and social impacts will be included in the analysis of total 
environmental impacts. However, economic and social impacts alone 
(i.e., without accompanying natural or physical impacts) do not 
necessitate the preparation of an environmental document for an Army 
action.

Sec. 651.7  Actions requiring evaluation.

    The general types of proposed actions to evaluate for environmental 
impact include:
    (a) Management and operational concepts and programs, including 
such areas as logistics, research, development, test and evaluation, 
procurement, and real property and facility management.
    (b) Projects, including facilities construction, research and 
development for weapons, vehicles, and other equipment or activities.
    (c) Operations, including individual and unit training, flight 
operations, overall operation of installation, or facility test and 
evaluation programs.
    (d) Licenses for operations or special material use, including 
Nuclear Regulatory Commission (NRC) license, an Army radiation 
authorization, or Federal Aviation Administration (FAA) Air Space 
request.
    (e) Materiel development, acquisition, and/or transition.
    (f) Research and development, including such areas as genetic 
engineering, laser testing, and electromagnetic pulse generation.
    (g) Actions supported through Federal contracts, grants, subsidies, 
loans, or other forms of funding such as Government Owned-Contractor 
Operated (GOCO) industrial plants and construction of family housing 
via third party contracting (Section 801/802 Housing, Military 
Appropriations Act of 1984).
    (h) Leases, easements, permits, licenses, certificates, or other 
entitlement for use.
    (i) Environmental Remediation/Restoration projects not addressed in 
paragraph 2-3(b) below.

Sec. 651.8  Exemptions, exceptions, and emergency procedures.

    (a) Exemption by Law. The law must apply to DoD and/or Army and 
must prohibit, exempt, or make impossible full compliance with the 
procedures of NEPA (40 CFR 1500.6).
    (b) Environmental Remediation/Restoration projects implemented in 
accordance with the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) shall not be assessed under NEPA.
    (c) Emergencies.
    (1) In the event of an emergency, the Army may be required to take 
immediate actions that have environmental impacts. These immediate 
actions are necessary to promote national defense or security, or to 
protect life or property. In such cases, the HQDA proponent will notify 
the Environmental Programs Directorate, which in turn will notify the 
Assistant Secretary of the Army for Installations, Logistics and 
Environment (ASA (I,L&E)), who will coordinate with the Deputy Under 
Secretary of Defense (Environmental Security) (DUSD(ES)) and CEQ 
regarding actions necessary to control the immediate effects of the 
emergency. In no event will the Army delay an emergency action 
necessary for national defense, security, or preservation of human life 
or property to comply with this regulation or the CEQ Regulations. 
Call-ups of the ARNG during state emergencies are state actions 
excluded from the requirements of this regulation.
    (2) These notifications and consultations apply only to actions 
necessary to control immediate effects of the emergency; other actions 
remain subject to NEPA review (40 CFR 1506.11).

Sec. 651.9  Integration with Army Planning.

    (a) Environmental considerations will be integrated into the Army's 
decision making processes to ensure that:
    (1) The planning process identifies major decision points for 
principal programs and proposals that are likely to have an effect on 
the environment.
    (2) Decision makers are informed of and consider the environmental 
consequences at the same time as other factors such as mission 
requirements and cost.

[[Page 37869]]

    (3) Environmental documents accompany the proposal through the 
existing Army review and decision making processes. The Army will 
integrate NEPA requirements with other planning and environmental 
review procedures.
    (4) The alternatives considered in the decision are within the 
range of alternatives analyzed in relevant environmental documents.
    (b) Proponents are responsible for providing funds for NEPA 
documentation, and for implementation of decisions including 
mitigations (regardless of the level of NEPA analysis).
    (c) The Army acquisition community will integrate environmental 
analyses into its decision making process and will further ensure that 
appropriate environmental life cycle costs become an integral part of 
total program cost estimates and budgets. PEOs, and Program, Product, 
and Project Managers will integrate the NEPA process along with other 
program planning at the earliest possible time to ensure that 
acquisition planning and decisions reflect environmental values and 
considerations. During the planning process, materiel acquisition 
proponents will, as early as possible, determine the type of 
environmental analyses that will be required throughout the life cycle 
of their assigned program and identify appropriate funding.

Sec. 651.10  Classified actions.

    (a) For proposed actions and environmental documents involving 
classified information, AR 380-5 will be followed.
    (b) Classification does not relieve a proponent of the requirement 
to assess and document the environmental effects of a proposed action.
    (c) For cases where classified information can be reasonably 
separated from other information, and a meaningful environmental 
analysis produced, unclassified documents will be prepared and 
processed in accordance with this regulation. Classified portions will 
be kept separate and provided to reviewers and decision makers in 
accordance with AR 380-5.
    (d) For cases where classified information is such an integral part 
of the analysis of a proposal that a meaningful unclassified 
environmental document cannot be produced, the proponent, in 
consultation with the appropriate security and environmental offices, 
will form a team to review classified environmental documents.

Subpart C--Army NEPA and NEPA-Related Documents

Sec. 651.11  Environmental Assessment (EA).

    The EA provides the proponent, the public, and the decision maker 
with sufficient evidence and analysis for determining whether 
environmental impacts are significant. The EA ensures compliance with 
NEPA when an environmental impact statement (EIS) is not required and a 
categorical exclusion (CX) is inappropriate, and facilitates 
preparation of an EIS if required.

Sec. 651.12  Finding of No Significant Impact (FONSI).

    The FONSI is a decision document that briefly states why an action 
will not significantly affect the environment, and that an EIS will not 
be prepare(d). The FONSI includes a summary of the EA and notes any 
related environmental documents. If the EA is attached, the FONSI need 
not repeat any of the EA discussion, but may incorporate it by 
reference.

Sec. 651.13  Notice of Intent (NOI).

    The NOI is a notice published by the Army in the Federal Register 
to inform the public that an EIS will be prepare(d). An NOI may also be 
prepared for environmental assessments involving actions of national 
interest.

Sec. 651.14  Environmental Impact Statement (EIS).

    The EIS is a public document designed to ensure that NEPA policies 
and goals are incorporated early into the programs and actions of 
Federal agencies. An EIS is intended to provide a full, open, and 
balanced discussion of significant environmental impacts. Along with 
other project documentation, the EIS provides a basis for informed 
decision making.

Sec. 651.15  Record of Decision (ROD).

    The ROD is a concise public record of the decision and rationale 
following completion of an EIS.

Sec. 651.16  Notice of Availability (NOA).

    The NOA is a notice published by the Army in the Federal Register 
to inform the public that an environmental document is available for 
review. An NOA may be published for draft and final EISs (including 
supplements), and will be published for RODs with national interest. An 
NOA will also be published for environmental assessments of national 
interest. This agency NOA should not be confused with EPA's notice of 
availability of weekly receipts of EISs (NWR).

Sec. 651.17  Notice of Availability of Weekly Receipts of EISs (NWR).

    This notice is published by the EPA and officially begins the 
public review periods. The NWR is published each Friday, and lists the 
EISs that were filed the previous week.

Sec. 651.18  Record of Environmental Consideration (REC).

    A REC briefly describes the proposed action, identifies the 
proponent and approving officials(s), and records the analysis for the 
use of categorical exclusions (CX) that require such documentation. 
There is no required format of a REC as long as the information above 
is included.

Subpart D--Categorical Exclusions (CXs)

Sec. 651.19  General.

    (a) Categorical exclusions are categories of actions with no 
significant individual or cumulative effect on the human environment, 
and for which neither an EA nor EIS is require(d). The use of a CX is 
intended to reduce paperwork and eliminate delays in the initiation and 
completion of proposed actions.
    (b) Army installations and materiel developers are required to 
prepare many types of management plans that should be environmentally 
assessed (e.g., capital investment strategy, historic preservation, 
natural resources etc.). In cases where activities are adequately 
assessed as part of these normal planning processes, CXs should be 
needed only infrequently to cover unanticipated proposals.

Sec. 651.20  Determining when to use a CX.

    (a) To use a CX, the proponent must:
    (1) Identify a CX (or multiple CXs) that encompasses the proposed 
action.
    (2) Ensure that the action has not been segmented to meet the 
definition of a CX. This means that the whole proposal must be 
considered (e.g., the operations of a construction project must be 
taken into account).
    (3) Apply the following screening criteria to determine if the 
action involves extraordinary circumstances which would preclude the 
use of a CX:
    (i) Potential to adversely effect public health, safety or the 
environment.
    (ii) Possible significant cumulative effects, direct or indirect.
    (iii) Impose uncertain or unique risks.
    (iv) Greater scope or size than is normal for this category of 
action.
    (v) Reportable releases of hazardous or toxic substances as 
specified by Section 102 of the Comprehensive Environmental Response 
Compensation and Liability Act (CERCLA).

[[Page 37870]]

    (vi) Discharges of petroleum, oils, and lubricants (POLs) or 
radioactive substances.
    (vii) Generation of noise which causes the existing C-weighted day-
night levels (CDNL) 62 dB or A-weighted day-night levels (ADNL) 65 dB 
noise contours to expand within or into noise sensitive land use areas. 
Generation of noise which increases the CDNL or ADNL in noise sensitive 
land uses by more than 1.5 dB.
    (viii) When air emissions exceed de minimis levels and a formal 
Clean Air Act conformity determination is required.
    (ix) Potential to violate any Federal, state, or local 
environmental law, regulation, or ordinance.
    (x) More than minor, or unresolved adverse effect on 
environmentally sensitive resources.
    (b) Environmentally sensitive resources include:
    (1) Federally listed candidate, threatened, or endangered species 
or their habitats;
    (2) Properties listed on or eligible for the National Register of 
Historic Places;
    (3) Areas having special designation or recognition such as prime 
or unique agricultural lands off Army property; coastal zones; 
designated wilderness or wilderness study areas; wild and scenic 
rivers; national landmarks; 100-year floodplains; wetlands; sole source 
aquifers which are potential sources of drinking water; refuges; parks; 
or other areas of high environmental sensitivity;
    (4) Sacred sites (IAW American Indian Religious Freedom Act).
    (c) The use of a CX does not relieve the proponent from compliance 
with other statutes, such as consultations under the Endangered Species 
Act or the National Historic Preservation Act. Such consultations may 
be required to determine the applicability of screening criteria.

Sec. 651.21  List of Categorical Exclusions (CXs).

    (a) For convenience only, the CXs are listed under common types of 
activities (e.g., administration/operation, construction/demolition, 
and repair and maintenance). Certain CXs require a REC, which will be 
completed and signed by the proponent. Concurrence on the use of a CX 
by the installation environmental coordinator (EC) or other appropriate 
EC (e.g., MSC or MACOM) is required. The list of CXs is subject to 
continual review and modification. Requests for additions or changes to 
the CXs should be sent to the Environmental Programs Directorate. 
Subordinate Army headquarters may not modify the CX list through 
supplements to this regulation. The proposed modifications to the list 
of CXs will be published in the Federal Register by HQDA to provide an 
opportunity for public comment.
    (b) Administration/Operation Activities:
    (1) Routine law and order activities performed by military/military 
police and physical plant protection and security personnel.
    (2) Preparing, revising, or adopting regulations, instructions, 
directives, and plans that implement, without substantial change, 
regulations, instructions, directives.
    (3) Routine operation of existing facilities and laboratories.
    (4) Normal fiscal, administrative, recreation and welfare 
activities.
    (5) Reductions in force and unit redesignations.
    (6) Routine activities of personnel and equipment in facilities 
which are compatible with the existing uses.
    (7) Deployment of military units on a temporary duty (TDY) or 
training basis where existing facilities are used for their intended 
purposes.
    (8) Administrative personnel-related studies.
    (9) Non-construction activities in support of other agencies/
organizations involving community participation projects and law 
enforcement activities.
    (10) Routine military ceremonies, funerals, and concerts. Special 
events such as State-funerals, to include flyovers.
    (11) Routine administrative reorganizations and consolidations.
    (12) Actions which fall under another Federal agency's list of 
categorical exclusions when the other Federal agency is the lead agency 
and the Army is the cooperating agency (REC required).
    (c) Construction and Demolition:
    (1) Construction of an addition to an existing structure or 
facility, and new construction which does not involve more than 5.0 
cumulative acres of new surface disturbance. New construction does not 
include facilities for the transportation, distribution, use, storage, 
treatment, and disposal of solid waste, medical waste, and hazardous 
waste (REC required).
    (2) Demolition and disposal of buildings, structures, or other 
improvements, or removal of part thereof for demolition and disposal in 
accordance with applicable regulations, including those regulations 
applying to removal of asbestos, polychlorinated biphenyls (PCBs), lead 
base paint, and other hazardous materials (REC required).
    (3) Road and trail construction that involves no more than 5.0 
acres of new surface disturbance.
    (d) Cultural and Natural Resource Management Activities:
    (1) Routine maintenance of timber stands, including tree removal 
and pruning.
    (2) Timber harvest activities which remove 250,000 board feet or 
less of merchantable wood products or salvage as a negotiated timber 
sale (REC required).
    (3) Land regeneration activities of native trees and vegetation, 
including site preparation (REC required).
    (4) Routine maintenance of streams (in accordance with U.S. Army 
Corps of Engineers' permit authority under Section 404 of the Clean 
Water Act and applicable state and local permits), and erosion control 
and storm water control structures in accordance with management plans.
    (5) Policy and control measures for pest control/removal in 
accordance with pest management plans (REC required).
    (6) Hunting and fishing policies or regulations that are consistent 
with State and local regulations.
    (7) Studies, data collection, and information gathering which does 
not involve major surface disturbance. Examples include topographic 
surveys, bird counts, wetland mapping, and other resources inventories.
    (8) Routine maintenance of fish and wildlife habitat.
    (9) Routine monitoring of fish and wildlife populations. Examples 
include radio collaring, gill netting and counts.
    (10) Reintroduction of endemic or native species (other than 
endangered or threatened species) into historic habitat (REC Required).
    (11) Maintenance of existing archaeological and historical 
avoidance markers, fencing, and signs.
    (12) Archaeological surveys, inventories, and minor field 
excavations.
    (e) Procurement and Contract Activities:
    (1) Routine procurement of goods and services, including routine 
utility services and contracts for services and goods.
    (2) Acquisition, installation, and operation of utility and 
communication systems, data processing cable and similar electronic 
equipment which use existing right-of-way, easement, distribution 
systems, and/or facilities (REC required).
    (3) Conversion of commercial activities under the provisions of 
Army Regulation 5-20.
    (4) Modification, product improvement, or configuration

[[Page 37871]]

engineering design change to materiel, structure or item that does not 
change the original impact of the materiel, structure or item on the 
environment (REC required).
    (5) Procurement, testing, use, and/or conversion of a commercial 
product (e.g., forklift, generator, chain saw, etc.) which does not 
meet the definition of a weapon system (Part 15, DoDI 5000.2), and does 
not result in any unusual disposal problem.
    (f) Real Estate Activities:
    (1) Grants, acquisitions, and renewal of easements for the use of 
existing rights-of-way for use by vehicles; electrical, telephone, and 
other transmission and communication lines; transmitter and relay 
facilities; water, wastewater, stormwater, irrigation pipelines, 
pumping stations, and facilities; and for similar public utility and 
transportation uses (REC required).
    (2) Grants, acquisitions, and renewal or termination of leases, 
licenses, agreements, and permits for use of real property for its 
intended uses. Examples include, but are not limited to the following: 
existing Army controlled property and Army leases of civilian property 
for its intended uses to include leases of classroom, office, or 
warehouse space leased by a unit for that purpose (REC required).
    (3) Disposal of excess easement areas to the underlying fee owner 
(REC required).
    (4) Transfer of real property to or from another military 
department, or other Federal agency if there is no intended or 
anticipated significant land use change (REC required).
    (5) Transfer of installation utilities to a commercial or 
governmental utility.
    (6) Acquisition and disposal of land not to exceed 40 acres; 
includes facilities on site (REC required).
    (7) Timber harvest activities which remove 250,000 board feet or 
less of merchantable wood products or salvage as part of an otherwise 
categorically excluded real estate transaction or other activity (REC 
required).
    (g) Repair and Maintenance Activities:
    (1) Routine repair and maintenance of buildings, airfields, 
grounds, equipment, and other facilities. Examples include, but are not 
limited to: Removal and disposal of asbestos-containing material (e.g., 
roof material and floor tile) or lead based paint, and repair of roofs, 
doors, windows, or fixtures.
    (2) Routine repairs and maintenance of roads, trails, and 
firebreaks. Examples include, but are not limited to: grading and 
clearing the roadside of brush with or without the use of herbicides; 
resurfacing a road to its original conditions; pruning vegetation and 
cleaning culverts; and minor soil stabilization activities.
    (h) Hazardous Materials/Hazardous Waste Management and Operations:
    (1) Use of gauging devices, analytical instruments, and other 
devices containing sealed radiological sources; industrial radiography; 
use of radioactive material in medical and veterinary practices; 
possession of radioactive material incident to performing services such 
as installation, maintenance, leak tests and calibration; use of 
uranium as shielding material in containers or devices; and use of 
radioactive tracers (REC required).
    (2) Emergency responses in accordance with emergency response plans 
(e.g., Spill Prevention Control and Countermeasure Plan (SPCC)/
Installation Spill Contingency Plan, and Chemical Accident and Incident 
Response Plan) as required by the regulatory agency responsible for 
release or discharge of oil or hazardous materials/substances; or 
emergency actions taken by Explosive Ordnance Demolition (EOD) 
detachment or Technical Escort Unit.
    (3) Sampling, surveying, well drilling and installation, analytical 
testing, site preparation, and intrusive testing to determine if 
hazardous wastes, contaminants, or pollutants are present.
    (4) Routine management to include transportation, distribution, 
use, storage, treatment, and disposal of solid waste, medical waste, 
hazardous waste and/or material that complies with EPA, Army, or other 
regulatory agency requirements. This CX is not applicable to new 
construction of such facilities.
    (5) Routine management of solid waste, hazardous waste, and/or 
material recycled, reclaimed, reused, or recovered in accordance with 
EPA or other applicable regulatory agency requirements. This CX is not 
applicable to major new construction.
    (6) Routine research, testing, and operations conducted at 
established laboratories, to include contractor-operated laboratories. 
This does not include laboratories constructed for Biosafety Level 3 or 
Biosafety Level 4.
    (7) Conduct and maintenance requirements for silver recovery, 
alternative sterilization systems, and alternatives for regulated 
medical waste treatment methodology (REC required).
    (8) Disposal of waste and facilities which require a state or 
Federal permit and specific disposal methods are dictated by the 
regulating agency (e.g., asbestos, PCBs, and underground storage 
tanks).
    (9) Reutilization, marketing, distribution, donation, and resale of 
items, equipment, or materiel; normal transfer of items to the Defense 
Logistics Agency. Items, equipment, or materiel that have been 
contaminated with hazardous materials will be adequately cleaned and 
will conform to the applicable regulatory agency's requirements.
    (i) Training and Testing
    (1) On-post simulated war games and other tactical and logistical 
exercises involving units of battalion size or smaller.
    (2) Training entirely of an administrative or classroom nature.
    (3) Intermittent on- and off-post training activities that involve 
no live fire or vehicles off established roads or trails. Uses include, 
but are not limited to: Land navigation, physical training, FAA 
approved aerial overflights, and small unit level training. (REC 
required for off-post activities).
    (4) Testing of materiel, including off-the-shelf materiel, on DA 
controlled real estate where the tests are conducted in conjunction 
with the normal execution of the test and evaluation mission (REC 
required).
    (j) Aircraft and Airfield Activities
    (1) Infrequent, temporary (less than 30 days) increases in air 
operations up to 50 percent of the typical installation aircraft 
operation rate.
    (2) Flying activities in compliance with Federal Aviation 
Regulations, that are dispersed over a wide area and do not frequently 
(more than once per day) pass near the same ground points.
    (3) Installation of remote transmitter or receiver facilities on 
the installation, or addition of communication channels to existing 
facilities.
    (4) Installation or upgrade of airfield equipment (e.g., runway 
visual range equipment, visual approach slope indicators).
    (5) Participation in airshows.

Subpart E--Environmental Assessments (EAs)

Sec. 651.22  Conditions and Actions Normally Requiring an EA.

    An EA is a document intended to help proponents and other decision 
makers determine the extent of environmental impacts of a proposed 
action, alternatives, and whether those impacts are significant. An EA 
will be prepared if a proposed action:
    (a) Is not an emergency;
    (b) Is not exempt or an exception;
    (c) Does not qualify as a categorical exclusions (CX); and
    (d) Does not qualify for environmental impact statement (EIS) 
criteria or actions.

[[Page 37872]]

Sec. 651.23  EA Format.

    Environmental Assessments will include:
    (a) Review and approval page.
    (b) Purpose and need for the action.
    (c) Description of the proposed action.
    (d) The alternatives considered, including appropriate 
consideration of the no-action alternative.
    (e) Affected environment.
    (f) Environmental consequences of the proposed action and the 
alternatives. Discussion of impacts should provide sufficient analysis 
to reach a conclusion of ``significance'', and not be merely a 
quantification of facts.
    (g) Conclusions regarding the significance of impacts, and a 
recommendation whether to proceed with an EIS.
    (h) Listing of agencies and persons consulted.
    (i) References.

Sec. 651.24  Finding of No Significant Impact (FONSI).

    (a) An EA results in either a FONSI or a Notice of Intent (NOI) to 
prepare an EIS. Initiation of a NOI to prepare an EIS should occur at 
any time in the decision process when it is determined that significant 
effects may occur as a result of the proposed action.
    (b) The FONSI is a formal document that:
    (1) Briefly states the decision and the reasons why the decision 
will not have a significant effect on the human environment.
    (2) Summarizes mitigation commitments (costs and resources required 
to complete a mitigation measure).
    (3) Explicitly states that an EIS will not be prepared.
    (c) The FONSI will either contain a summary of the EA, or have the 
EA attached and incorporated by reference.
    (d) The FONSI should reference other documents used to make the 
decision or finding of no significant impact.

Sec. 651.25  Review and Approval of EAs and FONSIs.

    (a) The proponent is responsible for preparing, staffing, 
processing (e.g., distributing for comment) and approving the EA with 
the concurrence of the decision maker.
    (b) The proponent is responsible for preparing and staffing the 
FONSI. The decision maker or designee is responsible for approving and 
signing the FONSI.

Sec. 651.26  Public Involvement.

    (a) Agencies, applicants, local governments, organizations, the 
general public, and other interested and affected parties will be 
involved as appropriate in the development of a proposal and 
preparation of an EA. When considering the type and extent of public 
notice and involvement, some of the factors to be weighed are:
    (1) Magnitude of the proposed project/action.
    (2) Extent of anticipated public interest, based on experience with 
similar proposals.
    (3) Urgency of the proposal.
    (4) National security classification.
    (b) Public involvement should begin early in the proposal 
development stage, and during preparation of an EA. The direct 
involvement of agencies with jurisdiction or special expertise is an 
integral part of impact analysis, and provides information and 
conclusions for incorporation into EAs. Unclassified documents 
incorporated into the EA or FONSI by reference are public documents.
    (c) Copies of public notices, ``scoping'' letters, EAs and FONSIs, 
and other documents routinely sent to the public will be sent directly 
to appropriate Congressional state and district offices.
    (d) All EAs will be made available for at least a 30-day public 
comment period prior to approval of the FONSI, except as provided in 
paragraph (e) of this section.
    (e) The next higher level of authority may waive the 30-day comment 
period if all of the following conditions are met:
    (1) Delay would jeopardize the Army's mission or an applicant's 
ability to implement a proposal; and
    (2) The EA/FONSI have been sufficiently staffed within the Army and 
with agencies with special expertise or with authority over an aspect 
of the proposal; and
    (3) The action does not involve wetlands, floodplains, or the 
circumstances and actions described in 40 CFR 1501.4(e)(2). Appropriate 
public notice of the availability of the completed EA and approved 
FONSI shall be made.

Sec. 651.27  Mitigation and Implementation Plan.

    (a) Throughout the NEPA process, the proponent will consider 
mitigating measures to avoid or minimize environmental harm. Mitigation 
measures or programs will be clearly assessed in the EA and identified 
in the FONSI for the decision maker to approve. Mitigation committed to 
as part of the decision will be implemented by the proponent; for 
purposes of identifying funding requirements, mitigations should be 
ranked on a priority basis.
    (b) An EA may have a no significant impact conclusion because of 
specific mitigation measures. Such key measures must be accomplished in 
the stated time frame to support the no significant impact conclusion, 
or the significance of the project impacts must be reevaluated.

Subpart F--Environmental Impact Statements (EISs)

Sec. 651.28  Introduction.

    An EIS is a public document designed to ensure that NEPA policies 
and goals are incorporated early into the programs and actions of 
Federal agencies. An EIS is intended to provide a full, open, and 
balanced discussion of significant environmental impacts that may 
result from a proposed action. Along with other project documentation, 
the EIS provides a basis for informed decision making.

Sec. 651.29  Conditions Requiring an EIS.

    In determining if an EIS is appropriate, the proponent should 
consider whether the proposed action has the potential to:
    (a) Significantly degrade environmental quality or public health or 
safety.
    (b) Significantly adversely affect historic or archaeological 
resources, public parks and recreation areas, wildlife refuge or 
wilderness areas, wild and scenic rivers, or aquifers.
    (c) Significantly adversely impacts properties listed or meeting 
the criteria for listing in the National Register of Historic Places, 
or the National Registry of Natural Landmarks.
    (d) Significantly adversely impact prime and unique farmlands 
located off-post, wetlands, floodplains, coastal zones, or ecologically 
important areas or other areas of unique or critical environmental 
sensitivity.
    (e) Result in significant or uncertain environmental effects, or 
unique or unknown environmental risks.
    (f) Significantly adversely affect a species or habitat listed or 
proposed for listing on the Federal list of endangered or threatened 
species, and Federal candidate species.
    (g) Either establish a precedent for future action or represent a 
decision in principle about a future consideration with significant 
environmental effects.
    (h) Adversely interact with other actions with individually 
insignificant effects so that cumulatively significant environmental 
effects result.
    (i) Involve the production, storage, transportation, use, treatment 
and disposal of hazardous or toxic materials to include medical wastes 
that may have significant environmental impact.

[[Page 37873]]

Sec. 651.30  Actions Normally Requiring an EIS.

    (a) The following actions normally require preparation of an EIS:
    (1) Land acquisition greater than 640 acres.
    (2) Construction of major ranges, such as multipurpose range 
complexes (MPRCs).
    (3) Expansion/Development of a central impact area.
    (4) A Category I (major) weapons system acquisition program.
    (5) Permanent restationing of a Brigade or larger (TOE) unit during 
peacetime in the continental United States.
    (6) Training activities where approved land use plans or regulatory 
(e.g.; soil/land/water) plans or goals are exceeded.
    (7) Master Plans for established installations where major new 
developments or substantial changes in mission requirements are 
proposed.
    (8) Division or larger training activities conducted outside the 
boundaries of an existing military reservation.
    (9) Introduction or reintroduction of Federally listed endangered/
threatened species, or exotic species.
    (10) Construction projects in a National Priorities List (NPL) site 
or other major cleanup site that are not related to an environmental 
restoration project.
    (11) Proposal similar to past project or action that contributed to 
or created a major cleanup action.
    (12) Construction or location of a facility within a 100-year 
floodplain where there is potential for significant release of 
hazardous substances.
    (13) Construction or upgrading of a laboratory to a Biosafety Level 
4 (32 CFR part 627, App. G).
    (14) Proposed action would create or expand an existing Noise Zone 
III in a noise sensitive area.
    (15) Construction of facility to store, treat, or dispose of large 
quantities of chemical agents (e.g., mustard, sarin, tabun). Does not 
include riot agents.
    (b) While these are individual actions, one must consider the full 
spectrum of actions that constitute a single proposed action. For 
example, construction of a multipurpose range must also consider the 
impacts of operations; land acquisition must consider the intended 
uses.

Sec. 651.31  EIS Format.

    The EIS must contain:
    (a) Cover sheet.
    (b) Summary.
    (c) Table of contents.
    (d) Purpose of and need for the action.
    (e) Alternatives considered, including proposed action and no 
action alternative.
    (f) Affected environment (baseline conditions that may be 
impacted).
    (g) Environmental and socioeconomic consequences.
    (h) List of preparers.
    (i) Distribution list.
    (j) Index.
    (k) Appendixes (as appropriate).

Sec. 651.32  Approval Authority.

    (a) The primary approval authority for EISs and related documents 
(NOI, NOA) is the MACOM Commander, Program Executive Officer, Major 
Subordinate Command Commander with Milestone Decision Authority for 
acquisition/development programs, or HQDA equivalent for Army-wide 
programs for which HQDA is the proponent.
    (b) Approval authority may be delegated for actions that are 
limited in scope (e.g., affect only one installation) and are without 
apparent major controversy. This delegation extends to garrison 
commanders and Program or Systems Managers).
    (c) When delegating authority, consideration should be given to the 
scope of the proposal, public/agency controversy and sensitivity, and 
the capacity to adequately and objectively administer the analysis.

Sec. 651.33  Notice of Intent (NOI).

    (a) The NOI initiates the formal scoping process, and is prepared 
by the proponent.
    (b) For proposed actions that are widely controversial, or of 
national concern or interest, the Office, Chief of Legislative Liaison 
(OCLL) shall be notified of the pending action so that appropriate 
congressional coordination may be effected.
    (c) The Office, Chief of Public Affairs, will coordinate public 
announcements through its chain of command.
    (d) The approved NOI shall be forwarded to the Army Federal 
Register Liaison Officer for publication in the Federal Register. 
Copies of the Notice may also be distributed to agencies, 
organizations, and individuals who have expressed interest. A copy of 
the approved NOI shall be forwarded to the Director of Environmental 
Programs, HQDA.

Sec. 651.34  Scoping.

    This scoping process identifies the significant issues related to a 
proposed action. Issues which are not significant or which have been 
covered by prior environmental review are identified and eliminated 
from detailed study. Proper scoping also identifies reasonable 
alternatives, essential participants, and information needed for 
analysis. Affected Federal, state, and local agencies, affected Indian 
Tribes, and other interested persons are included as part of the 
scoping process. Proper scoping reduces the chances of overlooking 
significant issues or reasonable alternatives, and increases public 
confidence in the decision making process.

Sec. 651.35  Preparation and Processing of the Draft Environment Impact 
Statement (DEIS).

    (a) The proponent prepares draft environmental impact statements. 
Following appropriate staffing and revisions, the DEIS is approved for 
public release by the delegated authority.
    (b) Following approval, the proponent will forward five copies of 
the DEIS to EPA for filing and notice in the Federal Register; 
publication of EPA's notice of availability of weekly receipts (NWR) 
commences the public comment period. The proponent will distribute the 
DEIS prior to, or simultaneous with, filing with EP(A) Distribution 
will include appropriate Federal, state, regional and local agencies; 
Native American tribes; and organizations and private citizens who have 
expressed interest in the proposed action.
    (c) For proposed actions that are widely controversial, or of 
national concern or interest, the Office, Chief of Legislative Liaison 
(OCLL) shall be notified of the pending action so that appropriate 
congressional coordination may be effected.
    (d) The Office, Chief of Public Affairs, will coordinate public 
announcements through its chain of command.
    (e) The proponent may prepare a separate Notice of Availability 
(NOA) to be published in the Federal Register by the Army Federal 
Register Liaison Officer, and in newspapers of general circulation in 
the affected area(s). Publication should be on the same date as the EPA 
publication.

Sec. 651.36  Public Review of the DEIS.

    (a) The DEIS public comment period will be no less than 45 days. If 
the statement is unusually long, a summary of the DEIS may be 
circulated, with an attached list of locations where the entire DEIS 
may be reviewed (for example, local public libraries).
    (b) Distribution of the complete DEIS must include the following:
    (1) Any Federal agency that has jurisdiction by law or special 
expertise with respect to any environmental impact involved and any 
appropriate Federal, state, or local agency

[[Page 37874]]

authorized to develop and enforce environmental standards.
    (2) The applicant, if any.
    (3) Any person, organization, or agency requesting the entire draft 
environmental impact statement.
    (c) News releases or public notices should be prepared and issued 
to publicize any meetings or hearings that may be scheduled.

Sec. 651.37  Preparation of the Final Environmental Impact Statement 
(FEIS).

    (a) Response to comments. The proponent shall consider and respond 
appropriately to public comments. Responses to comments on the DEIS 
will be incorporated by modification of the text and/or written 
explanation. Similar comments should be grouped for a common response.
    (b) If the changes to the DEIS are exclusively clarifications or 
minor factual corrections, a document consisting of only the DEIS 
comments, responses to the comments, and errata sheets may be prepared 
and circulated. If such an abbreviated FEIS is anticipated, the DEIS 
should contain a statement advising reviewers to keep the document so 
they will have a complete set of ``final'' documents. The final EIS to 
be filed with EPA will consist of a complete document containing a new 
cover sheet, the errata sheets, comments and responses, and the text of 
the draft EIS. Coordination, approval, filing, and public notice of an 
abbreviated FEIS is the same as for a draft EIS.
    (c) If extensive modifications are warranted, the proponent will 
prepare a new, complete FEIS. Preparation, coordination, approval, 
filing, and public notice of the FEIS is the same as the process 
outlined for the DEIS.
    (d) The FEIS distribution must include any person, organization, or 
agency that submitted substantive comments on the DEIS. One copy of the 
FEIS will be forwarded to the U.S. Army Environmental Center.
    (e) The FEIS will clearly identify the Army's preferred alternative 
unless prohibited by law.

Sec. 651.38  Decision.

    (a) No final decision on a proposed action will be made until at 
least 30 days after EPA has published the NWR of the FEIS in the 
Federal Register, or at least 90 days after the NWR of the DEIS, 
whichever is later.
    (b) The proponent will prepare a Record of Decision (ROD) for the 
decision maker(s) signature, which will--
    (1) Clearly state the decision. Describe the decision in sufficient 
detail to address the significant issues and ensure long-term 
monitoring and execution.
    (2) Identify all alternatives considered by the Army in reaching 
its decision, specifying the environmentally preferred alternative(s). 
The Army will discuss preferences among alternatives based on relevant 
factors including environmental, economic, and technical considerations 
and agency statutory missions.
    (3) Identify and discuss all such factors, including any essential 
considerations of national policy that were balanced by the Army in 
making its decision. Because economic and technical analyses are 
balanced with environmental analysis, the agency preferred alternative 
will not necessarily be the environmentally preferred alternative.
    (4) State how those considerations entered into the final decision.
    (5) State whether all practicable means to avoid or minimize 
environmental harm from the selected alternative have been adopted, and 
if not, why they were not. A monitoring and enforcement program will be 
adopted and summarized for any mitigation.
    (c) Implementation of the decision may begin immediately after 
approval of the ROD.
    (d) For RODs involving actions of national interest or concern, the 
proponent will prepare a Notice of Availability (NOA) to be published 
in the Federal Register by the Army Federal Register Liaison Officer. 
Processing and approval of the NOA is the same as for an NOI.
    (e) RODs will be distributed to agencies with authority or 
oversight over aspects of the proposal, cooperating agencies, 
appropriate Congressional state and district offices, all parties that 
are directly affected, and others upon request.
    (f) One copy of the ROD will be forwarded to the U.S. Army 
Environmental Center.
    (g) Implementing the Decision. The Army will ensure that its 
decision is properly execute(d) Mitigation and other conditions 
assessed in EISs and accepted as part of the decision will be 
implemented by the proponent. The proponent will--
    (1) Include appropriate conditions in grants, permits, or other 
approvals.
    (2) Ensure mitigation measures are properly resourced and 
implemented.
    (3) Upon request, inform cooperating or commenting agencies on the 
progress in carrying out adopted mitigation measures that they have 
proposed and that were adopted by the agency making the decision.
    (4) Upon request, make the results of relevant monitoring available 
to the public and Congress.

Sec. 651.39  Supplemental EISs (SEISs).

    (a) An SEIS is an addition to a draft and/or final EIS that has 
been filed; a supplement should not be considered a major revision to 
an EIS. If the changes to a proposed action, circumstances, or analysis 
are significant, a revised (new) EIS shall be prepared rather than a 
supplemental EIS. A process of publishing ``supplements'' can become 
confusing to reviewers, and should be done only when an analysis can be 
substantially improved without confusion.
    (b) SEISs are prepared, approved, filed, and given notice in the 
same way as draft and final EISs.
    (c) A Notice of Intent need not be published or amended, nor new 
scoping undertaken, for a supplemental draft EIS that is expected to be 
filed within one year from the date the original EIS being supplemented 
(draft or final) was filed with EPA, and the affected publics are not 
expected to change drastically (i.e., supplement does not involve 
actions that may impact heretofore unaffected publics).

Sec. 651.40  The Army as a Cooperating Agency.

    (a) The Army may be a Cooperating Agency:
    (1) To provide information or technical expertise to a Lead Agency.
    (2) To approve portions of a proposed action.
    (3) To ensure the Army has an opportunity to be involved in an 
action of another Federal agency which will affect the Army.
    (b) Review and Approval of EISs and RODs
    (1) Adequacy of an EIS is the responsibility primarily of the Lead 
Agency. However, as a Cooperating Agency with approval authority over 
portions of a proposal, the Army may adopt an EIS after a review 
concludes the EIS adequately satisfies the Army's comments and 
suggestions.
    (2) If the Army is a major approval authority for the proposed 
action, the appropriate Army official may sign the Record of Decision 
prepared by the Lead Agency, or prepare a separate, more focused ROD. 
If the Army's approval authority is only a minor aspect of the overall 
proposal, such as issuing a temporary use permit, the Army need not 
sign the Lead Agency's ROD nor prepare a separate ROD.
    (3) The magnitude of the Army's involvement in the proposal will 
determine the appropriate level and

[[Page 37875]]

scope of Army review of NEPA documents. If the Army is a major approval 
authority or may be severely impacted by the proposal or an 
alternative, the Army should undertake the same level of review as if 
it were the Lead Agency; if the involvement is limited, the review may 
be substantially less. The Lead Agency is responsible for overall 
supervision of the EIS, and the Army will attempt to meet all 
reasonable timeframes imposed by the Lead Agency.
Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 96-17991 Filed 7-19-96; 8:45 am]
BILLING CODE 3710-08-P

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